ARIZONA STATE SENATE
Phoenix, Arizona
FINAL
REVISED
naturopathic physicians
board
Purpose
Makes numerous changes to
the statutes governing the Arizona Naturopathic Physicians Board of Medical Examiners
(NPBOMEX).
Background
Pursuant to statute, NPBOMEX
regulates naturopathic physicians by ensuring persons practicing naturopathic
medicine possess the required qualifications by issuing and renewing licenses;
conducting investigations and hearings concerning unprofessional conduct and
other violations; disciplining violators; and providing consumer information to
the public. The “practice of
naturopathic medicine” is defined as a medical system of diagnosing and
treating diseases, injuries, ailments, infirmities and other conditions of the
human mind and body including by natural means, drugless, methods, nonsurgical
methods, devices, physical, electrical, hygienic and sanitary measures and all
forms of physical agents and modalities (A.R.S. §32-1501). According to NPBOMEX, it regulates 224
licensed naturopathic physicians and 184 certified medical assistants,
naturopathic school students in clinical training programs and naturopathic
school graduates in preceptorship programs.
The Joint Legislative Budget
Committee staff operating budget recommendations for the NPBOMEX for FY
2001-2002 is $199,400 and FY 2002-2003 is $199,500. These funds are appropriated by the Legislature from the
naturopathic physicians board of medical examiners fund.
Last
year, the Senate Commerce, Agriculture and Natural Resources and House of
Representatives Health Committees of Reference held a meeting to review an
Office of the Auditor General (OAG) performance audit of NPBOMEX. The OAG made several recommendations relating
to scope of practice, licensing examinations, complaint processing, board
operation and oversight of the Executive Director.
According to NPBOMEX, moving
to a national examination will save approximately $8,000 each year which is
spent on writing and verifying examination questions.
Provisions
1. Increases the membership of NPBOMEX to include one additional naturopathic physician and one additional public member. Staggers the terms of these two members.
2. Requires NPBOMEX to recognize and accept a written national examination for licensure.
3. Allows NPBOMEX to administer its own examination for areas not covered by the national examination.
4. Requires NPBOMEX to accept the grade issued on the national examination without adjustment.
5. Prohibits NPBOMEX and its staff from having any financial interest in the national examination.
6. Specifies an applicant must obtain a scaled grade average of 75 percent or more with no single grade less than 70 percent on each subject of the national and board examination.
7. Specifies examination materials and records of grading are confidential and not public records.
8. Eliminates the requirement of NPBOMEX to administer an examination other than the Arizona naturopathic jurisprudence examination to applicants for licensure by endorsement.
9. Allows the Executive Director to issue a temporary certificate to engage in a clinical training program if the applicant's background check is not complete.
10. Requires the Executive Director to convert a temporary certificate into a certificate to engage in a clinical training program if the criminal background analysis shows the applicant has not been convicted of a felony or any misdemeanor involving a crime of moral turpitude.
11. Prohibits NPBOMEX from charging a fee for the temporary certificate.
12. Prohibits the Executive Director from having any financial interests in the practice of medicine or the training of naturopathic physicians.
13. Requires, within 90 days of receiving a completed application for licensure, NPBOMEX to issue a license if the applicant is in compliance with NPBOMEX statutes and rules.
14. Allows NPBOMEX to appoint an investigator to provide information to the Board concerning an alleged violation.
15. Prohibits a Board member from participating in the adjudication of a case if the member conducted the investigation or worked with the investigator.
16. Allows the Board and its investigators to subpoena any medical record that is relative to an investigation.
17. Eliminates the ability of a school of naturopathic medicine to become an approved school if the school is certified, recognized or approved by another state’s naturopathic licensing agency and the school is located in the jurisdiction of that agency.
18. Makes conforming and technical changes.
19. Provides for a general effective date.
Amendments Adopted by Committee
1.
Increases,
from five to seven, the membership of NPBOMEX.
2.
Requires
NPBOMEX to recognize a national examination rather than administering a
national examination.
3.
Ensures
an applicant for licensure obtains a minimum scaled grade average of 75 percent
or more on the national and board examination but does not get less than a 70
percent on any subject of the exam.
4.
Authorizes
the Executive Director to issue a temporary certificate to an applicant who
applies for a certificate in a clinical training program.
5.
Staggers
the terms for the two new members of the Board.
Makes
technical changes.
Eliminates the requirement of NPBOMEX to administer an examination other than Arizona naturopathic jurisprudence examination to applicants for licensure by endorsement.
Senate Action House Action
HEA 2/13/01 DPA 7-0-1-0 HEA 3/12/01 DP 6-0-0-4
3rd Read 2/26/01 30-0 3rd Read 3/26/01 47-9-4
Final Read 4/19/01 30-0 Final Read 4/26/01 50-4-6
Signed by Governor 5/1/01
Chapter 289
Prepared by Senate Staff
May 18, 2001