As used in this article 250, unless the context otherwise requires:
(1) ACIP means the advisory committee on immunization practices to the centers for disease control and prevention in the United States department of health and human services or its successor entity.
(2) Administer means the direct application of a drug to the body of a patient by injection, inhalation, ingestion, or any other method.
(3) Advisory committee means the naturopathic medicine advisory committee created in section 12-250-104.
(4) Approved clinical training means clinical training in naturopathic medicine in an inpatient or outpatient setting that has been approved by the director. Approved clinical training may include components of allopathic medicine in addition to naturopathic medicine.
(5) Approved naturopathic medical college means:
(a) A naturopathic medical education program in the United States or Canada that grants the degree of doctor of naturopathic medicine or doctor of naturopathy and that:
(I) Is approved by the director;
(II) Offers graduate-level, full-time didactic and supervised clinical training; and
(III) Is accredited or has achieved candidacy status for accreditation by the Council on Naturopathic Medical Education or an equivalent accrediting body for naturopathic medical programs recognized by the United States department of education; or
(b) Any other college or program approved by the director and accredited by the Council on Naturopathic Medical Education or its successor entity.
(6) Continuing professional competency means the ongoing ability of a naturopathic doctor to learn, integrate, and apply the knowledge, skill, and judgment to practice as a naturopathic doctor according to generally accepted standards and professional ethical standards.
(7) Dispense means the preparation, in a suitable container appropriately labeled for subsequent administration to or use by a patient, of a medicine that a naturopathic doctor is authorized under this article 250 to obtain.
(8) Homeopathic preparations means medicines prepared according to the most current version of the Homeopathic Pharmacopoeia of the United States/Revision Service.
(9) Minor office procedures means:
(a) The repair, care, and suturing of superficial lacerations and abrasions;
(b) The removal of foreign bodies located in superficial tissue, excluding the ear or eye; and
(c) Obtaining and administering saline, sterile water, topical antiseptics, and local anesthetics, including local anesthetics with epinephrine, in connection with a procedure described in subsection (9)(a) or (9)(b) of this section.
(10) Natural health-care services or natural health care includes, but is not limited to:
(a) Healing practices using food; food extracts; over-the-counter dietary supplements, including vitamins, herbs, minerals, and enzymes; nutrients; homeopathic remedies and preparations; the physical forces of heat, cold, water, touch, sound, and light; and mind-body and energetic healing practices;
(b) Education, counseling, or advice regarding healing practices described in subsection (10)(a) of this section and their effects on the structure and functions of the human body; and
(c) Services or care as may be further defined by the director by rule.
(11) Naturopathic doctor or registrant means a person who is registered by the director to practice naturopathic medicine pursuant to this article 250.
(12) Naturopathic formulary means the list of nonprescription classes of medicines determined by the director that naturopathic doctors use in the practice of naturopathic medicine. Naturopathic formulary includes any prescription substance or device that is authorized under this article 250.
(13) (a) Naturopathic medicine, as performed by a naturopathic doctor, means a system of health care for the prevention, diagnosis, evaluation, and treatment of injuries, diseases, and conditions of the human body through the use of education, nutrition, naturopathic preparations, natural medicines and other therapies, and other modalities that are designed to support or supplement the human body's own natural self-healing processes.
(b) Naturopathic medicine includes naturopathic physical medicine, which consists of naturopathic manual therapy, the therapeutic use of the physical agents of air, water, heat, cold, sound, light, touch, and electromagnetic nonionizing radiation, and the physical modalities of electrotherapy, diathermy, ultraviolet light, ultrasound, hydrotherapy, and exercise.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1297, � 1, effective October 1.
Editor's note: This section is similar to former � 12-37.3-102 as it existed prior to 2019.
12-250-104. Naturopathic medicine advisory committee - creation - membership - duties. (1) (a) The naturopathic medicine advisory committee is hereby created in the department as the entity responsible for advising the director in the regulation of the practice of naturopathic medicine by naturopathic doctors and the implementation of this article 250.
(b) The advisory committee consists of nine members appointed by the director as follows:
(I) Three members who are naturopathic doctors;
(II) Three members who are doctors of medicine or osteopathy licensed pursuant to article 240 of this title 12, one of whom is a pediatrician and another of whom is a member of a statewide multispecialty medical society;
(III) One member who is a pharmacist licensed pursuant to article 280 of this title 12; and
(IV) Two members from the public at large. The director shall make reasonable efforts to appoint public members who are or have been consumers of naturopathic medicine.
(c) (I) Each member of the advisory committee holds office until the expiration of the member's appointed term or until a successor is duly appointed. Except as specified in subsection (1)(c)(II) of this section, the term of office of each member is four years, and an advisory committee member shall not serve more than two consecutive four-year terms. The director shall fill a vacancy occurring on the advisory committee, other than by expiration of a term, by appointment for the unexpired term of the member.
(II) To ensure staggered terms of office, the initial term of office of one of the naturopathic doctor members, the pharmacist member, and one of the members representing the public is two years. These members are eligible to serve one additional four-year term of office. On and after the expiration of these members' terms, the term of office of persons appointed to these positions on the advisory committee is as described in subsection (1)(c)(I) of this section, commencing on January 1 of the applicable year.
(d) The director may remove any advisory committee member for misconduct, incompetence, or neglect of duty.
(2) The advisory committee shall meet at least once each year to:
(a) Advise the director in the administration and enforcement of this article 250 and rules adopted under this article 250;
(b) Discuss issues of importance to naturopathic doctors and their patients; and
(c) (I) Review the naturopathic formulary specified in section 12-250-106 (1)(c)(I); and
(II) Make recommendations to the director on whether there should be additions, other than controlled substances, to the naturopathic formulary. Possible additions may include only biological substances including vitamins, minerals, nutritive substances, extracts, and their products and residues.
(3) Members of the advisory committee shall not receive compensation for their services but are entitled to reimbursement for actual and necessary expenses they incur in performing their duties.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1299, � 1, effective October 1. L. 2020: (1)(b)(II) and (2) amended, (HB 20-1212), ch. 228, p. 1114, � 4, effective July 2.
Editor's note: This section is similar to former � 12-37.3-103 as it existed prior to 2019.