§ 4121. Definitions
As used in this chapter:
(1) “Acupuncture” means the insertion of fine needles through the skin at certain points
on the body, with or without the application of electric current or the application
of heat to the needles or skin, or both, for the purpose of promoting health and balance
as defined by traditional and modern Oriental theories.
(2) “Approved naturopathic medical college” means a college that grants a degree of doctor
of naturopathic medicine or doctor of naturopathy:
(A) is accredited by the Council of Naturopathic Medical Education, its successor, or
other accrediting agency recognized by the U.S. Department of Education;
(B) has attained candidate for accreditation status with such agency; or
(C) meets educational standards essentially equivalent to those established by such accrediting
agency.
(3) “Director” means the Director of the Office of Professional Regulation.
(4) “Disciplinary action” means any action taken by an administrative law officer established
in 3 V.S.A. § 129(j) against a licensee or applicant on a finding of unprofessional conduct by the licensee
or applicant. “Disciplinary action” includes issuance of warnings and all sanctions
including denial, suspension, revocation, limitation, or restriction of licenses,
and other similar limitations.
(5) “Natural” means present in, produced by, or derived from nature.
(6) “Naturopathic childbirth” means uncomplicated natural home birth assisted by a naturopathic
physician.
(7) [Repealed.]
(8) “Naturopathic medicine” or “the practice of naturopathic medicine” means a system
of health care that utilizes education, natural medicines, and natural therapies to
support and stimulate a patient’s intrinsic self-healing processes and to prevent,
diagnose, and treat human health conditions, injuries, and pain. In connection with
such system of health care, an individual licensed under this chapter may:
(A) Administer or provide for preventative and therapeutic purposes nonprescription medicines,
topical medicines, botanical medicines, homeopathic medicines, counseling, hypnotherapy,
nutritional and dietary therapy, naturopathic physical medicine, naturopathic childbirth,
therapeutic devices, barrier devices for contraception, and prescription medicines
authorized by this chapter.
(B) Use diagnostic procedures commonly used by physicians in general practice, including
physical and orificial examinations, electrocardiograms, diagnostic imaging techniques,
phlebotomy, clinical laboratory tests and examinations, and physiological function
tests.
(9) “Naturopathic physical medicine” means the use of the physical agents of air, water,
heat, cold, sound, and light, and the physical modalities of electrotherapy, biofeedback,
acupuncture, diathermy, ultraviolet light, ultrasound, hydrotherapy, and exercise.
“Naturopathic physical medicine” also includes naturopathic manipulation and mobilization
therapy if, in the opinion of the Director, the naturopathic physician’s education
emphasized the importance of the neuromusculoskeletal structure and manipulative therapy
in the maintenance and restoration of health. Naturopathic medicine does not include
the practice of physical therapy, physical rehabilitation, or chiropractic.
(10) “Naturopathic physician” is a person who practices naturopathic medicine and is licensed
under this chapter.
(11) “Prescription medicine” means any human drug, including finished dosage forms and
active ingredients subject to Section 503(b) of the federal Food, Drug, and Cosmetic
Act, required by federal law or regulation to be dispensed only by prescription.
(12) “Topical medicines” mean medicines applied to the surface of the body and include
topical analgesics, anesthetics, antiseptics, scabicides, antifungals, antibacterials,
cryo-agents, and anti-inflammatory agents.
(13) “Naturopathic pharmacology examination” means a test administered by the Director
or the Director’s designee, the passage of which is required to obtain the special
license endorsement under subsection 4125(d) of this chapter. (Added 1995, No. 171 (Adj. Sess.), § 1; amended 1997, No. 40, § 49; 2001, No. 129 (Adj. Sess.), § 32, eff. June 13, 2002; 2005, No. 148 (Adj. Sess.), § 45; 2007, No. 163 (Adj. Sess.), § 37; 2009, No. 25, § 12; 2011, No. 116 (Adj. Sess.), § 57.)
§ 4122. Prohibitions and penalties
(a) No person shall perform any of the following acts:
(1) Practice naturopathic medicine in this State without a valid license issued in accordance
with this chapter except as provided in section 4123 of this title.
(2) Use in connection with the person’s name any letters, words, or insignia indicating
or implying that the person is a naturopathic physician unless the person is licensed
in accordance with this chapter. A person licensed under this chapter may use the
designations “N.D.,” “doctor of naturopathic medicine,” “naturopathic doctor,” “doctor
of naturopathy,” or “naturopathic physician.”
(b) A person licensed under this chapter shall not perform any of the following acts:
(1) Prescribe, dispense, or administer any prescription medicines without obtaining from
the Director the special license endorsement under subsection 4125(d) of this chapter.
(2) Perform surgical procedures, except for episiotomy and perineal repair associated
with naturopathic childbirth.
(3) Use for therapeutic purposes any device regulated by the U.S. Food and Drug Administration
(FDA) that has not been approved by the FDA.
(4) Perform naturopathic childbirth without obtaining from the Director the special license
endorsement under subsection 4125(b) of this chapter.
(c) A person who violates any of the provisions of this section shall be subject to the
penalties provided in 3 V.S.A. § 127(c). (Added 1995, No. 171 (Adj. Sess.), § 1; amended 2001, No. 129 (Adj. Sess.), § 33, eff. June 13, 2002; 2005, No. 148 (Adj. Sess.), § 46; 2007, No. 29, § 64; 2007, No. 163 (Adj. Sess.), § 38; 2011, No. 116 (Adj. Sess.), § 58.)
§ 4123. Exemptions
(a) Nothing in this chapter shall be construed to prohibit any of the following:
(1) The practice of a profession by a person who is licensed, certified, or registered
under other laws of this State and is performing services within the authorized scope
of practice of that profession.
(2) The practice of naturopathic medicine by a person duly licensed to engage in the practice
of naturopathic medicine in another state, territory, or the District of Columbia
who is called into this State for consultation with a naturopathic physician licensed
under this chapter.
(3) The practice of naturopathic medicine by a student enrolled in an approved naturopathic
medical college. The performance of services shall be pursuant to a course of instruction
and under the supervision of an instructor, who shall be a naturopathic physician
licensed in accordance with this chapter.
(4) The use or administration of over-the-counter medicines or other nonprescription agents.
(b) The provisions of subdivision 4122(a)(1) of this chapter, relating to the practice
of naturopathic medicine, shall not be construed to limit or restrict in any manner
the right of a practitioner of another health care profession from carrying on in
the usual manner any of the functions related to that profession. (Added 1995, No. 171 (Adj. Sess.), § 1; amended 2005, No. 148 (Adj. Sess.), § 47; 2011, No. 116 (Adj. Sess.), § 59.)
§ 4124. Reporting contagious and infectious diseases; death certificates
Naturopathic physicians are subject to the provisions of the law relating to contagious
and infectious diseases and to the issuance of birth and death certificates. (Added 1995, No. 171 (Adj. Sess.), § 1; amended 2001, No. 129 (Adj. Sess.), § 34, eff. June 13, 2002.)
§ 4125. Director; duties
(a) The Director, with the advice of the advisor appointees, shall:
(1) provide general information to applicants for licensure as naturopathic physicians;
(2) administer fees collected under this chapter;
(3) administer examinations;
(4) explain appeal procedures to naturopathic physicians and applicants for licensure
and complaint procedures to the public;
(5) receive applications for licensure under this chapter; issue and renew licenses; and
revoke, suspend, reinstate, or condition licenses as ordered by an administrative
law officer; and
(6) refer all disciplinary matters to an administrative law officer.
(b) The Director, with the advice of the advisor appointees, shall adopt rules necessary
to perform the Director’s duties under this section, which shall include rules regulating
a special license endorsement to practice naturopathic childbirth.
(c) [Repealed.]
(d) The Director, in consultation with the Commissioner of Health, shall adopt rules consistent
with the Commissioner’s recommendations regulating a special license endorsement that
shall authorize a naturopathic physician to prescribe, dispense, and administer prescription
medicines. These rules shall require a naturopathic physician to pass a naturopathic
pharmacology examination in order to obtain this special license endorsement. The
naturopathic pharmacology examination shall be administered by the Director or the
Director’s designee and shall test an applicant’s knowledge of the pharmacology, clinical
use, side effects, and drug interactions of prescription medicines, including substances
in the Vermont Department of Health’s regulated drugs rule.
(e)(1) The Director shall appoint an advisory committee to study and report to the Director
and the Commissioner of Health on matters relating to the prescribing authority of
naturopathic physicians under the special license endorsement, including recommendations
if necessary for revisions to the administrative rules in order to ensure that naturopathic
physicians prescribe, dispense, and administer prescription medicines within the scope
of a naturopathic physician’s pharmacology education, training, and experience.
(2) The Committee shall be composed of at least seven members: two naturopathic physicians,
two physicians licensed by the Board of Medical Practice or the Board of Osteopathic
Physicians and Surgeons, a pharmacologist, a pharmacist, and a member of the public.
(3) Members of the Committee shall be entitled to compensation at the rate provided in
32 V.S.A. § 1010. (Added 1995, No. 171 (Adj. Sess.), § 1; amended 1997, No. 40, § 49(a); 2001, No. 129 (Adj. Sess.), § 35, eff. June 13, 2002; 2003, No. 60, § 22; 2005, No. 148 (Adj. Sess.), § 48; 2007, No. 163 (Adj. Sess.), § 39; 2011, No. 116 (Adj. Sess.), § 60; 2013, No. 138 (Adj. Sess.), § 46.)
§ 4126. Advisor appointees
(a) The Secretary of State shall appoint two naturopathic physicians licensed under this
chapter to serve as advisors to the Director in matters relating to naturopathic physicians.
They shall be appointed as set forth in 3 V.S.A. § 129b and serve at the pleasure of the Secretary. One of the initial appointments shall
be for less than a full term.
(b) Appointees shall have at least three years of experience as a naturopathic physician
during the period immediately preceding appointment and shall be actively practicing
naturopathic medicine in Vermont and remain in good standing during incumbency.
(c) The Director shall seek the advice of the advisor appointees under this section in
carrying out the provisions of this chapter. The advisor appointees shall be entitled
to compensation and necessary expenses as provided in 32 V.S.A. § 1010 for attendance at any meetings called by the Director for this purpose.
(d) [Repealed.] (Added 1995, No. 171 (Adj. Sess.), § 1; amended 1997, No. 40, § 49(a); 2007, No. 29, § 65; 2019, No. 178 (Adj. Sess.), § 20, eff. Oct. 1, 2020.)
§ 4127. Eligibility for licensure
To be eligible for licensure as a naturopathic physician, an applicant shall satisfy
all the following:
(1) Have been granted a degree of doctor of naturopathic medicine, or a degree determined
by the Director to be essentially equivalent to such degree, from an approved naturopathic
medical college.
(2) Be physically and mentally fit to practice naturopathic medicine.
(3) Pass a licensing examination approved by the Director by rule, unless the applicant
is exempt from examination pursuant to section 4129 of this chapter.
(4) [Repealed.] (Added 1995, No. 171 (Adj. Sess.), § 1; amended 2007, No. 163 (Adj. Sess.), § 40; 2011, No. 116 (Adj. Sess.), § 61.)
§ 4128. Application for licensure
A person shall apply for a license under this chapter by filing with the Director
an application provided by the Director accompanied by the required fees and evidence
of eligibility. (Added 1995, No. 171 (Adj. Sess.), § 1.)
§ 4129. Waiver of licensing examination requirement
The Director shall waive the examination requirement if the applicant is a naturopathic
physician regulated under the laws of another jurisdiction who is in good standing
to practice naturopathic medicine in that jurisdiction and, in the opinion of the
Director, the standards and qualifications required for regulation in that jurisdiction
are at least equal to those required by this chapter. (Added 1995, No. 171 (Adj. Sess.), § 1; amended 2007, No. 163 (Adj. Sess.), § 41; 2011, No. 116 (Adj. Sess.), § 62.)
§ 4130. Biennial license renewal; continuing education
(a) The license to practice naturopathic medicine shall be renewed every two years by
filing a renewal application on a form provided by the Director. The application shall
be accompanied by the required fee and evidence of compliance with subsection (b)
of this section.
(b) As a condition of renewal, a naturopathic physician shall complete a program of continuing
education, approved by the Director, during the preceding two years. The Director
shall not require more than 30 hours of continuing education biennially. (Added 1995, No. 171 (Adj. Sess.), § 1; amended 2007, No. 163 (Adj. Sess.), § 42; 2011, No. 116 (Adj. Sess.), § 63.)
§ 4131. Supervision
A naturopathic physician licensed pursuant to this chapter shall be authorized to
work independently and shall not require supervision by any other health care professional;
provided, however, that this section shall not be construed to limit the regulatory
authority of the Director or Office of Professional Regulation. (Added 2011, No. 96 (Adj. Sess.), § 5, eff. May 2, 2012.)
§ 4132. Unprofessional conduct
(a) The following conduct and conduct set forth in 3 V.S.A. § 129a by a person licensed under this chapter or an applicant for licensure constitutes
unprofessional conduct:
(1) Failing to use a complete or accurate title in professional activity.
(2) Conduct that evidences moral unfitness to practice naturopathic medicine.
(3) Harassing, intimidating, or abusing a patient.
(4) Agreeing with any other person or organization, or subscribing to any code of ethics
or organizational bylaws, when the intent or primary effect of that agreement, code,
or bylaw is to restrict or limit the flow of information concerning alleged or suspected
unprofessional conduct to the Board.
(5) Abandonment of a patient.
(6) Gross overcharging for professional services on repeated occasions, including filing
of false statements for collection of fees for which services were not rendered.
(7) Sexual harassment of a patient.
(8) Engaging in an inappropriate sexual act with a patient.
(9) Willful misrepresentation in treatments.
(10) Practicing naturopathic medicine in an area or areas in which the licensee is not
trained to practice.
(11) Using conversion therapy as defined in 18 V.S.A. § 8351 on a client younger than 18 years of age.
(b) The Director may refuse to accept the return of a license tendered by the subject
of a disciplinary investigation and may notify relevant State, federal, and local
agencies and appropriate bodies in other states of the status of any pending or completed
disciplinary case against the licensee, provided that notice of charges against the
licensee has been served or disciplinary action against that person has been taken.
(c) The burden of proof in a disciplinary action shall be on the State to show by a preponderance
of the evidence that the person has engaged in unprofessional conduct.
(d) After hearing, and upon a finding of unprofessional conduct, an administrative law
officer may take disciplinary action against a licensee or applicant. (Added 1995, No. 171 (Adj. Sess.), § 1; amended 1997, No. 40, § 49(a); 1997, No. 145 (Adj. Sess.), § 63; 1999, No. 133 (Adj. Sess.), § 33; 2001, No. 129 (Adj. Sess.), § 36, eff. June 13, 2002; 2015, No. 138 (Adj. Sess.), § 11.)