Title 14. Physicians — Subtitle 5F. Naturopathic Doctors

In the United States that:

In a diploma–granting, degree–equivalent college or university in Canada that:

“Device” means a device used in the diagnosis, treatment, or prevention of disease.

“Device” does not include:

“Naturopathic medicine” means the prevention, diagnosis, and treatment of human health conditions, injury, and disease using only patient education and naturopathic therapies and therapeutic substances recognized by the Council of Naturopathic Medical Education.

“Naturopathic medicine” includes:

May be sold without a prescription; and

Is labeled for use by a consumer in accordance with State and federal law.

There is a Naturopathic Doctors Formulary Council within the Board.

The Council consists of the following members:

A member of the Council:

The Board shall designate the chair of the Council.

The Board shall provide staff for the Council.

Develop and recommend to the Board a formulary for use by licensed naturopathic doctors;

Annually review the formulary adopted by the Board under subsection (c) of this section to determine if any changes are necessary for compliance with current prescribing standards or the practice of naturopathic medicine;

Otherwise review the formulary at the direction of the Board; and

Make recommendations to the Board based on the reviews conducted under items (2) and (3) of this subsection.

The Board shall adopt a formulary based on the recommendations of the Council made under subsection (b) of this section.

The Board may modify or reject any recommendation of the Council regarding the formulary.

The formulary adopted by the Board shall include:

The formulary may not include:

The Board shall set reasonable fees for the issuance and renewal of licenses and the other services the Board provides to naturopathic doctors.

The fees charged shall be set so as to produce funds to approximate the cost of maintaining the licensure program and the other services provided to naturopathic doctors.

The Board shall pay all fees collected under the provisions of this subtitle to the Comptroller.

The Comptroller shall distribute all fees to the Board established under § 14–201 of this title.

The Committee consists of five members appointed by the Board as follows:

The Board shall appoint the naturopathic doctor members from a list of names submitted by the Maryland Association of Naturopathic Physicians.

Must be a member of the general public;

May not be or ever have been:

May not:

The term of a member is 3 years.

The terms of members are staggered as required by regulation.

At the end of a term, a member continues to serve until a successor is appointed and qualifies.

A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

A member may not serve more than two consecutive full terms.

Develop and recommend to the Board:

Keep a record of its meetings; and

Provide recommendations regarding the practice of naturopathic medicine; and

Advise the Board on any other matters related to naturopathic doctors.

A naturopathic doctor who is employed in the service of the federal government while practicing within the scope of the employment;

A student who is enrolled in an approved naturopathic medical program while the student is participating in a course of study under the supervision of a licensed naturopathic doctor or a licensed professional in the field of study;

An individual who is licensed in another state to practice naturopathic medicine and whose practice of naturopathic medicine in the State is limited to examination, recommendation, or testimony in litigation; or

A naturopathic doctor licensed by and residing in another jurisdiction, if the naturopathic doctor is engaged in consultation with the naturopathic doctor in the State about a particular patient and does not direct patient care.

Have a doctorate in naturopathic medicine from an approved naturopathic medical program; and

Pass the competency–based national naturopathic licensing examination Part I and Part II administered by the North American Board of Naturopathic Examiners, or its successor agency that has been nationally recognized to administer a naturopathic examination that represents federal standards of education and training.

Any disciplinary action taken or any administrative penalties assessed against the applicant by the appropriate state licensing, certification, or registration authority; and

Any consent agreements the applicant entered into that contain conditions placed on the applicant’s professional conduct and practice, including any voluntary surrender of a license.

Obtain a license under this subtitle;

Enter into a collaboration and consultation agreement with a physician licensed in the State; and

Attest to the completion of the collaboration and consultation agreement on a form provided by the Board.

State that the applicant has a collaboration and consultation agreement with a physician licensed in the State;

Include the name and license number of the physician with whom the applicant has a collaboration and consultation agreement;

State that the applicant will refer patients to and consult with physicians and other health care providers licensed or certified under this article as needed; and

States that the applicant will require patients to sign a consent form that states that the applicant’s practice of naturopathic medicine is limited to the scope of practice established in § 14–5F–14 of this subtitle.

On receipt of the criminal history record information of an applicant for licensure forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether to issue a license, the Board shall consider:

The Board may not issue a license if the criminal history record information required under § 14–308.1 of this title has not been received.

Order and perform physical and laboratory examinations for diagnostic purposes, including phlebotomy, clinical laboratory tests, orificial examinations, electrocardiograms with over read by a cardiologist, and physiological function tests;

Order diagnostic imaging studies and interpret the reports of diagnostic imaging studies;

Dispense or order natural medicines of mineral, animal, or botanical origin, including food, extracts of food, nutraceuticals, vitamins, amino acids, minerals, enzymes, botanicals and their extracts, botanical medicines, homeopathic medicines, and all dietary supplements and nonprescription drugs listed in the formulary that use various routes of administration, including oral, nasal, auricular, ocular, rectal, vaginal, transdermal, and intramuscular;

Administer natural medicines of mineral, animal, or botanical origin, including food, extracts of food, nutraceuticals, vitamins, amino acids, minerals, enzymes, botanicals and their extracts, botanical medicines, homeopathic medicines, and all dietary supplements and nonprescription drugs listed in the formulary using various routes of administration, including oral, nasal, auricular, ocular, rectal, vaginal, and transdermal;

Administer emergency use epinephrine;

Administer or perform hot or cold hydrotherapy, naturopathic physical medicine, electromagnetic energy, and therapeutic exercise for the purpose of providing basic therapeutic care services, except that if a referral to another licensed provider is appropriate for ongoing rehabilitation or habilitation services, the naturopathic doctor shall make the referral;

Provide health education and health counseling; and

Perform naturopathic musculoskeletal mobilization.

Except for a prescription drug or device included in the formulary under § 14–5F–04.1(d)(1)(ii) or (iii) of this subtitle, prescribe, dispense, or administer any prescription drug or device;

Perform surgical procedures;

Practice or claim to practice as a medical doctor or physician, an osteopath, a dentist, a podiatrist, an optometrist, a psychologist, a nurse practitioner, a physician assistant, a chiropractor, a physical therapist, an acupuncturist, or any other health care professional unless licensed under this article;

Use general or spinal anesthetics;

Administer ionizing radioactive substances for therapeutic purposes;

Perform chiropractic adjustments or manipulations that include high–velocity thrusts at or beyond the end range of normal joint motion unless the licensee is also a licensed chiropractor;

Perform acupuncture unless the licensee is also a licensed acupuncturist; or

Prescribe, dispense, or administer any prescription or nonprescription drug or device listed in the formulary for cosmetic purposes.

The term of a license issued by the Board may not exceed 3 years.

A license expires on a date set by the Board, unless the license is renewed as provided in this section.

The date on which the current license expires;

The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license expires; and

The amount of the renewal fee.

Submits a renewal application on the form that the Board requires;

Is of good moral character;

Pays a renewal fee set by the Board;

Is otherwise entitled to be licensed;

Meets the continuing education requirements adopted by the Board; and

Provides evidence of biennial cardiopulmonary resuscitation certification.

Beginning October 1, 2016, the Board shall require a criminal history records check in accordance with § 14–308.1 of this title for:

On receipt of the criminal history record information of a licensee forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether disciplinary action should be taken, based on the criminal history record information, against a licensee who renewed or reinstated a license, the Board shall consider:

The Board may renew or reinstate a license only if the licensee or applicant attests that the licensee or applicant has submitted to a criminal history records check under § 14–308.1 of this title.

The Board may place a licensee on inactive status if the licensee submits to the Board:

The Board shall issue a license to a naturopathic doctor who is on inactive status if the individual is otherwise entitled to be licensed under this subtitle and submits to the Board:

Meets the renewal requirements of § 14–5F–15 of this subtitle;

Pays to the Board a reinstatement fee set by the Board; and

Submits to the Board satisfactory evidence of compliance with the qualifications and requirements adopted by the Board under this subtitle for license reinstatements.

Is habitually intoxicated, or is addicted to or habitually abuses any narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, or any drug without a valid prescription or indication, or provides professional services while under the influence of alcohol or using any narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article;

Is:

Has entered into a consent agreement with or has been assessed an administrative penalty by a licensing authority in another state;

Fraudulently or deceptively obtains, attempts to obtain, or uses a license for the applicant, the licensee, or another;

Is disciplined by a licensing, certifying, or disciplinary authority or is convicted or disciplined by a court of any state or country, or disciplined by any branch of the uniformed services or the U.S. Department of Veterans Affairs, for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes;

Uses false, deceptive, or misleading advertising;

Advertises, practices, or attempts to practice under a name other than the applicant’s or licensee’s own name;

Aids, assists, employs, or advises any unlicensed individual to practice naturopathic medicine in violation of this subtitle;

Willfully makes or files a false report or record in the practice of naturopathic medicine;

Willfully or negligently fails to file a report or record as required by law, willfully impedes or obstructs the filing or recording of a report, or induces another to fail to file or record a report;

Pays or receives any commission, bonus, kickback, or rebate, or engages in any split–fee arrangement in any form with a licensed physician, organization, agency, or other person, either directly or indirectly, for patients referred to health care providers;

Exercises influence within a patient–doctor relationship for purposes of engaging a patient in sexual activity;

Engages in sexual misconduct with a patient;

Fails to keep written medical records justifying the course of treatment of a patient;

Engages in an act or omission that does not meet generally accepted standards of practice of naturopathic medicine or of safe care of patients, whether or not actual injury to a patient is established;

Delegates professional responsibilities to an individual when the licensee delegating the responsibilities knows or has reason to know that the individual is not qualified by training, experience, or licensure to perform the responsibilities;

Promotes the sale of services, drugs, devices, appliances, or goods to a patient so as to exploit the patient for financial gain;

Breaches patient confidentiality;

Is guilty of:

Offers, undertakes, or agrees to cure or treat a disease by a secret method, treatment, or medicine;

Willfully fails to report suspected child abuse in violation of § 5–704 of the Family Law Article;

Sells, prescribes, gives away, or administers drugs for illegal or illegitimate purposes;

Denies or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified to render because the individual is HIV positive;

Fails to cooperate with a lawful investigation of the Board;

Abandons a patient;

Violates any provision of this title or any regulation adopted by the Board; or

Fails to complete a criminal history records check under § 14–308.1 of this title.

On the filing of certified docket entries with the Board by the Office of the Attorney General, a disciplinary panel shall order the suspension of a license if the licensee is convicted of or pleads guilty or nolo contendere with respect to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside.

After completion of the appellate process if the conviction has not been reversed or the plea has not been set aside with respect to a crime involving moral turpitude, a disciplinary panel shall order the revocation of a license on the certification by the Office of the Attorney General.

If, after a hearing under § 14–405 of this title, a disciplinary panel finds that there are grounds under subsection (a) of this section to suspend or revoke a license, to reprimand a licensee, or to place a licensee on probation, the disciplinary panel may impose a fine subject to the Board’s regulations in addition to suspending or revoking the license, reprimanding the licensee, or placing the licensee on probation.

The Board shall pay any fines collected under this section into the General Fund.

Except as provided in subsections (b) and (d) of this section, each employer of a licensed naturopathic doctor shall submit to the Board a report if:

A report required under paragraph (1) of this subsection shall include:

The employer knows that the licensed naturopathic doctor is:

The employer is able to verify that the licensed naturopathic doctor remains in the treatment program until successful discharge; and

The action or condition of the licensed naturopathic doctor has not caused injury to any person while the naturopathic doctor is practicing as a licensed naturopathic doctor.

The Board may extend the reporting under this section for good cause shown.

A person is not required under this section to make any report that would be in violation of any federal or State law, rule, or regulation concerning the confidentiality of substance use disorder patient records.

A disciplinary panel may impose a civil penalty of up to $5,000 for knowingly failing to report under this section.

A disciplinary panel may impose a civil penalty of up to $5,000 per incident for a report made by an employer in bad faith.

The Board shall remit any penalty collected under this subsection into the General Fund of the State.

A summary of charges filed against the licensee, including a copy of the charging document, until a disciplinary panel has taken action under § 14–5F–18 of this subtitle based on the charges or has rescinded the charges;

A description of any disciplinary action taken by the Board or a disciplinary panel against the licensee within the most recent 10–year period that includes a copy of the public order;

A description in summary form of any final disciplinary action taken by a licensing board in any other state or jurisdiction against the licensee within the most recent 10–year period if the Board knows about the disciplinary action;

A description of a conviction or entry of a plea of guilty or nolo contendere by the licensee for a crime involving moral turpitude that is the basis for disciplinary action taken under § 14–5F–18(c) of this subtitle; and

The public address of the licensee.

On receipt of a written request for a licensee’s profile from any person, shall forward a written copy of the profile to the person; and

Shall maintain a website that serves as a single point of entry where all licensee profile information is available to the public on the Internet.

Any person aggrieved by a final decision of the Board or a disciplinary panel under this subtitle in a contested case, as defined in the Administrative Procedure Act, may take a direct judicial appeal.

The appeal shall be made as provided for judicial review of final decisions in the Administrative Procedure Act.

Has complied with all the terms and conditions in the final order; and

Is capable of safely engaging in the practice of naturopathic medicine.

Meets the requirements for reinstatement as established under this title; and

Completes a criminal history records check in accordance with § 14–308.1 of this title.

Practicing naturopathic medicine without a license or with an unauthorized person; or

Supervising or aiding an unauthorized person in the practice of naturopathic medicine.

Represent to the public by title, by description of services, methods, or procedures, or otherwise, that the individual is licensed by the Board to practice naturopathic medicine;

Use the title “doctor of naturopathic medicine”, “doctor of naturopathy”, “naturopathic doctor”, or “naturopath”; or

Use the initials “N.D.”, “ND”, “NMD”, or “N.M.D.” after the name of the individual.