Scroll to History Page
Scroll to Previous Versions Links List
Scroll to Full Text
Download This Bill in Microsoft Word format
Current Status Bill Number:View additional legislative information at the LPITS web site.305 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20010208 Primary Sponsor:Thomas All Sponsors:Thomas Drafted Document Number:l:\council\bills\nbd\11234ac01.doc Residing Body:Senate Current Committee:Medical Affairs Committee 13 SMA Subject:Naturopaths; certification, regulation of, Naturopathic Client Bill of Rights; Medical, Labor, Licensing and Regulation History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20010208 Introduced, read first time, 13 SMA referred to Committee Versions of This Bill
TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 48 SO AS TO PROVIDE FOR THE CERTIFICATION AND REGULATION OF NATUROPATHS, TO PROVIDE THE SCOPE AND LIMITATIONS OF PRACTICE FOR NATUROPATHS, TO ESTABLISH THE NATUROPATHIC CLIENT BILL OF RIGHTS AND TO REQUIRE ITS DISTRIBUTION TO CLIENTS, AND TO PROVIDE EXCEPTIONS TO CERTIFICATION; AND TO REPEAL CHAPTER 31, TITLE 40, RELATING TO THE PROHIBITION AGAINST PRACTICING NATUROPATHY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 40 of the 1976 Code is amended by adding:
Section 40-48-10. The purpose of this chapter is to:
(1) provide standards for the certification of naturopaths and provide to the citizens of this State the availability of naturopathic choices;
(2) provide for the practice of naturopaths within this State as an option to all citizens regardless of economic status or the availability of insurance;
(3) require disclosure to the citizens of this State of the limitations of certified naturopaths whose training includes a diversity of theory and practice but is not the practice of allopathic medicine; and
(4) provide the citizens of this State a means for ensuring the accountability of naturopaths who are practicing in this State.
Section 40-48-20. For the purposes of this chapter:
(1) 'Department' means the Department of Labor, Licensing and Regulation.
(2) 'Malpractice' means failure on the part of a person certified under this chapter to exercise the degree of care, diligence, and skill ordinarily exercised by naturopaths.
(3) 'Naturopath' means an individual who engages in the practice of naturopathy.
(4) 'Naturopathic client' means an individual who receives services from a naturopath.
(5) 'Naturopathy' means a distinct system of noninvasive health practice in which neither surgery nor drugs are used, consisting instead of assessment, education, counseling, and natural health modalities including, but not limited to, the use of foods, food extracts, vitamins, minerals, enzymes, digestive aids, herbs, botanical substances, homeopathic preparations, aromatherapy, air, water, touch, heat, cold, sound, light, iridology, and exercise to help stimulate and maintain the body's intrinsic self-healing process.
(6) 'Psychometrically valid and reliable' means an examination developed on the basis of role delineation, validation, reliability, passing point, and sensitivity review factors, according to generally accepted standards.
Section 40-48-30. (A) An individual may not represent himself or herself as 'certified' to practice naturopathy in this State without first complying with this chapter.
(B) An individual certified under this chapter has the exclusive right to use the term 'certified' in conjunction with the following titles and terms: 'Naturopath', Doctor of Naturopathy', 'Naturopathic Doctor', 'Naturopathic', 'Naturopathy', 'Naturopathic Health Care', and 'N.D.'.
(C) An individual certified under this chapter is authorized to practice naturopathy in conjunction with the term 'certified'.
Section 40-48-40. A naturopath certified under this chapter may not:
(1) prescribe, dispense, administer, or make any recommendations pertaining to any legend or controlled substance as defined in the federal Controlled Substance Act, United States Code, Title 21, Sections 801 to 971;
(2) perform surgical procedures;
(3) practice emergency medicine, except as a good Samaritan rendering gratuitous services in the case of emergency and except for the care of minor injuries;
(4) practice or claim to practice medicine, surgery, osteopathy, dentistry, podiatry, optometry, chiropractic, physical therapy, or obstetrics;
(5) recommend discontinuance of medically prescribed treatments;
(6) engage in sexual contact with a naturopathic client or former client, engage in contact that may be reasonably interpreted by a client as sexual, engage in any verbal behavior that is seductive or sexually demeaning to the patient, or engage in sexual exploitation of a client or former client. For the purposes of this item, 'former client' means a person who has obtained services from the naturopath within two years;
(7) use advertising that is false, fraudulent, deceptive, or misleading;
(8) reveal a communication from, or relating to, a naturopathic client except when otherwise required or permitted by law;
(9) fail to comply with a naturopathic client's request for his records made under the Physicians' Patient Records Act or to furnish a naturopathic client's record or report required by law;
(10) split fees or promise to pay a portion of a fee to any other professional other than for services rendered by the other professional to the naturopathic client;
(11) fail to provide a naturopathic client with a copy of the client bill of rights, as provided for in Section 40-48-60 or violation of any provision of the client bill of rights; or
(12) fail to provide a naturopathic client with a recommendation that the client see a licensed health care provider, if the naturopath determines that the client needs to be seen by a licensed health care provider.
Section 40-48-50. The department may promulgate regulations necessary to carry out the purposes of this chapter including, but not limited to, procedures for investigating complaints and imposing sanctions from suspension to revocation of certification. The department also shall establish fees based on its estimates of the revenue required to administer this chapter and as required by law.
Section 40-48-60. (A) A person certified under this chapter shall provide to each naturopathic client before providing services a written copy of the Naturopathic Client Bill of Rights. A copy also must be posted in a prominent location in the office of the naturopath. Reasonable accommodations must be made for those clients who cannot read or who have communication impairments and those who do not speak English. The Naturopathic Client Bill of Rights shall include the following:
(1) the name, business address, and telephone number of the individual certified under this chapter;
(2) the degrees, training, experience, or other qualifications of the practitioner regarding the naturopathic care being provided, followed by the following statement in bold print:
'The State of South Carolina has not adopted any educational and training standards for certified naturopaths. This statement of credentials is for information purposes only. Under South Carolina law, a certified naturopath may not provide a medical diagnosis or recommend discontinuance of medically prescribed treatments. If a client desires a diagnosis from a licensed health care provider, the client may seek these services at any time.';
(3) the name, business address, and telephone number of the practitioner's supervisor, if any;
(4) notice that a naturopathic client has the right to file a complaint with the practitioner's supervisor, if any, and the procedure for filing complaints;
(5) the name, address, and telephone number of the Department of Labor, Licensing and Regulation and notice that a client may file complaints with the department;
(6) the practitioner's fees per unit of service, the practitioner's method of billing for these fees, the names of any insurance companies that have agreed to reimburse the practitioner and health maintenance organizations with whom the practitioner contracts to provide service, whether the practitioner accepts Medicare, medical assistance, or general assistance medical care, and whether the practitioner is willing to accept partial payment or to waive payment and under what circumstances;
(7) a statement that the client has a right to reasonable notice of changes in services or charges;
(8) notice that the client has a right to complete and current information concerning the practitioner's assessment and recommended service that is to be provided, including the expected duration of the service to be provided;
(9) a statement that the client may expect to be treated courteously at all times;
(10) a statement that the client's records are confidential unless release of these records is authorized in writing by the client or otherwise provided by law;
(11) a statement of the client's right to be allowed access to records and written information from records in accordance with the Physicians' Patient Records Act;
(12) a statement that the client has the right to choose freely among available practitioners' and to change practitioners after services have begun;
(13) a statement that the client has a right to coordinated transfer when there will be a change in the provider of services.
(B) A naturopathic client must sign a written statement attesting that the client has received the Naturopathic Client Bill of Rights before any services may be provided.
Section 40-48-70. (A) The department shall issue a certificate to practice naturopathy to an applicant who passes an examination provided for in subsection (B), pays the required annual fees established by the department, is twenty-one years of age, and is of good moral character.
(B) An applicant for certification shall pass any one of the following examinations if it is psychometrically valid and reliable:
(1) the examination offered by the American Board of Naturopathic Examiners, a nonprofit corporation;
(2) the examination offered by the Natural Health Examination and Certification Board, a nonprofit corporation; or
(3) any other examination that tests naturopathy as defined in this chapter and which is approved by the department.
(C) The department also shall issue a certificate to an applicant who meets the requirements of this section if the applicant passed an examination provided for in subsection (B) before the effective date of this chapter.
Section 40-48-80. Nothing in this chapter may be construed to prohibit or to restrict:
(1) the practice of a profession by individuals who are licensed, certified, or registered under other laws of this State who are performing services within their authorized scope of practice;
(2) an individual from administering a domestic or family remedy;
(3) a person from furnishing nutritional information or engaging in the explanation to customers about foods, food materials, vitamins, herbs, or other dietary supplements in connection with the marketing, sale, or distribution of those products;
(4) a person certified under this chapter from engaging in the marketing and distribution of food and food materials, vitamins, herbs, or other dietary supplements;
(5) a person or group who disseminates information or literature relating to the benefits or preparation of food, food materials, or dietary or food supplements;
(6) a person or group who give speeches, conducts seminars, or teaches classes in natural health;
(7) a person or group who conducts exercise, fitness, or weight control programs;
(8) a person or group who is traditionally recognized in the community as a provider of naturopathic advice and who advises people according to or based on cultural or ethnic practices including, but not limited to, a curandero or medicine man or woman;
(9) a person who practices animal nutrition;
(10) a person who practices midwifery.
(B) This chapter recognizes that many of the techniques and modalities used in naturopathy including, but not limited to, the use of nutritional supplements, herbs, foods, homeopathic preparations, and such physical forces as heat, cold, water, touch, light, and iridology are not the exclusive privilege of persons certified under this chapter, and their use by persons not certified by this chapter to assess, educate, advise, and counsel others is not prohibited by this chapter and does not constitute the practice of medicine.
(C) Nothing in this chapter may be construed to interfere with the religious practices or observances of a religion or religious organization or to prevent a person from caring for the sick in accordance with tenets and practices of a church or religious denomination which teaches reliance upon spiritual means through prayer for healing."
SECTION 2. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 3. Chapter 31, Title 40 of the 1976 Code is repealed.
SECTION 4. This act takes effect upon approval by the Governor.
This web page was last updated on
Tuesday, December 8, 2009 at 11:11 A.M.