HOUSE OF REPRESENTATIVES

H.B. NO.

2256

TWENTY-EIGHTH LEGISLATURE, 2016

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to naturopathic medicine.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that naturopathic physicians provide skilled and quality care to patients throughout the State.  Naturopathic physicians also work to promote integrated health care, such as the use and application of hormone therapy and pain management.  Although naturopathic physicians in Hawaii have some prescriptive authority, they are unable to prescribe controlled substances.  For instance, testosterone and codeine as well as codeine combination products are examples of a controlled substance that is consistent with the practice of naturopathic medicine, but are prohibited from being prescribed by naturopathic physicians in Hawaii.

     The legislature further finds that naturopathic physicians are known for their expertise in bio-identical hormone replacement therapy, including the use of estrogens, progesterone, and testosterone.  Furthermore, although naturopathic care generally involves the use of non-prescription natural medications, naturopathic physicians may occasionally recommend prescription drugs when appropriate.  This includes the area of pain management, specifically the relief of mild to moderate pain, which may be best achieved through the short-term use of codeine and codeine combination products.

     The legislature finds that licensed naturopathic physicians in Hawaii should have prescriptive authority for those controlled substances that are consistent with the practice of naturopathic medicine.  The legislature notes that the prescription of certain other controlled substances, such as narcotic drugs, are not considered consistent with naturopathic practice and should not be included in the naturopathic formulary.  The legislature also notes that controlled substances have been included in the prescriptive authority for naturopathic physicians in other states, such as Arizona, California, Oregon, and Washington.

     The purpose of this Act is to authorize a naturopathic physician to prescribe controlled substances consistent with naturopathic medical practice.

     SECTION 2.  Chapter 455, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§455-    Controlled substances; authorization.  Subject to any requirements imposed by the department of public safety and the federal Drug Enforcement Administration, a naturopathic physician may register with the department of public safety pursuant to section 329-33 and may obtain a current Federal Drug Enforcement Administration registration."

     SECTION 3.  Section 329-1, Hawaii Revised Statutes, is amended by amending the definition of "practitioner" to read as follows:

     ""Practitioner" means:

     (1)  A physician, dentist, veterinarian, scientific investigator, or other person licensed and registered under section 329-32 to distribute, dispense, or conduct research with respect to a controlled substance in the course of professional practice or research in this State;

     (2)  An advanced practice registered nurse with prescriptive authority licensed and registered under section 329-32 to prescribe and administer controlled substances in the course of professional practice in this State; [and]

     (3)  A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this State[.]; and

     (4)  A naturopathic physician licensed pursuant to chapter 455."

     SECTION 4.  Section 455-1, Hawaii Revised Statutes, is amended as follows:

     1.  By adding a new definition to be appropriately inserted and to read:

     ""Controlled substance" means a scheduled drug as defined in section 329-1."

     2.  By amending the definition of "naturopathic formulary" to read:

     ""Naturopathic formulary" means vitamins, minerals, dietary supplements, botanical medicines, homeopathic medicines, hormones, and those legend drugs and controlled substances consistent with naturopathic medical practice[.]; provided that the naturopathic formulary shall not include any narcotic drugs, as defined in section 329-1."

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2016.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Naturopathic Physicians; Controlled Substances; Naturopathic Formulary; Testosterone; Prescriptive Authority

 

Description:

Authorizes a naturopathic physician to prescribe controlled substances that are consistent with naturopathic medical practice.  Clarifies that narcotic drugs shall not be included within the naturopathic formulary.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.