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House passes measure easing licensure limits and allowing DOPL rules for naturopathic remedies

Utah House of Representatives (2005 General Session) · February 4, 2005
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Summary

The House approved HB 66, which narrows a licensure-by-endorsement limitation for naturopathic physicians and adds language permitting the Division of Occupational & Professional Licensing to adopt rules allowing naturopaths to dispense certain homeopathic remedies and dietary supplements from their offices.

SALT LAKE CITY — The Utah House on Feb. 2 passed House Bill 66 as amended, 57–11, a bill that modifies licensure and practice rules for naturopathic physicians and authorizes administrative rulemaking by the Division of Occupational & Professional Licensing (DOPL) for certain dispensing activities.

Representative Farrin, presenting the amendment, said the measure would permit DOPL to require appropriate examinations while allowing the agency to accept equivalent licensure and education from out-of-state or foreign jurisdictions rather than limiting licensure to graduates of six named U.S. colleges. The bill also adds four words, "consistent with division rule," to authorize the naturopathic board and DOPL to regulate the dispensing of homeopathic remedies and dietary supplements from a practitioner’s office if those activities meet division rules.

Supporters argued the change corrects an unintended exclusion that limited licensure and resolves an administrative problem DOPL has been facing. "The effect of the current statute is to exclude anybody else from coming and getting licensed here," the sponsor said, adding that the state currently has a small number of licensed naturopathic physicians and that some foreign jurisdictions have longer professional histories.

Floor questioning focused on consumer-protection concerns. Representative Butters and others asked whether allowing practitioners to sell supplements from their offices creates conflicts of interest or disclosure obligations. Sponsor Farrin said the added phrase "consistent with division rule" was intended to allow the board to establish rules addressing those concerns (disclosure, conflicts, safe practice) rather than bake them into statute.

Members also debated whether homeopathic remedies and dietary supplements are meaningfully different from pharmacy-dispensed medicines; the sponsor and supporters emphasized DOPL does not regulate retail sales of supplements and that the change aimed to avoid making routine naturopathic practice a statutory violation.

If enacted, the bill directs DOPL and the naturopathic board to create administrative rules to set boundaries and protections for in-office dispensing. HB 66 will move to the Senate for further consideration.

What happens next: DOPL and the naturopathic board would be expected to promulgate administrative rules addressing disclosure, conflict-of-interest safeguards and what products may be dispensed.