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Senate passes substitute SB78 to allow naturopaths business interests with disclosure and federal-compliance language

Utah State Senate · January 24, 2023
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Summary

First substitute SB78 passed 26–0; the amendment requires naturopathic physicians to disclose ownership interests and comply with applicable federal laws regarding referrals and kickbacks.

On Jan. 24 the Utah Senate passed the first substitute to Senate Bill 78, a measure amending naturopathic physician licensing. Senator Grover offered and the Senate adopted Amendment 1, which adds language requiring compliance with any applicable federal laws regarding patient referrals and kickbacks.

Senator Grover described the bill's provisions: naturopathic physicians may have ownership interests in supplement and nutrition stores, herbal farms and related businesses; they must disclose those interests in writing to patients and disclose that patients may choose any similar facility. Regarding the amendment, Grover explained it "makes sure we're completely capturing the intent of the bill" and ensures naturopathic physicians "shall comply with any applicable federal laws regarding patient referrals and kickbacks that apply to a physician." The bill passed by roll call with 26 yeas and 3 absent.

Senator Weiler, who said he supports the bill, asked why the original prohibition applied only to naturopaths; Grover and others discussed historical regulatory differences across medical professions. The amendment passed by voice vote and the amended bill passed on final consideration; it will be sent to the House for further action.

The Senate also noted willingness to refine statutory language where needed but did not adopt additional restrictions on referral or ownership practices beyond the amendment's federal-compliance requirement.