Study shows Antidepressants are no better than Placebo

February 26, 2008 Uncategorized | Comments (1) Tyler @ 8:10 pm

(NaturalNews) The following is a groundbreaking report from the independent, honest medical journal PLoS Medicine (which accepts no advertising money from Big Pharma). The full study, with sources and attributions, can be found at http://medicine.plosjournals.org/perlse…

This study is sending shockwaves through the medical community. It finally reveals the Big Pharma hoax behind antidepressant drugs. Through fraudulent science and clever marketing, drug companies have managed to take a drug that works no better than placebo and turn it into a multi-billion dollar scam. But the truth is finally out: Taking Prozac is no more effective than taking a sugar pill! Hundreds of millions of consumers have been fooled by the quack science supporting modern pharmaceutical medicine. Read the study details below…

Editor’s Summary:

Everyone feels miserable occasionally. But for some people — those with depression — these sad feelings last for months or years and interfere with daily life. Depression is a serious medical illness caused by imbalances in the brain chemicals that regulate mood. It affects one in six people at some time during their life, making them feel hopeless, worthless, unmotivated, even suicidal. Doctors measure the severity of depression using the “Hamilton Rating Scale of Depression” (HRSD), a 17–21 item questionnaire. The answers to each question are given a score and a total score for the questionnaire of more than 18 indicates severe depression. Mild depression is often treated with psychotherapy or talk therapy (for example, cognitive–behavioral therapy helps people to change negative ways of thinking and behaving). For more severe depression, current treatment is usually a combination of psychotherapy and an antidepressant drug, which is hypothesized to normalize the brain chemicals that affect mood. Antidepressants include “tricyclics,” “monoamine oxidases,” and “selective serotonin reuptake inhibitors” (SSRIs). SSRIs are the newest antidepressants and include fluoxetine, venlafaxine, nefazodone, and paroxetine.

Why Was This Study Done?

Although the US Food and Drug Administration (FDA), the UK National Institute for Health and Clinical Excellence (NICE), and other licensing authorities have approved SSRIs for the treatment of depression, some doubts remain about their clinical efficacy. Before an antidepressant is approved for use in patients, it must undergo clinical trials that compare its ability to improve the HRSD scores of patients with that of a placebo, a dummy tablet that contains no drug. Each individual trial provides some information about the new drug’s effectiveness but additional information can be gained by combining the results of all the trials in a “meta-analysis,” a statistical method for combining the results of many studies. A previously published meta-analysis of the published and unpublished trials on SSRIs submitted to the FDA during licensing has indicated that these drugs have only a marginal clinical benefit. On average, the SSRIs improved the HRSD score of patients by 1.8 points more than the placebo, whereas NICE has defined a significant clinical benefit for antidepressants as a drug–placebo difference in the improvement of the HRSD score of 3 points. However, average improvement scores may obscure beneficial effects between different groups of patient, so in the meta-analysis in this paper, the researchers investigated whether the baseline severity of depression affects antidepressant efficacy.

What Did the Researchers Do and Find?

The researchers obtained data on all the clinical trials submitted to the FDA for the licensing of fluoxetine, venlafaxine, nefazodone, and paroxetine. They then used meta-analytic techniques to investigate whether the initial severity of depression affected the HRSD improvement scores for the drug and placebo groups in these trials. They confirmed first that the overall effect of these new generation of antidepressants was below the recommended criteria for clinical significance. Then they showed that there was virtually no difference in the improvement scores for drug and placebo in patients with moderate depression and only a small and clinically insignificant difference among patients with very severe depression. The difference in improvement between the antidepressant and placebo reached clinical significance, however, in patients with initial HRSD scores of more than 28 — that is, in the most severely depressed patients. Additional analyses indicated that the apparent clinical effectiveness of the antidepressants among these most severely depressed patients reflected a decreased responsiveness to placebo rather than an increased responsiveness to antidepressants.

What Do These Findings Mean?

These findings suggest that, compared with placebo, the new-generation antidepressants do not produce clinically significant improvements in depression in patients who initially have moderate or even very severe depression, but show significant effects only in the most severely depressed patients. The findings also show that the effect for these patients seems to be due to decreased responsiveness to placebo, rather than increased responsiveness to medication. Given these results, the researchers conclude that there is little reason to prescribe new-generation antidepressant medications to any but the most severely depressed patients unless alternative treatments have been ineffective. In addition, the finding that extremely depressed patients are less responsive to placebo than less severely depressed patients but have similar responses to antidepressants is a potentially important insight into how patients with depression respond to antidepressants and placebos that should be investigated further.

[Here is the abstract from the study]

Initial Severity and Antidepressant Benefits: A Meta-Analysis of Data Submitted to the Food and Drug Administration

Irving Kirsch, Brett J. Deacon, Tania B. Huedo-Medina, Alan Scoboria, Thomas J. Moore, Blair T. Johnson

Background

Meta-analyses of antidepressant medications have reported only modest benefits over placebo treatment, and when unpublished trial data are included, the benefit falls below accepted criteria for clinical significance. Yet, the efficacy of the antidepressants may also depend on the severity of initial depression scores. The purpose of this analysis is to establish the relation of baseline severity and antidepressant efficacy using a relevant dataset of published and unpublished clinical trials.

Methods and Findings

We obtained data on all clinical trials submitted to the US Food and Drug Administration (FDA) for the licensing of the four new-generation antidepressants for which full datasets were available. We then used meta-analytic techniques to assess linear and quadratic effects of initial severity on improvement scores for drug and placebo groups and on drug–placebo difference scores. Drug–placebo differences increased as a function of initial severity, rising from virtually no difference at moderate levels of initial depression to a relatively small difference for patients with very severe depression, reaching conventional criteria for clinical significance only for patients at the upper end of the very severely depressed category. Meta-regression analyses indicated that the relation of baseline severity and improvement was curvilinear in drug groups and showed a strong, negative linear component in placebo groups.

Conclusions

Drug–placebo differences in antidepressant efficacy increase as a function of baseline severity, but are relatively small even for severely depressed patients. The relationship between initial severity and antidepressant efficacy is attributable to decreased responsiveness to placebo among very severely depressed patients, rather than to increased responsiveness to medication.

Source: PLoS Medicine: http://medicine.plosjournals.org/perlse…

(source)

Naturopath Bill in Colorado and Why I oppose it.

February 5, 2008 Uncategorized | Comments (3) Tyler @ 1:21 pm

I am posting the whole bill for those who desire to look into the bill. I am going to highlight come areas of concern to me and ask that you ask your self if this sounds like a Natural Health Doctor or not. I would love to hear your insights…

I do believe that this bill is close to complete, but lacks simple additions. It does not include Clayton College which is an online school, by the guidleline that are built in. There are other parts I don’t agree with or the language is unclear.

Tyler

A BILL FOR AN ACT

CONCERNING THE REGULATION OF NATUROPATHIC DOCTORS. 101

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Requires licensure of naturopathic doctors. Specifies the scope of practice, prohibited practices, and exemptions. Gives the director of the division of registrations within the department of regulatory agencies (director) rule-making authority. Creates a naturopathic formulary council (council) to recommend to the director a formulary for use by naturopathic doctors. Creates an advisory committee (committee).

Specifies the composition and appointing authorities for the committee and the council. Establishes licensing standards, including licensure by endorsement. Requires record-keeping and specific disclosures to the

HOUSE SPONSORSHIP

Labuda, Curry, and McGihon

SENATE SPONSORSHIP

Williams, Gordon, and Romer

Repeals the naturopath law in 2012, subject to sunset review.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. Title 12, Colorado Revised Statutes, is amended BY

THE ADDITION OF A NEW ARTICLE to read:

ARTICLE 37.3

Naturopathic Medicine

12-37.3-101. Definitions. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES: (1) “APPROVED NATUROPATHIC MEDICAL PROGRAM” MEANS:

(a) A NATUROPATHIC MEDICAL EDUCATION PROGRAM IN THE UNITED STATES PROVIDING THE DEGREE OF DOCTOR OF NATUROPATHY OR DOCTOR OF NATUROPATHIC MEDICINE. SUCH PROGRAM SHALL OFFER GRADUATE-LEVEL, FULL-TIME, DIDACTIC, AND SUPERVISED CLINICAL TRAINING AND SHALL BE ACCREDITED, OR HAVE ACHIEVED CANDIDACY STATUS FOR ACCREDITATION, BY THE COUNCIL ON NATUROPATHIC MEDICAL EDUCATION, ITS SUCCESSOR, OR AN EQUIVALENT FEDERALLY RECOGNIZED ACCREDITING BODY FOR NATUROPATHIC MEDICAL PROGRAMS. ADDITIONALLY, THE PROGRAM SHALL BE AN INSTITUTION, OR PART OF AN INSTITUTION, OF HIGHER EDUCATION THAT IS EITHER ACCREDITED OR IS A CANDIDATE FOR ACCREDITATION BY A REGIONAL OR NATIONAL INSTITUTIONAL ACCREDITING AGENCY RECOGNIZED BY THE UNITED STATES SECRETARY OF EDUCATION.

(b) A DEGREE-GRANTING COLLEGE OR UNIVERSITY THAT, PRIOR TO THE EXISTENCE OF THE COUNCIL ON NATUROPATHIC MEDICAL EDUCATION, OFFERED A FULL-TIME, STRUCTURED CURRICULUM IN BASIC SCIENCES AND SUPERVISED PATIENT CARE COMPRISING A DOCTORAL NATUROPATHIC MEDICAL EDUCATION. SUCH COURSE, AS A PREREQUISITE TO GRADUATION, SHALL HAVE BEEN NOT LESS THAN ONE HUNDRED THIRTY-TWO WEEKS IN DURATION AND SHALL HAVE REQUIRED COMPLETION WITHIN A PERIOD OF NOT LESS THAN THIRTY-FIVE MONTHS.

(c) A DIPLOMA-GRANTING, DEGREE-EQUIVALENT COLLEGE OR UNIVERSITY THAT, IF IN CANADA AND PRIOR TO ACCREDITATION BY THE COUNCIL ON NATUROPATHIC MEDICAL EDUCATION, HAD PROVINCIAL APPROVAL FOR PARTICIPATION IN GOVERNMENT-FUNDED STUDENT AID PROGRAMS AND OFFERED A FULL-TIME, STRUCTURED CURRICULUM IN BASIC SCIENCES AND SUPERVISED PATIENT CARE COMPRISING A DOCTORAL NATUROPATHIC MEDICAL EDUCATION. SUCH COURSE, AS A PREREQUISITE TO GRADUATION, SHALL HAVE BEEN NOT LESS THAN ONE HUNDRED THIRTY-TWO WEEKS IN DURATION AND SHALL HAVE REQUIRED COMPLETION WITHIN A PERIOD OF NOT LESS THAN THIRTY-FIVE MONTHS.

(d) A DIPLOMA-GRANTING, DEGREE-EQUIVALENT COLLEGE OR ANADA THAT OFFERS GRADUATE-LEVEL, FULL-TIME, DIDACTIC, AND SUPERVISED CLINICAL TRAINING AND THAT IS ACCREDITED, OR HAS ACHIEVED CANDIDACY STATUS FOR ACCREDITATION, BY THE COUNCIL ON NATUROPATHIC MEDICAL EDUCATION, A SUCCESSOR, OR AN EQUIVALENT FEDERALLY RECOGNIZED ACCREDITING BODY FOR NATUROPATHIC MEDICAL PROGRAMS. ADDITIONALLY, THIS COLLEGE OR UNIVERSITY SHALL HAVE PROVINCIAL APPROVAL FOR PARTICIPATION IN GOVERNMENT-FUNDED STUDENT AID PROGRAMS.

(2) “COMMITTEE” MEANS THE ADVISORY COMMITTEE OF NATUROPATHIC MEDICINE CREATED IN SECTION 12-37.3-107. (3) “C

OMMON DIAGNOSTIC PROCEDURES” MEANS COMMONLY USED DIAGNOSTIC MODALITIES CONSISTENT WITH NATUROPATHIC PRACTICE; HEALTH HISTORY-TAKING; PHYSICAL EXAMINATION; RADIOGRAPHY; LABORATORY MEDICINE; AND OBTAINING SAMPLES OF HUMAN TISSUES, BUT EXCLUDING INCISION OR EXCISION BEYOND THAT WHICH IS AUTHORIZED AS A MINOR OFFICE PROCEDURE.

(4) “DEPARTMENT” MEANS THE DEPARTMENT OF REGULATORY AGENCIES.

(5) “DIRECTOR” MEANS THE DIRECTOR OF THE DIVISION.

(6) “DIVISION” MEANS THE DIVISION OF REGISTRATIONS IN THE DEPARTMENT.

(7) “LABORATORY MEDICINE” MEANS, AS SPECIFIED IN 42 CFR PART 493: (a) O

RDERING, BUT NOT PERFORMING OR INTERPRETING, ANY MODERATE- OR HIGH-COMPLEXITY TESTS; AND

(b) PERFORMING OR INTERPRETING WAIVED TESTING AFTER FIRST OBTAINING A CERTIFICATE OF WAIVER. (8) “M

INOR OFFICE PROCEDURES” MEANS:

(a) CARE AND PROCEDURES INCIDENT THERETO OF SUPERFICIAL LACERATIONS, LESIONS, AND ABRASIONS AND THE REMOVAL OF FOREIGN BODIES LOCATED IN SUPERFICIAL STRUCTURES, NOT INCLUDING THE EYE;

(b) THE USE OF ANTISEPTICS AND TOPICAL OR LOCAL ANESTHETICS IN CONNECTION THEREWITH; AND 21

(c) INTRAMUSCULAR, INTRAVENOUS, SUBCUTANEOUS, AND INTRADERMAL INJECTIONS OF SUBSTANCES CONSISTENT WITH THE PRACTICE OF NATUROPATHIC MEDICINE AND IN ACCORDANCE WITH RULES ESTABLISHED BY THE DIRECTOR. (9) “N

ATUROPATHIC DOCTOR“, AND ALL DESIGNATIONS LISTED IN SECTION 12-37.3-102, MEANS A PERSON WHO IS REQUIRED TO BE LICENSED PURSUANT TO THIS ARTICLE AS A PRACTITIONER OF NATUROPATHIC MEDICINE.

(10) “NATUROPATHIC FORMULARY” MEANS THE LIST OF MEDICINES, BOTH NONPRESCRIPTION AND PRESCRIPTION, THAT NATUROPATHIC DOCTORS USE IN THE PRACTICE OF THEIR PROFESSION, AS RECOMMENDED BY THE NATUROPATHIC FORMULARY COUNCIL AND PROMULGATED BY THE DIRECTOR. (11) “N

ATUROPATHIC FORMULARY COUNCIL” MEANS THE COUNCIL CREATED IN SECTION 12-37.3-109.

(12) “NATUROPATHIC MEDICINE” MEANS A SYSTEM OF PRIMARY HEALTH CARE FOR THE PREVENTION, DIAGNOSIS, AND TREATMENT OF HUMAN HEALTH CONDITIONS, INJURY, AND DISEASE; THE PROMOTION OR RESTORATION OF HEALTH; AND THE SUPPORT AND STIMULATION OF A PATIENT‘S INHERENT SELF-HEALING PROCESSES THROUGH PATIENT EDUCATION AND THE USE OF NATUROPATHIC THERAPIES AND THERAPEUTIC SUBSTANCES. (13) “N

ATUROPATHIC PHYSICAL MODALITIES” MEANS LIFESTYLE COUNSELING AND THE USE OF ULTRASOUND, ELECTRICAL STIMULATION, AND THE PHYSICAL FORCES OF HEAT, COLD WATER, TOUCH, AND LIGHT.

(14) “PRESCRIPTION DRUG” MEANS ANY DRUG DEFINED BY THE “FEDERAL FOOD, DRUG, AND COSMETIC ACT“, 21 U.S.C. SEC. 353 (b), AS AMENDED, IF ITS LABEL IS REQUIRED TO BEAR THE STATEMENT “RX 22ONLY“.

(15) “RADIOGRAPHY” MEANS THE ORDERING, BUT NOT THE INTERPRETATION, OF RADIOGRAPHIC DIAGNOSTIC AND OTHER IMAGING STUDIES AND THE TAKING AND INTERPRETATION OF STANDARD RADIOGRAPHS.

12-37.3-102. Title and designation.

(1) A PERSON REPRESENTS 1 HIMSELF OR HERSELF AS A PRACTITIONER OF NATUROPATHIC MEDICINE WHEN HE OR SHE USES OR ADOPTS ANY OF THE FOLLOWING DESIGNATIONS: “DOCTOR OF NATUROPATHIC MEDICINE“, “NATUROPATHIC DOCTOR“, OR “DOCTOR OF NATUROPATHY“. NATUROPATHIC DOCTORS SHALL USE THE TITLE “NATUROPATHIC DOCTOR” AND THE RECOGNIZED ABBREVIATION “N.D.” NATUROPATHIC DOCTORS SHALL HAVE THE EXCLUSIVE RIGHT TO USE THE TITLES “NATUROPATHIC DOCTOR“, “NATUROPATH“, “DOCTOR OF NATUROPATHIC MEDICINE“, AND “DOCTOR OF NATUROPATHY“. THE ABBREVIATIONS “ND” AND “N.D.” DESIGNATE A PERSON LICENSED UNDER THIS ARTICLE AS A NATUROPATHIC DOCTOR; EXCEPT THAT NOTHING IN THIS ARTICLE SHALL PRECLUDE A PERSON HOLDING A NURSING DOCTORATE DEGREE FROM USING THE INITIALS “ND” OR “N.D.” TO DESIGNATE SUCH NURSING DOCTORATE DEGREE. PERSONS LICENSED UNDER THIS ARTICLE SHALL NOT USE THE ABBREVIATIONS “NMD” OR “N.M.D.” OR THE TERM “NATUROPATHIC MEDICAL DOCTOR“.

(2) ON AND AFTER JULY 1, 2008, NO PERSON SHALL REPRESENT HIMSELF OR HERSELF TO THE PUBLIC AS A NATUROPATHIC DOCTOR, A DOCTOR OF NATUROPATHIC MEDICINE, OR A DOCTOR OF NATUROPATHY, OR AS BEING OTHERWISE AUTHORIZED TO PRACTICE NATUROPATHIC MEDICINE IN COLORADO, WITHOUT FIRST OBTAINING FROM THE DIRECTOR A LICENSE TO PRACTICE NATUROPATHIC MEDICINE PURSUANT TO THIS ARTICLE.

(3) THE TITLES AND ABBREVIATIONS IN THIS SECTION IDENTIFY NATUROPATHIC DOCTORS AND ARE RESTRICTED TO DESCRIBING AND IDENTIFYING LICENSED PRACTITIONERS.

12-37.3-103. Requirements for licensure – reciprocity – renewal – reinstatement – fee.

(1) EVERY APPLICANT FOR A LICENSE TO PRACTICE NATUROPATHIC MEDICINE SHALL HAVE:

(a) SUCCESSFULLY COMPLETED AN APPROVED NATUROPATHIC MEDICAL PROGRAM;

(b) (I) PASSED A COMPETENCY EXAMINATION ADMINISTERED BY A NATIONAL CERTIFYING AGENCY THAT HAS BEEN APPROVED BY THE DIRECTOR AFTER CONSULTATION WITH THE COMMITTEE AND PROVIDED EVIDENCE OF CURRENT CERTIFICATION BY THE AGENCY; OR

(II) P</FONT>ASSED A COMPETENCY EXAMINATION DEVELOPED AND ADMINISTERED BY THE DIRECTOR AFTER CONSULTATION WITH THE COMMITTEE;

(d) PAID A FEE IN AN AMOUNT DETERMINED BY THE DIRECTOR.

(2) WHEN AN APPLICANT HAS FULFILLED THE REQUIREMENTS OF SUBSECTION (1) OF THIS SECTION, THE DIRECTOR SHALL ISSUE A LICENSE TO THE APPLICANT UNLESS THE DIRECTOR DETERMINES THAT THE APPLICANT HAS COMMITTED ANY ACT THAT WOULD BE GROUNDS FOR DISCIPLINARY ACTION UNDER SECTION 12-37.3-110. (3) (a) T

HE DIRECTOR SHALL ISSUE A LICENSE TO PRACTICE NATUROPATHIC MEDICINE TO AN APPLICANT WHO OTHERWISE MEETS THE QUALIFICATIONS OF THIS ARTICLE AND WHO SUBMITS SATISFACTORY PROOF AND CERTIFIES UNDER PENALTY OF PERJURY THAT THE APPLICANT CURRENTLY POSSESSES AN UNRESTRICTED CERTIFICATE OR LICENSE IN GOOD STANDING TO PRACTICE NATUROPATHIC MEDICINE UNDER THE LAWS OF ANOTHER STATE OR TERRITORY OF THE UNITED STATES OR A FOREIGN COUNTRY IF:

(I) THE DIRECTOR DETERMINES THAT THE QUALIFICATIONS FOR LICENSURE OR CERTIFICATION IN THE OTHER STATE, TERRITORY, OR FOREIGN COUNTRY ARE SUBSTANTIALLY EQUIVALENT TO THE LICENSURE REQUIREMENTS IN THIS ARTICLE; AND

(II) THE APPLICANT HAS NOT BEEN SUBJECT TO A DISCIPLINARY ACTION WITH REGARD TO THE APPLICANT‘S NATUROPATHIC MEDICINE CERTIFICATE OR LICENSE ISSUED BY THE OTHER STATE, TERRITORY, OR FOREIGN COUNTRY.

(b) THE DIRECTOR MAY DENY A LICENSE IF THE APPLICANT HAS COMMITTED ANY ACT THAT WOULD BE GROUNDS FOR DISCIPLINARY ACTION UNDER SECTION 12-37.3-110. (4) (a) A

NATUROPATHIC DOCTOR SHALL BE REQUIRED TO RENEW A LICENSE ISSUED UNDER THIS ARTICLE ACCORDING TO A SCHEDULE OF RENEWAL DATES ESTABLISHED BY THE DIRECTOR. THE APPLICANT FOR RENEWAL SHALL SUBMIT AN APPLICATION IN THE FORM AND MANNER DESIGNATED BY THE DIRECTOR AND SHALL PAY A RENEWAL FEE IN AN AMOUNT DETERMINED BY THE DIRECTOR.

(b) LICENSES SHALL BE RENEWED OR REINSTATED IN ACCORDANCE WITH THE SCHEDULE ESTABLISHED BY THE DIRECTOR, AND SUCH RENEWAL OR REINSTATEMENT SHALL BE GRANTED PURSUANT TO SECTION 24-34-102

(8), C.R.S. THE DIRECTOR MAY ESTABLISH RENEWAL FEES AND DELINQUENCY FEES FOR REINSTATEMENT PURSUANT TO SECTION 24-34-105, C.R.S. IF A PERSON FAILS TO RENEW HIS OR HER LICENSE PURSUANT TO THE SCHEDULE ESTABLISHED BY THE DIRECTOR, THE LICENSE SHALL EXPIRE. ANY PERSON WHOSE LICENSE HAS EXPIRED AND WHO CONTINUES TO PRACTICE NATUROPATHIC MEDICINE SHALL BE SUBJECT TO THE PENALTIES PROVIDED IN THIS ARTICLE OR SECTION 24-34-102 (8), C.R.S.

(5) ALL FEES COLLECTED UNDER THIS ARTICLE SHALL BE DETERMINED, COLLECTED, AND APPROPRIATED IN THE SAME MANNER AS SET FORTH IN SECTION 24-34-105, C.R.S., AND PERIODICALLY ADJUSTED IN ACCORDANCE WITH SECTION 24-75-402, C.R.S.

(6) A PERSON WHO PRACTICES OR OFFERS OR ATTEMPTS TO PRACTICE NATUROPATHIC MEDICINE WITHOUT AN ACTIVE LICENSE ISSUED UNDER THIS ARTICLE COMMITS A CLASS 2 MISDEMEANOR AND SHALL BE PUNISHED AS PROVIDED IN SECTION 18-1.3-501, C.R.S., FOR THE FIRST OFFENSE, AND FOR THE SECOND OR ANY SUBSEQUENT OFFENSE, THE PERSON COMMITS A CLASS 6 FELONY AND SHALL BE PUNISHED AS PROVIDED IN SECTION 18-1.3-401, C.R.S.

12-37.3-104. Scope of practice.

(1) A NATUROPATHIC DOCTOR MAY ORDER OR PERFORM COMMON DIAGNOSTIC PROCEDURES, MINOR OFFICE PROCEDURES, AND RADIOGRAPHY. A NATUROPATHIC DOCTOR MAY ALSO PERFORM PHYSICAL EXAMINATIONS.

(2) A NATUROPATHIC DOCTOR SHALL REFER ALL DIAGNOSTIC TESTS, OTHER THAN THOSE SPECIFIED IN SUBSECTION (1) OF THIS SECTION, FOR PERFORMANCE AND INTERPRETATION TO A LABORATORY CERTIFIED TO PERFORM MODERATE- AND HIGH-COMPLEXITY TESTING AS SPECIFIED IN 42 CFR PART 493.

(3) A NATUROPATHIC DOCTOR MAY DISPENSE, ADMINISTER, ORDER, AND PRESCRIBE OR PERFORM THE FOLLOWING:

(a) FOOD, EXTRACTS OF FOOD, NUTRACEUTICALS, VITAMINS, AMINO ACIDS, MINERALS, ENZYMES, BOTANICALS AND THEIR EXTRACTS, HOMEOPATHIC MEDICINES, ALL DIETARY SUPPLEMENTS, AND DRUGS THAT ARE NOT PRESCRIPTION DRUGS AS DEFINED BY THE “FEDERAL FOOD, DRUG, AND COSMETIC ACT“, 21 U.S.C. SEC. 353 (b), AS AMENDED;

(b) PRESCRIPTION SUBSTANCES AS DETERMINED BY THE DIRECTOR;

(c) DEVICES, INCLUDING, BUT NOT LIMITED TO, THERAPEUTIC DEVICES, BARRIER CONTRACEPTION, (Can’t you buy these at the store?) AND DURABLE MEDICAL EQUIPMENT;

(d) HEALTH EDUCATION AND HEALTH COUNSELING;

(e) REPAIR AND CARE INCIDENTAL TO SUPERFICIAL LACERATIONS AND ABRASIONS; (like in first-aid?)(f) R

EMOVAL OF FOREIGN BODIES LOCATED IN THE SUPERFICIAL STRUCTURES, NOT INCLUDING THE EYE; AND (Like a splinter?)

(g) NATUROPATHIC PHYSICAL MODALITIES.

(4) A NATUROPATHIC DOCTOR MAY UTILIZE ROUTES OF ADMINISTRATION, INCLUDING ORAL, NASAL, AURICULAR, OCULAR, RECTAL, VAGINAL, TRANSDERMAL, INTRADERMAL, SUBCUTANEOUS, INTRAVENOUS, AND INTRAMUSCULAR, CONSISTENT WITH THE EDUCATION AND TRAINING OF A NATUROPATHIC DOCTOR.

12-37.3-105. Prohibitions.

(1) A NATUROPATHIC DOCTOR SHALL 1NOT:

(a) PRESCRIBE, DISPENSE, OR ADMINISTER ANY CONTROLLED SUBSTANCE OR DEVICE IDENTIFIED IN THE FEDERAL CONTROLLED SUBSTANCES ACT“, 21 U.S.C. SEC. 801 ET SEQ., AS AMENDED, EXCEPT AS AUTHORIZED BY THIS ARTICLE;

(b) PERFORM SURGICAL PROCEDURES, INCLUDING PROCEDURES USING A LASER DEVICE OR PROCEDURES INVOLVING THE EYE, EAR, TENDONS, NERVES, VEINS, OR ARTERIES EXTENDING BEYOND SUPERFICIAL TISSUE, EXCEPT THOSE MINOR OFFICE PROCEDURES AUTHORIZED BY THIS ARTICLE;

(c) PRACTICE OR CLAIM TO PRACTICE AS A PHYSICIAN, MEDICAL DOCTOR, OSTEOPATH, DENTIST, PODIATRIST, OPTOMETRIST, PSYCHOLOGIST, ADVANCED PRACTICE NURSE, PHYSICIAN ASSISTANT, CHIROPRACTOR, PHYSICAL THERAPIST, ACUPUNCTURIST, OR ANY OTHER HEALTH CARE PROFESSIONAL NOT AUTHORIZED IN THIS TITLE UNLESS LICENSED BY THE STATE AS SUCH;

(d) USE ANESTHESIA OTHER THAN TOPICAL OR LOCAL ANESTHETICS; (e) A

DMINISTER IONIZING RADIOACTIVE SUBSTANCES FOR THERAPEUTIC PURPOSES;

(f) PERFORM CHIROPRACTIC ADJUSTMENTS AS DEFINED IN SECTION 12-33-102, MANIPULATION AS REFERENCED IN SECTION 12-33-102, OR PHYSICAL THERAPY AS DEFINED IN SECTION 12-41-103, INCLUDING JOINT MOBILIZATION;

(g) PRACTICE OBSTETRICS; OR

(h) RECOMMEND THE DISCONTINUATION OF A COURSE OF CARE, INCLUDING DISCONTINUATION OF A PRESCRIPTION DRUG, THAT WAS RECOMMENDED BY ANOTHER HEALTH CARE PRACTITIONER REQUIRED TO BE LICENSED PURSUANT TO THIS TITLE WITHOUT NOTIFYING SUCH OTHER PRACTITIONER.

12-37.3-106. Exemptions.

(1) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO PROHIBIT OR RESTRICT:

(a) THE PRACTICE OF A PROFESSION BY INDIVIDUALS WHO ARE LICENSED, CERTIFIED, OR REGISTERED UNDER OTHER LAWS OF THIS STATE AND WHO ARE PERFORMING SERVICES WITHIN THEIR AUTHORIZED SCOPE OF PRACTICE;

(b) THE PRACTICE OF NATUROPATHIC MEDICINE BY AN INDIVIDUAL EMPLOYED BY THE UNITED STATES GOVERNMENT WHILE THE INDIVIDUAL IS ENGAGED IN THE PERFORMANCE OF DUTIES PRESCRIBED BY THE LAWS AND REGULATIONS OF THE UNITED STATES; (c) T

HE PRACTICE OF NATUROPATHIC MEDICINE BY STUDENTS ENROLLED IN AN APPROVED NATUROPATHIC MEDICAL PROGRAM. THE PERFORMANCE OF SERVICES SHALL BE PURSUANT TO A COURSE OF INSTRUCTION OR ASSIGNMENTS FROM AN INSTRUCTOR AND UNDER THE SUPERVISION OF THE INSTRUCTOR. THE INSTRUCTOR SHALL BE A NATUROPATHIC DOCTOR LICENSED PURSUANT TO THIS ARTICLE OR A DULY LICENSED OR CERTIFIED PROFESSIONAL IN THE INSTRUCTED FIELD.

(d) ANYONE FROM TREATING HIMSELF OR HERSELF OR THE PERSON‘S FAMILY BASED ON RELIGIOUS OR HEALTH BELIEFS; (e) A

NYONE WHO SELLS VITAMINS AND HERBS FROM PROVIDING INFORMATION ABOUT SUCH PRODUCTS;

(f) ANY PERSON OR PRACTITIONER FROM RECOMMENDING ANY THERAPY THAT IS WITHIN THE SCOPE OF PRACTICE OF NATUROPATHIC DOCTORS AS SPECIFIED IN THIS ARTICLE IF SUCH THERAPY DOES NOT OTHERWISE REQUIRE A LICENSE, CERTIFICATE, OR REGISTRATION OR, IF A LICENSED HEALTH CARE PROVIDER, WITHIN THAT PROVIDER‘S LEGALLY DEFINED SCOPE OF PRACTICE, INCLUDING, BUT NOT LIMITED TO, HERBAL MEDICINE, HOMEOPATHY, NUTRITION, OR OTHER THERAPY;

(g) A PERSON OR PRACTITIONER FROM USING, GIVING, PROVIDING, SELLING, OR ADVISING IN THE USE OF A PRODUCT THAT IS WITHIN THE SCOPE OF THE PRACTICE OF NATUROPATHY AS SPECIFIED IN THIS ARTICLE IF SUCH PERSON IS NOT USING A TITLE PROTECTED PURSUANT TO THIS ARTICLE OR HOLDING HIMSELF OR HERSELF OUT TO BE A NATUROPATHIC DOCTOR, INCLUDING, BUT NOT LIMITED TO, GENERAL NUTRITIONAL INFORMATION OR OTHER NONMEDICAL THERAPEUTICS, DIETARY SUPPLEMENTS, OR HOMEOPATHIC REMEDIES; OR

(h) THE PRACTICE OF NATUROPATHIC MEDICINE BY A PERSON WHO IS LICENSED OR CERTIFIED TO PRACTICE IN ANY OTHER STATE OR DISTRICT IN THE UNITED STATES AS A NATUROPATHIC DOCTOR AND WHO ENTERS THIS STATE ON AN OCCASIONAL BASIS TO CONSULT WITH A NATUROPATHIC DOCTOR OF THIS STATE; EXCEPT THAT THE CONSULTATION SHALL BE LIMITED TO EXAMINATION, RECOMMENDATION, OR TESTIMONY IN LITIGATION.

12-37.3-107. Advisory committee of naturopathic medicine.

THE DIRECTOR SHALL APPOINT AN ADVISORY COMMITTEE OF NATUROPATHIC MEDICINE TO MAKE RECOMMENDATIONS CONCERNING NATUROPATHIC MEDICINE, WHICH COMMITTEE SHALL SERVE AT THE REQUEST AND PLEASURE OF THE DIRECTOR. THE MAJORITY OF THE MEMBERS OF THE ADVISORY COMMITTEE SHALL BE NATUROPATHIC DOCTORS. THE DIRECTOR MAY APPOINT TO THE COMMITTEE REPRESENTATIVES OF THE PUBLIC WHO HAVE NO PECUNIARY INTEREST IN THE PRACTICE OF NATUROPATHIC MEDICINE. MEMBERS OF THE COMMITTEE SHALL RECEIVE NO COMPENSATION BUT SHALL BE REIMBURSED FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES UNDER THIS ARTICLE.

12-37.3-108. Powers and duties of the director – rules.

(1) THE DIRECTOR SHALL:

(a) PROMULGATE ALL RULES AND CONDUCT ALL HEARINGS REQUIRED BY THIS ARTICLE;

(b) DESIGNATE THE APPLICATION FORM TO BE USED BY APPLICANTS AND PROCESS ALL APPLICATIONS;

(c) ISSUE LICENSES, AND RENEWALS THEREOF, TO ALL PERSONS WHO MEET THE QUALIFICATIONS FOR LICENSURE AS DESCRIBED IN SECTION 12-37.3-103;

(d) INVESTIGATE COMPLAINTS; (e) D

ETERMINE WHETHER A NATUROPATHIC DOCTOR SHOULD BE THE SUBJECT OF A DISCIPLINARY HEARING;

(f) DESIGNATE AND IMPOSE SANCTIONS AND PENALTIES FOR VIOLATION OF THIS ARTICLE OR THE RULES PROMULGATED PURSUANT TO THIS ARTICLE; AND

(g) PERFORM ANY ADMINISTRATIVE, NONDISCIPLINARY, AND NONRULE-MAKING FUNCTIONS AS PROVIDED BY THIS ARTICLE.

12-37.3-109. Naturopathic formulary council – creation – director – rules.

(1) (a) THERE IS HEREBY ESTABLISHED A NATUROPATHIC FORMULARY COUNCIL, WHICH SHALL CONSIST OF THE DIRECTOR AND SIX MEMBERS APPOINTED BY THE DIRECTOR AS FOLLOWS:

(I) TWO MEMBERS SHALL BE NATUROPATHIC DOCTORS. (II) T

WO MEMBERS SHALL BE PHARMACISTS LICENSED UNDER PART 1 OF ARTICLE 22 OF THIS TITLE.

(III) TWO MEMBERS SHALL BE PHYSICIANS LICENSED UNDER PART 1 OF ARTICLE 36 OF THIS TITLE. (b) M

EMBERS OF THE COUNCIL SHALL SERVE THREE-YEAR TERMS; EXCEPT THAT, OF THE INITIAL APPOINTMENTS, ONE NATUROPATHIC DOCTOR, ONE PHYSICIAN, AND ONE PHARMACIST SHALL SERVE TWO-YEAR TERMS. IF A VACANCY OCCURS, THE DIRECTOR SHALL APPOINT A QUALIFIED REPLACEMENT TO SERVE THE REMAINDER OF THE TERM.

(2) THE NATUROPATHIC FORMULARY COUNCIL SHALL RECOMMEND TO THE DIRECTOR A NATUROPATHIC FORMULARY FOR USE BY NATUROPATHIC DOCTORS. THE DIRECTOR SHALL ADOPT OR REVISE THE NATUROPATHIC FORMULARY BY RULE.

(3) THE NATUROPATHIC FORMULARY COUNCIL SHALL REVIEW THE NATUROPATHIC FORMULARY ANNUALLY OR UPON REQUEST OF THE DIRECTOR.

(4) THE NATUROPATHIC FORMULARY MAY NOT GO BEYOND THE SCOPE OF NATUROPATHIC MEDICINE SET FORTH IN SECTION 12-37.3-104. (5) T

HE NATUROPATHIC FORMULARY SHALL NOT INCLUDE MEDICINES OR DEVICES THAT ARE INCONSISTENT WITH THE TRAINING PROVIDED BY APPROVED NATUROPATHIC MEDICAL PROGRAMS.

(6) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO ALLOW A NATUROPATHIC DOCTOR TO DISPENSE, ADMINISTER, OR PRESCRIBE ANY DRUG OR DEVICE UNLESS SUCH DRUG OR DEVICE IS SPECIFICALLY INCLUDED IN THE NATUROPATHIC FORMULARY. (this is not clear language for me. Can they, or can they not despense pharmacuidical drugs?)

12-37.3-110. Disciplinary actions – definitions.

(1) THE DIRECTOR MAY REVOKE, SUSPEND, DENY, OR REFUSE TO RENEW A LICENSE, PLACE A NATUROPATHIC DOCTOR ON PROBATION, OR ISSUE A CEASE-AND-DESIST ORDER OR LETTER OF ADMONITION TO A NATUROPATHIC DOCTOR OR APPLICANT IN ACCORDANCE WITH THIS SECTION UPON PROOF THAT THE NATUROPATHIC DOCTOR OR APPLICANT:

(a) HAS COMMITTED AN ACT THAT DOES NOT MEET GENERALLY ACCEPTED STANDARDS OF NATUROPATHIC MEDICAL PRACTICE OR HAS FAILED TO PERFORM AN ACT NECESSARY TO MEET GENERALLY ACCEPTED STANDARDS OF NATUROPATHIC MEDICAL PRACTICE;

(b) HAS ENGAGED IN A SEXUAL ACT WITH A PERSON RECEIVING SERVICES WHILE A THERAPEUTIC RELATIONSHIP EXISTED OR DURING THE SIX-MONTH PERIOD IMMEDIATELY FOLLOWING THE TERMINATION OF THE THERAPEUTIC RELATIONSHIP. FOR THE PURPOSES OF THIS PARAGRAPH (b):

(I) “SEXUAL ACT” MEANS SEXUAL CONTACT, SEXUAL INTRUSION, OR SEXUAL PENETRATION, AS SUCH TERMS ARE DEFINED IN SECTION 18-3-401, C.R.S.

(II) “THERAPEUTIC RELATIONSHIP” MEANS THE PERIOD BEGINNING WITH THE INITIAL EVALUATION AND ENDING UPON THE WRITTEN TERMINATION OF TREATMENT. (c) H

AS FAILED TO PROVIDE A REFERRAL TO ANOTHER NATUROPATHIC DOCTOR OR TO OTHER APPROPRIATE HEALTH CARE PRACTITIONERS WHEN PROVIDING THE REFERRAL IS NECESSARY TO MEET GENERALLY ACCEPTED STANDARDS OF NATUROPATHIC MEDICAL PRACTICE;

(d) HAS FAILED TO REFER A PERSON TO AN APPROPRIATE LICENSED HEALTH CARE PROVIDER WHEN THE SERVICES REQUIRED ARE BEYOND THE SCOPE OF PRACTICE OR LEVEL OF COMPETENCE OF THE NATUROPATHIC DOCTOR;

(e) HAS FAILED TO PROVIDE ADEQUATE OR PROPER SUPERVISION TO STUDENT NATUROPATHIC DOCTORS ACTING UNDER THE DIRECTION OF THE NATUROPATHIC DOCTOR;

(f) HAS FAILED TO KEEP APPROPRIATE RECORDS OR HAS FALSIFIED OR MADE INCORRECT ENTRIES OF AN ESSENTIAL NATURE ON SUCH RECORDS; (g) H

AS FALSIFIED INFORMATION IN AN APPLICATION OR HAS ATTEMPTED TO OBTAIN OR HAS OBTAINED A LICENSE BY FRAUD, DECEPTION, OR MISREPRESENTATION;

(h) IS AN EXCESSIVE OR HABITUAL USER OR ABUSER OF ALCOHOL OR HABIT-FORMING DRUGS OR IS A HABITUAL USER OF A CONTROLLED SUBSTANCE, AS DEFINED IN SECTION 18-18-102, C.R.S., OR OTHER DRUGS HAVING SIMILAR EFFECTS; EXCEPT THAT THE DIRECTOR HAS THE DISCRETION NOT TO DISCIPLINE THE NATUROPATHIC DOCTOR IF HE OR SHE IS PARTICIPATING IN GOOD FAITH IN A PROGRAM THAT THE DIRECTOR HAS APPROVED TO END SUCH USE OR ABUSE; (i) H

AS A PHYSICAL OR MENTAL CONDITION OR DISABILITY THAT RENDERS THE NATUROPATHIC DOCTOR UNABLE TO PROVIDE NATUROPATHIC MEDICAL SERVICES WITH REASONABLE SKILL AND SAFETY OR THAT MAY ENDANGER THE HEALTH OR SAFETY OF INDIVIDUALS RECEIVING SERVICES;

(j) HAS FAILED TO NOTIFY THE DIRECTOR, IN WRITING, OF THE ENTRY OF A FINAL JUDGMENT BY A COURT OF COMPETENT JURISDICTION IN FAVOR OF ANY PARTY AND AGAINST THE NATUROPATHIC DOCTOR FOR MALPRACTICE OF NATUROPATHIC MEDICINE OR ANY SETTLEMENT BY THE NATUROPATHIC DOCTOR IN RESPONSE TO CHARGES OR ALLEGATIONS OF MALPRACTICE OF NATUROPATHIC MEDICINE. THE NOTICE SHALL BE GIVEN WITHIN NINETY DAYS AFTER THE ENTRY OF THE JUDGMENT OR SETTLEMENT AND, IN THE CASE OF A JUDGMENT, SHALL CONTAIN THE NAME OF THE COURT, THE CASE NUMBER, AND THE NAMES OF ALL PARTIES TO THE ACTION.

(k) HAS VIOLATED THIS ARTICLE OR AIDED OR ABETTED OR KNOWINGLY PERMITTED ANY PERSON TO VIOLATE THIS ARTICLE, A RULE ADOPTED UNDER THIS ARTICLE, OR ANY LAWFUL ORDER OF THE DIRECTOR;

(l) HAS BEEN DISCIPLINED IN ANY WAY BY A NATIONAL CERTIFYING AGENCY OR BY A REGULATORY AGENCY OF ANOTHER JURISDICTION;

(m) HAS BEEN CONVICTED OF OR PLED GUILTY OR NOLO CONTENDERE TO A FELONY OR ANY CRIME DEFINED IN TITLE 18, C.R.S., THAT RELATES TO THE NATUROPATHIC DOCTOR‘S EMPLOYMENT AS A NATUROPATHIC DOCTOR. A CERTIFIED COPY OF THE JUDGMENT OF A COURT OF COMPETENT JURISDICTION OF THE CONVICTION OR PLEA SHALL BE PRIMA FACIE EVIDENCE OF THE CONVICTION OR PLEA. IN CONSIDERING THE DISCIPLINARY ACTION, THE DIRECTOR SHALL BE GOVERNED BY SECTION 24-5-101, C.R.S.

(n) HAS FRAUDULENTLY OBTAINED, FURNISHED, OR SOLD ANY NATUROPATHIC MEDICAL DIPLOMA, LICENSE, CERTIFICATE, RENEWAL OF A LICENSE OR CERTIFICATE, OR RECORD OR AIDED OR ABETTED SUCH ACT; (o) H

AS ADVERTISED, REPRESENTED, OR HELD HIMSELF OR HERSELF OUT, IN ANY MANNER, AS BEING A NATUROPATHIC DOCTOR OR BEING STATE- OR COLORADO-LICENSED OR HAS PRACTICED NATUROPATHIC MEDICINE UNLESS LICENSED OR EXEMPT UNDER THIS ARTICLE;

(p) HAS PRACTICED NATUROPATHIC MEDICINE DURING THE TIME THE PERSON‘S LICENSE WAS EXPIRED, SUSPENDED, OR REVOKED;

(q) HAS KNOWINGLY EMPLOYED A PERSON AS A NATUROPATHIC DOCTOR WHEN THE PERSON WAS NOT LICENSED UNDER THIS ARTICLE;

(r) HAS PRACTICED NATUROPATHIC MEDICINE WITHOUT A LICENSE;

(s) HAS FAILED TO NOTIFY THE DIRECTOR OF THE SUSPENSION, PROBATION, OR REVOCATION OF THE PERSON‘S PAST OR CURRENTLY HELD LICENSE, CERTIFICATE, OR REGISTRATION REQUIRED TO PRACTICE NATUROPATHIC MEDICINE IN THIS OR ANY OTHER JURISDICTION;

(t) HAS REFUSED TO SUBMIT TO A PHYSICAL OR MENTAL EXAMINATION WHEN SO ORDERED BY THE DIRECTOR;

(u) HAS FAILED TO CONFINE HIS OR HER PRACTICE TO THE TYPES OF NATUROPATHIC MEDICINE FOR WHICH HE OR SHE WAS TRAINED AND EDUCATED; OR

(v) HAS BEEN DISCIPLINED IN ANOTHER STATE, TERRITORY, OR COUNTRY. THIS PARAGRAPH (v) SHALL APPLY ONLY TO DISCIPLINE THAT IS BASED UPON AN ACT OR OMISSION IN SUCH OTHER STATE, TERRITORY, OR COUNTRY THAT IS SUBSTANTIALLY THE SAME AS CONDUCT SPECIFIED IN THIS SUBSECTION (1).

(2) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (1) OF THIS SECTION, THE DIRECTOR NEED NOT FIND THAT THE ACTIONS THAT ARE GROUNDS FOR DISCIPLINE WERE WILLFUL BUT MAY CONSIDER WHETHER SUCH ACTIONS WERE WILLFUL WHEN DETERMINING THE NATURE OF DISCIPLINARY SANCTIONS TO BE IMPOSED.(3) T

HE DIRECTOR MAY COMMENCE A PROCEEDING TO DISCIPLINE A NATUROPATHIC DOCTOR WHEN THE DIRECTOR HAS REASONABLE GROUNDS TO BELIEVE THAT THE NATUROPATHIC DOCTOR HAS COMMITTED AN ACT ENUMERATED IN THIS SECTION.

(4) DISCIPLINARY PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH ARTICLE 4 OF TITLE 24, C.R.S., AND THE HEARING AND OPPORTUNITY FOR REVIEW SHALL BE CONDUCTED PURSUANT TO THAT ARTICLE BY THE DIRECTOR OR BY AN ADMINISTRATIVE LAW JUDGE, AT THE DIRECTOR‘S DISCRETION. THE DIRECTOR HAS THE AUTHORITY TO EXERCISE ALL POWERS AND DUTIES CONFERRED BY THIS ARTICLE DURING THE DISCIPLINARY PROCEEDINGS.

(5) (a) THE DIRECTOR MAY REQUEST THE ATTORNEY GENERAL TO SEEK AN INJUNCTION, IN ANY COURT OF COMPETENT JURISDICTION, TO ENJOIN A PERSON FROM COMMITTING AN ACT PROHIBITED BY THIS ARTICLE. WHEN SEEKING AN INJUNCTION UNDER THIS PARAGRAPH (a), THE ATTORNEY GENERAL SHALL NOT BE REQUIRED TO ALLEGE OR PROVE THE INADEQUACY OF ANY REMEDY AT LAW OR THAT SUBSTANTIAL OR IRREPARABLE DAMAGE IS LIKELY TO RESULT FROM A CONTINUED VIOLATION OF THIS ARTICLE.

(b) (I) IN ACCORDANCE WITH ARTICLE 4 OF TITLE 24, C.R.S., AND THIS ARTICLE, THE DIRECTOR IS AUTHORIZED TO INVESTIGATE, HOLD HEARINGS, AND GATHER EVIDENCE IN ALL MATTERS RELATED TO THE EXERCISE AND PERFORMANCE OF THE POWERS AND DUTIES OF THE DIRECTOR.

(II) IN ORDER TO AID THE DIRECTOR IN ANY HEARING OR INVESTIGATION INSTITUTED PURSUANT TO THIS SECTION, THE DIRECTOR OR AN ADMINISTRATIVE LAW JUDGE APPOINTED PURSUANT TO PARAGRAPH (c) OF THIS SUBSECTION (5) IS AUTHORIZED TO ADMINISTER OATHS, TAKE AFFIRMATIONS OF WITNESSES, AND ISSUE SUBPOENAS COMPELLING THE ATTENDANCE OF WITNESSES AND THE PRODUCTION OF THE ORIGINALS OR COPIES OF ALL RECORDS, PAPERS, BOOKS, DOCUMENTS, AND MATERIALS OF THE NATUROPATHIC DOCTOR OR ANOTHER PERSON CONTAINING INFORMATION RELEVANT TO THE HEARING OR INVESTIGATION.

(III) UPON FAILURE OF ANY WITNESS OR NATUROPATHIC DOCTOR TO COMPLY WITH A SUBPOENA OR PROCESS, THE DISTRICT COURT OF THE COUNTY IN WHICH THE SUBPOENAED PERSON OR NATUROPATHIC DOCTOR RESIDES OR CONDUCTS BUSINESS, UPON APPLICATION BY THE DIRECTOR WITH NOTICE TO THE SUBPOENAED PERSON OR NATUROPATHIC DOCTOR, MAY ISSUE TO THE PERSON OR NATUROPATHIC DOCTOR AN ORDER REQUIRING THAT PERSON OR NATUROPATHIC DOCTOR TO APPEAR BEFORE THE DIRECTOR; TO PRODUCE THE RELEVANT PAPERS, BOOKS, RECORDS, DOCUMENTARY EVIDENCE, OR MATERIALS IF SO ORDERED; OR TO GIVE EVIDENCE TOUCHING THE MATTER UNDER INVESTIGATION OR IN QUESTION. IF THE PERSON OR NATUROPATHIC DOCTOR FAILS TO OBEY THE ORDER OF THE COURT, THE PERSON OR NATUROPATHIC DOCTOR MAY BE HELD IN CONTEMPT OF COURT.

(c) THE DIRECTOR MAY APPOINT AN ADMINISTRATIVE LAW JUDGE PURSUANT TO PART 10 OF ARTICLE 30 OF TITLE 24, C.R.S., TO CONDUCT HEARINGS, TAKE EVIDENCE, MAKE FINDINGS, AND REPORT SUCH FINDINGS TO THE DIRECTOR. (6) I

F THE DIRECTOR FINDS THE CHARGES PROVED AND ORDERS THAT DISCIPLINE BE IMPOSED, THE DIRECTOR MAY REQUIRE, AS A CONDITION OF LICENSURE, THAT THE NATUROPATHIC DOCTOR TAKE SUCH THERAPY OR COURSES OF TRAINING OR EDUCATION AS MAY BE NEEDED TO CORRECT ANY DEFICIENCY FOUND AS A CONDITION FOR CONTINUING OR REINSTATING LICENSURE PURSUANT TO THIS ARTICLE. UPON THE FAILURE OF THE NATUROPATHIC DOCTOR TO COMPLY WITH ANY CONDITIONS IMPOSED BY THE DIRECTOR PURSUANT TO THIS SUBSECTION (6), UNLESS DUE TO CONDITIONS BEYOND THE NATUROPATHIC DOCTOR‘S CONTROL, THE DIRECTOR MAY ORDER SUSPENSION OF THE NATUROPATHIC DOCTOR‘S LICENSE UNTIL SUCH TIME AS THE NATUROPATHIC DOCTOR COMPLIES WITH SUCH CONDITIONS.

(7) (a) THE DIRECTOR, THE DIRECTOR‘S STAFF, ANY PERSON ACTING AS A WITNESS OR CONSULTANT TO THE DIRECTOR, ANY WITNESS TESTIFYING IN A PROCEEDING AUTHORIZED UNDER THIS ARTICLE, AND ANY PERSON WHO LODGES A COMPLAINT PURSUANT TO THIS ARTICLE SHALL BE IMMUNE FROM LIABILITY IN ANY CIVIL ACTION BROUGHT AGAINST HIM OR HER FOR ACTS OCCURRING WHILE ACTING IN HIS OR HER CAPACITY AS DIRECTOR, STAFF, CONSULTANT, OR WITNESS, RESPECTIVELY, IF SUCH INDIVIDUAL WAS ACTING IN GOOD FAITH WITHIN THE SCOPE OF HIS OR HER RESPECTIVE CAPACITY, MADE A REASONABLE EFFORT TO OBTAIN THE FACTS OF THE MATTER AS TO WHICH HE OR SHE ACTED, AND ACTED IN THE REASONABLE BELIEF THAT THE ACTION TAKEN BY HIM OR HER WAS WARRANTED BY THE FACTS. (b) A

PERSON PARTICIPATING IN GOOD FAITH IN MAKING A COMPLAINT OR REPORT OR IN AN INVESTIGATIVE OR ADMINISTRATIVE PROCEEDING PURSUANT TO THIS SECTION SHALL BE IMMUNE FROM ANY CIVIL OR CRIMINAL LIABILITY THAT OTHERWISE MIGHT RESULT BY REASON OF THE PARTICIPATION.

(8) A FINAL ACTION OF THE DIRECTOR IS SUBJECT TO JUDICIAL REVIEW BY THE COURT OF APPEALS PURSUANT TO SECTION 24-4-106 (11), C.R.S. A JUDICIAL PROCEEDING TO ENFORCE AN ORDER OF THE DIRECTOR MAY BE INSTITUTED IN ACCORDANCE WITH SECTION 24-4-106, C.R.S.

(9) AN EMPLOYER OF A NATUROPATHIC DOCTOR SHALL REPORT TO THE DIRECTOR ANY DISCIPLINARY ACTION TAKEN AGAINST THE NATUROPATHIC DOCTOR OR THE RESIGNATION OF THE NATUROPATHIC DOCTOR IN LIEU OF DISCIPLINARY ACTION FOR CONDUCT THAT VIOLATES THIS ARTICLE.

(10) (a) WHEN A COMPLAINT OR INVESTIGATION DISCLOSES AN INSTANCE OF MISCONDUCT THAT, IN THE OPINION OF THE DIRECTOR, DOES NOT WARRANT FORMAL ACTION BY THE DIRECTOR BUT THAT SHOULD NOT BE DISMISSED AS BEING WITHOUT MERIT, THE DIRECTOR MAY ISSUE A LETTER OF ADMONITION TO THE NATUROPATHIC DOCTOR BY CERTIFIED MAIL. (b) W

HEN THE DIRECTOR SENDS A LETTER OF ADMONITION TO A NATUROPATHIC DOCTOR, THE NATUROPATHIC DOCTOR SHALL BE ADVISED THAT HE OR SHE HAS THE RIGHT TO REQUEST THAT FORMAL DISCIPLINARY PROCEEDINGS BE INITIATED TO ADJUDICATE THE PROPRIETY OF THE CONDUCT UPON WHICH THE LETTER OF ADMONITION IS BASED. THE NATUROPATHIC DOCTOR SHALL MAKE THE REQUEST IN WRITING WITHIN TWENTY DAYS AFTER RECEIPT OF THE LETTER.

(c) IF THE REQUEST FOR ADJUDICATION IS TIMELY MADE, THE LETTER OF ADMONITION SHALL BE DEEMED VACATED AND THE MATTER SHALL BE PROCESSED BY MEANS OF FORMAL DISCIPLINARY PROCEEDINGS.

(11) WHEN A COMPLAINT OR INVESTIGATION DISCLOSES AN INSTANCE OF CONDUCT THAT DOES NOT WARRANT FORMAL ACTION BY THE DIRECTOR AND, IN THE OPINION OF THE DIRECTOR, THE COMPLAINT SHOULD BE DISMISSED, BUT THE DIRECTOR HAS NOTICED INDICATIONS OF POSSIBLE ERRANT CONDUCT BY THE NATUROPATHIC DOCTOR THAT COULD LEAD TO SERIOUS CONSEQUENCES IF NOT CORRECTED, THE DIRECTOR MAY ISSUE A CONFIDENTIAL LETTER OF CONCERN TO THE NATUROPATHIC DOCTOR. (12) WHEN A COMPLAINT OR AN INVESTIGATION DISCLOSES AN INSTANCE OF MISCONDUCT THAT, IN THE OPINION OF THE DIRECTOR, WARRANTS FORMAL ACTIONTHE COMPLAINT SHALL NOT BE RESOLVED BY A DEFERRED SETTLEMENT, ACTION, JUDGMENT, OR PROSECUTION.

(13) (a) IF IT APPEARS TO THE DIRECTOR, BASED UPON CREDIBLE EVIDENCE AS PRESENTED IN A WRITTEN COMPLAINT BY ANY PERSON, THAT A NATUROPATHIC DOCTOR IS ACTING IN A MANNER THAT CAUSES OR CONSTITUTES AN IMMINENT THREAT TO THE HEALTH AND SAFETY OF THE PUBLIC, OR A PERSON IS ACTING OR HAS ACTED WITHOUT THE REQUIRED LICENSE, THE DIRECTOR MAY ISSUE AN ORDER TO CEASE AND DESIST SUCH ACTIVITY. THE ORDER SHALL SET FORTH THE STATUTES AND RULES ALLEGED TO HAVE BEEN VIOLATED, THE FACTS ALLEGED TO HAVE CONSTITUTED THE VIOLATION, AND THE REQUIREMENT THAT ALL UNLAWFUL ACTS OR UNLICENSED PRACTICES IMMEDIATELY CEASE.

(b) WITHIN TEN DAYS AFTER SERVICE OF THE ORDER TO CEASE AND DESIST PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (13), THE RESPONDENT MAY REQUEST A HEARING ON THE QUESTION OF WHETHER ACTS OR PRACTICES IN VIOLATION OF THIS ARTICLE HAVE OCCURRED. THE HEARING SHALL BE CONDUCTED PURSUANT TO SECTIONS 24-4-104 AND 24-4-105, C.R.S. (14) (a) I

F IT APPEARS TO THE DIRECTOR, BASED UPON CREDIBLE EVIDENCE AS PRESENTED IN A WRITTEN COMPLAINT BY ANY PERSON, THAT A PERSON HAS VIOLATED ANY OTHER PORTION OF THIS ARTICLE, IN ADDITION TO ANY SPECIFIC POWERS GRANTED PURSUANT TO THIS ARTICLE, THE DIRECTOR MAY ISSUE TO THE PERSON AN ORDER TO SHOW CAUSE AS TO WHY THE DIRECTOR SHOULD NOT ISSUE A FINAL ORDER DIRECTING THE PERSON TO CEASE AND DESIST FROM THE UNLAWFUL ACT OR UNLICENSED PRACTICE.

(b) A PERSON AGAINST WHOM AN ORDER TO SHOW CAUSE HAS BEEN ISSUED PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (14) SHALL BE NOTIFIED PROMPTLY BY THE DIRECTOR OF THE ISSUANCE OF THE ORDER, ALONG WITH A COPY OF THE ORDER, THE FACTUAL AND LEGAL BASIS FOR THE ORDER, AND THE DATE SET BY THE DIRECTOR FOR A HEARING ON THE ORDER. THE NOTICE MAY BE SERVED ON THE PERSON AGAINST WHOM THE ORDER HAS BEEN ISSUED BY PERSONAL SERVICE, BY FIRST-CLASS, POSTAGE PREPAID UNITED STATES MAIL, OR IN ANOTHER MANNER AS MAY BE PRACTICABLE. PERSONAL SERVICE OR MAILING OF AN ORDER OR DOCUMENT PURSUANT TO THIS PARAGRAPH (b) SHALL CONSTITUTE NOTICE OF THE ORDER TO THE PERSON. (c) (I) T

HE HEARING ON AN ORDER TO SHOW CAUSE SHALL BE HELD NO SOONER THAN TEN AND NO LATER THAN FORTY-FIVE CALENDAR DAYS AFTER THE DATE OF TRANSMISSION OR SERVICE OF THE NOTIFICATION BY THE DIRECTOR AS PROVIDED IN PARAGRAPH (b) OF THIS SUBSECTION (14). THE HEARING MAY BE CONTINUED BY AGREEMENT OF ALL PARTIES BASED UPON THE COMPLEXITY OF THE MATTER, NUMBER OF PARTIES TO THE MATTER, AND LEGAL ISSUES PRESENTED IN THE MATTER, BUT IN NO EVENT SHALL THE HEARING BE HELD LATER THAN SIXTY CALENDAR DAYS AFTER THE DATE OF TRANSMISSION OR SERVICE OF THE NOTIFICATION.

(II) IF A PERSON AGAINST WHOM AN ORDER TO SHOW CAUSE HAS BEEN ISSUED PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (14) DOES NOT APPEAR AT THE HEARING, THE DIRECTOR MAY PRESENT EVIDENCE THAT NOTIFICATION WAS PROPERLY SENT OR SERVED ON THE PERSON PURSUANT TO PARAGRAPH (b) OF THIS SUBSECTION (14) AND SUCH OTHER EVIDENCE RELATED TO THE MATTER AS THE DIRECTOR DEEMS APPROPRIATE. SUCH HEARING SHALL BE CONDUCTED PURSUANT TO SECTIONS 24-4-104 AND 24-4-105, C.R.S. THE DIRECTOR SHALL ISSUE THE ORDER WITHIN TEN DAYS AFTER THE DIRECTOR‘S DETERMINATION RELATED TO REASONABLE ATTEMPTS TO NOTIFY THE RESPONDENT, AND THE ORDER SHALL BECOME FINAL AS TO THAT PERSON BY OPERATION OF LAW. (III) I

F THE DIRECTOR REASONABLY FINDS THAT THE PERSON AGAINST WHOM THE ORDER TO SHOW CAUSE WAS ISSUED IS ACTING OR HAS ACTED WITHOUT THE REQUIRED LICENSE, OR HAS OR IS ABOUT TO ENGAGE IN ACTS OR PRACTICES CONSTITUTING VIOLATIONS OF THIS ARTICLE, A FINAL CEASE-AND-DESIST ORDER MAY BE ISSUED, DIRECTING THE PERSON TO CEASE AND DESIST FROM FURTHER UNLAWFUL ACTS OR UNLICENSED PRACTICES.

(IV) THE DIRECTOR SHALL PROVIDE NOTICE, IN THE MANNER SET FORTH IN PARAGRAPH (b) OF THIS SUBSECTION (14), OF THE FINAL CEASE-AND-DESIST ORDER WITHIN TEN CALENDAR DAYS AFTER THE HEARING CONDUCTED PURSUANT TO THIS PARAGRAPH (c) TO EACH PERSON AGAINST WHOM THE FINAL ORDER HAS BEEN ISSUED. THE FINAL ORDER ISSUED PURSUANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH (c) SHALL BE EFFECTIVE WHEN ISSUED AND SHALL BE A FINAL ORDER FOR PURPOSES OF JUDICIAL REVIEW. (15) I

F IT APPEARS TO THE DIRECTOR, BASED UPON CREDIBLE EVIDENCE PRESENTED TO THE DIRECTOR, THAT A PERSON HAS ENGAGED OR IS ABOUT TO ENGAGE IN AN UNLICENSED ACT OR PRACTICE; AN ACT OR PRACTICE CONSTITUTING A VIOLATION OF THIS ARTICLE, A RULE PROMULGATED PURSUANT TO THIS ARTICLE, OR AN ORDER ISSUED PURSUANT TO THIS ARTICLE; OR AN ACT OR PRACTICE CONSTITUTING GROUNDS FOR ADMINISTRATIVE SANCTION PURSUANT TO THIS ARTICLE, THE DIRECTOR MAY ENTER INTO A STIPULATION WITH THE PERSON.

(16) IF ANY PERSON FAILS TO COMPLY WITH A FINAL CEASE-AND-DESIST ORDER OR A STIPULATION, THE DIRECTOR MAY REQUEST THE ATTORNEY GENERAL OR THE DISTRICT ATTORNEY FOR THE JUDICIAL DISTRICT IN WHICH THE ALLEGED VIOLATION EXISTS TO BRING, AND IF SO REQUESTED SUCH ATTORNEY SHALL BRING, SUIT FOR A TEMPORARY RESTRAINING ORDER AND FOR INJUNCTIVE RELIEF TO PREVENT ANY FURTHER OR CONTINUED VIOLATION OF THE FINAL ORDER. (17) A

PERSON AGGRIEVED BY THE FINAL CEASE-AND-DESIST ORDER MAY SEEK JUDICIAL REVIEW OF THE DIRECTOR‘S DETERMINATION OR OF THE DIRECTOR‘S FINAL ORDER AS PROVIDED IN SUBSECTION (8) OF THIS SECTION.

(18) NATUROPATHIC DOCTORS SHALL OBSERVE AND BE SUBJECT TO ALL APPLICABLE LAWS WITH REGARD TO THE CONTROL OF CONTAGIOUS AND INFECTIOUS DISEASES, THE REPORTING OF BIRTHS AND DEATHS, AND ANY OTHER MATTERS PERTAINING TO THE PUBLIC HEALTH.

12-37.3-111. Mental and physical examination of naturopathic doctors.

(1) IF THE DIRECTOR HAS REASONABLE CAUSE TO BELIEVE THAT A NATUROPATHIC DOCTOR IS UNABLE TO PRACTICE WITH REASONABLE SKILL AND SAFETY, THE DIRECTOR MAY ORDER THE NATUROPATHIC DOCTOR TO TAKE A MENTAL OR PHYSICAL EXAMINATION ADMINISTERED BY A PHYSICIAN OR OTHER LICENSED HEALTH CARE PROFESSIONAL DESIGNATED BY THE DIRECTOR. IF THE NATUROPATHIC DOCTOR REFUSES TO UNDERGO A MENTAL OR PHYSICAL EXAMINATION, THE DIRECTOR MAY SUSPEND THE NATUROPATHIC DOCTOR‘S LICENSE UNTIL THE DIRECTOR HAS MADE A DETERMINATION OF THE NATUROPATHIC DOCTOR‘S FITNESS TO PRACTICE. THE DIRECTOR SHALL PROCEED WITH AN ORDER FOR EXAMINATION AND SHALL MAKE HIS OR HER DETERMINATION IN A TIMELY MANNER.

(2) AN ORDER REQUIRING A NATUROPATHIC DOCTOR TO UNDERGO A MENTAL OR PHYSICAL EXAMINATION SHALL CONTAIN THE BASIS OF THE DIRECTOR‘S REASONABLE CAUSE TO BELIEVE THAT THE NATUROPATHIC DOCTOR IS UNABLE TO PRACTICE WITH REASONABLE SKILL AND SAFETY. FOR PURPOSES OF A DISCIPLINARY PROCEEDING AUTHORIZED UNDER THIS ARTICLE, THE NATUROPATHIC DOCTOR SHALL BE DEEMED TO HAVE WAIVED ALL OBJECTIONS TO THE ADMISSIBILITY OF THE EXAMINING PHYSICIAN‘S OR OTHER LICENSED HEALTH CARE PROFESSIONAL‘S TESTIMONY OR EXAMINATION REPORTS ON THE GROUND THAT THEY ARE PRIVILEGED COMMUNICATIONS.

(3) THE NATUROPATHIC DOCTOR MAY SUBMIT TO THE DIRECTOR TESTIMONY OR EXAMINATION REPORTS FROM A PHYSICIAN OR OTHER LICENSED HEALTH CARE PROFESSIONAL CHOSEN BY THE NATUROPATHIC DOCTOR AND PERTAINING TO ANY CONDITION THAT THE DIRECTOR HAS ALLEGED MAY PRECLUDE THE NATUROPATHIC DOCTOR FROM PRACTICING WITH REASONABLE SKILL AND SAFETY. THE TESTIMONY AND REPORTS SUBMITTED BY THE NATUROPATHIC DOCTOR MAY BE CONSIDERED BY THE DIRECTOR IN CONJUNCTION WITH, BUT NOT IN LIEU OF, TESTIMONY AND EXAMINATION REPORTS OF THE PHYSICIAN OR OTHER LICENSED HEALTH CARE PROFESSIONAL DESIGNATED BY THE DIRECTOR.

(4) THE RESULTS OF A MENTAL OR PHYSICAL EXAMINATION ORDERED BY THE DIRECTOR SHALL NOT BE USED AS EVIDENCE IN ANY PROCEEDING OTHER THAN ONE BEFORE THE DIRECTOR AND SHALL NOT BE DEEMED A PUBLIC RECORD OR MADE AVAILABLE TO THE PUBLIC.

12-37.3-112. Professional liability insurance required -vicarious liability.

(1) IT IS UNLAWFUL FOR ANY PERSON TO PRACTICE NATUROPATHIC MEDICINE IN THIS STATE UNLESS THE PERSON IS COVERED BY A PROFESSIONAL LIABILITY INSURANCE POLICY OR THE EQUIVALENT IN AN AMOUNT NOT LESS THAN ONE HUNDRED THOUSAND DOLLARS PER CLAIM WITH AN AGGREGATE LIABILITY LIMIT FOR ALL CLAIMS DURING THE YEAR OF AT LEAST THREE HUNDRED THOUSAND DOLLARS. THE PROFESSIONAL LIABILITY INSURANCE REQUIRED BY THIS SECTION SHALL COVER ALL ACTS WITHIN THE SCOPE OF THE PRACTICE OF NATUROPATHIC MEDICINE.

(2) A NATUROPATHIC DOCTOR SHALL BE LIABLE FOR HIS OR HER ACTS OR OMISSIONS IN THE PERFORMANCE OF NATUROPATHIC MEDICINE, AND NO LICENSED PHYSICIAN, NURSE, PREHOSPITAL EMERGENCY MEDICAL PERSONNEL, OR HEALTH CARE INSTITUTION SHALL BE LIABLE FOR ANY ACT OR OMISSION RESULTING FROM THE PERFORMANCE OF NATUROPATHIC MEDICINE BY ANY NATUROPATHIC DOCTOR. THIS SUBSECTION (2) SHALL NOT RELIEVE ANY PHYSICIAN, NURSE, PREHOSPITAL EMERGENCY PERSONNEL, OR HEALTH CARE INSTITUTION FROM LIABILITY FOR ANY WILLFUL AND WANTON ACT OR OMISSION OR ANY ACT OR OMISSION CONSTITUTING GROSS NEGLIGENCE, OR IF A NATUROPATHIC DOCTOR HAS A BUSINESS OR SUPERVISED RELATIONSHIP WITH ANY SUCH PHYSICIAN, NURSE, PREHOSPITAL EMERGENCY PERSONNEL, OR HEALTH CARE INSTITUTION. A PHYSICIAN, A NURSE, PREHOSPITAL EMERGENCY PERSONNEL, OR A HEALTH CARE INSTITUTION MAY PROVIDE CONSULTATION OR EDUCATION TO THE NATUROPATHIC DOCTOR WITHOUT ESTABLISHING A BUSINESS OR SUPERVISORY RELATIONSHIP.

12-37.3-113. Complaints – investigation.

(1) ANY PERSON MAY REPORT TO THE DIRECTOR IN WRITING ANY INFORMATION THE PERSON HAS REASON TO BELIEVE INDICATES THAT A NATUROPATHIC DOCTOR IS OR MAY BE MEDICALLY OR LEGALLY INCOMPETENT, ENGAGED IN THE UNAUTHORIZED PRACTICE OF NATUROPATHIC MEDICINE, GUILTY OF UNPROFESSIONAL CONDUCT, OR MENTALLY OR PHYSICALLY UNABLE TO ENGAGE SAFELY IN THE PRACTICE OF NATUROPATHIC MEDICINE.

(2) A NATUROPATHIC DOCTOR SHALL REPORT TO THE DIRECTOR IN WRITING ANY INFORMATION THE NATUROPATHIC DOCTOR HAS REASON TO BELIEVE INDICATES THAT A NATUROPATHIC DOCTOR IS OR MAY BE MEDICALLY OR LEGALLY INCOMPETENT, ENGAGED IN THE UNAUTHORIZED PRACTICE OF NATUROPATHIC MEDICINE, GUILTY OF UNPROFESSIONAL CONDUCT, OR MENTALLY OR PHYSICALLY UNABLE TO ENGAGE SAFELY IN THE PRACTICE OF NATUROPATHIC MEDICINE, WITHIN THIRTY DAYS AFTER BECOMING AWARE OF SUCH INFORMATION.

(3) A NATUROPATHIC DOCTOR‘S VOLUNTARY RESIGNATION FROM THE STAFF OF A HEALTH CARE INSTITUTION, VOLUNTARY LIMITATION OF STAFF PRIVILEGES, OR FAILURE TO REAPPLY FOR HOSPITAL PRIVILEGES AT SUCH AN INSTITUTION SHALL BE PROMPTLY REPORTED TO THE DIRECTOR BY THE INSTITUTION AND THE NATUROPATHIC DOCTOR IF THAT ACTION OCCURS WHILE THE NATUROPATHIC DOCTOR IS UNDER FORMAL OR INFORMAL INVESTIGATION BY THE INSTITUTION OR A COMMITTEE THEREOF FOR ANY REASON RELATED TO POSSIBLE MEDICAL INCOMPETENCE, UNPROFESSIONAL CONDUCT, OR MENTAL OR PHYSICAL IMPAIRMENT.

(4) UPON RECEIVING A CREDIBLE COMPLAINT OR REPORT CONCERNING A NATUROPATHIC DOCTOR OR ON HIS OR HER OWN MOTION, THE DIRECTOR MAY INVESTIGATE ANY EVIDENCE THAT APPEARS TO SHOW THAT A NATUROPATHIC DOCTOR IS COMMITTING OR HAS COMMITTED ANY ACT THAT WOULD CONSTITUTE GROUNDS FOR DISCIPLINARY ACTION PURSUANT TO SECTION 12-37.3-110.

12-37.3-114. Disclosures – record-keeping.

(1) A NATUROPATHIC DOCTOR SHALL PROVIDE THE FOLLOWING INFORMATION IN WRITING TO EACH PATIENT: THE NATUROPATHIC DOCTOR‘S NAME, BUSINESS ADDRESS, AND TELEPHONE NUMBER; THE NATURE OF THE SERVICES TO BE PROVIDED; THE SCOPE OF PRACTICE FOR NATUROPATHIC DOCTORS; A STATEMENT THAT NATUROPATHIC DOCTORS MAY NOT PRACTICE MEDICINE AS DEFINED IN THE “COLORADO MEDICAL PRACTICE ACT“, (Then why call them Naturopathic Medical Doctors?) ARTICLE 36 OF THIS TITLE; HOW TO FILE A COMPLAINT AGAINST A NATUROPATHIC DOCTOR; AND ANY DEGREES, TRAINING, EXPERIENCE, CREDENTIALS, OR OTHER QUALIFICATIONS OF THE NATUROPATHIC DOCTOR, INCLUDING WHETHER OR NOT SUCH DEGREES WERE AWARDED BY INSTITUTIONS ACCREDITED BY A REGIONAL OR PROFESSIONAL

ACCREDITING AGENCY RECOGNIZED BY THE UNITED STATES DEPARTMENT OF EDUCATION OR THE COUNCIL ON POSTSECONDARY ACCREDITATION, OR A SUCCESSOR AGENCY, OR RECOGNIZED AS A CANDIDATE FOR ACCREDITATION BY SUCH AN AGENCY.

(2) A NATUROPATHIC DOCTOR SHALL OBTAIN A WRITTEN ACKNOWLEDGMENT FROM THE PATIENT STATING THAT THE PATIENT HAS BEEN PROVIDED THE INFORMATION DESCRIBED IN SUBSECTION (1) OF THIS SECTION. THE NATUROPATHIC DOCTOR SHALL MAINTAIN THE ACKNOWLEDGMENT FOR FIVE YEARS AFTER THE LAST SERVICES PROVIDED TO THE PATIENT.

12-37.3-115. Repeal of article.

THIS ARTICLE IS REPEALED, EFFECTIVE JULY 1, 2012. PRIOR TO SUCH REPEAL, THE LICENSURE OF NATUROPATHIC DOCTORS, THE ADVISORY COMMITTEE, AND THE FUNCTIONS OF THE ADVISORY COMMITTEE AND THE NATUROPATHIC FORMULARY COUNCIL SHALL BE REVIEWED AS PROVIDED FOR IN SECTIONS 2-3-1203 AND 24-34-104, C.R.S.

SECTION 2. 13-4-102

(2), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

13-4-102. Jurisdiction.

(2) The court of appeals shall have initial jurisdiction to:

(kk) REVIEW ALL FINAL ACTIONS AND ORDERS APPROPRIATE FOR JUDICIAL REVIEW OF THE DIRECTOR OF THE DIVISION OF REGISTRATIONS AS PROVIDED IN SECTION 12-37.3-110 (8), C.R.S.

SECTION 3.

24-34-104 (43), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

24-34-104. General assembly review of regulatory agencies and functions for termination, continuation, or Restablishment.

(43) The following agencies, functions, or both, shall terminate on July 1, 2012:

(n) THE LICENSING OF NATUROPATHIC DOCTORS PURSUANT TO ARTICLE 37.3 OF TITLE 12, C.R.S.

SECTION 4. 2-3-1203 (3) (y), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:

2-3-1203. Sunset review of advisory committees. (3) The following dates are the dates for which the statutory authorization for the designated advisory committees is scheduled for repeal: (y) July 1, 2012:

(III) THE NATUROPATHIC FORMULARY COUNCIL CREATED IN SECTION 12-37.3-109, C.R.S., AND THE ADVISORY COMMITTEE OF NATUROPATHIC MEDICINE CREATED IN SECTION 12-37.3-107, C.R.S.

SECTION 5. Effective date – applicability. This act shall take effect upon passage and shall apply to all persons practicing or seeking to practice naturopathic medicine on or after said date.

SECTION 6. Safety clause. The general assembly hereby finds,

determines, and declares that this act is necessary for the immediate 18

preservation of the public peace, health, and safety.

Be Better

February 1, 2008 Uncategorized | Comments (0) Tyler @ 4:03 pm

Have you ever said that you are doing your best, but deep down know that you really are not. That you probably can do better. We after I watched this video I remembered with shame some of the times that I had said those exact words.

God, community, children, wives, husbands, sisters, brothers, all people need you to be a powerful people. The world will transform right before your eyes once you work toward that place. The place where we are honest with all, including ourself.

I watchede this video right before going to the gym for my afternoon work out. You bet I trained harder that ever. What will you do with it?

Tyler

Fact of the Day: ionizer

Uncategorized | Comments (0) Tyler @ 3:58 pm

Fact of the Day: ionizer

I ripped this from the guys at refference.com

Ionizers work by arcing a small current of electricity off a thin needle and into the air. The electrons bind to nearby air molecules and give them a negative charge. These negatively charged molecules are propelled or drift throughout the room and attract tiny pollutants such as smoke, dust, pollen, and aerosols. Evenutally, these bundles of pollutants become too heavy to remain airborne and settle onto the surfaces of the room. The benefits of using an ionizer include the removal of microscopic contaminants, smoke, viruses, odors, pollen, aerosols, and other pollutants.

The effect is likened to the clean air near waterfalls or after lightning, other good sources fo negative ions.

They may also be effective as anti-depressants according to a much quoted article in Allure Magazine (June 95, “Pumping Ions”) regarding a study by two research psychologists at the New York State Psychiatric Institute Columbia University. Unfortunately, there can be drawbacks to using an ionizer. The charged pollutant clusters cling to walls and create a sooty buildup that may need periodic cleaning. Similar to lightning, the arc from poorly designed ionizers can create ozone and nitrous oxide.

Balancing Ph-ion and Detox to cleanse the body

January 31, 2008 Uncategorized | Comments (0) Tyler @ 7:24 am

I read a great blog today on detox and Ph balancing. Here is some of it:

“If you experience stress, tiredness, excess weight, fatigue, aches, pains, poor digestion, and other serious disorders, the ph level inside your body may be too acidic.

The three things that might contribute more to the body to become overly acidic are ingesting acids, creation of acids, and improper acid elimination.

Ingesting foods which are considered acidifying foods as dairy, processed sugar, meat, alcohol, coffee, etc. overloads the ability of your body to neutralize all the acids.

Acidifying toxins are created by …

To see the whole article go to Balancing Ph-ion and Detox to cleanse the body

Get a $50 Yoga Gift Certificate

January 30, 2008 Uncategorized | Comments (1) Tyler @ 5:01 pm

Special offer!

Refer a new client for an IonCleanse and I will give you a $50 gift certificate to Master Yun’s Dahn Yoga! But hurry, the gift certificates I have expire on 2/28/08!

Master Yun is a good friend of mine and his classes are great. Some of the benefits are:

Weight Management

Stress Relief

Personal Well Being

Increased Physical Fitness

Feeling Younger

Disease Recovery

And much, much more!

Thousands of Dahn Yoga enthusiasts around the world have experienced the extraordinary Benefits of Yoga and DahnMuDo (qigong), and are happier, healthier and more peaceful because of it.

$50 gift certificate good for the Kipling location of Dahn Yoga only. Referral must purchase a $40 single session, $180 five pack, or $350 ten pack for detox before gift certificate will be awarded. No other offers available with this one. More information can be found at www.dahnyoga.com. You can refer yourself if you are a new client.

Tyler Braithwaite

wellspringwellness@gmail.com

303-587-1507

The secret software that makes millions?

Uncategorized | Comments (0) Tyler @ 6:08 am

I recently recieved a email from a fellow named Mike Dillard entitled: This Is My Secret Piece of Software That’s Made Millions… (And it’s free).

“So as promised, I’m going to reveal the secret weapon I use on a daily basis to achieve incredible results in business.

It’s a piece of software that has built my entire little empire brick-by-brick, day-by-day…

It’s not DeamWeaver, Outlook, Front Page, 1ShoppingCart, or an auto-responder.

…

He goes on to say that when looking at his industry (and I think you can include any industry) he sees two types of people:

“Those who have made “execution” a daily habit, and those who have not.

Here’s what I mean by that…

Many close friends and associates have noticed that I’ve acquired one particular trait over the years which has enabled me to achieve some incredible things.
It’s not that I’m smarter than anyone else, or that I’ve had better opportunities, or that I’ve had more money to start with, (which was definitively not the case).

They all say it comes down to one thing… “Mike, what makes you different than everyone else out there is that once you have an idea, you actually sit down and do it”.
To be honest, that never really occurred to me, and it made me stop and really think.
I just took it for granted that if you have a great idea, you freaking do it right?
But most people don’t. They have an incredible idea and think about doing it. Day’s go by. Weeks go by. Months go by. Before they realize it, they’re still sitting in the same position they were a year before.

I don’t think about things, I do them.

I have an idea and I execute that idea one little step at a time each and every day until the project is complete.

Success is not a destination, it’s the result of a pattern of habitual behaviors.

That’s why you can take someone who’s had a track record in one field, and move them to another with the expectation that success will be achieved again.

It’s not the job, the business opportunity, the new marketing system, or the product that resulted in their success… It was their daily habits. They were “do-ers”.

There are successful people and unsuccessful people in every company – all using the same tools, the same websites, and the same system.

The difference is found in their daily habits.
So how you can you transition from a “thinker”, to a “do-er”?

Well that’s where my little secret software weapon comes into play. This little gem has been crucial in creating my habitual pattern of getting things done, producing millions in revenue in the process.

It’s called “WordPad”.

Also known as NotePad or TextEdit for Mac users, it’s that little program that opens up to a blank white page and just stares at you with a blinking cursor at the top.

You write text in it. That’s all. It doesn’t do anything what-so-ever, or even check your spelling.

Are you as surprised as I was?

“Well here’s why this program is so valuable to you… It’s your new boss.

Every night before I go to bed, I pull up my Word Pad file which I save as “To-Do.txt”, and I write down five tasks that I must complete the following day in order of importance.

For example, here’s my actual “To Do List” for today:

To Do List:

1: Write and send MS newsletter.
2: Update Adwords campaign.
3: Run new headline split-test.
4: Finish Chapter 4 in “Building On A Budget”.
5: Return prospect phone calls and emails.
6: Read a book.

Now here’s what’s so magical about this process…

If you make your list the night before, you’ll subconscious will have all night to think about it.

The moment you wake up, you’re on task. You already know what your goals for the day are. You’re focused, and by starting your day with this focus and this purpose that’s already laid out for you, it allows you to ignore the onslaught of distractions that come with each new morning.

You’ll find that if you don’t have your To-Do List waiting for you in the morning, that you’ll get side-tracked immediately. Life happens. It gets in the way. And unless you take back that control and focus, it will prevent you from accomplishing anything. This is the deadly trap you must avoid at all costs that’s preventing you from achieving the results you want.

Above all other things, this little process of creating my To-Do List each night using nothing more than Word Pad, as allowed me to create the (his company) empire.

That massive new community site we have with over 14,000 pages of content was created one step at a time by my little Word Pad file.

…

It’s the most powerful piece of software in the world.

And here’s my challenge to you…

Make a commitment to use my method for 30 days, starting tonight. Before you go to bed, make your list of 5 tasks that you MUST complete by the end of the next day.

They must be actions “tasks”, not goals.

If you do the tasks, your goals will be accomplished automatically.

Don’t put…

1: Sponsor a new rep
2: Get a new customer
3: Read a book
4: Etc…

If sponsoring a new rep or getting a new customer is the goal, focus on the tasks that will result in that goal like producing 20 new leads, and contacting previous prospects.

1: Send out a press release.
2: Send a newsletter to my list.
3: Add 3 new AdGroups to my PPC campaign.
4: Talk to at least 5 prospects.

If you do this without fail for 30 days, you’ll be a completely different person, and you’ll have made more progress in one month, than you have in the past 12.”

I thought that is was a great post toinclude because it is the essence of good health. Creating goals, and listing the tasks needed to accomplish those goals helps with menal health in a way only those who have tried it can explain…if they are lucky. What I mean is it almost seams magical. Although it is just following the natural laws that were created before the world was…

Good health to you!

Tyler

Thai-Go, Xango, Mona Vie comparison.

Uncategorized | Comments (1) Tyler @ 5:53 am

Brunswick Laboratories, the leading commercial laboratory specializing in the science of antioxidants and oxidative stress has recently studied Thai-Go, a Nature’s Sunshine product. As part of its rigorous guidelines for compliance, Brunswick is testing Thai-Go on a lot-by-lot basis to certify its exceptional product quality. This testing will ensure consistent Thai-Go quality, and highlight its unparalleled antioxidant…

For the rest of this article click here: THAI-GO, XANGO, MONA VIE comparison.

Health Freedom Support Letter

January 19, 2008 Uncategorized | Comments (0) Tyler @ 3:22 pm

Hello again!

We now have a Health Freedom bill introduced by Rep. Wes. McKinley! It is House Bill 1158. This is a HEALTH FREEDOM bill, which if passed, can protect ALL alternative healthcare providers. I am attaching a one-page letter to fax to the House Health and Human Services committee. We need your support to contact legislators to let them know how important it is to have Health Freedom for Colorado!

Please call, fax and/or email the members to tell them you want their support for this bill! It is best to do all three (call, fax and email) if you can. But if you can only do one, that is also appreciated!

Also, don’t forget to notify these same committee members that we want them to oppose the Naturopathic Physician bill, HB 1064. If passed, this monopolistic bill could put thousands of alternative healthcare providers out of business, and they could also be charged with a misdemeanor or felony for violation of this law.

Health Keepers Alliance is helping us with our cause here in Colorado. Their website is www.healthkeepers.net They already have the information about the NP bill, HB 1064, on their site. You can go to their site and fill in the form. Remember to check mark the fax box, and they will take care of Emailing and faxing all the members of the committee for you! They are now working on getting the Health Freedom bill, HB1158, also on the website so you can do the same thing. Http://www.healthkeepers.net/state_issues.php?state=Colorado

The Naturopathic Bill is scheduled for Feb. 4^th, 1:30 p.m., Room LSB-A at the Capitol in Denver.

The Health Freedom Bill may be heard on Feb 1^st, but we don’t have a definite date as of yet. Please keep this date open and as soon as we know for sure, we will get the word out.

We hope that you will attend these meetings, as we need as many people as possible to show up and show the legislators that there are many of us who want Health Freedom in Colorado! You also have the choice to testify if you wish.

We have a yahoo group that we would like you to join so that we can keep everyone informed.

Just send a blank email to: co4hfg-subscribe@yahoogroups.com

You can also call this recording any time for information: 641-715-3900 code 9337483#

Again, Please fax, call and/or email the members of the House Health and Human Services committee members the 2 papers.

We appreciate your support.

For questions, please contact me:

Kimberly Sharples, HHP, Health Freedom Activist

Kimberlysharples@msn.com

719-390-1979

PLEASE SUPPORT HB-08 1158

Uncategorized | Comments (0) Tyler @ 3:17 pm

The Honorable Representative____________________________

Colorado House of Representatives Fax: 303-866-2218

Dear Representative: ______________ _ 2008

PLEASE SUPPORT HB-08 1158

COLORADO’S HEALTH FREEDOM ACT

I respectfully urge you to join Representative McKinley and cosponsor,and support HB 1158, the Colorado Health Freedom Act!

As an informed consumer, I want the freedom to make my own choices about my health care, including the right to choose from both licensed and unlicensed health care practitioners in Colorado.

My access to traditional healers and practitioners is now threatened because of outdated Colorado laws that give exclusive rights to small numbers of state licensed professionals to engage in all aspects of the healing arts and make it a crime for other practitioners to practice. Traditional, alternative, and complementary practitioners engage in safe nutritional and lifestyle counseling, herbal and homeopathic therapies, and many less expensive modalities. Yet in Colorado no law protects my access to these preferred and far less expensive unlicensed practitioners.

Minnesota, California, Rhode Island, Louisiana, Oklahoma and Idaho all have health freedom laws that exempt unlicensed practitioners from criminal statutes as long as they avoid specific prohibited conduct and give out proper disclosures. ALL OF THESE 6 STATES HAVE HEALTH FREEDOM SAFE HARBOR EXEMPTION LAWS!!!!

HB1158 would protect THOUSANDS of Colorado entrepreneurial natural health based businesses, assuring thousands of people’s informed access to their readily available source of local complementary and alternative health care information.

COLORADO HEALTH SEEKERS DESERVE THEIR OPTIONS PROTECTED !!!

Signature Print Name

Address City State ZIP

Prepared by Clinton Ray Miller, Health Freedom Activist – clintonray@bellsouth.net, and

Diane Miller JD, Director of Law & Public Policy, National Health Freedom Action www.nationalhealthfreedom.org

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Your Daily Dose of Health

Covering all aspects of the wellness wheel

Study shows Antidepressants are no better than Placebo

Initial Severity and Antidepressant Benefits: A Meta-Analysis of Data Submitted to the Food and Drug Administration

Naturopath Bill in Colorado and Why I oppose it.

Be Better

Fact of the Day: ionizer

Balancing Ph-ion and Detox to cleanse the body

Get a $50 Yoga Gift Certificate

The secret software that makes millions?

Thai-Go, Xango, Mona Vie comparison.

Health Freedom Support Letter

PLEASE SUPPORT HB-08 1158

The Honorable Representative____________________________

Colorado House of Representatives Fax: 303-866-2218

Dear Representative: ______________ _ 2008

COLORADO’S HEALTH FREEDOM ACT

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Covering all aspects of the wellness wheel

Initial Severity and Antidepressant Benefits: A Meta-Analysis of Data Submitted to the Food and Drug Administration

The Honorable Representative____________________________

Colorado House of Representatives Fax: 303-866-2218

Dear Representative: ________________________ ___________ 2008

COLORADO’S HEALTH FREEDOM ACT

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Meta:

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Dear Representative: ______________ _ 2008