wa-law.org > bill > 2025-26 > HB 1888 > Original Bill

HB 1888 - Naturopathic physician scope

Source

Section 1

The legislature finds:

  1. Naturopathic physicians are recognized as primary care providers in both statute and rule, and have served in this role for many years through private health plans, in apple health, and with the Indian health service systems.

  2. Washington has a shortage of primary care services that poses a significant risk to public health resulting in increased human suffering and increased costs. The coronavirus pandemic added strain on an already overburdened health care system, further exposing the need to empower primary care providers to practice to the full scope of their training.

  3. In some areas, naturopathic physicians are the only available health care providers. As such, they need authority for all appropriate primary care services consistent with their education and patient populations. This act supports better patient care, prevents duplication of services, reduces emergency department visits, and is more cost-effective for patients, health plans, and state agencies.

  4. Naturopathic medical training emphasizes prevention and comprehensive primary care and includes the same basic and clinical science courses as would be taught in any conventional medical program in addition to behavioral health, counseling, and lifestyle medicine. Many patients seek care with naturopathic physicians in order to stop taking or lower their doses of prescription medications. Most controlled substances cannot be stopped without a careful dosage taper. Enabling naturopathic physicians to practice to the full extent of their training, to include authority to prescribe and deprescribe controlled substances, allows them to play a more significant role in addressing the ongoing opioid and benzodiazepine crises facing our communities.

  5. The legislature first granted naturopathic physicians limited prescriptive authority in 1987 and expanded this in 2005 to include all legend drugs and limited controlled substances in Schedules III through V of the uniform controlled substances act. Licensed naturopathic physicians in several states currently have prescriptive authority beyond what those in Washington have. Licensed naturopathic physicians have demonstrated competence and safety in prescribing controlled substances both here and in surrounding states.

  6. This act recognizes the board of naturopathy and its role in rule making for determination of specific clinical parameters and educational requirements in the same manner as other boards and commissions with primary care authority.

Section 2

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

  1. "Board" means the board of naturopathy created in RCW 18.36A.150.

  2. "Colon hydrotherapist" means a person certified under this chapter to perform colon hydrotherapy pursuant to an affiliation with one or more naturopaths.

  3. "Colon hydrotherapy" means the performance of enemas or colonic irrigation.

  4. "Common diagnostic procedures" means the use of venipuncture consistent with the practice of naturopathic medicine, commonly used diagnostic modalities consistent with naturopathic practice, health history taking, physical examination, radiography, examination of body orifices excluding endoscopy, laboratory medicine, and obtaining samples of human tissues, but excluding incision or excision beyond that which is authorized as a minor office procedure.

  5. "Department" means the department of health.

  6. "Educational program" means an accredited program preparing persons for the practice of naturopathic medicine.

  7. "Homeopathy" means a system of medicine based on the use of infinitesimal doses of medicines capable of producing symptoms similar to those of the disease treated, as listed in the homeopathic pharmacopeia of the United States.

  8. "Hygiene and immunization" means the use of such preventative techniques as personal hygiene, asepsis, public health, and immunizations, to the extent allowed by rule.

  9. "Manual manipulation" or "mechanotherapy" means manipulation of a part or the whole of the body by hand or by mechanical means.

  10. "Minor office procedures" means care and procedures incident thereto of superficial lacerations, lesions, minor injuries, and the removal of foreign bodies located in superficial structures, not to include the eye other than inspection and lavage; and the use of antiseptics and topical or local anesthetics in connection therewith. "Minor office procedures" also includes common diagnostic procedures, physical modalities, injections, and topical applications of substances consistent with the practice of naturopathic medicine and in accordance with rules established by the board.

  11. "Naturopath" or "naturopathic physician" means an individual licensed under this chapter.

  12. "Naturopathic medicines" means vitamins; minerals; botanical medicines; homeopathic medicines; hormones; and other nutrients, compounds, and natural substances consistent with naturopathic medical practice .

  13. "Nutrition and food science" means the prevention and treatment of disease or other human conditions through the use of foods, water, herbs, roots, bark, or natural food elements.

  14. "Physical modalities" means use of physical, chemical, electrical, and other modalities , including but not limited to heat, cold, air, light, water in any of its forms, sound, massage, durable medical equipment, and therapeutic exercise.

  15. "Radiography" means the taking and interpretation of standard radiographs.

  16. "Secretary" means the secretary of health or the secretary's designee.

  17. "Suggestion" means techniques including but not limited to counseling, biofeedback, and hypnosis.

Section 3

Naturopathic medicine is the practice by naturopathic physicians of the art and science of the diagnosis, prevention, and treatment of disorders of the body by stimulation or support, or both, of the natural processes of the human body. A naturopathic physician is responsible and accountable to the consumer for the quality of naturopathic care rendered.

The practice of naturopathic medicine includes manual manipulation (mechanotherapy), the prescription, administration, dispensing, and use, except for the treatment of malignancies, of nutrition and food science, physical modalities, minor office procedures, homeopathy, naturopathic medicines, legend and nonlegend drugs and controlled substances contained in Schedules III through V, and stimulant medications contained in Schedule II, of the uniform controlled substances act, chapter 69.50 RCW, hygiene and immunization, contraceptive devices, common diagnostic procedures, and suggestion; however, nothing in this chapter shall prohibit consultation and treatment of a patient in concert with a practitioner licensed under chapter 18.57 or 18.71 RCW. No person licensed under this chapter may employ the term "chiropractic" to describe any services provided by a naturopathic physician under this chapter.

Section 4

  1. Subject to the requirements of this section, a naturopathic physician may prescribe and administer legend drugs and controlled substances contained in Schedules III through V, and stimulant medications in Schedule II, of the uniform controlled substances act, chapter 69.50 RCW, as necessary in the practice of naturopathy.

  2. Prior to prescribing controlled substances other than testosterone and codeine products, a naturopathic physician must:

    1. Pass an examination approved by the board in rule assessing competence in pharmaceutical prescribing; and

    2. Register with the department to access the prescription monitoring program established in chapter 70.225 RCW.

  3. By rule, the board shall establish any additional education and training requirements related to prescribing legend drugs and controlled substances. The governor shall make every effort to appoint at least one naturopathic physician with experience prescribing controlled substances to serve on the board. If that is not possible, the board shall consult with a naturopathic physician or other licensed health care professional with this experience to develop any additional education and training requirements related to prescribing legend drugs and controlled substances. A naturopathic physician may prescribe and administer drugs pursuant to subsection (1) of this section only if they satisfy the education and training requirements established in this section and by the board.

Section 5

A naturopathic physician may sign and attest to any certificates, cards, forms, or other required documentation that a physician may sign, so long as it is within the naturopathic physician's scope of practice. This includes, but is not limited to, disability determinations, physician orders for life-sustaining treatment, hospice orders, student athletic forms, guardianships, powers of attorney, and similar legal documents.

Section 6

  1. It shall be unlawful for any person to sell or deliver any legend drug, or knowingly possess any legend drug, or knowingly use any legend drug in a public place, except upon the order or prescription of a physician under chapter 18.71 RCW, an osteopathic physician and surgeon under chapter 18.57 RCW, an optometrist licensed under chapter 18.53 RCW who is certified by the optometry board under RCW 18.53.010, a dentist under chapter 18.32 RCW, a podiatric physician and surgeon under chapter 18.22 RCW, a naturopathic physician under chapter 18.36A RCW, a licensed midwife to the extent authorized under chapter 18.50 RCW, a veterinarian under chapter 18.92 RCW, a commissioned medical or dental officer in the United States armed forces or public health service in the discharge of his or her official duties, a duly licensed physician or dentist employed by the veterans administration in the discharge of his or her official duties, a registered nurse or advanced practice registered nurse under chapter 18.79 RCW when authorized by the board of nursing, a pharmacist licensed under chapter 18.64 RCW to the extent permitted by drug therapy guidelines or protocols established under RCW 18.64.011 and authorized by the commission and approved by a practitioner authorized to prescribe drugs, a physician assistant under chapter 18.71A RCW when authorized by the Washington medical commission, or any of the following professionals in any province of Canada that shares a common border with the state of Washington or in any state of the United States: A physician licensed to practice medicine and surgery or a physician licensed to practice osteopathic medicine and surgery, a naturopathic physician licensed to practice naturopathic medicine, a dentist licensed to practice dentistry, a podiatric physician and surgeon licensed to practice podiatric medicine and surgery, a licensed advanced practice registered nurse , a licensed physician assistant, or a veterinarian licensed to practice veterinary medicine: PROVIDED, HOWEVER, That the above provisions shall not apply to sale, delivery, or possession by drug wholesalers or drug manufacturers, or their agents or employees, or to any practitioner acting within the scope of his or her license, or to a common or contract carrier or warehouse operator, or any employee thereof, whose possession of any legend drug is in the usual course of business or employment: PROVIDED FURTHER, That nothing in this chapter or chapter 18.64 RCW shall prevent a family planning clinic that is under contract with the health care authority from selling, delivering, possessing, and dispensing commercially prepackaged oral contraceptives prescribed by authorized, licensed health care practitioners: PROVIDED FURTHER, That nothing in this chapter prohibits possession or delivery of legend drugs by an authorized collector or other person participating in the operation of a drug take-back program authorized in chapter 69.48 RCW.

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    1. A violation of this section involving the sale, delivery, or possession with intent to sell or deliver is a class B felony punishable according to chapter 9A.20 RCW.

    2. A violation of this section involving knowing possession is a misdemeanor. The prosecutor is encouraged to divert such cases for assessment, treatment, or other services.

    3. A violation of this section involving knowing use in a public place is a misdemeanor. The prosecutor is encouraged to divert such cases for assessment, treatment, or other services.

    4. No person may be charged with both knowing possession and knowing use in a public place under this section relating to the same course of conduct.

    5. In lieu of jail booking and referral to the prosecutor for a violation of this section involving knowing possession, or knowing use in a public place, law enforcement is encouraged to offer a referral to assessment and services available under RCW 10.31.110 or other program or entity responsible for receiving referrals in lieu of legal system involvement, which may include, but are not limited to, arrest and jail alternative programs established under RCW 36.28A.450, law enforcement assisted diversion programs established under RCW 71.24.589, and the recovery navigator program established under RCW 71.24.115.

  3. For the purposes of this section, "public place" has the same meaning as defined in RCW 66.04.010, but the exclusions in RCW 66.04.011 do not apply.

  4. For the purposes of this section, "use any legend drug" means to introduce the drug into the human body by injection, inhalation, ingestion, or any other means.

Section 7

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

  1. "Administer" means to apply a controlled substance, whether by injection, inhalation, ingestion, or any other means, directly to the body of a patient or research subject by:

    1. a practitioner authorized to prescribe (or, by the practitioner's authorized agent); or

    2. the patient or research subject at the direction and in the presence of the practitioner.

  2. "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. It does not include a common or contract carrier, public warehouseperson, or employee of the carrier or warehouseperson.

  3. "Board" means the Washington state liquor and cannabis board.

  4. "Cannabis" means all parts of the plant , whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis during the growing cycle through harvest and usable cannabis. "Cannabis" does not include hemp or industrial hemp as defined in RCW 15.140.020, or seeds used for licensed hemp production under chapter 15.140 RCW.

  5. "Cannabis concentrates" means products consisting wholly or in part of the resin extracted from any part of the plant and having a THC concentration greater than ten percent.

  6. "Cannabis processor" means a person licensed by the board to process cannabis into cannabis concentrates, useable cannabis, and cannabis-infused products, package and label cannabis concentrates, useable cannabis, and cannabis-infused products for sale in retail outlets, and sell cannabis concentrates, useable cannabis, and cannabis-infused products at wholesale to cannabis retailers.

  7. "Cannabis producer" means a person licensed by the board to produce and sell cannabis at wholesale to cannabis processors and other cannabis producers.

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    1. "Cannabis products" means useable cannabis, cannabis concentrates, and cannabis-infused products as defined in this section, including any product intended to be consumed or absorbed inside the body by any means including inhalation, ingestion, or insertion, with any detectable amount of THC.

    2. "Cannabis products" also means any product containing only THC content.

    3. "Cannabis products" does not include cannabis health and beauty aids as defined in RCW 69.50.575 or products approved by the United States food and drug administration.

  9. "Cannabis researcher" means a person licensed by the board to produce, process, and possess cannabis for the purposes of conducting research on cannabis and cannabis-derived drug products.

  10. "Cannabis retailer" means a person licensed by the board to sell cannabis concentrates, useable cannabis, and cannabis-infused products in a retail outlet.

  11. "Cannabis-infused products" means products that contain cannabis or cannabis extracts, are intended for human use, are derived from cannabis as defined in subsection (4) of this section, and have a THC concentration no greater than ten percent. The term "cannabis-infused products" does not include either useable cannabis or cannabis concentrates.

  12. "CBD concentration" has the meaning provided in RCW 69.51A.010.

  13. "CBD product" means any product containing or consisting of cannabidiol.

  14. "Commission" means the pharmacy quality assurance commission.

  15. "Controlled substance" means a drug, substance, or immediate precursor included in Schedules I through V as set forth in federal or state laws, or federal or commission rules, but does not include hemp or industrial hemp as defined in RCW 15.140.020.

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    1. "Controlled substance analog" means a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or II and:

      1. that has a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II; or

      2. with respect to a particular individual, that the individual represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II.

    2. The term does not include:

      1. a controlled substance;

      2. a substance for which there is an approved new drug application;

      3. a substance with respect to which an exemption is in effect for investigational use by a particular person under Section 505 of the federal food, drug, and cosmetic act, 21 U.S.C. Sec. 355, or chapter 69.77 RCW to the extent conduct with respect to the substance is pursuant to the exemption; or

      4. any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance.

  17. "Deliver" or "delivery" means the actual or constructive transfer from one person to another of a substance, whether or not there is an agency relationship.

  18. "Department" means the department of health.

  19. "Designated provider" has the meaning provided in RCW 69.51A.010.

  20. "Dispense" means the interpretation of a prescription or order for a controlled substance and, pursuant to that prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that prescription or order for delivery.

  21. "Dispenser" means a practitioner who dispenses.

  22. "Distribute" means to deliver other than by administering or dispensing a controlled substance.

  23. "Distributor" means a person who distributes.

  24. "Drug" means (a) a controlled substance recognized as a drug in the official United States pharmacopoeia/national formulary or the official homeopathic pharmacopoeia of the United States, or any supplement to them; (b) controlled substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in individuals or animals; (c) controlled substances (other than food) intended to affect the structure or any function of the body of individuals or animals; and (d) controlled substances intended for use as a component of any article specified in (a), (b), or (c) of this subsection. The term does not include devices or their components, parts, or accessories.

  25. "Drug enforcement administration" means the drug enforcement administration in the United States Department of Justice, or its successor agency.

  26. "Electronic communication of prescription information" means the transmission of a prescription or refill authorization for a drug of a practitioner using computer systems. The term does not include a prescription or refill authorization verbally transmitted by telephone nor a facsimile manually signed by the practitioner.

  27. "Immature plant or clone" means a plant or clone that has no flowers, is less than twelve inches in height, and is less than twelve inches in diameter.

  28. "Immediate precursor" means a substance:

    1. that the commission has found to be and by rule designates as being the principal compound commonly used, or produced primarily for use, in the manufacture of a controlled substance;

    2. that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance; and

    3. the control of which is necessary to prevent, curtail, or limit the manufacture of the controlled substance.

  29. "Isomer" means an optical isomer, but in subsection (33)(e) of this section, RCW 69.50.204(1) (l) and (hh), and 69.50.206(2)(d), the term includes any geometrical isomer; in RCW 69.50.204(1) (h) and (pp) and 69.50.210(3), the term includes any positional isomer; and in RCW 69.50.204(1)(ii), 69.50.204(3), and 69.50.208(1), the term includes any positional or geometric isomer.

  30. "Lot" means a definite quantity of cannabis, cannabis concentrates, useable cannabis, or cannabis-infused product identified by a lot number, every portion or package of which is uniform within recognized tolerances for the factors that appear in the labeling.

  31. "Lot number" must identify the licensee by business or trade name and Washington state unified business identifier number, and the date of harvest or processing for each lot of cannabis, cannabis concentrates, useable cannabis, or cannabis-infused product.

  32. "Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container. The term does not include the preparation, compounding, packaging, repackaging, labeling, or relabeling of a controlled substance:

    1. by a practitioner as an incident to the practitioner's administering or dispensing of a controlled substance in the course of the practitioner's professional practice; or

    2. by a practitioner, or by the practitioner's authorized agent under the practitioner's supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale.

  33. "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

    1. Opium, opium derivative, and any derivative of opium or opium derivative, including their salts, isomers, and salts of isomers, whenever the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation. The term does not include the isoquinoline alkaloids of opium.

    2. Synthetic opiate and any derivative of synthetic opiate, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of the isomers, esters, ethers, and salts is possible within the specific chemical designation.

    3. Poppy straw and concentrate of poppy straw.

    4. Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives or ecgonine or their salts have been removed.

    5. Cocaine, or any salt, isomer, or salt of isomer thereof.

    6. Cocaine base.

    7. Ecgonine, or any derivative, salt, isomer, or salt of isomer thereof.

    8. Any compound, mixture, or preparation containing any quantity of any substance referred to in (a) through (g) of this subsection.

  34. "Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. The term includes opium, substances derived from opium (opium derivatives), and synthetic opiates. The term does not include, unless specifically designated as controlled under RCW 69.50.201, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). The term includes the racemic and levorotatory forms of dextromethorphan.

  35. "Opium poppy" means the plant of the species Papaver somniferum L., except its seeds.

  36. "Package" means a container that has a single unit or group of units.

  37. "Person" means individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.

  38. "Plant" has the meaning provided in RCW 69.51A.010.

  39. "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.

  40. "Practitioner" means:

    1. A physician under chapter 18.71 RCW; a physician assistant under chapter 18.71A RCW; an osteopathic physician and surgeon under chapter 18.57 RCW; an optometrist licensed under chapter 18.53 RCW who is certified by the optometry board under RCW 18.53.010 subject to any limitations in RCW 18.53.010; a dentist under chapter 18.32 RCW; a podiatric physician and surgeon under chapter 18.22 RCW; a veterinarian under chapter 18.92 RCW; a registered nurse, advanced practice registered nurse , or licensed practical nurse under chapter 18.79 RCW; a naturopathic physician under chapter 18.36A RCW who is licensed under RCW 18.36A.030 subject to any limitations in RCW 18.36A.040 and 18.36A.020; a pharmacist under chapter 18.64 RCW or a scientific investigator under this chapter, licensed, registered or otherwise permitted insofar as is consistent with those licensing laws to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of their professional practice or research in this state.

    2. 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.

    3. A physician licensed to practice medicine and surgery, a physician licensed to practice osteopathic medicine and surgery, a dentist licensed to practice dentistry, a podiatric physician and surgeon licensed to practice podiatric medicine and surgery, a licensed physician assistant or a licensed osteopathic physician assistant specifically approved to prescribe controlled substances by his or her state's medical commission or equivalent and his or her participating physician as defined in RCW 18.71A.010, an advanced practice registered nurse licensed to prescribe controlled substances, a naturopathic physician licensed to prescribe controlled substances, or a veterinarian licensed to practice veterinary medicine in any state of the United States.

  41. "Prescription" means an order for controlled substances issued by a practitioner duly authorized by law or rule in the state of Washington to prescribe controlled substances within the scope of his or her professional practice for a legitimate medical purpose.

  42. "Production" includes the manufacturing, planting, cultivating, growing, or harvesting of a controlled substance.

  43. "Qualifying patient" has the meaning provided in RCW 69.51A.010.

  44. "Recognition card" has the meaning provided in RCW 69.51A.010.

  45. "Retail outlet" means a location licensed by the board for the retail sale of cannabis concentrates, useable cannabis, and cannabis-infused products.

  46. "Secretary" means the secretary of health or the secretary's designee.

  47. "Social equity plan" means a plan that addresses at least some of the elements outlined in this subsection (47), along with any additional plan components or requirements approved by the board following consultation with the task force created in RCW 69.50.336. The plan may include:

    1. A statement that indicates how the cannabis licensee will work to promote social equity goals in their community;

    2. A description of how the cannabis licensee will meet social equity goals as defined in RCW 69.50.335;

    3. The composition of the workforce the licensee has employed or intends to hire; and

    4. Business plans involving partnerships or assistance to organizations or residents with connections to populations with a history of high rates of enforcement of cannabis prohibition.

  48. "State," unless the context otherwise requires, means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States.

  49. "THC concentration" means percent of tetrahydrocannabinol content of any part of the plant , or per volume or weight of cannabis product, or the combined percent of tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant regardless of moisture content.

  50. "Ultimate user" means an individual who lawfully possesses a controlled substance for the individual's own use or for the use of a member of the individual's household or for administering to an animal owned by the individual or by a member of the individual's household.

  51. "Unit" means an individual consumable item within a package of one or more consumable items in solid, liquid, gas, or any form intended for human consumption.

  52. "Useable cannabis" means dried cannabis flowers. The term "useable cannabis" does not include either cannabis-infused products or cannabis concentrates.

  53. "Youth access" means the level of interest persons under the age of twenty-one may have in a vapor product, as well as the degree to which the product is available or appealing to such persons, and the likelihood of initiation, use, or addiction by adolescents and young adults.


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