Section 328-E:5 Exemptions.


   I. Nothing in this chapter shall be construed to prohibit or to restrict:
      (a) The practice of a profession by individuals who are licensed, certified, or registered under other laws of this state who are performing services within their authorized scope of practice.
      (b) The practice of naturopathic medicine by an individual employed by the government of the United States while the individual is engaged in the performance of duties prescribed by the laws and regulations of the United States.
      (c) The practice by a doctor of naturopathic medicine duly registered or licensed in another state, territory, or the District of Columbia when incidentally called into this state for consultation with a licensed physician.
      (d) The practice of naturopathic medicine by students enrolled in an approved naturopathic medical college. 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 doctor of naturopathic medicine licensed pursuant to this chapter.
      (e) Residents of this state who are of legal majority and who have held themselves out as a naturopath or a doctor of naturopathic medicine prior to July 1, 1991, from being licensed under this chapter if they:
         (1) Are not licensed, certified, or registered as a health care provider under any other law of this state.
         (2) Derive the majority of their earned income from the practice of naturopathic medicine in New Hampshire.
         (3) Apply for a license in a manner prescribed by the board on or before March 1, 1998.
      (f) The treatment of the sick or suffering by spiritual means through prayer alone in accordance with the tenets and practices of an established church or religious denomination.
      (g) Any individual rendering aid in an emergency, when no fee or other consideration for the service is charged, received, expected, or contemplated.
      (h) Any individual administering a domestic or family remedy.
      (i) Any person engaged in the sale of vitamins, health foods, dietary supplements, and other products of nature, the sale of which is not otherwise prohibited under state or federal law, as long as such person is not diagnosing any human disease, ailment, injury, or other condition.
   II. Persons licensed pursuant to RSA 328-E:5, I(e) shall:
      (a) Be subject to all eligibility requirements to practice naturopathic medicine pursuant to RSA 328-E:9, except that they shall be exempt from RSA 328-E:9, I(a).
      (b) Practice naturopathic medicine within a scope of practice which reflects the limits of their training and experience as determined and approved by the board.

Source. 1994, 392:1. 1997, 170:1, 2, eff. June 9, 1997.