Md. Code Regs. 10.32.21.02

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.32.21.02 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Approved naturopathic medical program" means a naturopathic medical education program:

(a) In the United States that:

(i) Provides the degree of Doctor of Naturopathy or Doctor of Naturopathic Medicine;

(ii) Offers a 4-year graduate level full-time didactic and supervised clinical training;

(iii) Is accredited or has achieved candidacy status for accreditation, by the council on naturopathic medial education or an equivalent federally and Board recognized accrediting body for naturopathic medical education programs; and

(iv) Is 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) In a diploma-granting, degree-equivalent college or university in Canada that:

(i) Offers graduate level, full-time didactic and supervised clinical training; and

(ii) Is accredited, or has achieved candidacy status for accreditation, by the council of naturopathic medical education or an equivalent federally and Board recognized accrediting body for participation in government-funded student aid programs; or

(c) Has provincial approval for participation in government-funded student aid programs.

(2) "Articular manipulation" means manipulation of the joints up to but not including manipulation beyond the elastic limit and exclusive of low amplitude, high velocity thrusts, also known as Grade V manipulations.

(3) "Attestation" means a statement of intent.

(4) "Board" means the State Board of Physicians.

(5) "Central Repository" means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

(6) "Collaborate" means a cooperative relationship between naturopathic doctors and licensed physicians, which does not imply or create a supervisory relationship between the licensed physician and the naturopathic doctor.

(7) "Collaboration and consultation agreement" means an agreement whereby a naturopathic doctor and physician will collaborate and consult regarding a patient's care, but in which the:

(a) Patient does not enter the care of the consulted physician;

(b) Consultation does not create a physician-patient relationship; and

(c) Consulted physician does not direct patient care or engage directly in the care of the patient.

(8) "Committee" means the Naturopathic Medicine Advisory Committee.

(9) "Consult" or "consultation" means a process whereby a naturopathic doctor seeks the advice or opinion of a licensed or certified health care provider as needed in the treatment of a patient, which may include discussion of the:

(a) Patient's diagnosis;

(b) Differential diagnoses and diagnostic method;

(c) Current naturopathic treatment;

(d) Patient's response thus far to naturopathic treatment;

(e) Potential medical and other options outside the naturopathic doctors scope of practice that might benefit the patient;

(f) Patient's potential response to diagnostic and treatment options outside the naturopathic doctor's scope of practice; and

(g) Patient's expected prognosis.

(10) "Corrective and orthopedic gymnastics" means therapeutic exercises, stretching, and other movement therapies intended to promote healing and rehabilitation.

(11) "Criminal history records check" means the performance of both a State criminal history check by the Central Repository, and a national criminal history check by the Federal Bureau of Investigation.

(12) "Criminal history records information" means information provided by the criminal history records check regarding an applicant's criminal arrests, charges, and convictions, and the disposition of pending criminal charges.

(13) "Diagnostic imaging" includes, but is not limited to, X-ray, ultrasound, mammogram, bone densitometry, computed tomography (CT scans), magnetic resonance imaging (MRI scans), endoscopic exam, and all other forms of nuclear imaging.

(14) "Electromagnetic energy" means electric and magnetic energy administered through the use of a therapeutic device, including, but not limited to, transcutaneous electrical nerve stimulation, microcurrent electrical muscle stimulation, diathermy, infrared, ultra-violet treatments, and other devices which utilize electrical or magnetic force for therapeutic effect.

(15) "Electrotherapy" means treatment through application of electric energy administered through the use of therapeutic devices, including, but not limited to, transcutaneous electrical nerve stimulation, microcurrent electrical neuromuscular stimulation, and other devices which utilize electrical force for therapeutic effect.

(16) Goods.

(a) "Goods" means items that can be sold.

(b) "Goods" includes, but is not limited to, natural medicines referenced in Health Occupations Article, § 14-5 F-14(a)(3) and (4), Annotated Code of Maryland.

(17) Hydrotherapy.

(a) "Hydrotherapy" means external and internal applications of hot and cold water, ice, and steam for therapeutic purposes.

(b) "Hydrotherapy" includes, but is not limited to, hot or cold compresses, hydrocollator packs, hot or cold baths or showers involving the full body or specific body parts.

(18) "Licensed naturopathic doctor" means a naturopathic doctor who is licensed by the Board to practice naturopathic medicine.

(19) "Mechanical sciences of healing" means techniques and therapies which attempt to promote healing via mechanical or physical applications.

(20) "Mechanotherapy" means treatment by mechanical means including the use of durable medical and therapeutic devices.

(21) "Natural medicine" means medicine derived from mineral, animal, or botanical origin.

(22) "Naturopathic doctor" means an individual who practices naturopathic medicine.

(23) Naturopathic Medicine.

(a) "Naturopathic medicine" means the prevention, diagnosis, and treatment of human health conditions, injury, and disease using only patient education and naturopathic therapies and their therapeutic substances recognized by the council of naturopathic therapies and therapeutic substances recognized by the Council of Naturopathic Medical Education.

(b) "Naturopathic medicine" includes:

(i) Counseling;

(ii) The practice of the mechanical sciences of healing, including mechanotherapy, articular manipulations, corrective and orthopedic gymnastics, hydrotherapy, electrotherapy, and phototherapy; and

(iii) The practice of the material sciences of healing, including nutrition, phytotherapy, treatment by natural substances, and external applications.

(24) "Naturopathic musculoskeletal mobilization" means the treatment by manual and other mechanical means of all body tissues exclusive of high-velocity thrusts at or beyond the end range of normal joint motion.

(25) "Non-bona-fide treatment" means when:

(a) A naturopathic doctor treats or examines a patient in a way that involves sexual contact when there is no medical reason for the procedure; or

(b) The procedure falls outside a naturopathic doctor's scope of practice.

(26) "Phototherapy" means treatment through application of light, including visible light, ultraviolet light, infrared, natural sources of light, and artificial sources of light.

(27) Physiological Function Tests.

(a) "Physiological function tests" means all tests performed to assess and diagnose physiological processes in all bodily systems.

(b) "Physiological function tests" include, but are not limited to, respiratory testing, heart rate, percent body fat, body composition, and others, as consistent with naturopathic medical education.

(28) "Phytotherapy" means treatment by use of botanical medicines.

(29) "Prescription drug" means any drug defined in the federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 503(b), as amended, if the drug's label is required to bear the statement "Rx only".

(30) "Sexually exploitative relationship" means a naturopathic doctor taking advantage of an unequal relationship between the naturopathic doctor and patient, staff member, or student.

(31) "Therapeutic deception" means representation by a naturopathic doctor that sexual contact or sexual activity by or with a patient is consistent with or part of a patient's treatment.

Md. Code Regs. 10.32.21.02

Regulation .02 adopted effective 43:18 Md. R. 1017, eff. 9/12/2016; amended effective 44:17 Md. R. 835, eff. 8/28/2017