Board of Homeopathic and Integrated Medicine Examiners

Authority

The Board of Homeopathic and Integrated Medicine Examiners (Board) was first established in 1980. Current authority is found at A.R.S. §§32-2901 through 32-2951.

Function

Statute defines homeopathy as a system of medicine that employs homeopathic medication in accordance with the principle that a substance that produces symptoms in a healthy person can cure those symptoms in an ill person. The scope of practice of homeopathic medicine includes acupuncture, chelation therapy, homeopathy, minor surgery, neuromuscular integration, nutrition, orthomolecular therapy and pharmaceutical medicine (A.R.S. §32-2901). The Board regulates the practice of homeopathy, licenses qualified applicants and is authorized to take enforcement actions and disciplinary measures against licensees. The Board consists of seven members appointed by the Governor to three-year terms.

Ten percent of the monies collected by the Board is deposited into the state General Fund and the remaining ninety percent is deposited into the Board of Homeopathic and Integrated Medicine Examiners Fund, which is used for administration and enforcement purposes by the Board.

History

Laws 1980, Chapter 249 established the Board of Homeopathic Medical Examiners to promote the health, safety and welfare of the people of this state by providing for licensing and regulation of homeopathic physicians (Section 19, Purpose). The Board consisted of four homeopathic physicians and one lay person, appointed by the Governor to terms of three years.

The measure authorized the Board to conduct examinations for license applicants, enforce standards of practice and rules adopted by the Board, collect fees, maintain a record of its actions related to licensure and disciplinary actions, and maintain a roster of licensed homeopathic physicians. The measure outlined qualifications for licensure, including educational and examination requirements; established fees; defined unprofessional conduct; outlined regulations, disciplinary actions and a process for investigations and hearings; provided for judicial review; and classified violations as a class 2 misdemeanor. The measure also established the Board of Homeopathic Medical Examiners’ Fund and required ninety percent of monies received by the Board be deposited into the Fund and the remaining ten percent be deposited into the state General Fund. The provisions of the act became effective on July 1, 1981.

Laws 1984, Chapter 60 requires the Board to notify the State Board of Pharmacy if a homeopathic physician’s prescription writing privileges are modified.

Laws 1986, Chapter 119 modified disciplinary procedures, increased fees, and classified violation of laws regulating the practice of homeopathic medicine as a class 5 felony.

Laws 1989, Chapter 112 allowed a homeopathic physician to dispense prescription drugs and devices according to specific conditions and authorized the Board to enforce provisions related to dispensing practices. A second measure enacted in 1989 required the Board to adopt rules to regulate and establish qualifications for medical assistants. See Laws 1989, Chapter 275.

Laws 1995, Chapter 187 increased the number of Board members to six, adding a second public member; allowed the Board to appoint an executive director; modified application procedures; established maximum fees for each license; required the Board to publish a directory summarizing applicable rules and policy statements; provided for injunctive relief; and authorized the Board to establish a program for substance abuse and treatment rehabilitation for licensees.

In August 2007, the Arizona Auditor General issued a report entitled Performance and Sunset Review: Board of Homeopathic Medical Examiners, No. 07-07. The report includes a lengthy discussion of conventional and nontraditional medical practices and a history of regulation of homeopathic practice in Arizona. https://www.azauditor.gov/sites/default/files/07-07Report(link is external)

Laws 2007, Chapter 65 allowed the Board to issue a nondisciplinary order requiring a licensee to complete continuing education courses. This applied in cases where an investigation of an allegation was not serious enough to trigger a disciplinary action.

Laws 2008, Chapter 57 changed the name of the Board to “Board of Homeopathic and Integrated Medicine Examiners”; modified licensing requirements with regard to renewals, revocation and reinstatement; and established record keeping requirements.

In 2010, the House of Representatives Health and Human Services Committee of Reference (COR) and the Senate Healthcare and Medical Liability Reform COR met to consider a sunrise application submitted by the American Medical College of Homeopathy. “Sunrise review” is a legislative process, used to consider requests from health professions for legislation or for an expansion of scope of practice. The application requested establishment of a new type of license for a doctor of homeopathy. The COR recommended to forward the request to the full Legislature. See December 9, 2010 COR meeting minutes.

Laws 2011, Chapter 186 increased the number of members on the Board from six to seven, effective January 1, 2015. (Note: the effective date of the change to Board membership was extended to January 1, 2017 by Laws 2015, Chapter 155). The measure also established ‘doctor of homeopathy’ as a new licensing category and prescribed related scope of practice and regulatory procedures.

Laws 2015, Chapter 155 extended the effective date of the change to Board membership, made in 2011, and authorized the Board to establish a confidential treatment program for licensees. The measure also prohibited the Board from taking action on a complaint for unprofessional conduct or other violation that occurred more than seven years before the complaint was received by the Board, with certain exclusions. Note: the timeframe was changed to four years by Laws 2017, Chapter 191.

Laws 2017, Chapter 327 required potential board members, prior to appointment by the Governor, to submit a full set of fingerprints for the purpose of conducting a state and federal criminal records background check.

Laws 2019, Chapter 195 allowed the Board to authorize its executive director to issue licenses, certifications, registrations, preceptorships, reinstatements and waivers to eligible applicants who meet the requirements identified in the statute. In addition, the Board may issue temporary licenses of thirty days to qualified applicants who meet the statutory requirements and may adopt rules to carry out the new provisions.

A second enactment in 2019 requires the Board to regulate the unauthorized practice of the profession by investigating complaints and referring verified complaints to the county attorney or attorney general for prosecution. See Laws 2019, Chapter 227.

Sources

• Arizona Revised Statutes §§32-2901 through 32-2951
• Arizona Administrative Code (A.A.C.) §§R4-38-101
• Session Laws
  • Laws 1980, Chapter 249
  • Laws 1984, Chapter 60
  • Laws 1986, Chapter 119
  • Laws 1989, Chapter 112 and Chapter 275
  • Laws 1995, Chapter 187
  • Laws 2007, Chapter 65
  • Laws 2008, Chapter 57
  • Laws 2011, Chapter 186
  • Laws 2015, Chapter 155
  • Laws 2017, Chapter 191 and Chapter 327
  • Laws 2019, Chapter 195 and Chapter 227

Regulation of Health Professions (Sunrise process). See A.R.S. §§ 32-3101 et seq.

Senate Healthcare and Medical Liability Reform and House of Representatives Health and Human Services Committee of Reference for Sunrise Application by the American Medical College of Homeopathy, December 9, 2010.
State of Arizona Research Library LG 9.2:M 32/5/2010

Arizona Auditor General Performance and Sunset Review: Board of Homeopathic Medical Examiners, Report No. 07-07.

Performance audit, Board of Homeopathic Medical Examiners, Report No. 85-7.