§ 43-58-08 — Practice of naturopathic health care

1. A naturopath may practice naturopathic medicine as a limited practice of the healing
arts as exempted under section 43-17-02. A naturopath may not:
a. Prescribe, dispense, or administer any prescription drug without obtaining a
license endorsement under this chapter;
b. Administer ionizing radioactive substances for therapeutic purposes;
c. Perform a surgical procedure; or
d. Claim to practice any licensed health care profession or system of treatment
other than naturopathic medicine unless holding a separate license in that
profession. A naturopath may not hold out to the public that the naturopath is a
primary care provider.
2. A naturopath may prescribe and administer for preventive and therapeutic purposes a
prescriptive device and the following nonprescriptive natural therapeutic substances,
drugs, and therapies:
a. Food, vitamins, minerals, dietary supplements, enzymes, botanical medicines,
and homeopathic preparations;
b. Topical drugs, health care counseling, nutritional counseling and dietary therapy,
naturopathic physical applications, and therapeutic devices; and
c. Barrier devices for contraception.
3. A naturopath:
a. May prescribe, dispense, administer, and procure drugs and medical devices as
authorized under this chapter.
b. May plan and initiate a therapeutic regimen of ordering and prescribing
nonpharmacological interventions.
c. May not prescribe or dispense schedule I through V substances as designated by
the federal drug enforcement administration except for testosterone and may
prescribe and dispense all other legend drugs authorized by a formulary
approved by the board and set forth in rule.
d. May not dispense a drug as authorized under this chapter unless pharmacy
services are not available or if an emergency exists.
e. May request, receive, and sign for a professional sample of a drug authorized to
be prescribed under this chapter and may distribute the sample to a patient.
f. If prescribing or dispensing a drug as authorized by this chapter, shall register, if
appropriate, with the federal drug enforcement administration and shall comply
with appropriate state and federal laws, including participating in the prescription
drug monitoring program under chapter 19-03.5.
4. A naturopath may perform or order for diagnostic purposes a physical or orificial
examination, ultrasound, phlebotomy, clinical laboratory test or examination,
physiological function test, and any other noninvasive diagnostic procedure commonly
used by physicians in general practice and as authorized by the board.