Idaho Act
May 3, 2005
Governor Dirk Kempthorne
Office of the Governor
700 West Jefferson, 2nd Floor
P.O. Box 83720
Boise, Idaho 83720-0034
RE: State of Idaho Naturopathic Physicians Licensing Act SB1158
Dear Governor Kempthorne:
Thank you for graciously acknowledging in your statutes the eminent right of the two branches of naturopathic medicine to each use their designated title. Nevertheless, it is somewhat discomforting to know that the State of Idaho has established educational standards for the branch of medicine of traditional naturopathy designated by the title Doctor of Naturopathy, N.D., although, they lack jurisdiction over this discipline. The process of regulation is embodied in the issuance of a license; if a license cannot be obtained to practice this discipline it is deemed unregulated; therefore, it is not within the jurisdiction of the state. The Naturopathic National Council Inc. has licensing jurisdiction over this discipline; therefore, its internal policies and regulations concerning educational standards for this branch of medicine will be set by this organization.
The Naturopathic National Council, Inc. has the authority under the Constitution of the United States, the supreme law of the land, to regulate the branch of medicine of traditional naturopathy. According to the Tenth Amendment to the United States Constitution “Powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or the people.” In light of the Tenth Amendment to the United States Constitution if the right to regulate a profession is not delegated to the federal government, it is then a right reserved to the states or the people. Therefore, the right to license a profession is not an exclusive right of the state. If the state does not assume the power to regulate a profession by licensurethat power is transferred to the people; therefore the state relinquishes its right to be the competent authority to regulate the standards within the unregulated profession. The authority to regulate the standards of the profession is then within the jurisdiction of a national association such as the Naturopathic National Council, Inc.
Enclosed is a copy of the regulations set by the Naturopathic National Council, Inc. for the Naturopathic Physicien.
Sincerely,
Beverly Betancur, N.D.
Chief Executive Officer
Cc: Courtesy copy to all states
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