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 licensure
that 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
