An Act to Modernize the Formulary for Naturopathic Doctors
Maine Legislature, Session 132, LD 1128
Committee: Health Coverage, Insurance and Financial Services
Sponsors: JULIA, BEEBE-CENTER
Amends: 32 MRSA §12501, 32 MRSA §12522

Legislative Document
No. 1128
H.P. 747
House of Representatives, March 18, 2025
An Act to Modernize the Formulary for Naturopathic Doctors
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative JULIA of Waterville.
Cosponsored by Senator BEEBE-CENTER of Knox and
Representatives: ARCHER of Saco, FLYNN of Albion, MONTELL of Gardiner, ROEDER of 
Bangor, ROLLINS of Augusta, SHAGOURY of Hallowell.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  32 MRSA §12501, sub-§7, as enacted by PL 1995, c. 671, §13, is repealed.
Sec. 2.  32 MRSA §12522, as enacted by PL 1995, c. 671, §13, is amended to read:
§12522.  Scope of practice
1.  Medicines and therapies.  A naturopathic doctor may use and order for 
preventative and therapeutic purposes the following natural medicines and therapies: food, 
food extracts, vitamins, minerals, enzymes, digestive aids, whole gland thyroid and other 
natural hormones, plant substances, all homeopathic preparations, immunizations, 
counseling, hypnotherapy, biofeedback, dietary therapy, naturopathic manipulative 
therapy, naturopathic physical medicine, therapeutic devices, barrier devices for 
contraception and office procedures.  Naturopathic doctors may also prescribe medications, 
including natural antibiotics and topical medicines, within the limitations set forth in 
subsection 4.  This subsection may not be construed to prevent an individual other than a 
naturopathic doctor from using, ordering or recommending any of the above listed items as 
long as the individual is not prohibited from doing so by any other federal or state statute 
or regulation.
2.  Diagnostic procedures.  A naturopathic doctor may use physical examinations for 
diagnostic purposes including phlebotomy, clinical laboratory tests, speculum 
examinations and physiological function tests, excluding all endoscopies and physiological 
function tests requiring infusion, injection, inhalation or ingestion of medications to 
perform tests.  A naturopathic doctor may order diagnostic imaging, including ultrasound, 
x-ray and electrocardiogram tests, but must refer to an appropriate licensed health care 
professional for conducting and interpreting the tests.
3.  Other devices and procedures.  A naturopathic doctor may prescribe therapeutic 
devices or use noninvasive diagnostic procedures commonly used by allopathic or 
osteopathic physicians in general practice.
4.  Prescriptive authority.  Naturopathic As provided in this subsection, naturopathic 
doctors have a limited scope of prescriptive authority and may use, prescribe and dispense 
nonlegend agents of vitamin, plant, animal and mineral origin.
A.  A naturopathic doctor may prescribe nonprescription medications without 
limitation.
B.  A naturopathic doctor may only prescribe noncontrolled legend drugs from the 
following categories:  homeopathic remedies, vitamins and minerals, hormones, local 
anesthesia and immunizations, except for testosterone, that are designated in a 
formulary adopted by rule by a formulary subcommittee of the board consisting of the 
naturopathic members, the pharmacist member and the allopathic or osteopathic 
physician member, as consistent with a naturopathic doctor's education and training.  
A naturopathic doctor may not prescribe psychotropic medications pursuant to 
subsection 6. In accordance with this paragraph and subsection 6, the rule designating 
the formulary from which a naturopathic doctor may prescribe noncontrolled legend 
drugs must be updated by the formulary subcommittee at least every 2 years. 
Notwithstanding section 12506, rules designating the formulary adopted on or after 
January 1, 2028 are routine technical rules as defined in Title 5, chapter 375, subchapter 
2-A.
C.  Prior to independently prescribing noncontrolled legend drugs, a naturopathic 
doctor shall establish and complete a 12-month collaborative relationship with a 
licensed allopathic or osteopathic physician to review the naturopathic doctor's 
prescribing practices.  The board shall further define the terms of the collaborative 
relationship by rule.
5.  Prohibition.  A naturopathic doctor may not:
A.  Prescribe, dispense or administer any substance or device identified in Schedule I, 
II, III, IV or V, except testosterone, as described in the federal Controlled Substance 
Act, 21 United States Code, Sections 801 to 971 (1988), or any controlled substances 
or devices;
B.  Perform surgical procedures except those office procedures authorized by this 
chapter;
C.  Practice emergency medicine except when a good Samaritan rendering gratuitous 
services in the case of emergency and except for the care of minor injuries; or
D.  Practice or claim to practice medicine and surgery, osteopathy, dentistry, podiatry, 
optometry, chiropractic, physical therapy or any other system or method of treatment 
not authorized in this chapter.
6.  Formulary subcommittee.  The formulary for a naturopathic doctor must be 
designated by a formulary subcommittee of the board in accordance with the following.
A.  The formulary subcommittee consists of the following members:
(1)  Two naturopathic doctors who are members of the board, appointed by the 
board;
(2)  One licensed allopathic or osteopathic physician, appointed jointly by the 
Board of Licensure in Medicine and the Board of Osteopathic Licensure;
(3)  One licensed pharmacist, appointed by the Maine Board of Pharmacy; and
(4)  One member who has an advanced degree in pharmacology or pharmacognosy, 
appointed by the other subcommittee members.
B.  Formulary subcommittee members must be appointed for 3-year terms. A 
subcommittee member may serve until a successor is appointed. If a vacancy occurs 
during a 3-year term, the newly appointed subcommittee member shall serve until the 
term expires.
C.  The chair of the formulary subcommittee must be one of the naturopathic members 
appointed in paragraph A, subparagraph (1). The subcommittee shall meet at the call 
of the chair. Three members of the subcommittee constitute a quorum. Staff of the 
board shall provide administrative support to the subcommittee and keep minutes of 
subcommittee meetings.
D.  The formulary subcommittee shall determine the substances to be included in the 
formulary that may be prescribed by a naturopathic doctor and shall review and update 
the formulary at least every 2 years.  Immediately upon adoption or revision of the 
formulary by the subcommittee, the subcommittee shall submit the approved formulary 
to the board for adoption by rule.
(1)  The formulary subcommittee shall review requests for additions to the 
formulary in order to determine whether the addition is appropriate for the practice 
of naturopathic medicine.
(2)  Upon request, the formulary subcommittee may consider synthetically 
produced substances and their salts having identical or substantially identical 
molecular structure to a plant or animal substance to be naturally occurring plant 
or animal substances.
(3)  Any person requesting a change to the formulary shall complete and submit a 
form to the formulary subcommittee, including the name and mailing address of 
the requester; the license number of the requester, if applicable; whether the request 
is to add or remove a drug from the formulary; the name and class of the drug; 
whether the drug is a noncontrolled legend drug; the route and mechanism of 
administration; an explanation of how the drug complies with the scope of practice 
of a naturopathic doctor; an explanation of the identical or functional similarity of 
the drug to a naturally occurring substance; and an explanation of how the drug 
functions similarly to a naturally occurring substance.
Sec. 3. Board of Complementary Health Care Providers to adopt rules.  No 
later than January 1, 2026, as authorized by the Maine Revised Statutes, section 12522, 
subsection 4, paragraph B, the formulary subcommittee of the Board of Complementary 
Health Care Providers shall update the formulary for naturopathic doctors and the Board 
of Complementary Health Care Providers shall adopt the formulary by rule. In updating 
the formulary, the formulary subcommittee shall develop the formulary in a manner that is 
substantially similar to the formulary that has been adopted by New Hampshire’s Council 
on Doctors of Naturopathic Medicine Formulary, in effect as of January 1, 2025.
SUMMARY
This bill requires that the rules related to the prescriptive authority of naturopathic 
doctors must be updated by a formulary subcommittee of the Board of Complementary 
Health Care Providers at least every 2 years and establishes requirements for the 
subcommittee. The bill requires that the formulary subcommittee update the formulary and 
that the board adopt the rule designating the formulary no later than January 1, 2026 in a 
manner that is substantially similar to the formulary that has been adopted by New 
Hampshire’s Council on Doctors of Naturopathic Medicine Formulary, in effect as of 
January 1, 2025.