§14–5F–04.1.

    (a)    (1)    There is a Naturopathic Doctors Formulary Council within the Board.

        (2)    The Council consists of the following members:

            (i)    The Deputy Secretary of Public Health Services, or the Deputy Secretary’s designee; and

            (ii)    The following members, appointed by the Board:

                1.    Two individuals who:

                A.    Practice naturopathic medicine in the State;

                B.    Are certified by the North American Board of Naturopathic Examiners;

                C.    Have a minimum of 2 years experience; and

                D.    Are licensed naturopathic doctors;

                2.    Two licensed physicians who practice in the State;

                3.    One pharmacist who has a background in pharmacognosy and who practices in the State; and

                4.    One consumer.

        (3)    (i)    The term of an appointed member is 4 years.

            (ii)    At the end of a term, an appointed member continues to serve until a successor is appointed.

        (4)    A member of the Council:

            (i)    May not receive compensation as a member of the Council; but

            (ii)    Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

        (5)    The Board shall designate the chair of the Council.

        (6)    The Board shall provide staff for the Council.

    (b)    The Council shall:

        (1)    Develop and recommend to the Board a formulary for use by licensed naturopathic doctors;

        (2)    Annually review the formulary adopted by the Board under subsection (c) of this section to determine if any changes are necessary for compliance with current prescribing standards or the practice of naturopathic medicine;

        (3)    Otherwise review the formulary at the direction of the Board; and

        (4)    Make recommendations to the Board based on the reviews conducted under items (2) and (3) of this subsection.

    (c)    (1)    The Board shall adopt a formulary based on the recommendations of the Council made under subsection (b) of this section.

        (2)    The Board may modify or reject any recommendation of the Council regarding the formulary.

    (d)    (1)    The formulary adopted by the Board shall include:

            (i)    Nonprescription drugs and devices;

            (ii)    Prescription oxygen and auto–injectable epinephrine; and

            (iii)    Prescription diaphragms and cervical caps for contraception.

        (2)    The formulary may not include:

            (i)    Except as provided in paragraph (1)(ii) and (iii) of this subsection, prescription drugs or devices; or

            (ii)    Controlled substances.