Kark Eugene Harkins, 56, is charged in 3rd District Court with two counts of third-degree felony unlawful professional conduct, each of which is punishable by up to five years in prison.

The charges were filed after a female investigator with the Utah Division of Occupational and Professional Licensing made two undercover visits to Harkins in 2005 claiming she had been diagnosed with breast cancer and wanted a second opinion.

After an April 19 examination, Harkins stated he had found a "weakness" in the woman and identified a selection of herbs she could buy to correct the problem, according to charging documents.

When the undercover investigator returned on May 5, Harkins examined her again and discussed herb dosages and various dietary topics, according to charging documents.

The undercover investigator was given a business card that represented Harkins to be a "Doctor of Naturopathy," charges state.

In Harkins' office were diplomas from various naturopathic educational institutions, none of which is accredited by the Council of Naturopathic Medical Education, according to charges.

Harkins' assistant, Caley Steele, 36, also was charged with two counts of unlawful professional conduct because she participated in the two consultations with the undercover investigator.

But charges against Steele were dismissed Wednesday after a preliminary hearing because the judge found state licensing procedures did not apply because of her status as a subordinate.

Harkins is scheduled for arraignment on Feb. 5.

- Stephen Hunt