As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 630A.015
to 630A.075 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1983, 1478)
“Advanced practitioner of homeopathy” means a person who has:
1. Complied with all of the requirements set forth in this chapter
and the regulations adopted by the Board for advanced practitioners of
homeopathy; and
2. Received from the Board a certificate as an advanced
practitioner of homeopathy.
(Added to NRS by 1995, 2796)
“Board” means the Board of
Homeopathic Medical Examiners.
(Added to NRS by 1983, 1478)
“Gross malpractice”
means malpractice where the failure to exercise the requisite degree of
care, diligence or skill consists of:
1. Ministering to a patient while the homeopathic physician is
under the influence of alcohol or any controlled substance.
2. Gross negligence.
3. Willful disregard of homeopathic medical procedures.
4. Willful and consistent use of homeopathic medical procedures,
services or treatment considered by homeopathic physicians in the
community to be inappropriate or unnecessary in the cases where used.
(Added to NRS by 1983, 1478; A 1987, 1555)
“Homeopathic
assistant” means a person who is a graduate of an academic program
approved by the Board or who, by general education, practical training
and experience determined to be satisfactory by the Board, is qualified
to perform homeopathic services under the supervision of a supervising
homeopathic physician and who has been issued a certificate as a
homeopathic assistant by the Board.
(Added to NRS by 1995, 2796)
“Homeopathic medicine” or “homeopathy” means a system of medicine
employing substances of animal, vegetable, chemical or mineral origin,
including:
1. Nosodes and sarcodes, which are:
(a) Given in micro-dosage, except that sarcodes may be given in
macro-dosage;
(b) Prepared according to homeopathic pharmacology by which the
formulation of homeopathic preparations is accomplished by the methods of
Hahnemannian dilution and succussion or magnetically energized geometric
patterns applicable in potencies above 30X, as defined in the official
Homeopathic Pharmacopoeia of the United States; and
(c) Prescribed by homeopathic physicians or advanced practitioners
of homeopathy according to the medicines and dosages in the Homeopathic
Pharmacopoeia of the United States,
Ê in accordance with the principle that a substance which produces
symptoms in a healthy person can eliminate those symptoms in an ill
person.
2. Noninvasive electrodiagnosis, cell therapy, neural therapy,
herbal therapy, neuromuscular integration, orthomolecular therapy and
nutrition.
(Added to NRS by 1983, 1479; A 1987, 2056; 1995, 2798; 1997, 1417)
“Homeopathic
physician” means a person who has:
1. Complied with all of the requirements set forth in this chapter
and the regulations adopted by the Board for the practice of homeopathic
medicine; and
2. Received from the Board a license to practice homeopathic
medicine.
(Added to NRS by 1983, 1479; A 1985, 309; 1987, 2056)
“Malpractice” means failure
on the part of a homeopathic physician to exercise the degree of care,
diligence and skill ordinarily exercised by homeopathic physicians in
good standing in the community in which he practices. As used in this
section, “community” embraces the entire area customarily served by
homeopathic physicians among whom a patient may reasonably choose, not
merely the particular area inhabited by the patients of that individual
physician or the particular city or place where he has his office.
(Added to NRS by 1983, 1479)
“Professional
incompetence” means lack of ability safely and skillfully to practice
homeopathic medicine, or to practice one or more specified branches of
homeopathic medicine, arising from:
1. Lack of knowledge or training.
2. Impaired physical or mental capability of the homeopathic
physician.
3. Indulgence in the use of alcohol or any controlled substance.
4. Any other sole or contributing cause.
(Added to NRS by 1983, 1479)
“Supervising homeopathic physician” means an active homeopathic
physician licensed in the State of Nevada who employs and supervises a
homeopathic assistant or an advanced practitioner of homeopathy.
(Added to NRS by 1995, 2796)
The purpose of
licensing homeopathic physicians is to protect the public health and
safety and the general welfare of the people of this State. Any license
issued pursuant to this chapter is a revocable privilege and no holder of
such a license acquires thereby any vested right.
(Added to NRS by 1983, 1479)
1. Except as otherwise provided in NRS 630A.800 to 630A.910 , inclusive, this chapter does not apply to:
(a) The practice of dentistry, chiropractic, Oriental medicine,
podiatry, optometry, respiratory care, faith or Christian Science
healing, nursing, veterinary medicine or fitting hearing aids.
(b) A medical officer of the Armed Services or a medical officer of
any division or department of the United States in the discharge of his
official duties.
(c) Licensed or certified nurses in the discharge of their duties
as nurses.
(d) Homeopathic physicians who are called into this State, other
than on a regular basis, for consultation or assistance to any physician
licensed in this State, and who are legally qualified to practice in the
state or country where they reside.
2. This chapter does not repeal or affect any statute of Nevada
regulating or affecting any other healing art.
3. This chapter does not prohibit:
(a) Gratuitous services of a person in case of emergency.
(b) The domestic administration of family remedies.
4. This chapter does not authorize a homeopathic physician to
practice medicine, including allopathic medicine, except as otherwise
provided in NRS 630A.040 .
(Added to NRS by 1983, 1480; A 1985, 1033; 1987, 2057; 1991, 1126;
1995, 1792; 1997, 1418; 2005, 2526 )
BOARD OF HOMEOPATHIC MEDICAL EXAMINERS
The Board
of Homeopathic Medical Examiners consists of seven members appointed by
the Governor. After the initial terms, the term of office of each member
is 4 years.
(Added to NRS by 1983, 1480; A 1985, 12, 1034)
1. Three members of the Board must be persons who are licensed to
practice allopathic or osteopathic medicine in any state or country, the
District of Columbia or a territory or possession of the United States,
have been engaged in the practice of homeopathic medicine in this State
for a period of more than 2 years preceding their respective
appointments, are actually engaged in the practice of homeopathic
medicine in this State and are residents of the State.
2. One member of the Board must be a person who has resided in
this State for at least 5 years and who represents the interests of
persons or agencies that regularly provide health care to patients who
are indigent, uninsured or unable to afford health care. This member may
be licensed under the provisions of this chapter.
3. The remaining three members of the Board must be persons who:
(a) Are not licensed in any state to practice any healing art;
(b) Are not the spouse or the parent or child, by blood, marriage
or adoption, of a person licensed in any state to practice any healing
art;
(c) Are not actively engaged in the administration of any medical
facility or facility for the dependent as defined in chapter 449 of NRS;
(d) Do not have a pecuniary interest in any matter pertaining to
such a facility, except as a patient or potential patient; and
(e) Have resided in this State for at least 5 years.
4. The members of the Board must be selected without regard to
their individual political beliefs.
5. As used in this section, “healing art” means any system,
treatment, operation, diagnosis, prescription or practice for the
ascertainment, cure, relief, palliation, adjustment or correction of any
human disease, ailment, deformity, injury, or unhealthy or abnormal
physical or mental condition for the practice of which long periods of
specialized education and training and a degree of specialized knowledge
of an intellectual as well as physical nature are required.
(Added to NRS by 1983, 1480; A 1985, 1034, 1766; 1987, 2057; 2003,
1190 )
1. Upon expiration of his term of office, a member shall continue
to serve until a person qualified under this chapter is appointed as his
successor.
2. A member of the Board may be removed by the Governor for good
cause. The Governor shall appoint a person qualified under this chapter
to replace a removed member for the remainder of the unexpired term.
(Added to NRS by 1983, 1481; A 1985, 1034; 1987, 2058)
Before entering upon the duties of
his office, each member of the Board shall take:
1. The constitutional oath or affirmation of office; and
2. An oath or affirmation that he is legally qualified to serve on
the Board.
(Added to NRS by 1983, 1481; A 1987, 2058)
1. The Board shall elect from its members a President, a Vice
President and a Secretary-Treasurer. The officers of the Board hold their
respective offices during its pleasure.
2. The Board shall receive through its Secretary-Treasurer
applications for the certificates issued under this chapter.
3. The Secretary-Treasurer is entitled to receive a salary, in
addition to the salary paid pursuant to NRS 630A.160 , the amount of which must be determined by
the Board.
(Added to NRS by 1983, 1481; A 1987, 2058)
1. The Board shall meet at least twice annually and may meet at
other times on the call of the President or a majority of its members.
2. A majority of the Board constitutes a quorum to transact all
business.
(Added to NRS by 1983, 1481)
The Board shall:
1. Regulate the practice of homeopathic medicine in this State and
any activities that are within the scope of such practice, to protect the
public health and safety and the general welfare of the people of this
State.
2. Determine the qualifications of, and examine, applicants for
licensure or certification pursuant to this chapter, and specify by
regulation the methods to be used to check the background of such
applicants.
3. License or certify those applicants it finds to be qualified.
4. Investigate and, if required, hear and decide in a manner
consistent with the provisions of chapter 622A of NRS all complaints made against any homeopathic
physician, advanced practitioner of homeopathy, homeopathic assistant or
any agent or employee of any of them, or any facility where the primary
practice is homeopathic medicine. If a complaint concerns a practice
which is within the jurisdiction of another licensing board or any other
possible violation of state law, the Board shall refer the complaint to
the other licensing board.
5. Supervise the Nevada Institutional Review Board created by NRS
630A.865 , including, without
limitation, approving or denying the regulations adopted by the Nevada
Institutional Review Board.
6. Submit an annual report to the Legislature and make
recommendations to the Legislature concerning the enactment of
legislation relating to alternative and complementary integrative
medicine, including, without limitation, homeopathic medicine.
(Added to NRS by 1997, 1417; A 2005, 759 , 2526 )
1. Out of the money coming into the possession of the Board, each
member of the Board is entitled to receive:
(a) A salary of not more than $80 per day, as fixed by the Board,
while engaged in the business of the Board; and
(b) A per diem allowance and travel expenses at a rate fixed by the
Board, while engaged in the business of the Board. The rate must not
exceed the rate provided for state officers and employees generally.
2. While engaged in the business of the Board, each employee of
the Board is entitled to receive a per diem allowance and travel expenses
at a rate fixed by the Board. The rate must not exceed the rate provided
for state officers and employees generally.
3. Expenses of the Board and the expenses and salaries of the
members and employees of the Board must be paid from the fees received by
the Board pursuant to the provisions of this chapter. Except as otherwise
provided in subsection 6, no part of the salaries or expenses of the
members of the Board may be paid out of the State General Fund.
4. All money received by the Board must be deposited in financial
institutions in this State that are federally insured or insured by a
private insurer approved pursuant to NRS 678.755 .
5. In a manner consistent with the provisions of chapter 622A
of NRS, the Board may delegate to a hearing
officer or panel its authority to take any disciplinary action pursuant
to this chapter, impose and collect administrative fines, court costs and
attorney’s fees therefor and deposit the money therefrom in financial
institutions in this State that are federally insured or insured by a
private insurer approved pursuant to NRS 678.755 .
6. If a hearing officer or panel is not authorized to take
disciplinary action pursuant to subsection 5, the Board shall deposit the
money collected from the imposition of administrative fines, court costs
and attorney’s fees with the State Treasurer for credit to the State
General Fund. The Board may present a claim to the State Board of
Examiners for recommendation to the Interim Finance Committee if money is
needed to pay attorney’s fees or the costs of an investigation, or both.
(Added to NRS by 1983, 1481; A 1987, 2058; 1989, 1696; 1995, 2798;
1999, 1530 ; 2005, 760 )
1. The Board shall procure a seal.
2. All licenses and certificates issued by the Board must bear the
seal of the Board and the signatures of its President and
Secretary-Treasurer.
(Added to NRS by 1983, 1481; A 1995, 2799; 1997, 675, 1622)
A person shall not use the seal,
the designation of the Board or any license or certificate issued by the
Board or any imitation thereof in any way not authorized by this chapter
or the regulations of the Board.
(Added to NRS by 1995, 2798)
The Board shall operate on the basis of
a fiscal year commencing on July 1 and terminating on June 30.
(Added to NRS by 1983, 1481)
The Board may:
1. Maintain offices in as many localities in the State as it finds
necessary to carry out the provisions of this chapter.
2. Employ attorneys, investigators, hearing officers, experts,
administrators, consultants and clerical personnel necessary to the
discharge of its duties.
(Added to NRS by 1983, 1481; A 1987, 2058)
The Board may adopt such regulations as
are necessary or desirable to enable it to carry out the provisions of
this chapter.
(Added to NRS by 1983, 1481)
1. In a manner consistent with the provisions of chapter 622A
of NRS, the Board may hold hearings and
conduct investigations relating to its duties under this chapter and take
evidence on any matter under inquiry before the Board. The
Secretary-Treasurer of the Board or, in his absence, any member of the
Board may administer oaths to any witness appearing before the Board. The
Secretary-Treasurer or President of the Board may issue subpoenas to
compel the attendance of witnesses and the production of books, medical
records, X-ray photographs and other papers. The Secretary-Treasurer,
President or other officer of the Board shall sign the subpoena on behalf
of the Board.
2. If any person fails to comply with a subpoena issued by the
Board, the Secretary-Treasurer or President of the Board may petition the
district court for an order of the court compelling compliance with the
subpoena.
3. Upon such a petition, the court shall enter an order directing
the person subpoenaed to appear before the court at a time and place to
be fixed by the court in its order, the time to be not more than 10 days
from the date of the order, and then and there show cause why he has not
complied with the subpoena. A certified copy of the order must be served
upon that person.
4. If it appears to the court that the subpoena was regularly
issued by the Board, the court shall enter an order compelling compliance
with the subpoena, and upon failure to obey the order the person must be
dealt with as for contempt of court.
(Added to NRS by 1983, 1481; A 1987, 2059; 2005, 760 )
LICENSING AND CERTIFICATION
1. It is unlawful for any person:
(a) To practice homeopathic medicine;
(b) To hold himself out as qualified to practice homeopathic
medicine; or
(c) To use in connection with his name the words or letters
“H.M.D.” or any other title, word, letter or other designation intended
to imply or designate him as a practitioner of homeopathic medicine,
Ê in this State without first obtaining a license so to do as provided in
this chapter.
2. A physician licensed pursuant to this chapter who holds a
degree such as doctor of medicine or doctor of osteopathy may identify
himself by that degree or its appropriate abbreviation, but unless he is
also licensed pursuant to chapter 630 or 633
of NRS must further identify himself by the
words “practitioner of homeopathic medicine” or their equivalent.
(Added to NRS by 1983, 1482; A 1985, 309, 1035)
1. The Board shall not issue a license to practice homeopathic
medicine to an applicant who has been licensed to practice any type of
medicine in another jurisdiction and whose license was revoked for gross
medical negligence by that jurisdiction.
2. The Board may revoke the license of any person licensed to
practice any type of medicine in another jurisdiction which was revoked
for gross medical negligence by that jurisdiction.
3. The revocation of a license to practice any type of medicine in
another jurisdiction on grounds other than grounds which would constitute
revocation for gross medical negligence constitutes grounds for
initiating disciplinary action or denying the issuance of a license.
4. For the purposes of this section, the Board shall adopt by
regulation a definition of gross medical negligence.
(Added to NRS by 1991, 1070)
1. Every person desiring to practice homeopathic medicine must,
before beginning to practice, procure from the Board a license
authorizing such practice.
2. Except as otherwise provided in NRS 630A.225 , a license may be issued to any person who:
(a) Is a citizen of the United States or is lawfully entitled to
remain and work in the United States;
(b) Has received the degree of doctor of medicine or doctor of
osteopathic medicine from the school he attended during the 2 years
immediately preceding the granting of the degree;
(c) Is licensed to practice allopathic or osteopathic medicine in
any state or country, the District of Columbia or a territory or
possession of the United States;
(d) Has completed 1 year of postgraduate training in allopathic or
osteopathic medicine approved by the Board;
(e) Has passed all oral or written examinations required by the
Board or this chapter; and
(f) Meets additional requirements established by the Board.
(Added to NRS by 1983, 1482; A 1985, 310, 1035; 1987, 2059; 1991,
1070)
1. An applicant for a license to practice homeopathic medicine who
is a graduate of a medical school located in the United States or Canada
shall submit to the Board, through its Secretary-Treasurer, proof that he
has received:
(a) The degree of doctor of medicine from a medical school which at
the time of his graduation was accredited by the Liaison Committee on
Medical Education or the Committee for the Accreditation of Canadian
Medical Schools, or the degree of doctor of osteopathic medicine from an
osteopathic school which at the time of his graduation was accredited by
the Bureau of Professional Education of the American Osteopathic
Association;
(b) One year of postgraduate training in allopathic or osteopathic
medicine approved by the Board; and
(c) Six months of postgraduate training in homeopathy.
2. In addition to the proofs required by subsection 1, the Board
may take such further evidence and require such other documents or proof
of qualification as in its discretion may be deemed proper.
3. If it appears that the applicant is not of good moral character
or reputation or that any credential submitted is false, the applicant
may be rejected.
(Added to NRS by 1983, 1482; A 1987, 2060)
Repealed. (See chapter 501, Statutes of Nevada 2005, at page
2818 .)
[Effective until the date of the repeal of the federal law
requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses
for child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings.]
1. In addition to any other requirements set forth in this chapter:
(a) An applicant for the issuance of a license to practice
homeopathic medicine, a certificate as an advanced practitioner of
homeopathy or a certificate as a homeopathic assistant shall include the
social security number of the applicant in the application submitted to
the Board.
(b) An applicant for the issuance or renewal of a license to
practice homeopathic medicine, a certificate as an advanced practitioner
of homeopathy or a certificate as a homeopathic assistant shall submit to
the Board the statement prescribed by the Division of Welfare and
Supportive Services of the Department of Health and Human Services
pursuant to NRS 425.520 . The statement
must be completed and signed by the applicant.
2. The Board shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the license or certificate; or
(b) A separate form prescribed by the Board.
3. A license to practice homeopathic medicine, a certificate as an
advanced practitioner of homeopathy or a certificate as a homeopathic
assistant may not be issued or renewed by the Board if the applicant:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Board shall
advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 1997, 2121; A 2005, 2715 , 2807 )
[Effective on the date of the repeal of the federal law
requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses
for child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings and expires by
limitation 2 years after that date.]
1. In addition to any other requirements set forth in this
chapter, an applicant for the issuance or renewal of a license to
practice homeopathic medicine, a certificate as an advanced practitioner
of homeopathy or a certificate as a homeopathic assistant shall submit to
the Board the statement prescribed by the Division of Welfare and
Supportive Services of the Department of Health and Human Services
pursuant to NRS 425.520 . The statement
must be completed and signed by the applicant.
2. The Board shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the license or certificate; or
(b) A separate form prescribed by the Board.
3. A license to practice homeopathic medicine, a certificate as an
advanced practitioner of homeopathy or a certificate as a homeopathic
assistant may not be issued or renewed by the Board if the applicant:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Board shall
advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 1997, 2121; A 2005, 2715 , 2716 , 2807 , effective on the date of the repeal of
the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings)
1. If required by the Board, an applicant for a license to
practice homeopathic medicine shall appear personally and pass an oral
examination.
2. The Board may employ specialists and other consultants or
examining services in conducting any examination required by the Board.
(Added to NRS by 1983, 1483; A 1987, 2060)
1. If an applicant fails in a first examination, he may be
reexamined after not less than 6 months.
2. If he fails in a second examination, he may not be reexamined
within less than 1 year after the date of the second examination. Before
taking a third examination, he shall furnish proof satisfactory to the
Board of 1 year of additional training in homeopathy after the second
examination.
3. If an applicant fails three consecutive examinations, he must
show the Board by clear and convincing evidence that extraordinary
circumstances justify permitting him to be reexamined again.
(Added to NRS by 1983, 1483; A 1987, 2061)
1. An applicant for a license to practice homeopathic medicine who
is a graduate of a foreign medical school shall submit to the Board
through its Secretary-Treasurer proof that he:
(a) Is a citizen of the United States, or that he is lawfully
entitled to remain and work in the United States;
(b) Has received the degree of doctor of medicine or its
equivalent, as determined by the Board, from a foreign medical school
recognized by the Educational Commission for Foreign Medical Graduates;
(c) Has completed 3 years of postgraduate training satisfactory to
the Board;
(d) Has completed an additional 6 months of postgraduate training
in homeopathic medicine;
(e) Has received the standard certificate of the Educational
Commission for Foreign Medical Graduates; and
(f) Has passed all parts of the Federation Licensing Examination,
or has received a written statement from the Educational Commission for
Foreign Medical Graduates that he has passed the examination given by the
Commission.
2. In addition to the proofs required by subsection 1, the Board
may take such further evidence and require such further proof of the
professional and moral qualifications of the applicant as in its
discretion may be deemed proper.
3. If the applicant is a diplomate of an approved specialty board
recognized by this Board, the requirements of paragraphs (c) and (d) of
subsection 1 may be waived by the Board.
4. Before issuance of a license to practice homeopathic medicine,
the applicant who presents the proof required by subsection 1 shall
appear personally before the Board and satisfactorily pass a written or
oral examination, or both, as to his qualifications to practice
homeopathic medicine.
(Added to NRS by 1983, 1483; A 1987, 2061)
The Board may, in its discretion,
license an applicant who holds a valid license or certificate issued to
him by the homeopathic medical examining board of the District of
Columbia or of any state or territory of the United States, if:
1. The legal requirements of the homeopathic medical examining
board were, at the time of issuing the license or certificate, in no
degree or particular less than those of this State at the time when the
license or certificate was issued.
2. The applicant is of good moral character and reputation.
3. The applicant passes an oral examination, where required by the
Board.
4. The applicant furnishes to the Board such other proof of
qualifications, professional or moral, as the Board may require.
(Added to NRS by 1983, 1484)
1. The Board may deny an application for a license to practice
homeopathic medicine for any violation of the provisions of this chapter
or the regulations adopted by the Board.
2. The Board shall notify an applicant of any deficiency which
prevents any further action on his application or results in the denial
of the application. The applicant may respond in writing to the Board
concerning any deficiency and, if he does so, the Board shall respond in
writing to the contentions of the applicant.
3. An unsuccessful applicant may appeal to the district court to
review the action of the Board within 30 days after the date of the
rejection of his application by the Board. Upon appeal the applicant has
the burden to show that the action of the Board is erroneous or unlawful.
4. The Board shall maintain records pertaining to applicants to
whom licenses have been issued or denied. The records must be open to the
public and must contain:
(a) The name of each applicant.
(b) The name of the school granting the diploma.
(c) The date of the diploma.
(d) The date of issuance or denial of the license.
(e) The business address of the applicant.
(Added to NRS by 1983, 1484; A 1985, 310; 1987, 2062)
1. The Board may grant a certificate as an advanced practitioner
of homeopathy to a person who has completed an educational program
designed to prepare him to:
(a) Perform designated acts of medical diagnosis;
(b) Prescribe therapeutic or corrective measures; and
(c) Prescribe substances used in homeopathic medicine.
2. An advanced practitioner of homeopathy may:
(a) Engage in selected medical diagnosis and treatment; and
(b) Prescribe substances which are contained in the Homeopathic
Pharmacopeia of the United States,
Ê pursuant to a protocol approved by a supervising homeopathic physician.
A protocol must not include, and an advanced practitioner of homeopathy
shall not engage in, any diagnosis, treatment or other conduct which he
is not qualified to perform.
3. As used in this section, “protocol” means a written agreement
between a homeopathic physician and an advanced practitioner of
homeopathy which sets forth matters including the:
(a) Patients which the advanced practitioner of homeopathy may
serve;
(b) Specific substances used in homeopathic medicine which the
advanced practitioner of homeopathy may prescribe; and
(c) Conditions under which the advanced practitioner of homeopathy
must directly refer the patient to the homeopathic physician.
(Added to NRS by 1995, 2796)
The Board shall adopt regulations:
1. Specifying the training, education and experience necessary for
certification as an advanced practitioner of homeopathy.
2. Delineating the authorized scope of practice of an advanced
practitioner of homeopathy.
3. Establishing the procedure for application for certification as
an advanced practitioner of homeopathy.
4. Establishing the duration, renewal and termination of
certificates for advanced practitioners of homeopathy.
5. Establishing requirements for the continuing education of
advanced practitioners of homeopathy.
6. Delineating the grounds respecting disciplinary actions against
advanced practitioners of homeopathy.
(Added to NRS by 1995, 2797; A 2005, 761 )
1. The Board may issue a certificate as a homeopathic assistant to
an applicant who is qualified under the regulations of the Board to
perform homeopathic services under the supervision of a supervising
homeopathic physician. The application for the certificate must be
cosigned by the supervising homeopathic physician, and the certificate is
valid only so long as that supervising homeopathic physician employs and
supervises the homeopathic assistant.
2. A homeopathic assistant may perform such homeopathic services
as he is authorized to perform under the terms of the certificate issued
to him by the Board, if the services are performed under the supervision
and control of the supervising homeopathic physician.
3. A supervising homeopathic physician shall not cosign for,
employ or supervise more than five homeopathic assistants at the same
time.
(Added to NRS by 1995, 2797)
The
Board shall adopt regulations regarding the certification of a
homeopathic assistant, including, but not limited to:
1. The educational and other qualifications of applicants.
2. The required academic program for applicants.
3. The procedures for applications for and the issuance of
certificates.
4. The tests or examinations of applicants by the Board.
5. The medical services which a homeopathic assistant may perform,
except that he may not perform those specific functions and duties
delegated or restricted by law to persons licensed as dentists,
chiropractors, podiatric physicians, optometrists or hearing aid
specialists under chapter 631 , 634 , 635 , 636 or 637A , respectively,
of NRS.
6. The duration, renewal and termination of certificates.
7. The grounds respecting disciplinary actions against homeopathic
assistants.
8. The supervision of a homeopathic assistant by a supervising
homeopathic physician.
9. The establishment of requirements for the continuing education
of homeopathic assistants.
(Added to NRS by 1995, 2797; A 2005, 761 )
1. Except as otherwise provided in NRS 630A.225 , the Board may:
(a) Issue a temporary license, to be effective not more than 6
months after issuance, to any homeopathic physician who is eligible for a
permanent license in this State and who also is of good moral character
and reputation. The purpose of the temporary license is to enable an
eligible homeopathic physician to serve as a substitute for some other
homeopathic physician who is licensed to practice homeopathic medicine in
this State, and who is absent from his practice for reasons deemed
sufficient by the Board. A temporary license issued under the provisions
of this paragraph is not renewable.
(b) Issue a special license to a licensed homeopathic physician of
another state to come into Nevada to care for or assist in the treatment
of his own patients in association with a physician licensed in this
State. A special license issued under the provisions of this paragraph is
limited to the care of a specific patient.
(c) Issue a restricted license for a specified period if the Board
determines the applicant needs supervision or restriction.
2. A person who is licensed pursuant to paragraph (a), (b) or (c)
of subsection 1 shall be deemed to have given his consent to the
revocation of the license at any time by the Board for any of the grounds
provided in NRS 630A.225 or 630A.340
to 630A.380 , inclusive.
(Added to NRS by 1983, 1484; A 1987, 2062; 1991, 1071)
1. Except as otherwise provided in NRS 630A.225 , the Board may issue to a qualified
applicant a limited license to practice homeopathic medicine as a
resident homeopathic physician in a postgraduate program of clinical
training if:
(a) The applicant is a graduate of an accredited medical school in
the United States or Canada or is a graduate of a foreign medical school
recognized by the Educational Commission for Foreign Medical Graduates
and:
(1) Is a citizen of the United States or is lawfully
entitled to remain and work in the United States; and
(2) Has completed 1 year of supervised clinical training
approved by the Board.
(b) The Board approves the program of clinical training, and the
medical school or other institution sponsoring the program provides the
Board with written confirmation that the applicant has been appointed to
a position in the program.
2. In addition to the requirements of subsection 1, an applicant
who is a graduate of a foreign medical school must have received the
standard certificate of the Educational Commission for Foreign Medical
Graduates.
3. The Board may issue this limited license for not more than 1
year, but may renew the license.
4. The holder of this limited license may practice homeopathic
medicine only in connection with his duties as a resident physician and
shall not engage in the private practice of homeopathic medicine.
5. A limited license granted under this section may be revoked by
the Board at any time for any of the grounds set forth in NRS 630A.225
or 630A.340 to 630A.380 , inclusive.
(Added to NRS by 1983, 1484; A 1985, 1035; 1987, 2063; 1991, 1071)
1. To renew a license other than a temporary, special or limited
license issued pursuant to this chapter, each person must, on or before
January 1 of each year:
(a) Apply to the Board for renewal;
(b) Pay the annual fee for renewal set by the Board;
(c) Submit evidence to the Board of his completion of the
requirements for continuing education; and
(d) Submit all information required to complete the renewal.
2. The Board shall, as a prerequisite for the renewal or
restoration of a license other than a temporary, special or limited
license, require each holder of a license to comply with the requirements
for continuing education adopted by the Board.
3. Any holder who fails to pay the annual fee for renewal and
submit all information required to complete the renewal after they become
due must be given a period of 60 days in which to pay the fee and submit
all required information and, failing to do so, automatically forfeits
his right to practice homeopathic medicine, and his license to practice
homeopathic medicine in this State is automatically suspended. The holder
may, within 2 years after the date his license is suspended, apply for
the restoration of his license.
4. The Board shall notify any holder whose license is
automatically suspended pursuant to subsection 3 and send a copy of the
notice to the Drug Enforcement Administration of the United States
Department of Justice or its successor agency.
(Added to NRS by 1985, 546; A 1997, 2122; 2005, 2717 , 2807 )
1. Except as otherwise provided in subsection 6, each applicant
for a license to practice homeopathic medicine must:
(a) Pay a fee of $500; and
(b) Pay the cost of obtaining such further evidence and proof of
qualifications as the Board may require pursuant to subsection 2 of NRS
630A.240 .
2. Each applicant for a certificate as an advanced practitioner of
homeopathy must:
(a) Pay a fee of $300; and
(b) Pay the cost of obtaining such further evidence and proof of
qualifications as the Board may require pursuant to NRS 630A.295 .
3. Each applicant for a certificate as a homeopathic assistant
must pay a fee of $150.
4. Each applicant for a license or certificate who fails an
examination and who is permitted to be reexamined must pay a fee not to
exceed $400 for each reexamination.
5. If an applicant for a license or certificate does not appear
for examination, for any reason deemed sufficient by the Board, the Board
may, upon request, refund a portion of the application fee not to exceed
50 percent of the fee. There must be no refund of the application fee if
an applicant appears for examination.
6. Each applicant for a license issued under the provisions of NRS
630A.310 or 630A.320 must pay a fee not to exceed $150, as
determined by the Board, and must pay a fee of $100 for each renewal of
the license.
7. The fee for the renewal of a license or certificate, as
determined by the Board, must not exceed $600 per year and must be
collected for the year in which a physician, advanced practitioner of
homeopathy or homeopathic assistant is licensed or certified.
8. The fee for the restoration of a suspended license or
certificate is twice the amount of the fee for the renewal of a license
or certificate at the time of the restoration of the license or
certificate.
(Added to NRS by 1983, 1485; A 1985, 310, 547, 1036; 1987, 2063;
1995, 2799)
DISCIPLINARY ACTION
Preliminary Proceedings
The following acts, among others, constitute grounds for
initiating disciplinary action or denying the issuance of a license:
1. Unprofessional conduct.
2. Conviction of:
(a) A violation of any federal or state law regulating the
possession, distribution or use of any controlled substance or any
dangerous drug as defined in chapter 454 of
NRS;
(b) A violation of any of the provisions of NRS 616D.200 , 616D.220 , 616D.240 , 616D.300 , 616D.310 , or 616D.350 to 616D.440 , inclusive;
(c) Any offense involving moral turpitude; or
(d) Any offense relating to the practice of homeopathic medicine or
the ability to practice homeopathic medicine.
Ê A plea of nolo contendere to any offense listed in this subsection
shall be deemed a conviction.
3. The suspension, modification or limitation of a license to
practice any type of medicine by any other jurisdiction.
4. The surrender of a license to practice any type of medicine or
the discontinuance of the practice of medicine while under investigation
by any licensing authority, medical facility, facility for the dependent,
branch of the Armed Forces of the United States, insurance company,
agency of the Federal Government or employer.
5. Gross or repeated malpractice, which may be evidenced by claims
of malpractice settled against a practitioner.
6. Professional incompetence.
(Added to NRS by 1983, 1486; A 1987, 1555, 2064; 1991, 1072; 1993,
783; 2003, 2708 )
The following acts, among others, constitute grounds
for initiating disciplinary action or denying the issuance of a license:
1. Willfully making a false or fraudulent statement or submitting
a forged or false document in applying for a license to practice
homeopathic medicine.
2. Willfully representing with the purpose of obtaining
compensation or other advantages for himself or for any other person that
a manifestly incurable disease or injury or other manifestly incurable
condition can be permanently cured.
3. Obtaining, maintaining or renewing, or attempting to obtain,
maintain or renew a license to practice homeopathic medicine by bribery,
fraud or misrepresentation or by any false, misleading, inaccurate or
incomplete statement.
4. Advertising the practice of homeopathic medicine in a false,
deceptive or misleading manner.
5. Practicing or attempting to practice homeopathic medicine under
a name other than the name under which he is licensed.
6. Signing a blank prescription form.
7. Influencing a patient in order to engage in sexual activity
with the patient or another person.
8. Attempting directly or indirectly, by way of intimidation,
coercion or deception, to obtain or retain a patient or to discourage a
patient from obtaining a second opinion.
9. Terminating the medical care of a patient without giving
adequate notice or making other arrangements for the continued care of
the patient.
(Added to NRS by 1983, 1486; A 1987, 2064)
The following acts, among others,
constitute grounds for initiating disciplinary action or denying the
issuance of a license:
1. Directly or indirectly receiving from any person any fee,
commission, rebate or other form of compensation which tends or is
intended to influence the physician’s objective evaluation or treatment
of a patient.
2. Dividing a fee between homeopathic physicians, unless the
patient is informed of the division of fees and the division is made in
proportion to the services personally performed and the responsibility
assumed by each homeopathic physician.
3. Charging for visits to the homeopathic physician’s office which
did not occur or for services which were not rendered or documented in
the records of the patient.
4. Employing, directly or indirectly, any suspended or unlicensed
person in the practice of homeopathic medicine, or the aiding, abetting
or assisting of any unlicensed person to practice homeopathic medicine
contrary to the provisions of this chapter or the regulations adopted by
the Board.
5. Advertising the services of an unlicensed person in the
practice of homeopathic medicine.
6. Delegating responsibility for the care of a patient to a person
whom the homeopathic physician knows, or has reason to know, is not
qualified to undertake that responsibility.
7. Failing to disclose to a patient any financial or other
conflict of interest affecting the care of the patient.
(Added to NRS by 1983, 1486; A 1987, 2065)
The following acts, among others, constitute grounds for
initiating disciplinary action or denying the issuance of a license:
1. Inability to practice homeopathic medicine with reasonable
skill and safety because of an illness, a mental or physical condition or
the use of alcohol, drugs, narcotics or any other addictive substance.
2. Engaging in any:
(a) Professional conduct which is intended to deceive or which the
Board by regulation has determined is unethical.
(b) Medical practice harmful to the public or any conduct
detrimental to the public health, safety or morals which does not
constitute gross or repeated malpractice or professional incompetence.
3. Administering, dispensing or prescribing any controlled
substance, except as authorized by law.
4. Performing, assisting or advising an unlawful abortion or in
the injection of any liquid substance into the human body to cause an
abortion.
5. Practicing or offering to practice beyond the scope permitted
by law, or performing services which the homeopathic physician knows or
has reason to know he is not competent to perform.
6. Performing any procedure without first obtaining the informed
consent of the patient or his family or prescribing any therapy which by
the current standards of the practice of homeopathic medicine is
experimental.
7. Continued failure to exercise the skill or diligence or use the
methods ordinarily exercised under the same circumstances by physicians
in good standing who practice homeopathy and electrodiagnosis.
(Added to NRS by 1983, 1487; A 1987, 1555, 2066)
The
following acts, among others, constitute grounds for initiating
disciplinary action or denying the issuance of a license:
1. Willful disclosure of a communication privileged under a
statute or court order.
2. Willful failure to comply with any provision of this chapter,
regulation, subpoena or order of the Board or with any court order
relating to this chapter.
3. Willful failure to perform any statutory or other legal
obligation imposed upon a licensed homeopathic physician.
(Added to NRS by 1983, 1487; A 1987, 2066)
1. Any person who becomes aware that a person practicing medicine
in this State has, is or is about to become engaged in conduct which
constitutes grounds for initiating disciplinary action may file a written
complaint with the Board.
2. Any medical society or medical facility or facility for the
dependent licensed in this State shall report to the Board the initiation
and outcome of any disciplinary action against any homeopathic physician
concerning the care of a patient or the competency of the physician.
3. The clerk of every court shall report to the Board any finding,
judgment or other determination of the court that a homeopathic physician:
(a) Is mentally ill;
(b) Is mentally incompetent;
(c) Has been convicted of a felony or any law relating to
controlled substances or dangerous drugs;
(d) Is guilty of abuse or fraud under any state or federal program
providing medical assistance; or
(e) Is liable for damages for malpractice or negligence.
(Added to NRS by 1983, 1487; A 1987, 2067)
1. The Board or a committee of its members designated by the Board
shall review every complaint filed with the Board and conduct an
investigation to determine whether there is a reasonable basis for
compelling a homeopathic physician to take a mental or physical
examination or an examination of his competence to practice homeopathic
medicine.
2. If a committee is designated, it must be composed of at least
three members of the Board, at least one of whom is a licensed
homeopathic physician.
3. If, from the complaint or from other official records, it
appears that the complaint is not frivolous and the complaint charges
gross or repeated malpractice, the Board shall transmit the original
complaint, along with further facts or information derived from its own
review, to the Attorney General.
4. Following the investigation, the committee shall present its
evaluation and recommendations to the Board. The Board shall review the
committee’s findings to determine whether to take any further action, but
a member of the Board who participated in the investigation may not
participate in this review or in any subsequent hearing or action taken
by the Board.
(Added to NRS by 1983, 1487; A 1987, 2067)
1. The Attorney General shall conduct an investigation of each
complaint transmitted to him to determine whether it warrants proceedings
for modification, suspension or revocation of license. If he determines
that such further proceedings are warranted, he shall report the results
of his investigation together with his recommendation to the Board in a
manner which does not violate the right of the person charged in the
complaint to due process in any later hearing before the Board.
2. The Board shall promptly make a determination with respect to
each complaint reported to it by the Attorney General as to what action
shall be pursued. The Board shall:
(a) Dismiss the complaint; or
(b) Proceed with appropriate disciplinary action.
(Added to NRS by 1983, 1488)
1. If the Board or its investigative committee has reason to
believe that the conduct of any homeopathic physician has raised a
reasonable question as to his competence to practice medicine with
reasonable skill and safety to patients, it may order the homeopathic
physician to undergo:
(a) A mental or physical examination; or
(b) An examination of his competence to practice homeopathic
medicine,
Ê by physicians or others designated by the Board to assist the Board in
determining the fitness of the homeopathic physician to practice
homeopathic medicine.
2. For the purposes of this section:
(a) Every homeopathic physician who applies for a license or is
licensed under this chapter shall be deemed to have given his consent to
submit to a mental or physical examination or an examination of his
competence to practice homeopathic medicine when directed to do so in
writing by the Board or an investigative committee of the Board.
(b) The testimony or reports of the examining physicians are not
privileged communications.
3. Except in extraordinary circumstances, as determined by the
Board, the failure of a homeopathic physician licensed under this chapter
to submit to an examination when directed as provided in this section
constitutes an admission of the charges against him.
(Added to NRS by 1983, 1488; A 1987, 2068)
If the
Board has reason to believe that the conduct of any homeopathic physician
has raised a reasonable question as to his competence to practice
homeopathic medicine with reasonable skill and safety to patients, the
Board may order an examination of the homeopathic physician to determine
his fitness to practice homeopathic medicine. When such action is taken,
the reasons for the action must be documented and must be available to
the homeopathic physician being examined.
(Added to NRS by 1983, 1488; A 1987, 2068)
Notwithstanding
the provisions of chapter 622A of NRS, if
the Board issues an order summarily suspending the license of a
homeopathic physician pending proceedings for disciplinary action and
requires the homeopathic physician to submit to a mental or physical
examination or an examination of his competence to practice homeopathic
medicine, the examination must be conducted and the results obtained not
later than 60 days after the Board issues its order.
(Added to NRS by 1983, 1488; A 1987, 2069; 2005, 761 )
Notwithstanding the provisions of chapter 622A of NRS, if the Board issues an order summarily
suspending the license of a homeopathic physician pending proceedings for
disciplinary action, the court shall not stay that order.
(Added to NRS by 1983, 1489; A 1987, 2069; 2005, 762 )
1. In addition to any other remedy provided by law, the Board,
through its President or Secretary-Treasurer or the Attorney General, may
apply to any court of competent jurisdiction to:
(a) Enjoin any prohibited act or other conduct of a homeopathic
physician which is harmful to the public;
(b) Enjoin any person who is not licensed under this chapter from
practicing homeopathic medicine; or
(c) Limit a homeopathic physician’s practice or suspend his license
to practice homeopathic medicine.
2. The court in a proper case may issue a temporary restraining
order or a preliminary injunction for the purposes of subsection 1:
(a) Without proof of actual damage sustained by any person;
(b) Without relieving any person from criminal prosecution for
engaging in the practice of homeopathic medicine without a license; and
(c) Pending proceedings for disciplinary action by the Board.
(Added to NRS by 1983, 1489; A 1987, 2069)
Disciplinary Proceedings
Notwithstanding the
provisions of chapter 622A of NRS, if the
Board receives a report pursuant to subsection 5 of NRS 228.420 , a disciplinary proceeding regarding the
report must be commenced within 30 days after the Board receives the
report.
(Added to NRS by 1983, 1489; A 1987, 2069; 1993, 784; 2005, 762
)
Except as otherwise provided in
chapter 622A of NRS:
1. Service of process made under this chapter must be either
personal or by registered or certified mail with return receipt
requested, addressed to the homeopathic physician at his last known
address. If personal service cannot be made and if notice by mail is
returned undelivered, the Secretary-Treasurer of the Board shall cause
notice to be published once a week for 4 consecutive weeks in a newspaper
published in the county of the homeopathic physician’s last known address
or, if no newspaper is published in that county, then in a newspaper
widely distributed in that county.
2. Proof of service of process or publication of notice made under
this chapter must be filed with the Board and recorded in the minutes of
the Board.
(Added to NRS by 1983, 1489; A 1987, 2070; 2005, 762 )
Notwithstanding the
provisions of chapter 622A of NRS, in any
disciplinary hearing:
1. Proof of actual injury need not be established.
2. A certified copy of the record of a court or a licensing agency
showing a conviction or plea of nolo contendere or the suspension,
revocation, limitation, modification, denial or surrender of a license to
practice homeopathic medicine is conclusive evidence of its occurrence.
(Added to NRS by 1983, 1490; A 1987, 2070; 2005, 762 )
1. Any member of the Board who was not a member of the
investigative committee, if one was appointed, may participate in the
final order of the Board. If the Board, after notice and a hearing as
required by law, determines that a violation of the provisions of this
chapter or the regulations adopted by the Board has occurred, it shall
issue and serve on the person charged an order, in writing, containing
its findings and any sanctions imposed by the Board. If the Board
determines that no violation has occurred, it shall dismiss the charges,
in writing, and notify the person that the charges have been dismissed.
2. If the Board finds that a violation has occurred, it may by
order:
(a) Place the person on probation for a specified period on any of
the conditions specified in the order.
(b) Administer to the person a public reprimand.
(c) Limit the practice of the person or exclude a method of
treatment from the scope of his practice.
(d) Suspend the license of the person for a specified period or
until further order of the Board.
(e) Revoke the license of the person to practice homeopathic
medicine.
(f) Require the person to participate in a program to correct a
dependence upon alcohol or a controlled substance, or any other
impairment.
(g) Require supervision of the person’s practice.
(h) Impose an administrative fine not to exceed $10,000.
(i) Require the person to perform community service without
compensation.
(j) Require the person to take a physical or mental examination or
an examination of his competence to practice homeopathic medicine.
(k) Require the person to fulfill certain training or educational
requirements.
3. The Board shall not administer a private reprimand.
4. An order that imposes discipline and the findings of fact and
conclusions of law supporting that order are public records.
(Added to NRS by 1983, 1490; A 1987, 2070; 1993, 885; 2001 Special
Session, 154 ; 2003, 3437 ; 2005, 763 )
1. Any person aggrieved by a final order of the Board is entitled
to judicial review of the Board’s order as provided by law.
2. Every order of the Board which limits the practice of
homeopathic medicine or suspends or revokes a license is effective from
the date the Secretary-Treasurer of the Board certifies the order until
the date the order is modified or reversed by a final judgment of the
court. The court shall not stay the order of the Board pending a final
determination by the court.
3. The district court shall give a petition for judicial review of
the Board’s order priority over other civil matters which are not
expressly given priority by law.
(Added to NRS by 1983, 1490; A 1987, 2071; 2005, 763 )
1. Any person:
(a) Whose practice of homeopathic medicine has been limited; or
(b) Whose license to practice homeopathic medicine has been:
(1) Suspended until further order; or
(2) Revoked,
Ê may apply to the Board for removal of the limitation or suspension or
may apply to the Board pursuant to the provisions of chapter 622A of NRS for reinstatement of his revoked license.
2. In hearing the application, the Board or a committee of members
of the Board:
(a) May require the applicant to submit to a mental or physical
examination or an examination of his competence to practice homeopathic
medicine by physicians or other persons whom it designates and submit
such other evidence of changed conditions and of fitness as it deems
proper.
(b) Shall determine whether under all the circumstances the time of
the application is reasonable.
(c) May deny the application or modify or rescind its order as it
deems the evidence and the public safety warrants.
3. The applicant has the burden of proving by clear and convincing
evidence that the requirements for reinstatement of the license or
removal of the limitation or suspension have been met.
4. The Board shall not reinstate a license unless it is satisfied
that the applicant has complied with all of the terms and conditions set
forth in the final order of the Board and that he is capable of
practicing homeopathic medicine with reasonable skill and safety to
patients.
5. In addition to any other requirements set forth in chapter 622A
of NRS, to reinstate a license that has
been revoked by the Board, a person must apply for a license and take an
examination as though he had never been licensed under this chapter.
(Added to NRS by 1983, 1490; A 1987, 2071; 2005, 763 )
Miscellaneous Provisions
In addition to any
other immunity provided by the provisions of chapter 622A of NRS:
1. Any person who furnishes information to the Board, in good
faith and without malicious intent in accordance with the provisions of
this chapter, concerning a person who is licensed or certified or applies
for a license or certificate under this chapter is immune from civil
liability for furnishing that information.
2. The Board and its members, staff, counsel, investigators,
experts, committees, panels, hearing officers and consultants are immune
from civil liability for any decision or action taken in good faith and
without malicious intent in response to information received by the Board.
3. The Board and any of its members are immune from civil
liability for disseminating information concerning a person who is
licensed or certified or applies for a license or certificate under this
chapter to the Attorney General or any board or agency of the State,
hospital, medical society, insurer, employer, patient or his family or
law enforcement agency.
(Added to NRS by 1983, 1491; A 1987, 2072; 1995, 2800; 2005, 764
)
[Expires by limitation 2 years
after the date of the repeal of the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
1. If the Board receives a copy of a court order issued
pursuant to NRS 425.540 that provides
for the suspension of all professional, occupational and recreational
licenses, certificates and permits issued to a person who is the holder
of a license to practice homeopathic medicine or a certificate to
practice as an advanced practitioner of homeopathy or as a homeopathic
assistant, the Board shall deem the license or certificate issued to that
person to be suspended at the end of the 30th day after the date on which
the court order was issued unless the Board receives a letter issued to
the holder of the license or certificate by the district attorney or
other public agency pursuant to NRS 425.550 stating that the holder of the license or
certificate has complied with the subpoena or warrant or has satisfied
the arrearage pursuant to NRS 425.560 .
2. The Board shall reinstate a license to practice
homeopathic medicine or a certificate to practice as an advanced
practitioner of homeopathy or a homeopathic assistant that has been
suspended by a district court pursuant to NRS 425.540 if:
(a) The Board receives a letter issued by the district
attorney or other public agency pursuant to NRS 425.550 to the person whose license or certificate was
suspended stating that the person whose license or certificate was
suspended has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560 ; and
(b) The person whose license or certificate was suspended pays the
fee prescribed in NRS 630A.330 for
the reinstatement of a suspended license or certificate.
(Added to NRS by 1997, 2121; A 2005, 2807 )
1. Any disciplinary action taken by a hearing officer or panel
pursuant to NRS 630A.160 is subject
to the same procedural requirements which apply to disciplinary actions
taken by the Board, and the officer or panel has the powers and duties
given to the Board in relation thereto.
2. A decision of a hearing officer or panel relating to the
imposition of an administrative fine is a final decision in a contested
case.
(Added to NRS by 1995, 2798)
The filing and
review of a complaint, its dismissal without further action or its
transmittal to the Attorney General, and any subsequent disposition by
the Board, the Attorney General or any reviewing court do not preclude:
1. Any measure by a hospital or other institution or medical
society to limit or terminate the privileges of a homeopathic physician,
advanced practitioner of homeopathy or homeopathic assistant according to
its rules or the custom of the profession. No civil liability attaches to
any such action taken without malice even if the ultimate disposition of
the complaint is in favor of the homeopathic physician, advanced
practitioner of homeopathy or homeopathic assistant.
2. Any appropriate criminal prosecution by the Attorney General or
a district attorney based upon the same or other facts.
(Added to NRS by 1983, 1491; A 1995, 2800)
1. Except as otherwise provided in this section, a complaint filed
with the Board, all documents and other information filed with the
complaint and all documents and other information compiled as a result of
an investigation conducted to determine whether to initiate disciplinary
action against a person are confidential, unless the person submits a
written statement to the Board requesting that such documents and
information be made public records.
2. The charging documents filed with the Board to initiate
disciplinary action pursuant to chapter 622A of NRS and all documents and information
considered by the Board when determining whether to impose discipline are
public records.
3. The provisions of this section do not prohibit the Board from
communicating or cooperating with or providing any documents or other
information to any other licensing board or any other agency that is
investigating a person, including, without limitation, a law enforcement
agency.
(Added to NRS by 1995, 504; A 2003, 3438 ; 2005, 764 )
UNLAWFUL ACTS; PENALTIES
In a manner consistent with the provisions of chapter
622A of NRS, the Board is authorized to
prosecute all persons guilty of violation of the provisions of this
chapter and may employ investigators and such other assistants as may be
necessary to carry out the provisions of this chapter and chapter 622A
of NRS, but any expenses so incurred must
not be paid out of the State General Fund.
(Added to NRS by 1983, 1491; A 2005, 765 )
1. The Board through its President or Secretary-Treasurer or the
Attorney General may maintain in any court of competent jurisdiction a
suit for an injunction against any person or persons practicing
homeopathic medicine without a license or certificate.
2. Such an injunction:
(a) May be issued without proof of actual damage sustained by any
person, this provision being a preventive as well as a punitive measure.
(b) Does not relieve such person from criminal prosecution for
practicing without a license or certificate.
(Added to NRS by 1983, 1491; A 1995, 2800)
In seeking injunctive relief against any person for
an alleged violation of this chapter by practicing homeopathic medicine
without a license or certificate, it is sufficient to allege that he did,
upon a certain day, and in a certain county of this State, engage in the
practice of homeopathic medicine without having a license or certificate
to do so, without alleging any further or more particular facts
concerning the matter.
(Added to NRS by 1983, 1491; A 1987, 2073; 1995, 2800)
A person who:
1. Presents to the Board as his own the diploma, license,
certificate or credentials of another;
2. Gives either false or forged evidence of any kind to the Board;
3. Practices homeopathic medicine under a false or assumed name; or
4. Except as otherwise provided in NRS 629.091 , practices homeopathic medicine without being
licensed or certified under this chapter,
Ê is guilty of a category D felony and shall be punished as provided in
NRS 193.130 .
(Added to NRS by 1983, 1492; A 1985, 311; 1987, 2073; 1995, 750,
1310, 1333, 2800)
Except as otherwise provided in NRS 629.091 , a person who practices homeopathic medicine
without a license or certificate issued pursuant to this chapter is
guilty of a category D felony and shall be punished as provided in NRS
193.130 .
(Added to NRS by 1983, 1492; A 1995, 750, 1310, 1333, 2801)
NEVADA INSTITUTIONAL REVIEW BOARD
General Provisions
As used in NRS 630A.800 to 630A.910 , inclusive, unless the context otherwise
requires, the words and terms defined in NRS 630A.815 , 630A.825 and 630A.835 have the meanings ascribed to them in those
sections.
(Added to NRS by 2005, 2523 )
“Practitioner” means:
1. A homeopathic physician licensed pursuant to this chapter;
2. A physician licensed pursuant to chapter 630 of NRS; or
3. An osteopathic physician licensed pursuant to chapter 633
of NRS.
(Added to NRS by 2005, 2523 )
1. “Research study” means any research, study or trial using
devices, therapies or substances regulated by the Board of Homeopathic
Medical Examiners, or any combination of those devices, therapies or
substances, in a manner that is considered to be a form of alternative or
complementary integrative medicine.
2. The term does not include any research, study or trial
described in NRS 630A.855 .
(Added to NRS by 2005, 2523 )
1. “Researcher” means a practitioner who intends to undertake or
is undertaking a research study.
2. The term does not include a practitioner who intends to
undertake or is undertaking any research, study or trial described in NRS
630A.855 .
(Added to NRS by 2005, 2523 )
The provisions of NRS 630A.800 to 630A.910 , inclusive, do not apply to any research,
study or trial that is conducted under the auspices of a federally
qualified institutional review board and in accordance with applicable
federal statutes.
(Added to NRS by 2005, 2524 )
Organization and Administration
1. The Nevada Institutional Review Board is hereby created.
2. The Nevada Institutional Review Board shall be under the
supervision of the Board of Homeopathic Medical Examiners.
3. The Nevada Institutional Review Board consists of seven members
appointed as follows:
(a) After consultation with organizations in Nevada representing
medical disciplines, the Board of Homeopathic Medical Examiners shall
appoint four members who represent various medical disciplines in Nevada.
(b) Three members who are lay members of the general public and
residents of Nevada and who are not licensed in any medical discipline
must be appointed as follows:
(1) One member appointed by the Governor;
(2) One member appointed by the Majority Leader of the
Senate; and
(3) One member appointed by the Speaker of the Assembly.
4. The members of the Nevada Institutional Review Board serve at
the pleasure of the appointing authority. A vacancy on the Nevada
Institutional Review Board must be filled by the appointing authority in
the same manner as the original appointment.
5. The members of the Nevada Institutional Review Board are
entitled to receive, out of the money coming into the possession of the
Nevada Institutional Review Board, a per diem allowance and travel
expenses, as fixed by the Nevada Institutional Review Board.
6. Four members of the Nevada Institutional Review Board
constitute a quorum. A quorum may exercise all the power and authority
conferred on the Nevada Institutional Review Board.
7. The Nevada Institutional Review Board shall elect officers from
within its membership, fix the time and place of its meetings and adopt
rules of procedure as it deems necessary to carry out its duties.
(Added to NRS by 2005, 2524 )
Before entering upon the duties of his office,
each member of the Nevada Institutional Review Board shall take:
1. The constitutional oath or affirmation of office; and
2. An oath or affirmation that he is legally qualified to serve on
the Nevada Institutional Review Board.
(Added to NRS by 2005, 2524 )
1. Except as otherwise provided in subsection 3, the Nevada
Institutional Review Board may be funded by:
(a) A nonprofit organization, created by the Board of Homeopathic
Medical Examiners, which is exempt from taxation pursuant to 26 U.S.C. §
501(c)(3); and
(b) Grants, gifts, appropriations or donations to assist the Nevada
Institutional Review Board in carrying out its duties pursuant to the
provisions of NRS 630A.800 to
630A.910 , inclusive.
2. Any money received by the Nevada Institutional Review Board
must be placed with the financial institutions described in NRS 630A.880
.
3. The Nevada Institutional Review Board may not be funded by any
money from:
(a) The sponsor of any research study; or
(b) The manufacturer of any device, drug or other substance
regulated by the Board of Homeopathic Medical Examiners.
(Added to NRS by 2005, 2525 )
1. All money received by the Nevada Institutional Review Board
must be deposited in financial institutions in this State that are
federally insured or insured by a private insurer approved pursuant to
NRS 678.755 . The money must be kept
separate from any money to be used by or for the Board of Homeopathic
Medical Examiners.
2. The deposited money must only be used to carry out the
activities of the Nevada Institutional Review Board and to pay the
expenses incurred by the Nevada Institutional Review Board in the
discharge of its duties.
(Added to NRS by 2005, 2525 )
Regulation of Research Studies
1. The Nevada Institutional Review Board shall adopt regulations
to carry out the provisions of NRS 630A.800 to 630A.910 , inclusive.
2. All regulations adopted by the Nevada Institutional Review
Board must be approved by the Board of Homeopathic Medical Examiners.
(Added to NRS by 2005, 2524 )
1. The Nevada Institutional Review Board shall:
(a) Review proposals for research studies and oversee, review and
control all research studies it has approved;
(b) Evaluate, determine and act upon the safety, efficacy,
reimbursement and availability of diagnostic devices, substances, other
modalities, therapies and methods of treatment used in such research
studies; and
(c) Analyze, coordinate and integrate the diagnostic techniques and
treatments related to alternative and complementary integrative medicine
with the diagnostic techniques and treatments of other health care
practices.
2. The Nevada Institutional Review Board shall oversee, review and
control any research studies which it has approved and which involve the
use of human research subjects and any related issues, including, without
limitation:
(a) The qualifications required for conducting such research
studies;
(b) The proper clinical outcome to be attributed to such research
studies; and
(c) The safety, efficacy, reimbursement and availability of
diagnostic devices, substances, other modalities, therapies and methods
of treatment used in such research studies.
3. The Nevada Institutional Review Board shall evaluate:
(a) The social and economic impact of the research studies it has
approved; and
(b) The relationship between alternative and complementary
integrative medicine and other health care practices.
4. The Nevada Institutional Review Board shall:
(a) Keep a record of all transactions and provide the Board of
Homeopathic Medical Examiners, the Board of Medical Examiners and the
State Board of Osteopathic Medicine with quarterly reports of all
transactions; and
(b) Make any additional reports or recommendations to the Board of
Homeopathic Medical Examiners as the Board of Homeopathic Medical
Examiners requires.
5. The Nevada Institutional Review Board is accountable to the
Board of Homeopathic Medical Examiners for all the activities of the
Nevada Institutional Review Board.
(Added to NRS by 2005, 2525 )
1. A researcher who intends to undertake a research study must
submit a proposal for the research study to the Nevada Institutional
Review Board for its review and approval.
2. A researcher shall not undertake a research study unless the
proposal for the research study has been approved by the Nevada
Institutional Review Board.
(Added to NRS by 2005, 2524 )
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