The practice of Oriental
medicine and any branch thereof is hereby declared to be a learned
profession, affecting public safety and welfare and charged with the
public interest, and therefore subject to protection and regulation by
the State.
(Added to NRS by 1973, 635; A 1975, 231; 1991, 1127)
As used in this chapter, unless the
context otherwise requires:
1. “Acupuncture” means the insertion of needles into the human
body by piercing the skin of the body to control and regulate the flow
and balance of energy in the body and to cure, relieve or palliate:
(a) Any ailment or disease of the mind or body; or
(b) Any wound, bodily injury or deformity.
2. “Board” means the State Board of Oriental Medicine.
3. “Doctor of Oriental medicine” means a person who is licensed
under the provisions of this chapter to practice as a doctor of Oriental
medicine.
4. “Herbal medicine” and “practice of herbal medicine” mean
suggesting, recommending, prescribing or directing the use of herbs for
the cure, relief or palliation of any ailment or disease of the mind or
body, or for the cure or relief of any wound, bodily injury or deformity.
5. “Herbs” means plants or parts of plants valued for medicinal
qualities.
6. “Oriental medicine” means that system of the healing art which
places the chief emphasis on the flow and balance of energy in the body
mechanism as being the most important single factor in maintaining the
well-being of the organism in health and disease. The term includes the
practice of acupuncture and herbal medicine and other services approved
by the Board.
(Added to NRS by 1973, 635; A 1975, 231; 1981, 1289; 1991, 1127;
2001, 1104 )
STATE BOARD OF ORIENTAL MEDICINE
1. The State Board of Oriental Medicine, consisting of five
members appointed by the Governor, is hereby created.
2. Each member of the Board shall, before entering upon the duties
of his office, take the oath of office prescribed by the Constitution
before someone qualified to administer oaths.
(Added to NRS by 1973, 636; A 1975, 232; 1981, 70; 1989, 815; 2003,
1639 )
1. The Governor shall appoint three members to the Board who:
(a) Have a license issued pursuant to this chapter;
(b) Currently engage in the practice of Oriental medicine in this
State, and have engaged in the practice of Oriental medicine in this
State for at least 3 years preceding appointment to the Board;
(c) Are citizens of the United States; and
(d) Are residents of the State of Nevada and have been for at least
1 year preceding appointment to the Board.
2. The Governor shall appoint one member to the Board who:
(a) Is licensed pursuant to chapter 630
of NRS by the Board of Medical Examiners as a physician;
(b) Does not engage in the administration of a facility for
Oriental medicine or a school for Oriental medicine;
(c) Does not have a pecuniary interest in any matter pertaining to
Oriental medicine, except as a patient or potential patient;
(d) Is a citizen of the United States; and
(e) Is a resident of the State of Nevada and has been for at least
1 year preceding appointment to the Board.
3. The Governor shall appoint one member to the Board who:
(a) Does not engage in the administration of a facility for
Oriental medicine or a school for Oriental medicine;
(b) Does not have a pecuniary interest in any matter pertaining to
Oriental medicine, except as a patient or potential patient;
(c) Is a citizen of the United States; and
(d) Is a resident of the State of Nevada and has been for at least
1 year preceding appointment to the Board.
(Added to NRS by 1973, 636; A 2003, 1639 )
1. 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.
(Added to NRS by 1973, 636; A 1975, 304; 1981, 1993; 1989, 1698)
The Board shall annually elect from its
members a President, Vice President and Secretary-Treasurer, and may fix
and pay a salary to the Secretary-Treasurer.
(Added to NRS by 1973, 636)
The Board may:
1. Employ attorneys, investigators and other professional
consultants and clerical personnel necessary to discharge its duties. To
conduct its examinations, the Board may call to its aid persons of
established reputation and known ability in Oriental medicine.
2. Maintain offices in as many localities in the State as it finds
necessary to carry out the provisions of this chapter.
3. Adopt regulations not inconsistent with the provisions of this
chapter. The regulations may include a code of ethics regulating the
professional conduct of licensees.
4. Compel the attendance of witnesses and the production of
evidence by subpoena.
(Added to NRS by 1973, 636; A 1975, 232; 1981, 100; 1991, 1127)
The Board shall:
1. Hold meetings at least once a year and at any other time at the
request of the President or the majority of the members;
2. Have and use a common seal;
3. Deposit in interest-bearing accounts in the State of Nevada all
money received under the provisions of this chapter, which must be used
to defray the expenses of the Board;
4. Establish and maintain a list of accredited schools and
colleges of Oriental medicine that are approved by the Board;
5. Operate on the basis of the fiscal year beginning July 1 and
ending June 30; and
6. Keep a record of its proceedings which must be open to the
public at all times and which must contain the name and business address
of every registered licensee in this State.
(Added to NRS by 1973, 636; A 2001, 1104 )
1. If a written complaint regarding a licensee is filed with the
Board, the Board shall review the complaint. If, from the complaint or
from other records, it appears that the complaint is not frivolous, the
Board shall transmit the original complaint and any facts or information
obtained from the review to the Attorney General.
2. The Attorney General shall conduct an investigation of the
complaint to determine whether it warrants proceedings for the
modification, suspension or revocation of the license. If the Attorney
General determines that further proceedings are warranted, he shall
report the results of his investigation and his recommendation to the
Board.
3. The Board shall promptly make a determination with respect to
each complaint reported to it by the Attorney General. The Board shall:
(a) Dismiss the complaint; or
(b) Proceed with appropriate disciplinary action.
(Added to NRS by 2001, 1103 )
1. A school or college of Oriental medicine may be established and
maintained in this State only if:
(a) Its establishment is approved by the Board; and
(b) Its curriculum is approved annually by the Board for content
and quality of instruction in accordance with the requirements of this
chapter.
2. The Board may prescribe the course of study required for the
degree of doctor of Oriental medicine.
(Added to NRS by 1973, 635; A 1975, 233; 1991, 1128; 2001, 1104
)
LICENSING AND DISCIPLINE
1. An applicant for examination for a license to practice Oriental
medicine, or any branch thereof, shall:
(a) Submit an application to the Board on forms provided by the
Board;
(b) Submit satisfactory evidence that he is 21 years or older and
meets the appropriate educational requirements;
(c) Submit with the application a complete set of his fingerprints
which the Board may forward to the Central Repository for Nevada Records
of Criminal History for submission to the Federal Bureau of Investigation
for its report;
(d) Pay a fee established by the Board of not more than $1,000; and
(e) Pay any fees required by the Board for an investigation of the
applicant or for the services of a translator, if the translator is
required to enable the applicant to take the examination.
2. An application submitted to the Board pursuant to subsection 1
must include all information required to complete the application.
(Added to NRS by 1973, 637; A 1975, 233; 1991, 1128; 1997, 2133;
2003, 2861 ; 2005, 2731 , 2807 )
[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 issued pursuant to
this chapter 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 issued
pursuant to this chapter 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
(b) A separate form prescribed by the Board.
3. A license may not be issued or renewed by the Board pursuant to
this chapter 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, 2132; A 2005, 2731 , 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 issued
pursuant to this chapter 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
(b) A separate form prescribed by the Board.
3. A license may not be issued or renewed by the Board pursuant to
this chapter 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, 2132; A 2005, 2731 , 2732 , 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)
NRS 634A.120 Examinations: National examination;
practical examination; times; cancelled examinations; reexamination.
1. Each applicant for a license to practice as a doctor of
Oriental medicine must pass:
(a) An examination in Oriental medicine that is administered by a
national organization approved by the Board; and
(b) A practical examination approved by the Board that tests the
applicant’s knowledge and understanding of:
(1) Basic medical science;
(2) Acupuncture;
(3) Herbal medicine;
(4) Oriental medicine;
(5) English proficiency; and
(6) The laws and regulations of this State relating to
health and safety in the practice of Oriental medicine.
2. The Board may establish by regulation:
(a) Additional subject areas to be included in the practical
examination; and
(b) Specific methods for the administration of the practical
examination, including, but not limited to, written, oral, demonstrative,
practical or any combination thereof.
3. The Board shall contract for the preparation, administration
and grading of the practical examination.
4. Except as otherwise provided in subsection 5, the Board shall
offer the practical examination at least two times each year at a time
and place established by the Board.
5. The Board may cancel a scheduled practical examination if,
within 60 days before the examination, the Board has not received a
request to take the examination.
6. A person who fails the practical examination may retake the
examination.
(Added to NRS by 1973, 637; A 1975, 233; 1981, 1290; 1991, 1128;
2001, 1105 ; 2003, 1640 )
The Board shall issue a license to practice as a doctor of
Oriental medicine to an applicant who:
1. Has:
(a) Successfully completed an accredited 4-year program of study,
or its equivalent, in Oriental medicine at a school or college of
Oriental medicine that is approved by the Board;
(b) Earned a bachelor’s degree from an accredited college or
university in the United States;
(c) Passed an investigation of his background and personal history
conducted by the Board; and
(d) Passed the examinations required by NRS 634A.120 ; or
2. Has:
(a) Successfully completed a 4-year program of study, or its
equivalent, in Oriental medicine at a school or college of Oriental
medicine that is approved by the Board;
(b) Lawfully practiced Oriental medicine in another state or
foreign country for at least 4 years;
(c) Passed an investigation of his background and personal history
conducted by the Board; and
(d) Passed the examinations required by NRS 634A.120 .
(Added to NRS by 1973, 637; A 1975, 234, 1814; 1981, 1290; 1991,
1128; 2001, 1105 , 2416 )
1. Every license must be displayed in the office, place of
business or place of employment of the holder thereof.
2. Every person holding a license shall pay to the Board on or
before February 1 of each year, the annual fee for a license required
pursuant to subsection 4. The holder of a license shall submit with the
fee all information required to complete the renewal of the license. If
the holder of a license fails to pay the fee or submit all required
information, his license must be suspended. The license may be reinstated
by payment of the required fee and submission of all required information
within 90 days after February 1.
3. A license which is suspended for more than 3 months under the
provisions of subsection 2 may be cancelled by the Board after 30 days’
notice to the holder of the license.
4. The annual fee for a license must be prescribed annually by the
Board and must not exceed $1,000.
(Added to NRS by 1973, 638; A 1975, 234; 1979, 959; 1981, 1291;
1991, 1129; 1997, 2133; 2001, 1105 ; 2005, 2732 , 2807 )
1. The Board may adopt regulations for the issuance of temporary
certificates to persons not licensed pursuant to this chapter. A
temporary certificate may be issued:
(a) In connection with a bona fide educational seminar concerning
Oriental medicine or acupuncture; or
(b) For the purpose of authorizing a person to engage in lecturing
on or teaching Oriental medicine or acupuncture in this State on a
short-term basis.
2. The Board may charge a fee for the issuance of a temporary
certificate. The fee must not exceed an amount which adequately
reimburses the Board for costs incurred in:
(a) Investigating an applicant under this section; and
(b) Monitoring a seminar, if the Board deems that action necessary.
(Added to NRS by 1975, 214; A 1981, 1291; 1991, 1129)
1. To renew a license issued pursuant to this chapter, each person
must, on or before February 1 of each year:
(a) Apply to the Board for renewal;
(b) Pay the annual fee for a license prescribed 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
reinstatement of a license, require each holder of a license to comply
with the requirements for continuing education adopted by the Board.
(Added to NRS by 1985, 548; A 1997, 2134; 2001, 1106 ; 2005, 2733 , 2807 )
The Board may refuse to issue or may suspend or revoke any
license for any one or any combination of the following causes:
1. Conviction of:
(a) A felony relating to the practice of Oriental medicine;
(b) Any offense involving moral turpitude;
(c) A violation of any state or federal law regulating the
possession, distribution or use of any controlled substance, as shown by
a certified copy of the record of the court; or
(d) A violation of any of the provisions of NRS 616D.200 , 616D.220 , 616D.240 or 616D.300 to 616D.440 , inclusive;
2. The obtaining of or any attempt to obtain a license or practice
in the profession for money or any other thing of value, by fraudulent
misrepresentations;
3. Gross or repeated malpractice, which may be evidenced by claims
of malpractice settled against a practitioner;
4. Advertising by means of a knowingly false or deceptive
statement;
5. Advertising, practicing or attempting to practice under a name
other than one’s own;
6. Habitual drunkenness or habitual addiction to the use of a
controlled substance;
7. Using any false, fraudulent or forged statement or document, or
engaging in any fraudulent, deceitful, dishonest or immoral practice in
connection with the licensing requirements of this chapter;
8. Sustaining a physical or mental disability which renders
further practice dangerous;
9. Engaging in any dishonorable, unethical or unprofessional
conduct which may deceive, defraud or harm the public, or which is
unbecoming a person licensed to practice under this chapter;
10. Using any false or fraudulent statement in connection with the
practice of Oriental medicine or any branch thereof;
11. Violating or attempting to violate, or assisting or abetting
the violation of, or conspiring to violate any provision of this chapter;
12. Being adjudicated incompetent or insane;
13. Advertising in an unethical or unprofessional manner;
14. Obtaining a fee or financial benefit for any person by the use
of fraudulent diagnosis, therapy or treatment;
15. Willful disclosure of a privileged communication;
16. Failure of a licensee to designate the nature of his practice
in the professional use of his name by the term doctor of Oriental
medicine;
17. Willful violation of the law relating to the health, safety or
welfare of the public or of the regulations adopted by the State Board of
Health;
18. Administering, dispensing or prescribing any controlled
substance, except for the prevention, alleviation or cure of disease or
for relief from suffering; and
19. Performing, assisting or advising in the injection of any
liquid silicone substance into the human body.
(Added to NRS by 1973, 638; A 1975, 122, 235; 1981, 594; 1987,
1562; 1991, 1129; 1993, 788; 2001, 1106 ; 2003, 2710 )
[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 issued pursuant to this chapter, the Board shall deem the license
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 by the district attorney or
other public agency pursuant to NRS 425.550 stating that the holder of the license has
complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560 .
2. The Board shall reinstate a license issued pursuant to this
chapter that has been suspended by a district court pursuant to NRS
425.540 if the Board receives a letter
issued by the district attorney or other public agency pursuant to NRS
425.550 to the person whose license was
suspended stating that the person whose license was suspended has
complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560 .
(Added to NRS by 1997, 2133; A 2005, 2807 )
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 1973, 639; A 1993, 789; 2005, 769 )
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. An order that imposes discipline and the findings of fact and
conclusions of law supporting that order are public records.
4. 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 2003, 3448 ; A 2005, 769 )
MISCELLANEOUS PROVISIONS
1. Persons licensed pursuant to this chapter are not subject to
the provisions of chapter 630 of NRS.
2. A person who is licensed pursuant to this chapter to practice
as a doctor of Oriental medicine may refer to himself as a physician of
Oriental medicine.
(Added to NRS by 1973, 637; A 1975, 119; 1989, 815; 1991, 1130;
2001, 1107 )
1. This chapter does not apply to Oriental physicians who are
called into this State for consultation.
2. This chapter does not prohibit:
(a) Gratuitous services of druggists or other persons in cases of
emergency.
(b) The domestic administration of family remedies.
(c) Any person from assisting any person in the practice of the
healing arts licensed under this chapter, except that such person may not
insert needles into the skin or prescribe herbal medicine.
(Added to NRS by 1973, 639; A 1975, 235)
Doctors of Oriental
medicine shall observe and are subject to all state and municipal
regulations relative to reporting all births and deaths in all matters
pertaining to the public health.
(Added to NRS by 1973, 639; A 1975, 236; 1991, 1130; 2001, 1107
)
UNLAWFUL ACTS; PENALTIES
1. No seminar concerning Oriental medicine or acupuncture may be
conducted in this State except in accordance with regulations prescribed
by the Board for bona fide educational seminars.
2. Any person who violates subsection 1 is guilty of a misdemeanor.
(Added to NRS by 1975, 214; A 1991, 1130)
Any
person who represents himself as a practitioner of Oriental medicine, or
any branch thereof, or who engages in the practice of Oriental medicine,
or any branch thereof, in this State without holding a valid license
issued by the Board is guilty of a gross misdemeanor.
(Added to NRS by 1973, 640; A 1975, 236; 1981, 1291; 1991, 1130)
1. The Board may maintain in any court of competent jurisdiction a
suit for an injunction against any person who violates any provision of
this chapter.
2. Such an injunction:
(a) May be issued without proof of actual damage sustained by any
person, this provision being understood to be a preventive as well as a
punitive measure.
(b) Shall not relieve such person from any criminal prosecution for
the violation.
(Added to NRS by 1973, 640; A 1975, 236; 1977, 306)
In addition to any other
penalties prescribed by law, the Board may, after notice and a hearing,
as required by law, impose upon any person who violates any provision of
this chapter or the regulations adopted pursuant thereto an
administrative fine of not more than $2,500.
(Added to NRS by 1993, 887; A 2003, 3448 ; 2005, 769 )
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