USA Statutes : nevada
Title : Title 54 - PROFESSIONS, OCCUPATIONS AND BUSINESSES
Chapter : CHAPTER 634 - CHIROPRACTIC
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 634.012
to 634.018 , inclusive, have the meanings ascribed to them
in those sections.
[Part 5:23:1923; A 1945, 136; 1949, 655; 1951, 258; 1955, 506] +
[Part 11:23:1923; A 1951, 258]—(NRS A 1969, 347; 1971, 356, 2036; 1977,
189; 1981, 593; 1989, 1168)
“Board” means the Chiropractic
Physicians’ Board of Nevada.
[Part 5:23:1923; A 1945, 136; 1949, 655; 1951, 258; 1955, 506] +
[Part 11:23:1923; A 1951, 258]—(NRS A 1969, 347; 1971, 356, 2036; 1977,
189; 1981, 593; 1997, 818)
“Chiropractic” is defined to
be the science, art and practice of palpating and adjusting the
articulations of the human body by hand, the use of physiotherapy,
hygienic, nutritive and sanitary measures and all methods of diagnosis.
[Part 5:23:1923; A 1945, 136; 1949, 655; 1951, 258; 1955, 506] +
[Part 11:23:1923; A 1951, 258]—(NRS A 1969, 347; 1971, 356, 2036; 1977,
189; 1981, 593)
“Chiropractic
adjustment” means the application of a precisely controlled force applied
by hand or mechanical device to a specific focal point of the anatomy for
the sole purpose of creating a specific angular movement in skeletal
articulations to eliminate or decrease interference with neural
transmission and correct or attempt to correct subluxation complex.
(Added to NRS by 1989, 1168)
“Gross malpractice”
means malpractice where the failure to exercise the requisite degree of
care, diligence or skill consists of ministering to a patient while the
chiropractor is under the influence of alcohol or any controlled
substance.
(Added to NRS by 1983, 418; A 1987, 1561)
“Malpractice” means failure on
the part of a chiropractor to exercise the degree of care, diligence and
skill ordinarily exercised by chiropractors in good standing in the
community in which he practices.
(Added to NRS by 1983, 418)
“Subluxation complex”
means a biomechanical skeletal misalignment or dysfunction in a part of
the body which results in aberrant nerve transmission and expression.
(Added to NRS by 1989, 1168)
“Unprofessional
conduct” means:
1. Obtaining a certificate upon fraudulent credentials or gross
misrepresentation.
2. Procuring, or aiding or abetting in procuring, criminal
abortion.
3. Assuring that a manifestly incurable disease can be permanently
cured.
4. Advertising chiropractic business in which grossly improbable
statements are made, advertising in any manner that will tend to deceive,
defraud or mislead the public or preparing, causing to be prepared, using
or participating in the use of any form of public communication that
contains professionally self-laudatory statements calculated to attract
lay patients. As used in this subsection, “public communication”
includes, but is not limited to, communications by means of television,
radio, newspapers, books and periodicals, motion picture, handbills or
other printed matter.
5. Willful disobedience of the law, or of the regulations of the
State Board of Health or of the Chiropractic Physicians’ Board of Nevada.
6. Conviction of any offense involving moral turpitude, or the
conviction of a felony. The record of the conviction is conclusive
evidence of unprofessional conduct.
7. Administering, dispensing or prescribing any controlled
substance.
8. Conviction or violation of any federal or state law regulating
the possession, distribution or use of any controlled substance. The
record of conviction is conclusive evidence of unprofessional conduct.
9. Habitual intemperance or excessive use of alcohol or alcoholic
beverages or any controlled substance.
10. Conduct unbecoming a person licensed to practice chiropractic
or detrimental to the best interests of the public.
11. Violating, or attempting to violate, directly or indirectly,
or assisting in or abetting the violation of, or conspiring to violate,
any provision of this chapter or the regulations adopted by the Board, or
any other statute or regulation pertaining to the practice of
chiropractic.
12. Employing, directly or indirectly, any suspended or unlicensed
practitioner in the practice of any system or mode of treating the sick
or afflicted, or the aiding or abetting of any unlicensed person to
practice chiropractic under this chapter.
13. Repeated malpractice, which may be evidenced by claims of
malpractice settled against a practitioner.
14. Solicitation by the licensee or his designated agent of any
person who, at the time of the solicitation, is vulnerable to undue
influence, including, without limitation, any person known by the
licensee to have recently been involved in a motor vehicle accident,
involved in a work-related accident, or injured by, or as the result of
the actions of, another person. As used in this subsection:
(a) “Designated agent” means a person who renders service to a
licensee on a contract basis and is not an employee of the licensee.
(b) “Solicitation” means the attempt to acquire a new patient
through information obtained from a law enforcement agency, medical
facility or the report of any other party, which information indicates
that the potential new patient may be vulnerable to undue influence, as
described in this subsection.
15. Employing, directly or indirectly, any person as a
chiropractor’s assistant unless the person has been issued a certificate
by the Board pursuant to NRS 634.123 ,
or has applied for such a certificate and is awaiting the determination
of the Board concerning the application.
16. Aiding, abetting, commanding, counseling, encouraging,
inducing or soliciting an insurer or other third-party payor to reduce or
deny payment or reimbursement for the care or treatment of a patient,
unless such action is supported by:
(a) The medical records of the patient; or
(b) An examination of the patient by the chiropractic physician
taking such action.
[Part 5:23:1923; A 1945, 136; 1949, 655; 1951, 258; 1955, 506] +
[Part 11:23:1923; A 1951, 258]—(NRS A 1969, 347; 1971, 356, 2036; 1977,
189; 1981, 593; 1987, 1561; 1993, 328; 1997, 818; 2003, 3444 ; 2005, 2820 )
The practice of chiropractic
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 1997, 818)
CHIROPRACTIC PHYSICIANS’ BOARD OF NEVADA
1. The Chiropractic Physicians’ Board of Nevada, consisting of
seven members appointed by the Governor, is hereby created.
2. The Governor shall appoint:
(a) Four members who are:
(1) Graduates of chiropractic schools or colleges giving a
course of study embracing the following subjects: Anatomy, bacteriology,
chiropractic theory and practice, diagnosis or analysis, elementary
chemistry and toxicology, histology, hygiene and sanitation, obstetrics
and gynecology, pathology, physiology and symptomatology;
(2) Licensed under this chapter; and
(3) Actually engaged in the practice of chiropractic in this
State and who have been so engaged in this State for at least 3 years
preceding their appointment.
(b) One member 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.
(c) Two members who are representatives of the general public. A
member appointed pursuant to this paragraph must not be:
(1) A chiropractor or a chiropractor’s assistant; or
(2) The spouse or the parent or child, by blood, marriage or
adoption, of a chiropractor or a chiropractor’s assistant.
3. At least two of the appointees must have had a course in
physiotherapy in a school or college of chiropractic. Not more than two
persons who are resident graduates of the same school or college of
chiropractic may serve simultaneously as members of the Board.
4. If a member is not licensed under the provisions of this
chapter, the member shall not participate in preparing any examination
required by the Board.
[Part 1:23:1923; A 1929, 280; 1949, 655; 1943 NCL § 1080]—(NRS A
1969, 348; 1977, 1253; 1983, 420; 1997, 819; 2003, 1193 ; 2005, 2821 )
1. The term of office of each member of the Board is 4 years.
2. No member of the Board may serve more than two consecutive full
terms. If a person was appointed to fill an unexpired term of more than 2
years, he shall be deemed to have served a full term.
3. The Governor may remove any member of the Board for good cause.
(Added to NRS by 1993, 327)
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 1963, 152; A 1975, 304; 1981, 1992; 1983, 420;
1989, 1698)
1. The Board shall elect a President, Vice President and a
Secretary. The Secretary shall serve also as Treasurer of the Board.
2. The Board shall adopt reasonable regulations for the
transaction of business and to enable it to carry out its duties under
this chapter.
[Part 1:23:1923; A 1929, 280; 1949, 655; 1943 NCL § 1080]—(NRS A
1963, 83; 1981, 876; 1983, 420)
1. The Board shall hold regular meetings to transact business
semiannually. Emergency meetings may be called by the President or by any
three members.
2. Except in an emergency, written notice of each meeting must be
given at least 3 working days before the meeting. The notice must include
the time, place, location and agenda of the meeting.
3. Each meeting must be held in this State at a place designated
by the President and the Secretary.
[2:23:1923; A 1949, 655; 1951, 258] + [3:23:1923; NCL § 1082]—(NRS
A 1963, 83; 1965, 352; 1983, 420; 1987, 1466; 1993, 2639)
1. The costs of any special meeting held by the board at the
request of an institution, organization, chiropractic physician or an
applicant for any license or certificate issued pursuant to the
provisions of this chapter must be paid by the person or entity
requesting the meeting.
2. A special meeting may not be held pursuant to such a request
unless the person or entity requesting the meeting has submitted to the
board a deposit of money sufficient to defray the expenses of the meeting.
(Added to NRS by 1993, 328)
1. The Board shall appoint an Executive Director who serves at the
pleasure of the Board and is entitled to receive such compensation as may
be fixed by the Board.
2. The Board may:
(a) Maintain offices in as many localities in the State as it finds
necessary to carry out the provisions of this chapter.
(b) Employ attorneys, investigators and other professional
consultants and clerical personnel necessary to the discharge of its
duties.
(c) Enter and inspect any chiropractic office in this State in
order to enforce the provisions of this chapter.
(Added to NRS by 1963, 152; A 1969, 348; 1991, 2081)
The Board shall operate on the basis of
a fiscal year commencing on July 1 and terminating on June 30.
(Added to NRS by 1963, 152)
1. Except as otherwise provided in subsection 3, all money
collected by the Board must be deposited in banks, credit unions or
savings and loan associations in the State of Nevada, and must be used by
the Board to defray its legitimate expenses.
2. The Board may delegate to a hearing officer or panel its
authority to take any disciplinary action pursuant to this chapter,
impose and collect fines therefor and deposit the money therefrom in
banks, credit unions or savings and loan associations in this State.
3. If a hearing officer or panel is not authorized to take
disciplinary action pursuant to subsection 2 and the Board deposits the
money collected from the imposition of fines with the State Treasurer for
credit to the State General Fund, it 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.
[12:23:1923; A 1949, 655; 1943 NCL § 1091]—(NRS A 1963, 153; 1965,
61; 1983, 1536; 1999, 1533 )
LICENSES AND CERTIFICATES
1. All applicants for licenses to practice chiropractic in Nevada
must pass all examinations prescribed by the Board. Examinations must be
held at least semiannually.
2. The examinations may be written, oral, practical,
demonstrative, or any combination thereof, as the Board determines to be
sufficient, and must include, without limitation, the following subjects:
(a) Chapter 634 of NRS and regulations
of the Board;
(b) The technique for taking X rays, including the positioning of
the body, and interpretation of X rays;
(c) Chiropractic technique; and
(d) Clinical competency and case management.
[Part 7:23:1923; A 1929, 280; 1949, 655; 1951, 258; 1955, 506]—(NRS
A 1981, 1339; 1991, 2081; 1997, 820)
1. An applicant for examination must file an application not less
than 60 days before the date of the examination.
2. An application must be filed with the Secretary of the Board on
a form to be furnished by the Secretary.
3. An application must be verified and must state:
(a) When and where the applicant was born, the various places of
his residence during the 5 years immediately preceding the making of the
application and the address to which he wishes the Board to mail his
license.
(b) The name, age and sex of the applicant.
(c) The names and post office addresses of all persons by whom the
applicant has been employed for a period of 5 years immediately preceding
the making of the application.
(d) Whether or not the applicant has ever applied for a license to
practice chiropractic in any other state and, if so, when and where and
the results of the application.
(e) Whether the applicant is a citizen of the United States or
lawfully entitled to remain and work in the United States.
(f) Whether or not the applicant has ever been admitted to the
practice of chiropractic in any other state and, if so, whether any
discharge, dismissal, disciplinary or other similar proceedings have ever
been instituted against him. Such an applicant must also attach a
certificate of the Secretary of the chiropractic board of the state in
which the applicant was last licensed, certifying that the applicant is a
member in good standing of the chiropractic profession in that state, and
that no proceedings affecting his standing as a chiropractor are
undisposed of and pending.
(g) The applicant’s general and chiropractic education, including
the schools attended and the time of attendance at each school, and
whether he is a graduate of any school or schools.
(h) The names of:
(1) Two persons who have known the applicant for at least 3
years; and
(2) A person who is a chiropractor licensed pursuant to the
provisions of this chapter or a professor at a school of chiropractic.
(i) All other information required to complete the application.
[Part 7:23:1923; A 1929, 280; 1949, 655; 1951, 258; 1955, 506]—(NRS
A 1971, 357; 1983, 421; 1991, 2082; 1993, 329; 1995, 2749; 1997, 2130;
2005, 2728 , 2807 )
1. An applicant must, in addition to the requirements of NRS
634.070 and 634.080 , furnish satisfactory evidence to the Board:
(a) That he is of good moral character;
(b) Except as otherwise provided in subsection 2, not less than 60
days before the date of the examination, that he has a high school
education and is a graduate from a college of chiropractic which is
accredited by the Council on Chiropractic Education or which has a
reciprocal agreement with the Council on Chiropractic Education or any
governmental accrediting agency, whose minimum course of study leading to
the degree of doctor of chiropractic consists of not less than 4,000
hours of credit which includes instruction in each of the following
subjects:
(1) Anatomy;
(2) Bacteriology;
(3) Chiropractic theory and practice;
(4) Diagnosis and chiropractic analysis;
(5) Elementary chemistry and toxicology;
(6) Histology;
(7) Hygiene and sanitation;
(8) Obstetrics and gynecology;
(9) Pathology;
(10) Physiology; and
(11) Physiotherapy; and
(c) That he:
(1) Holds certificates which indicate that he has passed
parts I, II, III and IV, and the portion relating to physiotherapy, of
the examination administered by the National Board of Chiropractic
Examiners; or
(2) Has actively practiced chiropractic in another state for
not fewer than 7 of the immediately preceding 10 years without having any
adverse disciplinary action taken against him.
2. The Board may, for good cause shown, waive the requirement for
a particular applicant that the college of chiropractic from which the
applicant graduated must be accredited by the Council on Chiropractic
Education or have a reciprocal agreement with the Council on Chiropractic
Education or a governmental accrediting agency.
3. Except as otherwise provided in subsection 4, every applicant
is required to submit evidence of his successful completion of not less
than 60 credit hours at an accredited college or university.
4. Any applicant who has been licensed to practice in another
state, and has been in practice for not less than 5 years, is not
required to comply with the provisions of subsection 3.
[Part 7:23:1923; A 1929, 280; 1949, 655; 1951, 258; 1955, 506]—(NRS
A 1965, 352; 1971, 562; 1975, 118; 1983, 421; 1991, 2082; 1997, 820;
2001, 5 ; 2003, 3445 )
Each
applicant for a license to practice chiropractic or to practice as a
chiropractor’s assistant must submit to the Board 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.
(Added to NRS by 2003, 2860 )
[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
chiropractic or a certificate to practice as a chiropractor’s 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 chiropractic or a certificate to practice as a chiropractor’s
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 chiropractic or a certificate to practice
as a chiropractor’s 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, 2129; A 2005, 2728 , 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 chiropractic or a certificate to practice as a chiropractor’s
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 chiropractic or a certificate to practice
as a chiropractor’s 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, 2129; A 2005, 2728 , 2729 , 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. An applicant for a license to practice chiropractic in this
State must pay the required fee to the Secretary of the Board not less
than 60 days before the date of the examination.
2. A score of 75 percent or higher in all subjects taken on the
examination is a passing score.
3. If an applicant fails to pass the first examination, he may
take a second examination within 1 year without payment of any additional
fees. Credit must be given on this examination for all subjects
previously passed with a score of 75 percent or higher.
4. An applicant for a certificate as a chiropractor’s assistant
must pay the required fee to the Secretary of the Board before the
application may be considered.
[Part 7:23:1923; A 1929, 280; 1949, 655; 1951, 258; 1955, 506]—(NRS
A 1965, 352; 1969, 348; 1979, 171; 1981, 1150; 1991, 2083; 1993, 330;
1997, 821)
1. An applicant for a license to practice chiropractic who has the
qualifications prescribed in NRS 634.090 may, while waiting to take the Board’s
examination but for no longer than 2 years, perform chiropractic, but not
including chiropractic adjustment or manipulation, under the direct
supervision of a chiropractor who is professionally and legally
responsible for the applicant’s performance.
2. As used in this section, “manipulation” means an application of
a resistive movement by applying a nonspecific force, without the use of
a thrust, which is directed into a region and not into a focal point of
the anatomy.
(Added to NRS by 1981, 1339; A 1989, 1168)
1. Except as otherwise provided in subsections 4 and 5, upon
application, payment of the required fee and the approval of its
Secretary and President, the Board may, without examination, grant a
temporary license to practice chiropractic in this State to a person who
holds a corresponding license or certificate in another jurisdiction
which is in good standing and who actively practices chiropractic in that
jurisdiction. A temporary license may be issued for the limited purpose
of authorizing the holder thereof to treat patients in this State.
2. Except as otherwise provided in this subsection, an applicant
for a temporary license must file an application with the Secretary of
the Board not less than 30 days before the applicant intends to practice
chiropractic in this State. Upon the request of an applicant, the
President or Secretary may, for good cause, authorize the applicant to
file his application fewer than 30 days before he intends to practice
chiropractic in this State.
3. An application for a temporary license must be accompanied by a
fee of $50 and include:
(a) The applicant’s name, the address of his primary place of
practice and his telephone number;
(b) A current photograph of the applicant measuring 2 by 2 inches;
(c) The name of the chiropractic school or college from which the
applicant graduated and the date of his graduation; and
(d) The number of the applicant’s license to practice chiropractic
in another jurisdiction.
4. A temporary license is valid for the 10-day period designated
on the license and is not renewable.
5. The Board may not grant more than two temporary licenses to an
applicant during any calendar year.
(Added to NRS by 1993, 327; A 2001, 6 )
1. All licenses must be signed by the President and the Secretary
and be attested by the official seal of the Board. The required fee must
be collected before a license to practice chiropractic is delivered.
2. A license to practice chiropractic authorizes the licensee to
use the term “chiropractic physician.”
3. A license to practice chiropractic must be displayed
prominently at the licensee’s principal place of practice.
[Part 8:23:1923; A 1951, 258] + [8.5:23:1923; added 1955, 506]—(NRS
A 1969, 349; 1975, 642; 1979, 958; 1981, 1340; 1993, 330)
1. Any person who holds a license to practice chiropractic in this
State but who does not maintain an active practice in this State may
maintain his license on inactive status by notifying the Board and paying
the required fee.
2. An applicant to have an inactive license restored to active
status must:
(a) Submit satisfactory evidence to the Board that he has
maintained an active practice in another state, territory or country
within the preceding 5 years;
(b) Submit satisfactory evidence to the Board from all other
licensing agencies from whom he has a license that he is in good standing
and has no legal actions pending against him;
(c) Submit satisfactory evidence to the Board that he has
participated in a program of continuing education in accordance with NRS
634.130 for the year in which he seeks
to go on active status; and
(d) Pay the required fee.
3. If any of the conditions of paragraphs (a) to (d), inclusive,
of subsection 2 are not met by an applicant for active status, the Board
shall hold a hearing to determine the applicant’s professional competency
and fitness and may require the applicant to pass the National Special
Purposes Examination for Chiropractic prepared by the National Board of
Chiropractic Examiners before placing the license on active status.
(Added to NRS by 1987, 818; A 1993, 331; 1995, 2750)
1. The Board may issue a certificate to a properly qualified
applicant to perform ancillary services relating to chiropractic, other
than chiropractic adjustment, under the supervision of a chiropractor.
The Board shall specify the formal training, including at least 12 months
of study or the equivalent, which such an applicant must have completed
before the Board awards him a certificate as a chiropractor’s assistant.
2. An application for the issuance of a certificate as a
chiropractor’s assistant must include all information required to
complete the application.
(Added to NRS by 1981, 1150; A 1997, 2131; 2005, 2730 , 2807 )
A
chiropractor’s assistant may perform such ancillary services relating to
chiropractic as he is authorized to perform under the terms of a
certificate issued to him by the Board. Those services must be rendered
under the supervision and control of a chiropractor.
(Added to NRS by 1981, 1150)
No chiropractor may supervise more than four
chiropractor’s assistants at the same time.
(Added to NRS by 1981, 1150; A 1991, 2084; 2001, 6 )
1. Each chiropractic physician or chiropractor’s assistant
licensed by the Board shall:
(a) File with the Board the address of each office where he
practices; and
(b) Notify the Board, in writing, of a change in the location of
any of those offices within 15 days after the change.
2. If the licensee does not have an office for his practice, he
shall provide the Board with the address of his principal residence.
(Added to NRS by 1991, 2081)
1. If a person practices chiropractic in this State without
maintaining professional liability insurance, the person shall:
(a) Post in a conspicuous place in each location at which the
person practices chiropractic under his license a written disclosure
which discloses to patients that the person does not maintain
professional liability insurance; or
(b) Before providing any chiropractic treatment or care to a
patient, give the patient a written disclosure which discloses to the
patient that the person does not maintain professional liability
insurance. The written disclosure may be included with other written
information given to the patient.
2. The Board:
(a) Shall adopt regulations prescribing the form, size, contents
and placement of the written disclosures required by this section; and
(b) May adopt any other regulations that are necessary to carry out
the provisions of this section.
(Added to NRS by 2005, 2820 )
1. Licenses and certificates must be renewed annually. Each person
who is licensed pursuant to the provisions of this chapter must, upon the
payment of the required renewal fee and the submission of all information
required to complete the renewal, be granted a renewal certificate which
authorizes him to continue to practice for 1 year.
2. The renewal fee must be paid and all information required to
complete the renewal must be submitted to the Board on or before January
1 of the year to which it applies.
3. Except as otherwise provided in subsection 4, a licensee in
active practice within this State must submit satisfactory proof to the
Board that he has attended at least 12 hours of continuing education
which is approved or endorsed by the Board. The educational requirement
of this section may be waived by the Board if the licensee files with the
Board a statement of a chiropractic physician, osteopathic physician or
doctor of medicine certifying that the licensee is suffering from a
serious or disabling illness or physical disability which prevented him
from completing the requirements for continuing education during the 12
months immediately preceding the renewal date of his license.
4. A licensee is not required to comply with the requirements of
subsection 3 until the calendar year after the year the Board issues to
him an initial license to practice as a chiropractor in this State.
5. If a licensee fails to:
(a) Pay his renewal fee by January 1;
(b) Submit proof of continuing education pursuant to subsection 3;
(c) Notify the Board of a change in the location of his office
pursuant to NRS 634.129 ; or
(d) Submit all information required to complete the renewal,
Ê his license is automatically suspended and may be reinstated only upon
the payment of the required fee for reinstatement in addition to the
renewal fee.
6. If a holder of a certificate as a chiropractor’s assistant
fails to:
(a) Pay his renewal fee by January 1;
(b) Notify the Board of a change in the location of his office
pursuant to NRS 634.129 ; or
(c) Submit all information required to complete the renewal,
Ê his certificate is automatically suspended and may be reinstated only
upon the payment of the required fee for reinstatement in addition to the
renewal fee.
[Part 8:23:1923; A 1951, 258]—(NRS A 1963, 279; 1969, 349; 1971,
358; 1975, 642; 1977, 965; 1981, 1340; 1983, 422; 1991, 2084; 1993, 331;
1995, 2750; 1997, 821, 2131; 2003, 3446 ; 2005, 2730 , 2807 , 2817 )
1. The Board may charge and collect fees not to exceed:
For an application for a license to practice
chiropractic............................. $200.00
For an examination for a license to practice
chiropractic.............................. 200.00
For an application for, and the issuance of, a certificate as a
chiropractor’s assistant 100.00
For an examination for a certificate as a chiropractor’s
assistant................ 100.00
For the issuance of a license to practice
chiropractic................................... 300.00
For the annual renewal of a license to practice
chiropractic........................ 500.00
For the annual renewal of an inactive license to practice
chiropractic....... 150.00
For the annual renewal of a certificate as a chiropractor’s
assistant.......... 100.00
For the restoration to active status of an inactive license to practice
chiropractic 300.00
For reinstating a license to practice chiropractic which has been
suspended or revoked 500.00
For reinstating a certificate as a chiropractor’s assistant which has
been suspended pursuant to NRS 634.130 100.00
For a review of any subject on the
examination............................................... 25.00
For the issuance of a duplicate license or for changing the name on a
license 35.00
For written certification of
licensure..................................................................
25.00
For providing a list of persons who are licensed to practice chiropractic
to a person who is not licensed to practice
chiropractic...............................................................
....................................... 25.00
For providing a list of persons who were licensed to practice
chiropractic following the most recent examination of the Board to a
person who is not licensed to practice chiropractic.............. 10.00
For a set of mailing labels containing the names and addresses of the
persons who are licensed to practice chiropractic in this
State......................................................................
.................................... 35.00
For providing a copy of the statutes, regulations and other rules
governing the practice of chiropractic in this State to a person who is
not licensed to practice chiropractic.................................
25.00
For each page of a list of continuing education courses that have been
approved by the Board .50
For an application to a preceptor program offered by the Board to
graduates of chiropractic schools or
colleges...................................................................
........................................................ 35.00
For a review by the Board of a course offered by a chiropractic school or
college or a course of continuing education in
chiropractic...............................................................
....................................... 25.00
2. In addition to the fees set forth in subsection 1, the Board
may charge and collect reasonable and necessary fees for any other
service it provides.
3. For a check or other method of payment made payable to the
Board or tendered to the Board that is returned to the Board or otherwise
dishonored upon presentation for payment, the Board shall assess and
collect a fee in the amount established by the State Controller pursuant
to NRS 353C.115 .
(Added to NRS by 1993, 327; A 1995, 2751; 2003, 20th Special
Session, 219 ; 2005, 591 , 2822 )
DISCIPLINARY ACTION
The
grounds for initiating disciplinary action pursuant to this chapter are:
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 felony relating to the practice of chiropractic;
(c) A violation of any of the provisions of NRS 616D.200 , 616D.220 , 616D.240 or 616D.300 to 616D.440 , inclusive; or
(d) Any offense involving moral turpitude.
3. Suspension or revocation of the license to practice
chiropractic by any other jurisdiction.
4. Gross or repeated malpractice.
5. Referring, in violation of NRS 439B.425 , a patient to a health facility, medical
laboratory or commercial establishment in which the licensee has a
financial interest.
[Part 11:23:1923; A 1951, 258]—(NRS A 1971, 2037; 1983, 422; 1987,
1562; 1991, 2439; 1993, 787, 2597; 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 to practice chiropractic or a certificate to practice as a
chiropractor’s 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 chiropractic or
a certificate to practice as a chiropractor’s 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 by the Board pursuant to NRS 634.135 for the reinstatement of a suspended license
or certificate.
(Added to NRS by 1997, 2130; A 2005, 2807 )
The Board or any of its members who become aware that any
one or a combination of the grounds for initiating disciplinary action
may exist as to a person practicing chiropractic in this State shall, and
any other person who is so aware may, file a written complaint specifying
the relevant facts with the Executive Director of the Board.
[Part 11:23:1923; A 1951, 258]—(NRS A 1983, 423; 1991, 2084)
1. When a complaint is filed with the Executive Director of the
Board, it must be considered by the President or a member of the Board
designated by him. If, from the complaint or from other official records,
it appears that the complaint may be well founded in fact, the Executive
Director shall cause written notice of the charges in the complaint to be
served upon the person charged at least 20 days before the date fixed for
the hearing. If the Board receives a report pursuant to subsection 5 of
NRS 228.420 , a hearing must be held
within 30 days after receiving the report.
2. If the complaint is not deemed by the President or designated
member of the Board to be of sufficient import or sufficiently well
founded to merit bringing proceedings against the person charged, the
complaint must be held in abeyance and discussed at the next meeting of
the Board.
[Part 11:23:1923; A 1951, 258]—(NRS A 1983, 423; 1991, 2084; 1993,
788)
1. The person charged is entitled to a hearing before the Board,
but the failure of the person charged to attend his hearing or his
failure to defend himself does not delay or void the proceedings. The
Board may, for good cause shown, continue any hearing from time to time.
2. If the Board finds the person guilty as charged in the
complaint, it may by order:
(a) Place the person on probation for a specified period or until
further order of the Board.
(b) Administer to the person a public reprimand.
(c) Limit the practice of the person to, or by the exclusion of,
one or more specified branches of chiropractic.
(d) Suspend the license of the person to practice chiropractic for
a specified period or until further order of the Board.
(e) Revoke the license of the person to practice chiropractic.
(f) Impose a fine of not more than $10,000, which must be deposited
with the State Treasurer for credit to the State General Fund.
Ê The order of the Board may contain such other terms, provisions or
conditions as the Board deems proper and which are not inconsistent with
law.
3. If the Board finds that a licensee has violated the provisions
of NRS 439B.425 , the Board shall
suspend his license for a specified period or until further order of the
Board.
4. The Board shall not administer a private reprimand.
5. An order that imposes discipline and the findings of fact and
conclusions of law supporting that order are public records.
[Part 11:23:1923; A 1951, 258]—(NRS A 1975, 193; 1979, 959; 1983,
424; 1991, 2439; 1993, 886, 2598; 2003, 3447 )
1. Any disciplinary action taken by a hearing officer or panel
pursuant to NRS 634.050 is subject to
the same procedural requirements which apply to disciplinary actions
taken by the Board, and the officer or panel has those powers and duties
given to the Board in relation thereto.
2. A decision of the hearing officer or panel relating to the
imposition of a fine is a final decision in a contested case. Any party
aggrieved by a decision of the officer or panel to place a licensee on
probation or revoke or suspend a license may appeal that decision to the
Board.
(Added to NRS by 1983, 1536)
1. For the purposes of this chapter, the Secretary or President of
the Board may issue subpoenas to compel the attendance of witnesses and
the production of books and papers.
2. If any witness refuses to attend or testify or produce any
books and papers as required by the subpoena, the Secretary or President
of the Board may report to the district court by petition, setting forth
that:
(a) Due notice has been given of the time and place of attendance
of the witness or the production of the books and papers;
(b) The witness has been subpoenaed by the Board pursuant to this
section; and
(c) The witness has failed or refused to attend or produce the
books and papers required by the subpoena before the Board which is named
in the subpoena, or has refused to answer questions propounded to him,
and asking for an order of the court compelling the witness to attend and
testify or produce the books and papers before the Board.
3. Upon such a petition, the court shall enter an order directing
the witness 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 attended
or testified or produced the books or papers before the Board. A
certified copy of the order must be served upon the witness.
4. If it appears to the court that the subpoena was regularly
issued by the Board, the court shall enter an order that the witness
appear before the Board at the time and place fixed in the order and
testify or produce the required books or papers, and upon failure to obey
the order the witness must be dealt with as for contempt of court.
(Added to NRS by 1983, 418)
1. Any person who has been placed on probation or whose license
has been limited, suspended or revoked by the Board is entitled to
judicial review of the Board’s order.
2. Every order of the Board which limits the practice of
chiropractic or suspends or revokes a license is effective from the date
the Secretary certifies the order to the proper county recorder until the
order is modified or reversed by a final judgment of 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 that priority by law.
[Part 11:23:1923; A 1951, 258]—(NRS A 1977, 90; 1983, 424; 1989,
1658)
1. Any person:
(a) Whose practice of chiropractic has been limited; or
(b) Whose license to practice chiropractic has been suspended until
further order or revoked,
Ê by an order of the Board may apply to the Board after a reasonable
period for removal of the limitation or restoration of his license.
2. In hearing the application, the Board:
(a) May require the person to submit to a mental or physical
examination by physicians or other appropriate 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; and
(c) May deny the application or modify or rescind its order as it
deems the evidence and the public safety warrant.
(Added to NRS by 1983, 419)
1. In addition to any other remedy provided by law, the Board,
through its President, Secretary or its attorney, or the Attorney
General, may bring an action in any court of competent jurisdiction to
enjoin any person who does not hold a license issued by the Board from
practicing chiropractic or representing himself to be a chiropractor. As
used in this subsection, “practicing chiropractic” includes the
conducting of independent examinations and the offering of opinions
regarding the treatment or care, or both, with respect to patients who
are residents of this State.
2. The court in a proper case may issue an injunction for such
purposes without proof of actual damage sustained by any person, this
provision being a preventive as well as a punitive measure. The issuance
of such an injunction does not relieve the person from criminal
prosecution for a violation of NRS 634.227 .
(Added to NRS by 1983, 419; A 1989, 1169; 2003, 3447 )
1. The Board shall keep a record of its proceedings relating to
licensing and disciplinary actions. Except as otherwise provided in NRS
634.214 , the records must be open to
public inspection at all reasonable times and must contain the name,
known place of business and residence, and the date and number of the
license of every chiropractor licensed under this chapter. The Board may
keep such other records as it deems desirable.
2. Except as otherwise provided in this subsection, all
information pertaining to the personal background, medical history or
financial affairs of an applicant or licensee which the Board requires to
be furnished to it under this chapter, or which it otherwise obtains, is
confidential and may be disclosed in whole or in part only as necessary
in the course of administering this chapter or upon the order of a court
of competent jurisdiction. The Board may, under procedures established by
regulation, permit the disclosure of this information to any agent of the
Federal Government, of another state or of any political subdivision of
this State who is authorized to receive it.
3. Notice of the disclosure and the contents of the information
disclosed pursuant to subsection 2 must be given to the applicant or
licensee who is the subject of that information.
(Added to NRS by 1983, 419; A 2003, 3448 )
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
the investigation conducted to determine whether to initiate disciplinary
action are confidential and may be disclosed in whole or in part only as
necessary in the course of administering this chapter or to a licensing
board or agency or any other governmental agency, including, without
limitation, a law enforcement agency, that is investigating a person who
is licensed pursuant to the provisions of this chapter.
2. The complaint or other document filed by the Board to initiate
disciplinary action and all documents and information considered by the
Board when determining whether to impose discipline are public records.
(Added to NRS by 2003, 3444 ; A 2005, 2823 )
The Board or any person who or other organization which
initiates or assists in any lawful investigation or proceeding concerning
the discipline of a chiropractor for gross malpractice, repeated
malpractice or unprofessional conduct is immune from any civil action for
that initiation or assistance or any consequential damages, if the person
or organization acted without malicious intent.
(Added to NRS by 1983, 419)
PROHIBITED ACTS; PENALTIES
Nothing in this chapter
shall be construed to permit a chiropractor to practice medicine,
osteopathic medicine, dentistry, optometry or podiatry, or to administer
or prescribe drugs.
[Part 5:23:1923; A 1945, 136; 1949, 655; 1951, 258; 1955, 506]—(NRS
A 1969, 349, 905; 1977, 965)
A chiropractor shall not pierce or sever any body
tissue, except to draw blood for diagnostic purposes.
(Added to NRS by 1969, 349)
1. A person who:
(a) Presents to the Board as his own the diploma, license or
credentials of another;
(b) Gives false or forged evidence of any kind to the Board; or
(c) Practices chiropractic under a false or assumed name or falsely
personates another licensee,
Ê is guilty of a misdemeanor.
2. Except as otherwise provided in NRS 634.105 , a person who does not hold a license issued
pursuant to this chapter and:
(a) Practices chiropractic in this State;
(b) Holds himself out as a chiropractor;
(c) Uses any combination, variation or abbreviation of the terms
“chiropractor,” “chiropractic” or “chiropractic physician” as a
professional or commercial representation; or
(d) Uses any means which directly or indirectly conveys to another
person the impression that he is qualified or licensed to practice
chiropractic,
Ê is guilty of a category D felony and shall be punished as provided in
NRS 193.130 .
[Part 6:23:1923; NCL § 1085]—(NRS A 1975, 369; 1981, 876, 1339;
1987, 1466; 1995, 1311)
Except as provided in NRS 634.227 , any person violating any of the provisions of
this chapter shall be guilty of a misdemeanor.
[13:23:1923; NCL § 1092]—(NRS A 1967, 642; 1975, 369)
