Nac: Chapter 634A - Oriental Medicine

Link to law: http://www.leg.state.nv.us/nac/NAC-634A.html
Published: 2015

[Rev. 11/22/2013 10:03:45

AM--2013]



[NAC-634A Revised Date: 7-11]

CHAPTER 634A - ORIENTAL MEDICINE

GENERAL PROVISIONS

634A.001         Definitions.

634A.002         “Board” defined.

634A.003         “Doctor of Oriental medicine”

defined.

634A.004         “Executive Director” defined.

634A.007         “Licensee” defined.

634A.008         “Oriental medicine” defined.

STATE BOARD OF ORIENTAL MEDICINE

634A.010         Executive Director; principal

office.

634A.020         Meetings.

LICENSING AND FEES

634A.071         Application: General requirements.

634A.075         Application: Rejection by Board.

634A.080         Evidence of qualifications of

applicant; approval of program of study.

634A.085         Compliance with requirement of

passing examination administered by national organization.

634A.090         Investigation of applicant:

Prerequisite to practical examination.

634A.095         Proficiency of applicant in English

language.

634A.100         Practical examination of applicant.

634A.105         Disclosure of certain relationships

between member of Board and applicant.

634A.110         Reexamination of applicant who fails

practical examination.

634A.116         License issued to alien: Inactive

status; required statement.

634A.121         Practice under fictitious name;

prohibition against multiple licenses and registration under same name.

634A.125         Issuance of temporary certificate

for seminar, lecture or teaching.

634A.130         Pocket license.

634A.135         Continuing education; placement of

license on inactive status; reinstatement to active status.

634A.137         Approval of courses of continuing

education.

634A.140         Payment of annual registration fee.

634A.150         Reinstatement of license cancelled

for failure to pay annual fee.

634A.160         Surrender of license and pocket

license when suspended or revoked; replacement of lost, stolen or destroyed

license or pocket license.

634A.165         Fees of Board.

PROFESSIONAL CONDUCT

634A.170         Grounds for disciplinary action.

PRACTICE BEFORE STATE BOARD OF ORIENTAL MEDICINE

General Provisions

634A.210         Scope, construction and application

of regulations.

634A.220         Communications.

634A.230         Payment of fees and remittances;

refund of application fee.

634A.240         Computation of time.

634A.245         Request for Board to consider or

take action upon matter at meeting.

634A.250         Request for additional information

from Board.

Parties

634A.260         Classification of parties.

634A.270         Staff of Board may be party to

proceeding.

634A.280         Rights of parties.

634A.290         Appearances.

634A.300         Representation of parties;

qualifications of attorneys.

634A.310         Service of process on attorney.

634A.320         Withdrawal of attorney.

634A.330         Conduct required.

Pleadings, Motions and Other Papers

634A.340         Captions, amendments and

construction of pleadings.

634A.350         Applications.

634A.360         Petitions.

634A.370         Complaints; notification of

respondents; use of evidence obtained after notification.

634A.380         Answers; entry of default upon

failure to file.

634A.390         Motions: Contents; opposition;

reply; oral argument.

634A.400         Filing.

634A.410         Service of process.

Hearings

634A.430         Hearings held before Board:

Location; notice.

634A.440         Continuances.

634A.450         Failure of party to appear.

634A.460         Subpoenas.

634A.470         Testimony must be under oath.

634A.480         Preliminary procedure.

634A.490         Presentation of evidence.

634A.500         Consolidation.

634A.510         Stipulations.

634A.520         Official notice of Board.

634A.530         Briefs.

634A.540         Decisions and orders.

634A.550         Records of hearings.

Declaratory Orders and Advisory Opinions

634A.560         Petition; issuance of order or

opinion.

Adoption, Filing, Amendment or Repeal of Regulations

634A.570         Petition.

 

 

 

GENERAL PROVISIONS

      NAC 634A.001  Definitions. (NRS 634A.070)  As used

in this chapter, unless the context otherwise requires, the words and terms

defined in NAC 634A.002 to 634A.008,

inclusive, have the meanings ascribed to them in those sections.

     (Supplied in codification; A by Bd. of Oriental Med. by

R071-02, 11-25-2002)—(Substituted in revision for NAC 634A.005)

      NAC 634A.002  “Board” defined. (NRS 634A.070)  “Board”

means the State Board of Oriental Medicine.

     (Added to NAC by Bd. of Oriental Med. by R071-02, eff.

11-25-2002)

      NAC 634A.003  “Doctor of Oriental medicine” defined. (NRS 634A.070)  “Doctor

of Oriental medicine” means a person who is licensed pursuant to chapter 634A of NRS to practice as a

doctor of Oriental medicine.

     (Added to NAC by Bd. of Oriental Med. by R071-02, eff.

11-25-2002)

      NAC 634A.004  “Executive Director” defined. (NRS 634A.070)  “Executive

Director” means the Executive Director of the Board.

     (Added to NAC by Bd. of Oriental Med. by R071-02, eff.

11-25-2002)

      NAC 634A.007  “Licensee” defined. (NRS 634A.070)  “Licensee”

means a doctor of Oriental medicine.

     (Added to NAC by Bd. of Oriental Med. by R071-02, eff.

11-25-2002)

      NAC 634A.008  “Oriental medicine” defined. (NRS 634A.070)  “Oriental

medicine” has the meaning ascribed to it in NRS 634A.020.

     (Added to NAC by Bd. of Oriental Med. by R071-02, eff.

11-25-2002)

STATE BOARD OF ORIENTAL MEDICINE

      NAC 634A.010  Executive Director; principal office. (NRS 634A.070)

     1.  The Board will designate a person to act

as Executive Director of the Board.

     2.  The principal office of the Board is the

office of that person designated as the Executive Director.

     [Bd. of Oriental Med., Rule 2.1, eff. 7-26-77]—(NAC A

by R071-02, 11-25-2002; R193-07, 6-17-2008)

      NAC 634A.020  Meetings. (NRS 634A.070, 634A.080)  Regular

meetings of the Board will be held at its principal office or such other place

as the Board may specify, and at such times as the Board may designate.

     [Bd. of Oriental Med., Rule 2.2, eff. 7-26-77]

LICENSING AND FEES

      NAC 634A.071  Application: General requirements. (NRS 634A.070, 634A.110)

     1.  A person who desires to be licensed by

the Board as a doctor of Oriental medicine must:

     (a) File an application with the Executive Director

at least 6 months before the date of the practical examination in which the

applicant wishes to participate;

     (b) Pay to the Board at the time of filing his or

her application any applicable fees set forth in NAC

634A.165; and

     (c) Submit any other documentation or proof that

the Board may require.

     2.  The application must be:

     (a) Made on the form provided by the Board; and

     (b) Typed or written in English.

     3.  The application must include:

     (a) The social security number of the applicant;

     (b) A set of the fingerprints of the applicant,

together with written consent for the Board to submit the fingerprints to any

law enforcement agency in connection with his or her application;

     (c) Written consent of the applicant to an

investigation of his or her personal background, professional training and

experience by the Board or any person acting on its behalf; and

     (d) Evidence that the applicant possesses the

qualifications required pursuant to this chapter and chapter 634A of NRS for licensure as a

doctor of Oriental medicine.

     (Added to NAC by Bd. of Oriental Med. by R071-02, eff.

11-25-2002)

      NAC 634A.075  Application: Rejection by Board. (NRS 634A.070)

     1.  The Board may reject an application for

licensure as a doctor of Oriental medicine if it appears that:

     (a) The applicant is not qualified for licensure or

is not of good moral character or reputation;

     (b) Any credential submitted is false;

     (c) The application is not made in proper form or

other deficiencies appear in it; or

     (d) The application is not completed within 6

months.

     2.  The Board will reject an application if

the applicant’s check to pay any applicable fees is returned for insufficient

funds.

     (Added to NAC by Bd. of Oriental Med. by R071-02, eff.

11-25-2002)

      NAC 634A.080  Evidence of qualifications of applicant; approval of program of

study. (NRS

634A.070, 634A.080, 634A.140)

     1.  An applicant for a license to practice

Oriental medicine must submit, together with his or her application, evidence

that he or she has successfully completed an accredited 4-year program of

study, or its equivalent, in Oriental medicine at a school or college of

Oriental medicine which is approved by the Board.

     2.  If the application is submitted pursuant

to subsection 1 of NRS 634A.140,

the applicant must submit evidence showing that he or she has earned a

bachelor’s degree from an accredited college or university in the United

States.

     3.  If the application is submitted pursuant

to subsection 2 of NRS 634A.140,

the applicant must submit evidence that he or she has lawfully practiced

Oriental medicine in another state or foreign country for at least 4 years.

     4.  For the purposes of subsection 1, the

Board may approve an accredited 4-year program of study, or its equivalent, in

Oriental medicine at a school or college of Oriental medicine if the Board

finds that:

     (a) The program of study includes training or instruction

in the subjects of acupuncture, moxibustion, herbology, Oriental physiology,

Oriental pathology, Oriental diagnosis, tuina, biology, physics, chemistry,

biochemistry, anatomy, Western physiology, Western pathology, Western

diagnosis, pharmacology, laboratory and radiology; and

     (b) The program of study:

          (1) Required the completion of at least 2,800

hours of instruction, including not less than 2,500 didactic hours, for a

student to have graduated before November 25, 2002; or

          (2) Requires the completion of at least 3,000

hours of instruction, including not less than 2,500 didactic hours, for a

student to graduate on or after November 25, 2002.

     5.  For the purposes of subsections 2 and 3,

evidence that the applicant is qualified for licensure as a doctor of Oriental

medicine must include certified copies of any diplomas,

transcripts, licenses and certificates issued to the

applicant. If possible, all certified copies of official diplomas, transcripts,

licenses or certificates must be forwarded directly to the Executive Director

from the issuing entity rather than from the applicant.

     [Bd. of Oriental Med., Art. IV part § 1, eff. 7-19-76;

+ Art. V part § 1, eff. 4-26-74]—(NAC A 1-22-92; R071-02, 11-25-2002)

      NAC 634A.085  Compliance with requirement of passing examination administered

by national organization. (NRS 634A.070, 634A.120)  To

comply with the requirement of passing an examination in Oriental medicine that

is administered by a national organization approved by the Board pursuant to NRS 634A.120, an applicant for

licensure as a doctor of Oriental medicine must pass the examinations for

acupuncture and Chinese herbology administered by a national organization

approved by the Board.

     (Added to NAC by Bd. of Oriental Med. by R071-02, eff.

11-25-2002; A by R193-07, 6-17-2008)

      NAC 634A.090  Investigation of applicant: Prerequisite to practical

examination. (NRS

634A.070, 634A.110)

     1.  An investigation of an applicant’s

background and training by the Board or any person acting on its behalf must

include:

     (a) Verification of a report from the Federal

Bureau of Investigation showing no prior convictions;

     (b) Verification of graduation from a school or

college approved by the Board;

     (c) Verification of licensure in another state or

country, if applicable;

     (d) Verification that questions on the application

relating to the applicant’s background have been answered correctly; and

     (e) Further investigation of an applicant who

attended a foreign school or college or practiced Oriental medicine in another

state or country as the circumstances warrant.

     2.  An applicant may not take the practical

examination for which he or she has applied before the investigation of his or

her background and training has been completed.

     [Bd. of Oriental Med., Art. VII §§ 1 & 2, eff. 4-26-74;

§ 3, eff. 4-26-74; A 7-19-76]—(NAC A by R071-02, 11-25-2002; R193-07, 6-17-2008)

      NAC 634A.095  Proficiency of applicant in English language. (NRS 634A.070, 634A.120)

     1.  Except as otherwise provided in

subsection 2, an applicant for a license to practice Oriental medicine must:

     (a) Before taking the practical examination, pass

the Test of English as a Foreign Language with a score of at least 550; and

     (b) At the time of the practical examination,

demonstrate a reasonable proficiency in the English language through an oral

interview.

     2.  Subsection 1 does not apply to an

applicant who graduated from a high school or college in the United States.

     [Bd. of Oriental Med., Art. V, part § 1 & part § 4,

eff. 4-26-74]—(NAC A 7-19-82; R071-02, 11-25-2002)—(Substituted in revision for

NAC 634A.055)

      NAC 634A.100  Practical examination of applicant. (NRS 634A.070, 634A.120)

     1.  The practical examination will be given

in June and December of each year. An applicant may not take the practical

examination unless the applicant has first passed the examinations required

pursuant to NAC 634A.085. The Executive Director

shall notify an applicant of the time and place of the practical examination

not later than 20 days before the date on which the practical examination is

scheduled.

     2.  During the practical examination, only

the testing consultant and the applicants will be allowed in the examination

rooms.

     3.  Various sections of the practical

examination may be given in written, oral or demonstrative form.

     4.  As a part of any practical examination,

the Board may examine an applicant as to his or her basic knowledge of the

following subjects:

     (a) Needling. The Board may require a demonstration

of needling on a patient or on the applicant himself or herself.

     (b) Skills pertaining to sterilization.

     (c) Skills pertaining to the use of herbs.

     (d) Basic medical science concerning anatomy,

physiology, pathology, biochemistry, bacteriology and communicable diseases.

     (e) Applicable laws and regulations pertaining to

health and safety.

     (f) Use of the English language, as described in NAC 634A.095.

     5.  Each applicant shall take the practical

examination in the English language.

     6.  An applicant must receive an overall

score of 75 percent on the practical examination and 60 percent on all of its

sections or subparts to pass the practical examination.

     [Bd. of Oriental Med., Art. IV §§ 1 & 2, eff. 4-26-74;

renumbered as §§ 2 & 3, 7-19-76; part §§ 1 & 4, eff. 7-19-76; + Art. V

§ 2, eff. 4-26-74]—(NAC A 7-19-82; 1-22-92; 1-24-94; R071-02, 11-25-2002)

      NAC 634A.105  Disclosure of certain relationships between member of Board and

applicant. (NRS 634A.070)  No

member of the Board may participate in preparing, examining or grading an

examination or in any other decision made with respect to an applicant to whom

the member is related within the third degree of consanguinity or affinity or

with whom the member has a significant pecuniary relationship. Information

regarding such a relationship must be disclosed by the Board member and

applicant at the time of application.

     (Added to NAC by Bd. of Oriental Med. by R193-07, eff.

6-17-2008)

      NAC 634A.110  Reexamination of applicant who fails practical examination. (NRS 634A.070, 634A.120)

     1.  An applicant for a license to practice

Oriental medicine who fails the practical examination may retake the

examination on the next scheduled examination date. A person seeking

reexamination must notify the Executive Director by completing a form

prescribed by the Board and submitting the fee set forth in NAC 634A.165.

     2.  If an applicant who has failed the

practical examination failed only one section of the practical examination, the

applicant will be reexamined only with respect to the section that he or she

failed. If the applicant failed two or more sections of the practical

examination, he or she must repeat the entire practical examination at the time

of reexamination.

     [Bd. of Oriental Med., Art. XV § 1, eff. 4-26-74; A 7-15-75;

§ 2, eff. 4-26-74; § 3, eff. 7-15-75]—(NAC A by R071-02, 11-25-2002; R193-07, 6-17-2008)

      NAC 634A.116  License issued to alien: Inactive status; required statement. (NRS 634A.070)

     1.  A license issued to an alien

automatically transfers to inactive status if he or she loses his or her

entitlement to remain and work in the United States.

     2.  A license issued to an alien after June

17, 2008, must state in a conspicuous manner:

 

This license is issued subject to any

limitations imposed by the United States Citizenship and Immigration Services

of the Department of Homeland Security. This license becomes inactive

immediately upon the termination of the right of the person named herein to

remain and work in the United States lawfully.

 

     (Added to NAC by Bd. of Oriental Med. by R071-02, eff.

11-25-2002; A by R193-07, 6-17-2008)

      NAC 634A.121  Practice under fictitious name; prohibition against multiple

licenses and registration under same name. (NRS 634A.070)

     1.  A licensee shall not operate under a

fictitious name unless the licensee complies with chapter 602 of NRS and files with the

Board a certified copy of the certificates issued by the county clerk.

     2.  Any licensee who wishes to practice under

a fictitious name must submit to the Board an application, on a form provided

by the Board, accompanied by a fee of $50.

     3.  The Board will not issue more than one

license or register more than one licensee under the same name.

     (Added to NAC by Bd. of Oriental Med. by R071-02, eff.

11-25-2002)

      NAC 634A.125  Issuance of temporary certificate for seminar, lecture or

teaching. (NRS

634A.070, 634A.165)  A person

who is not a licensee may be issued a temporary certificate pursuant to NRS 634A.165 if:

     1.  The person submits an application to the

Board, on a form provided by the Board, that includes:

     (a) The curriculum vitae of the applicant;

     (b) The specific topic concerning Oriental medicine

or acupuncture which is the subject of the seminar, lecture or teaching;

     (c) The specific dates for which the temporary certificate

is requested; and

     (d) Evidence that the person is competent with

respect to the specific topic concerning Oriental medicine or acupuncture which

is the subject of the seminar, lecture or teaching;

     2.  The person submits the appropriate fee for

issuance of a temporary certificate pursuant to NAC

634A.165; and

     3.  The Board approves the application at a

meeting of the Board.

     (Added to NAC by Bd. of Oriental Med. by R071-02, eff.

11-25-2002; A by R193-07, 6-17-2008)

      NAC 634A.130  Pocket license. (NRS 634A.070)

     1.  At the time a license is issued and on

each renewal thereof, a pocket license bearing the expiration date of the

license or renewal will be issued to each licensee, and the licensee shall keep

the pocket license in his or her possession at all times during the performance

of his or her professional services.

     2.  At the request of any patient or prospective

patient, any member of the Board or any peace officer, the licensee shall

permit the pocket license to be inspected for the purpose of identification and

as proof that all current fees have been paid.

     [Bd. of Oriental Med., Art. XVI, eff. 4-26-74]—(NAC A

by R193-07, 6-17-2008)

      NAC 634A.135  Continuing education; placement of license on inactive status;

reinstatement to active status. (NRS 634A.070, 634A.167)

     1.  Except as otherwise provided in this

section, a licensee shall complete, during each calendar year, at least 10

hours of continuing education.

     2.  A licensee may only receive credit for

hours of continuing education in courses that have been approved by the Board

pursuant to NAC 634A.137.

     3.  Beginning with the 2003 calendar year, a

licensee who earns more than 10 hours of credit for continuing education in any

calendar year may carry forward up to 10 hours of excess credit and apply such

excess credit to the educational requirements for the next calendar year if the

licensee indicates in writing, at the time he or she submits the form for

renewal of his or her license pursuant to NRS 634A.167, that the licensee

intends to carry forward such excess credit.

     4.  A licensee who is not practicing in this

State may request the Board to classify his or her license as inactive. A

person who holds an inactive license is exempt from the requirements set forth

in this section regarding continuing education.

     5.  A person who is requesting the Board to

change the classification of his or her license from inactive to active must:

     (a) Satisfy the requirements of continuing

education for the year in which the person seeks to reclassify his or her

license;

     (b) Submit proof to the Board that the person has

satisfied the applicable requirements; and

     (c) Submit the fee set forth in NAC 634A.165.

     (Added to NAC by Bd. of Oriental Med., eff. 2-1-92; A 1-24-94;

R071-02, 11-25-2002; R193-07, 6-17-2008)

      NAC 634A.137  Approval of courses of continuing education. (NRS 634A.070, 634A.225)

     1.  A person or entity shall not offer a

course of continuing education for licensees in this State unless the person or

entity has first obtained approval for the course from the Board pursuant to

this section.

     2.  A person or entity may apply for approval

of a course of continuing education by submitting to the Board:

     (a) An application, on a form provided by the

Board, which must include information indicating the specific subject or topics

to be presented and the name of each proposed instructor;

     (b) All material relating to the course, including,

without limitation, written material to be provided to a licensee attending the

course; and

     (c) The fee required pursuant to NAC 634A.165.

     3.  If the Board approves a course of

continuing education pursuant to this section, the Board will determine the

number of hours of continuing education that a licensee may receive for

attending the course.

     (Added to NAC by Bd. of Oriental Med. by R071-02, eff.

11-25-2002)

      NAC 634A.140  Payment of annual registration fee. (NRS 634A.070, 634A.160)  Each

person who holds an active or inactive license to practice Oriental medicine

shall pay to the Board an annual registration fee as required by NAC 634A.165.

     [Bd. of Oriental Med., Art. IX part § 2, eff. 4-26-74;

A 7-19-76; 4-4-78; 1-1-80]—(NAC A 1-22-92; R173-05, 12-29-2005)

      NAC 634A.150  Reinstatement of license cancelled for failure to pay annual fee.

(NRS

634A.070, 634A.160)  Any

person whose license has been cancelled pursuant to NRS 634A.160 and who desires to

reinstate his or her license may have the license reinstated if:

     1.  The person submits to the Board all

required fees for the period during which his or her license was cancelled,

plus any late fee set forth in NAC 634A.165;

     2.  The person submits proof of compliance

with the applicable requirements concerning continuing education; and

     3.  The Board reinstates the license of the

person at a regularly scheduled meeting.

     [Bd. of Oriental Med., Art. IX part § 2, eff. 4-26-74;

A 7-19-76; 4-4-78; 1-1-80]—(NAC A by R071-02, 11-25-2002)

      NAC 634A.160  Surrender of license and pocket license when suspended or

revoked; replacement of lost, stolen or destroyed license or pocket license. (NRS 634A.070)

     1.  If a license is revoked, the license and

the pocket license previously issued by the Board must be surrendered by the

licensee to the Executive Director within 5 days after receipt of a notice of

revocation.

     2.  If a license is suspended for a fixed

period, the license and pocket license previously issued by the Board must be

surrendered by the licensee to the Executive Director within 5 days after

receipt of a notice of suspension.

     3.  If a license or pocket license must be

surrendered pursuant to subsection 1 or 2 but has been lost, stolen or

destroyed, the licensee must complete and file an affidavit with the Board

stating that the license or pocket license has been lost, stolen or destroyed

and that the licensee will immediately return the license or pocket license if

it is later recovered by the licensee.

 

     4.  If the license or pocket license of a

licensee is lost, stolen or destroyed, the licensee must:

     (a) Complete and file an affidavit with the Board

stating that the license or pocket license has been lost, stolen or destroyed

and that the licensee will immediately return the license or pocket license if

it is later recovered by the licensee; and

     (b) Pay the fee set forth in NAC 634A.165 for replacement of the license or pocket

license.

     [Bd. of Oriental Med., Art. XI part § 7, eff. 4-26-74]—(NAC

A by R071-02, 11-25-2002; R193-07, 6-17-2008)

      NAC 634A.165  Fees of Board. (NRS 634A.070, 634A.110, 634A.160, 634A.165)  The

Board will charge and collect the following fees:

 



Original

application for licensure as a doctor of Oriental medicine..................





      $1,000.00







Renewal of

active license before February 1....................................................





           700.00







Renewal of

inactive license before February 1.................................................





           500.00







Penalty for late

renewal of license within 90 days after February 1.................





           100.00







Penalty for late

renewal of license more than 90 days after February 1...........





           200.00







Penalty for

reinstatement of cancelled license..................................................





           200.00







Original

application for use of fictitious name..................................................





           100.00







Replacement of

pocket license..........................................................................





           100.00







Replacement of

license......................................................................................





           200.00







Original fee for

practical examination...............................................................





        1,000.00







Reexamination

fee for practical examination....................................................





           500.00







Transfer of

license from active status to inactive status....................................





           200.00







Transfer of

license from inactive status to active status....................................





           500.00







Approval of

course of continuing education.....................................................





           100.00







Temporary

certificate for lecturing or training..................................................





           100.00







Check returned

for insufficient funds...............................................................





             25.00







For copies of

this chapter and chapter 634A of

NRS.......................................





             10.00







For other

copies, per page.................................................................................





               0.25







For other

copies, per compact disc or tape recording........................................





             20.00







Original

application fee for a school or college of Oriental medicine...............





        5,000.00







Annual fee for

approval of curriculum before February 1................................





        5,000.00





 

     (Added to NAC by Bd. of Oriental Med. by R071-02, eff.

11-25-2002; A by R173-05, 12-29-2005; R026-06, 5-4-2006)

PROFESSIONAL CONDUCT

      NAC 634A.170  Grounds for disciplinary action. (NRS 634A.070, 634A.170)  The

Board considers the following acts to be unethical and unprofessional conduct

warranting appropriate disciplinary action:

     1.  The division or “splitting” of fees with

another licensee, unless the other licensee has actually rendered services,

other than referral, to the first licensee in connection with one or more of

his or her patients. A person licensed by this Board shall not:

     (a) Employ another to solicit or obtain, or

remunerate another for soliciting or obtaining, professional employment for the

licensee.

     (b) Directly or indirectly share with an unlicensed

person any compensation arising out of or incidental to professional

employment.

     (c) Directly or indirectly aid or abet an

unlicensed person to practice Oriental medicine, acupuncture or herbal medicine

or to receive compensation therefrom.

     2.  The use of any testimonial, whether paid

for or not, to solicit or encourage use of the licensee’s services by members

of the public.

     3.  The making or publishing, or causing to

be made or published, any advertisement, offer, statement or other form of

representation, oral or written, which directly or by implication is false,

misleading or deceptive. It is sufficient in bringing any proceeding for

violation of this subsection that any advertising of the type referred to has a

tendency to deceive, mislead or be harmful to the public even though no member

of the public is actually deceived, misled or harmed by the advertising. As

used in this subsection, “advertisement” includes, without limitation:

     (a) Any calling card, indoor or outdoor sign,

stationery, or listing in a telephone directory or other directory;

     (b) Any advertisement in a newspaper or magazine;

and

     (c) Any advertisement made through electronic

means, including, without limitation, an advertisement placed on the Internet.

     4.  The use of any fictitious name that has

not been approved by the Board.

     [Bd. of Oriental Med., Art. VIII § 1, eff. 4-26-74; A 4-4-78;

§ 4, eff. 4-26-74; A and renumbered as § 2, 4-4-78; § 5, eff. 4-26-74; A and

renumbered as § 3, 4-4-78]—(NAC A 1-22-92; R071-02, 11-25-2002)

PRACTICE BEFORE STATE BOARD OF ORIENTAL MEDICINE

General Provisions

      NAC 634A.210  Scope, construction and application of regulations. (NRS 634A.070)

     1.  The provisions of NAC

634A.210 to 634A.570, inclusive, govern all

practice and procedure before the Board unless otherwise directed by the Board.

     2.  The provisions of NAC

634A.210 to 634A.570, inclusive, will be

liberally construed to secure a just, speedy and economical determination of

all issues presented to the Board.

     3.  If any provision of NAC 634A.210 to 634A.570,

inclusive, or any application thereof to any person, thing or circumstance is

held invalid, the Board intends that such invalidity will not affect the

remaining provisions, or their application, that may be given effect without

the invalid provision or application.

     [Bd. of Oriental Med., Rule 1, eff. 7-26-77]—(NAC A by

R071-02, 11-25-2002)

      NAC 634A.220  Communications. (NRS 634A.070)  All

formal written communications and documents must be addressed to the State

Board of Oriental Medicine and not to individual members of the Board or its

staff.

     [Bd. of Oriental Med., Rule 2.3, eff. 7-26-77]

      NAC 634A.230  Payment of fees and remittances; refund of application fee. (NRS 634A.070, 634A.110)

     1.  Fees and remittances must be paid to the

Board by money order, bank draft or check payable to “State Board of Oriental

Medicine.” Remittances in currency or coin are wholly at the risk of the

remitter and the Board assumes no responsibility for their loss. Postage stamps

will not be remitted.

     2.  The Board will not refund any part of the

application fee to an applicant if the applicant:

     (a) Does not complete his or her application by

providing all the documentation required by the form for application within 6

months after the actual date of filing of the form by the applicant;

     (b) Withdraws his or her application; or

     (c) Dies before he or she is issued a license by

the Board.

     [Bd. of Oriental Med., Rule 2.4, eff. 7-26-77]—(NAC A 1-24-94;

R071-02, 11-25-2002)

      NAC 634A.240  Computation of time. (NRS 634A.070)  The time

within which any act must be done, as authorized by NAC

634A.210 to 634A.570, inclusive, will be

computed by excluding the first day and including the last day unless it is

Saturday, Sunday or a legal holiday, and then it is excluded and the time is

extended to the next regular business day.

     [Bd. of Oriental Med., Rule 13.1, eff. 7-26-77]

      NAC 634A.245  Request for Board to consider or take action upon matter at

meeting. (NRS

634A.070)  A

request for the Board to consider or take action upon a matter at a meeting

must be received by the Board at least 15 business days before the date of the

meeting.

     (Added to NAC by Bd. of Oriental Med. by R071-02, eff.

11-25-2002)

      NAC 634A.250  Request for additional information from Board. (NRS 634A.070)  Additional

information with reference to proceedings before the Board or the status of any

matter may be secured by applying to the Executive Director at the principal

office of the Board.

     [Bd. of Oriental Med., Rule 13.2, eff. 7-26-77]—(NAC A

by R071-02, 11-25-2002)

Parties

      NAC 634A.260  Classification of parties. (NRS 634A.070)

     1.  A party to a proceeding before the Board

must be styled an applicant, petitioner, complainant, respondent, intervener or

interested party according to the nature of the proceeding and the relationship

of the party thereto.

     2.  Persons applying or petitioning for any

right or authority from the Board must be styled the “applicants.”

     3.  Persons petitioning for affirmative

relief (other than complainants) must be styled the “petitioners.”

     4.  Persons who complain to the Board of any

act or of any persons must be styled the “complainants.” In any proceeding

which the Board brings on its own motion, it will be styled the “complainant.”

     5.  Persons against whom any complaint is

filed or investigation initiated must be styled the “respondents.”

     6.  Persons, other than the original parties

to the proceeding, who may be directly and substantially affected by the

proceeding, must, upon securing an order from the Board or the presiding

officer granting leave to intervene, be styled the “interveners.” The granting

of leave to intervene, or otherwise appear, in any matter or proceeding is not

a finding or determination of the Board that the party will or may be a party

aggrieved by any ruling, order or decision of the Board, for the purposes of

court review or appeal.

     7.  Persons who believe they may be affected

by a proceeding, but who do not seek to participate in the proceeding, must be

styled the “interested parties.”

     [Bd. of Oriental Med., Rules 3.1-3.7, eff. 7-26-77]

      NAC 634A.270  Staff of Board may be party to proceeding. (NRS 634A.070)  The

Board’s staff may appear at any hearing and has the right to participate as a

party to the proceeding.

     [Bd. of Oriental Med., Rule 3.8, eff. 7-26-77]

      NAC 634A.280  Rights of parties. (NRS 634A.070)  At any

hearing, all parties named in NAC 634A.260, except

interested parties, may enter an appearance, introduce evidence, examine and

cross-examine witnesses, make arguments and generally participate in the

conduct of the proceeding. Interested parties may be acknowledged to state

their possible interest.

     [Bd. of Oriental Med., Rule 4.1, eff. 7-26-77]

 

      NAC 634A.290  Appearances. (NRS 634A.070)  Parties

shall enter their appearances at the beginning of a hearing, or at any time as

may be designated by the presiding officer, by giving their names and addresses

and stating their positions or interests to the presiding officer. This

information will be recorded in the transcript of the hearing.

     [Bd. of Oriental Med., Rule 4.2, eff. 7-26-77]

      NAC 634A.300  Representation of parties; qualifications of attorneys. (NRS 634A.070)

     1.  A party may be heard in person or by his

or her designated attorney or other representative.

     2.  An attorney appearing as counsel in any

proceeding must be an attorney at law, admitted to practice and in good

standing before the highest court of any state. If the attorney is not admitted

and entitled to practice before the Supreme Court of Nevada, an attorney so

admitted and entitled to practice must be associated.

     [Bd. of Oriental Med., Rule 4.3, eff. 7-26-77]

      NAC 634A.310  Service of process on attorney. (NRS 634A.070)  Following

the entry of an appearance by an attorney for a party, all notices, pleadings

and orders thereafter served must be served upon the attorney. The service will

be considered a valid service for all purposes upon the party represented.

     [Bd. of Oriental Med., Rule 4.4, eff. 7-26-77]

      NAC 634A.320  Withdrawal of attorney. (NRS 634A.070)  Any

attorney of record wishing to withdraw from a proceeding before the Board must,

in writing, immediately notify the Board or the presiding officer, the party

whom he or she represented, and any other parties to the proceeding.

     [Bd. of Oriental Med., Rule 4.5, eff. 7-26-77]

      NAC 634A.330  Conduct required. (NRS 634A.070)  A person

appearing at any proceeding before the Board shall conform to the recognized

standards of ethical and courteous conduct.

     [Bd. of Oriental Med., Rule 4.6, eff. 7-26-77]

Pleadings, Motions and Other Papers

      NAC 634A.340  Captions, amendments and construction of pleadings. (NRS 634A.070)

     1.  Pleadings before the Board must be styled

applications, petitions, complaints and answers.

     2.  All pleadings, except complaints brought

on the Board’s own motion, must be verified.

     3.  The Board may, when substantial rights of

the parties are not violated thereby, allow any pleading to be amended or

corrected or any omission therein to be supplied.

     4.  All pleadings will be liberally construed

to effect justice between the parties, and the Board or the presiding officer

will, at every stage of any proceeding, disregard errors or defects in the

pleadings or proceedings which do not affect the substantial rights of the

parties.

     [Bd. of Oriental Med., Rules 5.1-5.4, eff. 7-26-77]

      NAC 634A.350  Applications. (NRS 634A.070)

     1.  All pleadings requesting a privilege,

license or authority from the Board must be styled “Applications.”

     2.  An application must set forth the full

name and address of the applicant and must be signed by the applicant.

     [Bd. of Oriental Med., Rule 5.5, eff. 7-26-77]

 

      NAC 634A.360  Petitions. (NRS 634A.070)

     1.  All pleadings praying for affirmative

relief (other than applications, complaints, or answers), including requests

for declaratory orders, advisory opinions, and requests for the adoption,

filing, amendment or repeal of any regulation, must be styled “Petitions.”

     2.  All petitions must set forth the full

name and address of the petitioner and must be signed by the petitioner.

     [Bd. of Oriental Med., Rule 5.6, eff. 7-26-77]

      NAC 634A.370  Complaints; notification of respondents; use of evidence obtained

after notification. (NRS 634A.070)

     1.  Upon the initiative of any interested

person, or upon the initiative of any member of the Board, a complaint may be

made alleging one or more causes of action based on chapter 634A of NRS.

     2.  Two or more complainants may join in one

complaint if their respective causes of action are against the same person and

deal with substantially the same violation of a law, regulation or order of the

Board.

     3.  Every complaint must be in writing and

must be filed with the Executive Director of the Board.

     4.  Complaints will be set for hearing at the

earliest convenience of the Board, unless notice of satisfaction of the

complaint, by answer or otherwise, is received by the Board.

     5.  At least 30 days before the date set for

the hearing, the Board will notify the respondent of the date, time and place

of the hearing and, together with the notice, provide the respondent with a

copy of the complaint and copies of all communications, reports, affidavits or

depositions in possession of the Board relevant to the complaint. Evidence

obtained after the date on which the notice and copies of relevant material were

provided to the respondent pursuant to this subsection may not be presented to

the Board unless it is shown that the evidence was not available upon diligent

investigation before that date and that the evidence was given or communicated

to the respondent immediately after it was obtained.

     [Bd. of Oriental Med., Rule 5.7, eff. 7-26-77]—(NAC A

by R071-02, 11-25-2002)

      NAC 634A.380  Answers; entry of default upon failure to file. (NRS 634A.070)

     1.  The respondent shall file an answer

within 20 days after service of the notice and relevant material pursuant to

subsection 5 of NAC 634A.370. The answer must

contain an admission or denial of each of the averments contained in the

complaint and any defenses upon which the respondent will rely.

     2.  The answer may be served by personal

delivery to the Board at its principal office or by certified mail to the

principal office of the Board.

     3.  Upon the presentation of evidence that

the respondent received notice of the complaint and hearing and has not filed

an answer within the time prescribed pursuant to this section, the respondent’s

default may be entered and a decision may be issued based upon the allegations

of the complaint.

     [Bd. of Oriental Med., Rule 5.8, eff. 7-26-77]—(NAC A

by R071-02, 11-25-2002)

      NAC 634A.390  Motions: Contents; opposition; reply; oral argument. (NRS 634A.070)

     1.  A motion is a proceeding directed at the

Board’s authority to act on a given subject.

     2.  All motions, unless made during a

hearing, must be in writing.

     3.  All written motions must set forth the

nature of the relief which is sought, and the grounds therefor.

     4.  A party desiring to oppose a motion may

serve and file a written response to the motion within 10 days of receipt of

the motion.

     5.  The moving party may serve and file a

written reply within 5 days only if an opposition to the motion has been served

and filed.

 

     6.  A decision on a motion will be rendered

without oral argument unless oral argument is requested by the Board. If so

requested, the Board will set a date and time for a hearing.

     [Bd. of Oriental Med., Rule 6, eff. 7-26-77]

      NAC 634A.400  Filing. (NRS 634A.070)  An

original and two legible copies of all pleadings, motions or other papers must

be filed with the Board. The Board may direct that a copy of a pleading be made

available by the party filing it to any other person whom the Board determines

may be affected by the proceeding and who desires a copy of the pleading.

     [Bd. of Oriental Med., Rule 7.1, eff. 7-26-77]

      NAC 634A.410  Service of process. (NRS 634A.070)  Except

as otherwise provided by specific statute or regulation, all notices, opinions

and documents required to be served by the Board, other than decisions or

orders, and all documents filed by any party must be served in accordance with

the provisions of Rule 4 of the

Nevada Rules of Civil Procedure.

     [Bd. of Oriental Med., Rule 7.2, eff. 7-26-77]—(NAC A

by R071-02, 11-25-2002)

Hearings

      NAC 634A.430  Hearings held before Board: Location; notice. (NRS 634A.070)

     1.  Hearings will be held at such place in

the State as is designated by the Board in the notice of the hearing.

     2.  A hearing which has previously been

continued may be reset on notice of at least 10 days.

     [Bd. of Oriental Med., Rule, 8.1, eff. 7-26-77]

      NAC 634A.440  Continuances. (NRS 634A.070)

     1.  The Board may, before a hearing or during

a hearing, on a proper showing of good faith, grant a request for a continuance

for the submission of further or additional proof of any subject that is

relevant to the hearing.

     2.  A request for a continuance before a

hearing must be received within 7 business days before the date scheduled for

the hearing.

     [Bd. of Oriental Med., Rule 8.10, eff. 7-26-77]—(NAC A

by R071-02, 11-25-2002)

      NAC 634A.450  Failure of party to appear. (NRS 634A.070)

     1.  If a party fails to appear at a hearing

scheduled by the Board and no continuance has been requested or granted, the

Board may hear the evidence of such witnesses as may have appeared and the

Board may proceed to consider the matter and dispose of it on the basis of the

evidence before it.

     2.  If, because of accident, sickness or

other reasonable cause, a person fails to appear for a hearing scheduled by the

Board or fails to request a continuance thereof, the person may, within a

reasonable period of time not to exceed 15 days, apply to the Executive

Director to reopen the proceedings, and the Board, upon finding such cause

sufficient and reasonable, will immediately fix a time and place for a hearing

and give the person notice thereof. At the time and place fixed, the person may

testify in his or her own behalf or present such other evidence as may be

beneficial to his or her cause. Witnesses who have previously testified are not

required to appear at the second hearing unless so directed by the Board.

     [Bd. of Oriental Med., Rule 8.2, eff. 7-26-77]—(NAC A

by R071-02, 11-25-2002)

      NAC 634A.460  Subpoenas. (NRS 634A.070)

     1.  Subpoenas requiring the attendance of a

witness at a hearing may be issued by the Board upon application in writing.

     2.  Subpoenas for the production of

documents, books or other records, unless issued by the Board on its own

motion, will be issued only upon application in writing. The application must

specify, as clearly as possible, the documents, books or other records desired.

 

     3.  The Board, at or before the time

specified in the subpoena for compliance therewith, may:

     (a) Quash the subpoena if it is unreasonable or

oppressive; or

     (b) Condition denial of a motion upon the

advancement by the person in whose behalf the subpoena is issued of the

reasonable cost of producing the documents, books or other records desired.

     [Bd. of Oriental Med., Rule 8.9, eff. 7-26-77]—(NAC A

by R071-02, 11-25-2002)

      NAC 634A.470  Testimony must be under oath. (NRS 634A.070)  All

testimony to be considered by the Board in a formal hearing, except matters

noticed officially or entered by stipulation, must be sworn testimony. Before

taking the witness stand, each person shall swear (or affirm) that the

testimony he or she is about to give in the hearing is the truth, the whole

truth and nothing but the truth.

     [Bd. of Oriental Med., Rule 8.4, eff. 7-26-77]

      NAC 634A.480  Preliminary procedure. (NRS 634A.070)  The

presiding member of the Board shall call the proceeding or hearing to order and

proceed to take the appearances and act upon any pending motions. The parties

may then make opening statements.

     [Bd. of Oriental Med., Rule 8.3, eff. 7-26-77]

      NAC 634A.490  Presentation of evidence. (NRS 634A.070)

     1.  Applicants, petitioners or complainants

may present their evidence and then such parties as may be opposing the

application, petition or complaint, may submit their proof. The presiding member

of the Board shall determine the order in which any intervener may introduce

his or her evidence. Evidence will ordinarily be received from the parties in

the following order:

     (a) Upon applications and petitions:

          (1) Applicant or petitioner;

          (2) Board’s staff;

          (3) Intervener; and

          (4) Rebuttal by the applicant or the

petitioner.

     (b) Upon complaints:

          (1) Complainant;

          (2) Respondent;

          (3) Board’s staff; and

          (4) Rebuttal by the complainant.

     (c) Upon complaints by the Board:

          (1) Board;

          (2) Respondent; and

          (3) Rebuttal by the Board’s staff.

     2.  This procedure may be modified at the

discretion of the Board or the presiding member.

     3.  Closing statements by the parties may be

allowed at the discretion of the Board or the presiding member.

     [Bd. of Oriental Med., Rule 8.5, eff. 7-26-77]

      NAC 634A.500  Consolidation. (NRS 634A.070)

     1.  The Board may consolidate two or more

proceedings in any one hearing when it appears that the issues are

substantially the same and that the interests of the parties will not be

prejudiced by the consolidation.

     2.  At any consolidated hearing, the

presiding member of the Board shall determine the order in which all the

parties may introduce their evidence and which party or parties may open and

close.

     [Bd. of Oriental Med., Rule 8.6, eff. 7-26-77]

 

      NAC 634A.510  Stipulations. (NRS 634A.070)

     1.  With the approval of the presiding member

of the Board, the parties may stipulate as to any fact at issue, either by

written stipulation introduced in evidence as an exhibit or by oral statements

shown upon the record.

     2.  Any stipulation is binding upon all

parties so stipulating and may be regarded by the Board as evidence at the

hearing. The Board may require proof by evidence of the facts stipulated to,

notwithstanding the stipulation of the parties.

     [Bd. of Oriental Med., Rule 8.7, eff. 7-26-77]

      NAC 634A.520  Official notice of Board. (NRS 634A.070)  The

Board may take official notice of judicially cognizable facts and of recognized

technical or scientific facts within the Board’s specialized knowledge, including:

     1.  Regulations, official reports, decisions

and orders of the Board or any other regulatory agency of this State.

     2.  The Nevada Revised Statutes.

     3.  Certificates and permits issued by the

Board.

     4.  Matters of common knowledge and technical

or scientific facts of established character.

     5.  Official documents, if:

     (a) The documents are pertinent and properly

introduced into the record by reference;

     (b) Proper and definite reference to the documents

is made by the party offering them; and

     (c) The documents are published and generally

circulated so that an opportunity is given to all the parties of interest to

the hearing to examine them and present rebuttal evidence.

     [Bd. of Oriental Med., Rule 8.12, eff. 7-26-77]

      NAC 634A.530  Briefs. (NRS 634A.070)

     1.  In any hearing, the Board may order

briefs to be filed within such time as may be allowed by the Board.

     2.  Three copies of any requested brief must

be filed with the Board and must be accompanied by an acknowledgment of service

or a certificate of mailing on other parties of record.

     3.  The Board may, following the filing of

briefs or upon contested motions, set the matter for oral argument. Ten days

notice thereof, unless the Board deems a shorter time advisable, will be given

to all parties of record.

     [Bd. of Oriental Med., Rule 8.11, eff. 7-26-77]

      NAC 634A.540  Decisions and orders. (NRS 634A.070)

     1.  A proceeding is submitted for decision by

the Board after the taking of evidence, the filing of briefs or the

presentation of such oral argument as may have been permitted by the Board.

     2.  Orders or decisions will be rendered

within 90 days of the completion of the hearing.

     3.  Additional copies of orders may be

obtained upon written request.

     [Bd. of Oriental Med., Rule 9, eff. 7-26-77]

      NAC 634A.550  Records of hearings. (NRS 634A.070)

     1.  A record of a hearing will be kept by

either a mechanical or electronic device.

     2.  A copy of the record will be made

available to any person upon his or her request and at his or her expense.

     [Bd. of Oriental Med., Art. XI § 6, eff. 4-26-74]

Declaratory Orders and Advisory Opinions

      NAC 634A.560  Petition; issuance of order or opinion. (NRS 634A.070)

     1.  A petition for a declaratory order or an

advisory opinion may be filed only by a holder of or applicant for a license or

certificate.

     2.  The original and seven copies of the

petition must be filed with the Executive Director not less than 10 days before

the next regularly scheduled meeting of the Board. The petition must be submitted

to the Board at that meeting. Within 30 days after the meeting, the Board will

issue its declaratory order or advisory opinion.

     [Bd. of Oriental Med., Rule 11, eff. 7-26-77]—(NAC A by

R071-02, 11-25-2002)

Adoption, Filing, Amendment or Repeal of Regulations

      NAC 634A.570  Petition. (NRS 634A.070)

     1.  A petition requesting the adoption,

filing, amendment or repeal of any regulation must be in writing.

     2.  The original and seven copies of the

petition must be filed with the Board.

     [Bd. of Oriental Med., Rule 12, eff. 7-26-77]—(NAC A by

R071-02, 11-25-2002)
Read Entire Law on www.leg.state.nv.us