Nac: Chapter 630A - Homeopathic Medicine

Link to law: http://www.leg.state.nv.us/nac/NAC-630A.html
Published: 2015

[Rev. 11/22/2013 10:00:48

AM--2013]



[NAC-630A Revised Date: 12-11]

CHAPTER 630A - HOMEOPATHIC MEDICINE

GENERAL PROVISIONS

630A.010         Definitions.

630A.0105       “Advanced practitioner of

homeopathy” defined.

630A.0107       “Applied kinesiology” defined.

630A.011         “Board” defined.

630A.0115       “Controlled substance” defined.

630A.012         “Homeopathic assistant” defined.

630A.0125       “Homeopathic medicine” and

“homeopathy” defined.

630A.013         “Homeopathic physician” defined.

630A.0131       “Internet” defined.

630A.0132       “Intrastate practice of homeopathic

medicine using electronic means” defined.

630A.0133       “Practice of homeopathic medicine

using electronic means” defined.

630A.0135       “Homeopathic service” defined for NRS 630A.035.

630A.014         Interpretation of terms used in NRS 630A.040.

630A.015         Use of electronic testing and

treatment device.

630A.020         Use of sarcodes in macro dosage.

630A.022         Formulation of herbal substances.

630A.023         Nutritional evaluation and treatment

of patients.

BOARD OF HOMEOPATHIC MEDICAL EXAMINERS

630A.024         Oath or affirmation of office of

members.

630A.031         Committee to examine and make

recommendations regarding education in homeopathy.

LICENSING AND CERTIFICATION

630A.050         Application for license.

630A.060         Examination to practice homeopathic

medicine.

630A.062         Medical competency examination.

630A.065         Examination of graduate of foreign

medical school.

630A.070         Postgraduate training of graduate of

medical or osteopathic school or foreign medical school.

630A.072         Postgraduate training in homeopathy:

Approval of course or program.

630A.076         Training in homeopathy: Eligibility

of homeopathic physician to serve as supervisor.

630A.080         Interview of graduate of medical

school.

630A.090         Licensing by reciprocity.

630A.096         Continuing education: General

requirements; exemption; failure to comply.

630A.100         Temporary license; special license.

630A.110         Limited license.

630A.120         Fees.

630A.130         Notification of change in address of

home or office; failure to comply.

STANDARDS OF PRACTICE

630A.132         Duties; prohibited practices; use of

certain substances, devices or agents; failure to provide certain information

to Board.

630A.134         Use of certain intravenous

therapies.

630A.136         Reports to Board of certain claims

involving malpractice.

630A.138         Consultation with another provider

of health care.

630A.140         Advertising: Prohibited acts.

INTRASTATE PRACTICE USING ELECTRONIC MEANS

630A.142         Construction of provisions.

630A.144         Homeopathic physicians: Restrictions.

630A.146         Homeopathic physicians: Duties.

630A.148         Advanced practitioners of

homeopathy: Written protocol.

PRACTICE BEFORE THE BOARD OF HOMEOPATHIC MEDICAL EXAMINERS

630A.160         Verification of pleadings; answer to

complaint; depositions prohibited.

630A.170         Filing of pleading, motion or other

paper.

630A.180         Service of documents; proof of

service.

630A.190         Motions.

630A.200         Entry of appearance.

630A.210         Hearings.

630A.220         Decision by Board.

630A.230         Service of copy of findings and

order.

630A.240         Petition for declaratory order or

advisory opinion.

630A.250         Petitions concerning regulations.

HOMEOPATHIC ASSISTANTS AND ADVANCED PRACTITIONERS OF

HOMEOPATHY

Homeopathic Assistants

630A.300         Application for certificate.

630A.310         Grounds for denial of certificate;

notice of denial.

630A.320         Qualifications for certificate.

630A.330         Examination to practice.

630A.350         Requirements regarding supervising

homeopathic physician.

630A.360         Acceptable activities; medical

diagnosis and determination of treatment forbidden.

630A.370         Cessation of supervision:

Notification; suspension and reactivation of certificate.

Advanced Practitioners of Homeopathy

630A.400         Application for certificate.

630A.410         Grounds for denial of certificate;

notice of denial.

630A.415         Effect of revocation of certificate

to practice any type of medicine in another jurisdiction.

630A.420         Qualifications for certificate.

630A.430         Successful completion of examination

to practice as homeopathic physician required.

630A.435         Certification by reciprocity:

Authority of Board; qualifications of applicant.

630A.438         Certification by reciprocity: Waiver

of written examination; interview by Board.

630A.441         Temporary, special and restricted

certificates: Issuance; purposes; revocation.

630A.443         Prerequisites to issuance of

temporary or special certificate; contents of special certificate.

630A.450         Supervising homeopathic physician:

Qualifications; general duties; provision of certain information to Board.

630A.460         Supervising homeopathic physician:

Program to monitor quality of care; measures to protect public safety or ensure

high quality services.

630A.470         Supervising homeopathic physician:

Availability for consultation; on-site supervision; miscellaneous duties.

630A.480         Authorized activities; measures to

protect public safety or ensure high quality services.

630A.490         Written protocol; informed consent

form for patients.

630A.500         Annual review of protocol;

documentation of findings; review of records by supervising homeopathic

physician and Board.

630A.510         Cessation of supervision: Procedure;

suspension of certificate.

630A.520         Medical competency examination:

Authority of Board.

630A.525         Medical competency examination:

Payment of costs; administration.

Miscellaneous Provisions

630A.550         Renewal of certificate:

Requirements; fee; failure to comply with requirements.

Disciplinary Action

630A.560         Grounds for initiating disciplinary

action or denying certification.

630A.570         Procedure for disciplinary action:

Written complaint; investigation.

630A.580         Procedure for disciplinary action:

Hearing; notice.

630A.590         Requirements for service of notice.

630A.600         Mental or physical examination:

Circumstances requiring examination; certification to practice deemed consent

to examination; refusal of examination deemed admission of charge.

630A.610         Forms of disciplinary action;

decision of Board final; action to prevent unlawful or unauthorized conduct.

630A.620         Requirements for removal of

limitation on or restoration of certificate.

 

 

 

GENERAL PROVISIONS

      NAC 630A.010  Definitions. (NRS 630A.200)  As used

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

defined in NAC 630A.0105 to 630A.0133, inclusive, have the meanings ascribed to

them in those sections.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 8-29-85; A by R058-00, 12-11-2000; R043-03, 9-24-2003; R217-08, 12-17-2008)

      NAC 630A.0105  “Advanced practitioner of homeopathy” defined. (NRS 630A.200)  “Advanced

practitioner of homeopathy” has the meaning ascribed to it in NRS 630A.015.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs by

R058-00, eff. 12-11-2000)

      NAC 630A.0107  “Applied kinesiology” defined. (NRS 630A.200)  “Applied

kinesiology” means a method for identifying nutritional, energetic or other

factors that may affect the functions of the body of a person by measuring

muscle strength and endurance.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs by

R217-08, 12-17-2008)

      NAC 630A.011  “Board” defined. (NRS 630A.200)  “Board”

means the Board of Homeopathic Medical Examiners.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs by

R058-00, eff. 12-11-2000)

      NAC 630A.0115  “Controlled substance” defined. (NRS 630A.200)  “Controlled

substance” has the meaning ascribed to it in NRS 0.031.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs by

R058-00, eff. 12-11-2000)

      NAC 630A.012  “Homeopathic assistant” defined. (NRS 630A.200)  “Homeopathic

assistant” has the meaning ascribed to it in NRS 630A.035.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs by

R058-00, eff. 12-11-2000)

      NAC 630A.0125  “Homeopathic medicine” and “homeopathy” defined. (NRS 630A.200)  “Homeopathic

medicine” or “homeopathy” has the meaning ascribed to it in NRS 630A.040. The terms include:

     1.  The methods of practicing homeopathy

described in subsection 1 of NRS

630A.040; and

     2.  The complementary and alternative methods

of diagnosing and treating a patient described in subsection 2 of NRS 630A.040.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs by

R058-00, eff. 12-11-2000; A by R105-03, 9-24-2003)

      NAC 630A.013  “Homeopathic physician” defined. (NRS 630A.200)  “Homeopathic

physician” has the meaning ascribed to it in NRS 630A.050.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs by

R058-00, eff. 12-11-2000)

      NAC 630A.0131  “Internet” defined. (NRS 630A.200)

     1.  “Internet” means:

     (a) The computer network commonly known as the

Internet and any other computer network that is similar to or is a predecessor

or successor of the Internet; and

     (b) Any identifiable site on the Internet or such

other computer network.

     2.  The term includes, without limitation:

     (a) A website or other similar site on the World

Wide Web;

     (b) A site that is identifiable through a Uniform

Resource Location;

     (c) A site on a computer network that is owned,

operated, administered or controlled by a provider of Internet service;

     (d) An electronic bulletin board;

 

     (e) A list server;

     (f) A newsgroup; or

     (g) A chat room.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs by

R043-03, eff. 9-24-2003)

      NAC 630A.0132  “Intrastate practice of homeopathic medicine using electronic

means” defined. (NRS 630A.200)  “Intrastate

practice of homeopathic medicine using electronic means” means the practice of

homeopathic medicine using electronic means by a homeopathic physician located

in this State to treat a patient located in this State or an advanced

practitioner of homeopathy located in this State to treat a patient located in

this State.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs by

R043-03, eff. 9-24-2003)

      NAC 630A.0133  “Practice of homeopathic medicine using electronic means”

defined. (NRS

630A.200)  “Practice

of homeopathic medicine using electronic means” means the practice of

homeopathic medicine by using equipment that transfers information concerning

the medical condition of a patient electronically, telephonically or by fiber

optics, including, without limitation, through the Internet.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs by

R043-03, eff. 9-24-2003)

      NAC 630A.0135  “Homeopathic service” defined for NRS

630A.035. (NRS 630A.035, 630A.200)  As used

in NRS 630A.035, the term

“homeopathic service” means providing, employing, using, recommending,

advising, directing or assisting in the use of homeopathic medicine, including,

without limitation, the methods and therapies set forth in subsection 2 of NRS 630A.040, within the

limitations imposed by the Board.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs by

R058-00, eff. 12-11-2000; A by R105-03, 9-24-2003)

      NAC 630A.014  Interpretation of terms used in NRS

630A.040. (NRS 630A.040, 630A.155, 630A.200)

     1.  As used in NRS 630A.040, unless the context

otherwise requires, the Board will interpret:

     (a) “Herbal therapy” to mean a system of healing

art that places the chief emphasis on the flow and balance of dynamic force or

energy in the body mechanism as being the most important single factor in

maintaining the natural health and well-being of the living organism and

includes, without limitation, the prescribing and use of plants or plant

extracts or a combination thereof to treat an ailment or disease of the mind,

emotions or body, or for the cure or relief of any wound, bodily injury or

deformity. As used in this paragraph:

          (1) “Plant” includes, without limitation, any

tree, vine, shrub, vegetable or herb or any part of a tree, vine, shrub,

vegetable or herb.

          (2) “Plant extract” means a substance removed

from a plant by physical or chemical means for medicinal purposes.

     (b) “Neural therapy” to mean dry needling, the use

of an electronic testing and treatment device and the injection of vitamins,

minerals, homeopathic medications, herbal extracts, enzymes, orthomolecular

substances or other medicinal or pharmaceutical preparations into the:

          (1) Acupuncture, acupressure or trigger

points;

          (2) Ganglia; or

          (3) Subcutaneous tissue, intracutaneous

tissue, intra-articular tissue or periosteal tissue,

Ê of a patient

to control pain or produce other beneficial clinical effects.

     (c) “Neuromuscular integration” to mean the

progressive harmonization of the endocrine system, immune system, autonomic

nervous system, skeletal system and smooth muscle system of a patient with the

cognitive and noncognitive faculties of a patient by the use of:

          (1) Manipulation of the soft tissues of the

body to balance the body, including, without limitation:

               (I) Aquastretch exercising or any other

form of aquatic therapy; and

               (II) Cranio-sacral manipulation; and

          (2) Thought field therapy to recondition the

endocrine system, immune system, autonomic nervous system and central nervous

system.

     (d) “Nutrition” to include, without limitation,

applied kinesiology or any other modality or method used for the recognition,

evaluation, treatment and correction of the unique dietary needs of a patient.

     (e) “Orthomolecular therapy” to mean the treatment

and prevention of disease, including, without limitation, infection, malignancy

and degenerative illness, by adjusting the natural chemical constituents of the

body on the molecular level. The term includes, without limitation:

          (1) The prescription of topical and oral

supplements, medicines and pharmaceutical preparations; and

          (2) The intravenous infusion, intramuscular

injection, subcutaneous injection and intradermal injection of vitamins, amino

acids, peptides, polypeptides, enzymes, sarcodes, medicines and pharmaceutical

preparations, homeopathic medications, ozone, bio-oxidative substances or

chelating agents,

Ê to detoxify

and remove harmful substances from the body, including, without limitation,

heavy metals, the buildup of vascular and arterial plaque and toxic

environmental factors, including, without limitation, pesticides, xenobiotics,

bacteria and fungi.

     2.  As used in this section:

     (a) “Aquastretch exercising” means a method of

personal or assisted exercise used as a form of aquatic or nonaquatic therapy

which enables stretching of the body to encourage dynamic intuitive movement,

usually in various depths of water and with various weights attached to the

body, to increase systemic flexibility and improve vascular, nerve and muscular

functions.

     (b) “Bio-oxidative substances” means substances

that are used to promote healing at the cellular level by the use of oxygen in

its various forms.

     (c) “Chelating agents” means substances that are

used to remove heavy metals and other toxins from the body, including, without

limitation:

          (1) Sodium 2,3-dimercaptopropane-1-sulfonate

(DMPS);

          (2) Dimercaptosuccinic acid (DMSA);

          (3) Ethylene diamine tetra-acetic acid (EDTA);

          (4) Penicillamine;

          (5) Diethylene triamine penta-acetic acid

(DTPA);

          (6) Deferoxamine mesylate; and

          (7) Clathration agents.

     (d) “Cranio-sacral manipulation” means the

manipulation of muscles, ligaments, fascia or other connective tissues, and any

anatomical structures relating to those tissues, to improve the function of

cranial nerves and systemic neurological dynamics.

     (e) “Dry needling” means a procedure that involves

inserting acupuncture needles under the skin at trigger points and, while those

needles are inserted, rotating the needles or connecting the needles to a low

current electrical supply.

     (f) “Pharmaceutical preparations” includes narcotic

drugs or opiates that are listed as schedule II controlled substances pursuant

to chapter 453 of NRS.

     (g) “Thought field therapy” means a technique that

uses the energy meridians of the body which are used in acupuncture and acupressure

to treat abnormal patterns of thought that cause emotional and

psychophysiological distress.

     (h) “Trigger point” means a hyperirritable spot

within the skeletal muscle or the fascia of that muscle that, upon compression,

causes pain, tenderness and autonomic nervous system phenomena.

     (i) “Xenobiotics” means chemical compounds that,

under normal circumstances, are foreign to living organisms.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs by

R213-97, eff. 12-18-98; A by R058-00, 12-11-2000; R105-03, 9-24-2003; R217-08,

12-17-2008)

 

      NAC 630A.015  Use of electronic testing and treatment device. (NRS 630A.040, 630A.155, 630A.200)

     1.  A homeopathic physician, advanced

practitioner of homeopathy or homeopathic assistant may use an electronic

testing and treatment device to:

     (a) Measure the resistance of the skin at

acupuncture points;

     (b) Evaluate and treat a patient; and

     (c) Assist in the selection and use of homeopathic

medicines and therapies pursuant to NRS

630A.040.

     2.  A homeopathic physician shall not use an

electronic testing and treatment device as the sole method for diagnosing a

patient.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 3-30-94; A by R105-03, 9-24-2003)

      NAC 630A.020  Use of sarcodes in macro dosage. (NRS 630A.040, 630A.155, 630A.200)  The use

of sarcodes in macro dosage includes the use of stem cells and is called “cell

therapy.”

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 8-29-85; A by R105-03, 9-24-2003)

      NAC 630A.022  Formulation of herbal substances. (NRS 630A.155, 630A.200)  Herbal

substances intended for use in herbal therapy may be formulated by:

     1.  A homeopathic physician;

     2.  An herbalist;

     3.  A pharmacist;

     4.  A pharmacologist; or

     5.  Any other person determined by the Board

to possess the training and experience necessary to formulate herbal

substances.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs by

R213-97, eff. 12-18-98)

      NAC 630A.023  Nutritional evaluation and treatment of patients. (NRS 630A.155, 630A.200)

     1.  If a homeopathic physician, advanced

practitioner of homeopathy or homeopathic assistant performs a nutritional

evaluation on a patient, the nutritional evaluation may include:

     (a) An analysis of the blood, urine and body tissue

for vitamins, minerals and amino acids, whether or not the analysis is

performed by a laboratory;

     (b) A functional intracellular analysis;

     (c) A test of muscle strength and endurance using

applied kinesiology; and

     (d) The use of dark-field microscopy.

     2.  If a homeopathic physician, advanced

practitioner of homeopathy or homeopathic assistant performs nutritional

treatment on a patient, the treatment may include:

     (a) Dietary recommendations; and

     (b) Supplementation of the diet with vitamins,

minerals, amino acids or protomorphogens, or any combination thereof.

     3.  As used in this section:

     (a) “Dark-field microscopy” means a method of

microscopy in which an amount of light is excluded from an object under

examination, thereby resulting in a dark or nearly dark field around the

specimen.

     (b) “Functional intracellular analysis” means the

use of peripheral blood cells to analyze the metabolic and nutritional status

of a patient.

     (c) “Protomorphogens” means glandular material

taken from mammals other than humans, including, without limitation, the bovine,

ovine or porcine species, that supplies biologically active hormones, hormone

precursors, enzymes, vitamins, minerals, soluble proteins and natural lipid

factors.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs by

R213-97, eff. 12-18-98; A by R105-03, 9-24-2003; R217-08, 12-17-2008)

BOARD OF HOMEOPATHIC MEDICAL EXAMINERS

      NAC 630A.024  Oath or affirmation of office of members. (NRS 630A.130, 630A.200)

     1.  In addition to taking the constitutional

oath or affirmation of office set forth in Section 2 of Article 15 of the

Constitution of the State of Nevada, each member of the Board will, as required

pursuant to NRS 630A.130, take

the following oath or affirmation:

 

     I, ................, do solemnly

swear (or affirm) that I am legally qualified to serve as a member of the Board

of Homeopathic Medical Examiners and that I will well and faithfully perform

all the duties of a member of the Board, on which I am about to enter, (if an

oath) so help me God, (if an affirmation) under the pains and penalties of

perjury.

 

     2.  An officer of the Board will administer

the oaths or affirmations described in subsection 1.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs by

R105-03, eff. 9-24-2003)

      NAC 630A.031  Committee to examine and make recommendations regarding education

in homeopathy. (NRS 630A.200)

     1.  The President of the Board shall appoint

a committee composed of the Secretary-Treasurer of the Board and at least two

other persons who are homeopathic physicians or advanced practitioners of

homeopathy. The committee shall:

     (a) Periodically examine the educational

activities, quality of training seminars, meetings and materials used for

educating homeopathic physicians, homeopathic assistants or advanced

practitioners of homeopathy; and

     (b) Make recommendations to the Board regarding the

education of homeopathic physicians, homeopathic assistants and advanced

practitioners of homeopathy.

     2.  The Board may accept, reject or alter any

recommendation of the committee.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs by

R058-00, eff. 12-11-2000; A by R105-03, 9-24-2003; R217-08, 12-17-2008)—(Substituted

in revision for NAC 630A.098)

LICENSING AND CERTIFICATION

      NAC 630A.050  Application for license. (NRS 630A.155, 630A.200, 630A.240, 630A.330)

     1.  An applicant for a license to practice

homeopathic medicine must submit to the Board a completed and notarized

application on a form furnished by the Board. The form may be obtained from the

Office of the Board or from the Internet website of the Board. The application

must include or indicate the following:

     (a) A certificate, on a form furnished by the

Board, proving that the applicant holds a valid and unrestricted license to

practice allopathic, homeopathic or osteopathic medicine properly issued by the

District of Columbia, any state or territory of the United States or a foreign

country whose standards for licensing are approved by the Educational

Commission for Foreign Medical Graduates. The form for the certificate may be

obtained from the Office of the Board or from the Internet website of the

Board.

     (b) A certificate proving that the applicant

completed the required period of postgraduate training.

     (c) The applicant’s place and date of birth, social

security number as required pursuant to NRS 630A.246, registration number

issued by the Drug Enforcement Administration, and the address and telephone

number of his or her home and office.

     (d) A chronological history of the years and places

of the applicant’s allopathic, homeopathic and osteopathic medical practice and

postgraduate training.

     (e) A list of allopathic, homeopathic and

osteopathic medical societies and specialty boards, if any, of which the

applicant is a member.

     (f) The names and addresses of all hospitals of

which the applicant is or has been a member of the staff during the past 10

years.

     (g) Whether the applicant has ever been charged

with or convicted of a felony or an offense involving moral turpitude.

     (h) Whether the applicant has ever been addicted to

the use of narcotics, controlled substances or alcohol.

     (i) Whether the applicant has even been charged

with, convicted of or investigated for illegally using, dispensing or selling

controlled substances.

     (j) Whether the applicant has ever been refused or

denied a license or certificate by examination or reciprocity.

     (k) Whether the applicant has ever had his or her

allopathic, homeopathic or osteopathic medical license or certificate suspended

or revoked or has been placed on probation or has ever surrendered his or her

license or certificate because of a disciplinary action or a pending

disciplinary action.

     (l) A photograph of the applicant taken within 60

days before the date of the application.

     (m) A complete set of fingerprints on a form

furnished by the Board, along with the written consent of the applicant for the

Board to forward the fingerprints to a law enforcement agency for a report on

the criminal history of the applicant.

     (n) Letters of recommendation from three physicians

who are currently in practice, at least two of whom are actively engaged in the

practice of homeopathic medicine in this State and each of whom is personally

acquainted with the applicant.

     2.  The applicant must submit, with the

application, the application fee required pursuant to NRS 630A.330. The application fee

is nonrefundable.

     3.  If the application is rejected, it will

be retained by the Board pursuant to subsection 4 of NRS 630A.290 and the Board will

notify the applicant of the reasons for the rejection.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 8-29-85; A by R105-03, 9-24-2003; R217-08, 12-17-2008)

      NAC 630A.060  Examination to practice homeopathic medicine. (NRS 630A.155, 630A.200)

     1.  The Board will administer an examination

to practice homeopathic medicine at least two times each year at the dates and

times established by the Board. An applicant for a license to practice

homeopathic medicine must submit the completed application required pursuant to

NAC 630A.050 to the Secretary-Treasurer of the

Board not later than 60 days before the date scheduled for the examination to

be eligible to take that examination.

     2.  The examination will consist of a written

examination that is based upon the principles of homeopathy as defined in NRS 630A.040. The time allowed

for completing the examination must not exceed 3 hours.

     3.  The Secretary-Treasurer shall notify the

applicant of the time and place of the examination not later than 20 days

before the date scheduled for the examination.

     4.  Any book, computer, note or other

material approved by the Secretary-Treasurer of the Board before the

examination may be used during the written examination.

     5.  To pass the examination, an applicant

must receive a score of at least 76 percent on the written examination.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 8-29-85; A 10-25-96; R058-00, 12-11-2000; R105-03, 9-24-2003)

      NAC 630A.062  Medical competency examination. (NRS 630A.155, 630A.200, 630A.430)

     1.  A homeopathic physician who is subject to

a medical competency examination pursuant to NRS 630A.430 shall pay the costs

of the examination.

     2.  The medical competency examination:

     (a) May be written or oral;

     (b) Will last no longer than 4 hours; and

     (c) Must be administered by two physicians selected

by the Board who are licensed and actively engaged in the practice of

homeopathic medicine in this State.

     3.  If the person being examined objects to

the physicians selected to administer the examination and the Board finds that

the person’s objections are valid, he or she may submit a list of eight names

of homeopathic physicians who are actively engaged in the practice of

homeopathic medicine in this State from which the Board may select one or two

physicians to replace one or both of the examiners previously selected.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 8-29-85; A by R105-03, 9-24-2003)

      NAC 630A.065  Examination of graduate of foreign medical school. (NRS 630A.155, 630A.200, 630A.270)  An

applicant for a license to practice homeopathic medicine who is a graduate of a

foreign medical school must successfully complete the:

     1.  Examination administered by the

Educational Commission for Foreign Medical Graduates; or

     2.  Federation Licensing Examination.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 3-19-87)

      NAC 630A.070  Postgraduate training of graduate of medical or osteopathic

school or foreign medical school. (NRS 630A.155, 630A.200)

     1.  An applicant for a license to practice

homeopathic medicine who is a graduate of a medical or osteopathic school, as

required pursuant to NRS 630A.230

and 630A.240, must have

completed 6 months of his or her postgraduate medical or osteopathic training

in the United States.

     2.  An applicant for a license to practice

homeopathic medicine who is a graduate of a foreign medical school, as required

pursuant to NRS 630A.270, must

have completed 6 months of his or her postgraduate medical training in the

United States.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 8-29-85; A by R105-03, 9-24-2003; R217-08, 12-17-2008)

      NAC 630A.072  Postgraduate training in homeopathy: Approval of course or

program. (NRS

630A.155, 630A.200, 630A.240)

     1.  The 6 months of postgraduate training in

homeopathy required of an applicant for a license to practice homeopathic

medicine pursuant to NRS 630A.240

must consist of courses, instructors or programs which are approved by the

Board. In determining whether to approve a course or program, the Board will

consider:

     (a) The textbooks and other instructional aids used

in the course or program;

     (b) The institution offering the course or program;

     (c) The qualifications of the instructor teaching

the course or program; and

     (d) Whether the course or program includes instruction

on:

          (1) The diagnostic and therapeutic principles

referred to in NRS 630A.040;

          (2) The procedure for evaluating a patient;

          (3) The procedure for selecting an appropriate

treatment based upon the evaluation of the patient;

          (4) Homeopathic posology and pharmacology; and

          (5) The methodology of prescribing homeopathic

medicines and therapies.

     2.  The Board may, without notice, revoke the

approval of a course or program that the Board has previously approved if the

Board determines that the course or program no longer complies with the

considerations set forth in subsection 1.

     3.  The Board will maintain a list of courses

and programs that are currently approved by the Board.

     4.  If an applicant for a license to practice

homeopathic medicine has completed a course or program that has not been

approved by the Board, the applicant may submit the course or program to the

Board for approval. The Board will review the course or program based upon the

considerations set forth in subsection 1. If the Board approves the course or

program, the applicant will receive credit for the postgraduate training.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 3-30-94; A by R058-00, 12-11-2000; R105-03, 9-24-2003; R217-08, 12-17-2008)

      NAC 630A.076  Training in homeopathy: Eligibility of homeopathic physician to

serve as supervisor. (NRS 630A.155, 630A.200)  A

homeopathic physician who is actively practicing homeopathy in Nevada and who

is in good standing with the Board may serve as a supervisor of a person who is

engaged in the postgraduate training required by paragraph (c) of subsection 1

of NRS 630A.240 or who is

engaged in training required pursuant to NAC 630A.420,

if the licensee:

     1.  Receives approval in writing from the

Board;

     2.  Notifies the Board in writing at the

conclusion of the training that the person:

     (a) Has completed the required period of training;

and

     (b) Is prepared to be examined by the Board; and

     3.  Attests in writing to the Board that he

or she has not willfully and intentionally made a false or fraudulent statement

or submitted a false or fraudulent document to the Board.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs by

R058-00, eff. 12-11-2000; R217-08, 12-17-2008)—(Substituted in revision for NAC

630A.425)

      NAC 630A.080  Interview of graduate of medical school. (NRS 630A.155, 630A.200)  Any

applicant for a license to practice homeopathic medicine who is a graduate of a

medical school, as required pursuant to NRS 630A.230, 630A.240 or 630A.270, shall appear personally

before the Board for an interview.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 8-29-85; A by R105-03, 9-24-2003)

      NAC 630A.090  Licensing by reciprocity. (NRS 630A.155, 630A.200)

     1.  In addition to the requirements set forth

in NRS 630A.280, an applicant

may obtain a license by reciprocity without a written examination if the

applicant submits a certificate endorsed by the Homeopathic Medical Examining

Board of any state, territory or the District of Columbia which licensed or

certified the applicant indicating that:

     (a) He or she passed an examination to obtain the

license or certificate;

     (b) His or her license or certification has never

been revoked or suspended; and

     (c) The photograph and signature appearing on the

license or certification are that of the applicant.

     2.  The applicant must appear at a meeting of

the Board for an interview. The Secretary-Treasurer will notify the applicant

whose application and supporting documents have been accepted by the Board of

the time and place for the interview 20 days before it is to take place.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 8-29-85; A by R105-03, 9-24-2003)

      NAC 630A.096  Continuing education: General requirements; exemption; failure to

comply. (NRS

630A.155, 630A.200, 630A.295, 630A.299)

     1.  Except as otherwise provided in

subsection 2, each homeopathic physician, homeopathic assistant or advanced

practitioner of homeopathy applying for renewal of his or her license or

certificate must, at the time of annual registration, submit to the Board

evidence, in such form as the Board requires, that he or she has completed

during the preceding year 20 credits of continuing education in courses

approved by the Board, including, without limitation, courses relating to:

     (a) Homeopathy;

     (b) Complementary and alternative therapy; or

     (c) The protocol of an advanced practitioner of

homeopathy.

     2.  A homeopathic physician who has completed

a full year of residency or fellowship in allopathic, osteopathic or

homeopathic medicine any time during the period for annual registration

immediately preceding the submission of the application for annual registration

is exempt from the requirements set forth in subsection 1 for that year.

     3.  If a homeopathic physician, homeopathic

assistant or advanced practitioner of homeopathy fails to submit evidence of

his or her completion of continuing education within the time and in the manner

set forth in subsection 1, his or her license or certificate will not be

renewed. Such a person may not resume the practice of homeopathic medicine

pursuant to this chapter and chapter

630A of NRS unless the person:

     (a) Pays a fee to the Board which is twice the fee

for renewal of:

          (1) A license as set forth in subsection 1 of NAC 630A.120;

          (2) A certificate to practice as a homeopathic

assistant as set forth in paragraph (c) of subsection 2 of NAC 630A.550; or

          (3) A certificate to practice as an advanced

practitioner of homeopathy as set forth in paragraph (c) of subsection 2 of NAC 630A.550;

     (b) Submits to the Board, in such form as it

requires, evidence that he or she has completed the 20 credits of continuing

education required by subsection 1; and

     (c) Is found by the Board to be otherwise qualified

for active status pursuant to the provisions of this chapter and chapter 630A of NRS.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs by

R058-00, eff. 12-11-2000; A by R105-03, 9-24-2003; R217-08, 12-17-2008)

      NAC 630A.100  Temporary license; special license. (NRS 630A.155, 630A.200, 630A.310)

     1.  An applicant for a temporary license

shall furnish to the Board, along with his or her application, a letter from

the homeopathic physician for whom the applicant is to serve as a substitute

requesting the issuance of the temporary license, stating the reasons for the

absence from his or her practice and the period of the absence.

     2.  A homeopathic physician licensed in

another state who applies to the Board for a special license to practice

homeopathic medicine in this State for a specified period of time and for

specific purposes must do so by a letter, accompanied by proof that he or she

holds a valid license issued to him or her by the other state.

     3.  The applicant for a nonrenewable

temporary or a special license may be required to appear before the Board or

one of its members for an oral interview before the issuance of the license.

     4.  A special license will state on its face

the period during which it is valid and the specified purposes for the license.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 8-29-85; A by R105-03, 9-24-2003; R217-08, 12-17-2008)

      NAC 630A.110  Limited license. (NRS 630A.155, 630A.200, 630A.320)  A

limited license must state that it is a limited license to practice homeopathic

medicine as a resident physician in a postgraduate program of clinical

training, and the period during which it is valid.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 8-29-85)

      NAC 630A.120  Fees. (NRS 630A.200, 630A.330)  The

Board will charge and collect the following fees:



     1.  For the

annual renewal of a license to practice homeopathic medicine............





............ $600







     2.  For the

reexamination of an applicant who fails the examination for a license to

practice homeopathic medicine................................................................................





............ $400







     3.  For the

reexamination of an applicant who fails the examination for a certificate to

practice as an advanced practitioner of homeopathy..............................





............ $215







 





 







 





 







     4.  For the

reexamination of an applicant who fails the examination for a certificate to

practice as a homeopathic assistant.........................................................





............ $108







     5.  For a

temporary, special or limited license or certificate..................................     





............ $150





     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 8-29-85; A by R137-97, 1-22-98; R105-03, 9-24-2003; R085-08, 12-17-2008)

      NAC 630A.130  Notification of change in address of home or office; failure to

comply. (NRS

630A.155, 630A.200, 630A.295, 630A.299, 630A.510)

     1.  A holder of a license to practice

homeopathic medicine, a certificate to practice as an advanced practitioner of

homeopathy or a certificate to practice as a homeopathic assistant shall notify

the Board in writing of any change in the address of his or her home or office

not later than 30 days after the change.

     2.  If a holder of a license to practice

homeopathic medicine, a certificate to practice as an advanced practitioner of

homeopathy or a certificate to practice as a homeopathic assistant fails to notify

the Board in writing of any change in the address of his or her home or office

within the period set forth in subsection 1, the Board may by order, after

providing a hearing pursuant to NRS

630A.480 or NAC 630A.580 and except as

otherwise provided in this subsection, impose an administrative fine. If the

holder of a license to practice homeopathic medicine, a certificate to practice

as an advanced practitioner of homeopathy or a certificate to practice as a

homeopathic assistant waives his or her right to a hearing set forth in NRS 630A.480 or NAC 630A.580, the Board will impose an administrative

fine in the amount of $500 for the first day after the period set forth in

subsection 1 plus an additional $20 per day for each day thereafter that the

holder of the license or certificate does not notify the Board of the change.

The total amount of the administrative fine will not exceed $700.

     3.  If a holder of a license to practice

homeopathic medicine, a certificate to practice as an advanced practitioner of

homeopathy or a certificate to practice as a homeopathic assistant fails to

notify the Board in writing of any change in the address of his or her home or

office within 60 days after the change and the holder of the license or certificate

fails to pay a fine imposed pursuant to subsection 2, the Board will by order,

after providing a hearing pursuant to NRS 630A.480 or NAC 630A.580, suspend the license or certificate of

the holder for a specified period or until the Board orders the license or

certificate to be reinstated.

     4.  A person may restore a license that has

been suspended pursuant to this section in the manner provided in subsection 5

of NRS 630A.530 for the

restoration of a license that has been revoked by the Board.

     5.  A person may restore a certificate that

has been suspended pursuant to this section in the manner provided in NAC 630A.620.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 8-29-85; A by R105-03, 9-24-2003)

STANDARDS OF PRACTICE

      NAC 630A.132  Duties; prohibited practices; use of certain substances, devices

or agents; failure to provide certain information to Board. (NRS 630A.155, 630A.200, 630A.510)

     1.  A homeopathic physician shall:

     (a) Complete and return any official practice

surveys, questionnaires or other necessary information required by the Board to

protect the public within 30 days after the date the survey, questionnaire or

other necessary information is postmarked; and

     (b) Maintain a legible, written record, including,

without limitation, a record that is typed, printed or generated by a computer,

for each patient attended, as required by chapter

629 of NRS, and keep this record available for copying or inspection, as

necessary, upon receipt of a written request for records authorized pursuant to

chapter 629 of NRS.

 

     2.  A homeopathic physician shall not:

     (a) Falsify records of health care or insurance;

     (b) Falsify medical records of a patient,

including, without limitation, altering records to indicate the presence of the

homeopathic physician at a time when the homeopathic physician was not in

attendance or to indicate that procedures were performed on the patient by the

homeopathic physician that were in fact not performed by him or her;

     (c) Render professional service to a patient while

under the influence of alcohol or any controlled substance or while in any

other impaired mental or physical condition;

     (d) Acquire any controlled substance from a

pharmacy or other source by misrepresentation, fraud, deception or subterfuge;

     (e) Allow any person who is unlicensed and

uncertified to treat a patient by means of homeopathy;

     (f) Fail to provide adequate supervision of a

homeopathic assistant or advanced practitioner of homeopathy who is employed or

supervised by him or her;

     (g) Fail to honor the advance directive of a

patient without informing the patient, the surrogate or the guardian of the

patient, and without documenting in the records of the patient the reasons for

failing to honor the advance directive of the patient contained therein;

     (h) Fail to prescribe adequately therapies or

substances allowed in NRS 630A.040

for the control of pain;

     (i) Enter into a multilevel marketing agreement

with a patient or an immediate family member of the patient; or

     (j) Submit false or fraudulent information to the

Board.

     3.  A homeopathic physician is not subject to

disciplinary action solely for prescribing, administering or dispensing to a

patient under his or her care:

     (a) Amygdalin (laetrile), if the patient has

consented in writing to the use of the substance;

     (b) Procaine hydrochloride with preservatives and

stabilizers (Gerovital GH3);

     (c) A controlled substance or controlled substance

analog which is listed in the official Homeopathic Pharmacopoeia of the

United States (HPUS) or any supplement thereto or which is approved by the

State Board of Pharmacy pursuant to NRS

453.146, if the homeopathic physician is authorized by law to prescribe the

substance;

     (d) A device or agent approved by the United States

Food and Drug Administration in a manner that is not approved by the United

States Food and Drug Administration if:

          (1) The device or agent has not been

scientifically proven to be of greater morbidity or mortality than the

prevailing method of treatment;

          (2) The device or agent is within the scope of

practice of homeopathic medicine; and

          (3) The patient has consented in writing to

the use of the device or agent;

     (e) Homeopathy for the treatment of chronic

degenerative disease, cancer or intractable pain;

     (f) Preventive or early intervention using

homeopathy; or

     (g) Homeopathic medicines:

          (1) In single, alternating or sequential

doses, or a combination of these methods; or

          (2) From material doses and tinctures through

low, medium, high and ultrahigh potencies relating to the specialty,

subspecialty, school, method or style of homeopathy used.

     4.  If a homeopathic physician fails to

complete and return a survey, questionnaire or other necessary information as

required pursuant to paragraph (a) of subsection 1, the Board may by order,

after a formal hearing held pursuant to NRS 630A.480 and except as

otherwise provided in this subsection, impose an administrative fine. If the

homeopathic physician waives his or her right to the hearing set forth in NRS 630A.480, the Board will

impose an administrative fine in the amount of $20 for each day a survey,

questionnaire or other necessary information required to be completed and

returned pursuant to paragraph (a) of subsection 1 is overdue, up to a maximum

of $500.

     5.  As used in this section:

     (a) “Controlled substance analog” means:

          (1) A substance whose chemical structure is

substantially similar to the structure of a controlled substance listed in

schedule III pursuant to NAC 453.530;

or

          (2) A substance that is substantially similar

to or greater than the stimulant, depressant or hallucinogenic effect on the

central nervous system of a person treated with a controlled substance listed

in schedule III pursuant to NAC 453.530,

and which has, is represented as having or is intended to have a stimulant,

depressant or hallucinogenic effect on the central nervous system of a person.

     (b) “Intractable pain” means a condition of

discomfort for which the cause cannot be removed or otherwise treated and for

which a method of providing relief or a cure for the cause has not been found

after reasonable efforts have been taken, including, without limitation,

evaluation by an attending homeopathic physician and one or more physicians

specializing in the treatment of the area, system or organ of the body which is

believed to be the source of the discomfort.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs by

R058-00, eff. 12-11-2000; A by R105-03, 9-24-2003)

      NAC 630A.134  Use of certain intravenous therapies. (NRS 630A.155, 630A.200)  A

homeopathic physician who uses intravenous hydrogen peroxide or intravenous

chelation in the treatment of a patient shall:

     1.  Follow a protocol that has been approved

by the Board; and

     2.  Be on the premises or have a licensed

homeopathic physician, homeopathic assistant or advanced practitioner of

homeopathy on the premises at all times while a patient is receiving

intravenous hydrogen peroxide or intravenous chelation therapy.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs by

R058-00, eff. 12-11-2000; A by R105-03, 9-24-2003)

      NAC 630A.136  Reports to Board of certain claims involving malpractice. (NRS 630A.155, 630A.200)

     1.  If a judgment is entered against a

homeopathic physician or advanced practitioner of homeopathy in any court, or a

settlement is reached, on a claim involving malpractice, the homeopathic

physician or advanced practitioner of homeopathy shall report that fact to the

Board within 60 days after the judgment is entered or the settlement is

reached.

     2.  As used in this section:

     (a) “Community” embraces the entire area

customarily served by homeopathic physicians and advanced practitioners of

homeopathy among whom a patient may reasonably choose, not merely the

particular area inhabited by the patients of that individual homeopathic

physician or advanced practitioner of homeopathy or the particular city or

place where the homeopathic physician or advanced practitioner of homeopathy

has his or her office.

     (b) “Malpractice” means failure on the part of a homeopathic

physician or advanced practitioner of homeopathy to exercise the degree of

care, diligence and skill ordinarily exercised by homeopathic physicians and

advanced practitioners of homeopathy in good standing in the community in which

he or she practices.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs by

R058-00, eff. 12-11-2000; A by R105-03, 9-24-2003)

      NAC 630A.138  Consultation with another provider of health care. (NRS 630A.155, 630A.200)  A

homeopathic physician shall consult with another provider of health care in

difficult cases or in cases where the homeopathic physician is in doubt if it

appears to the homeopathic physician that such consultation may enhance the

quality of homeopathic medical services.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs by

R058-00, eff. 12-11-2000)

      NAC 630A.140  Advertising: Prohibited acts. (NRS 630A.155, 630A.200)  A

homeopathic physician in advertising his or her practice shall not:

     1.  Make any false claim of his or her

medical skill or the efficacy or value of the medicine or treatment he or she

uses.

     2.  Claim or imply superiority in the

performance of any professional service as compared to other homeopathic physicians.

     3.  Make any other statement calculated to

attract patients which may mislead the public.

     4.  Be deceptive or misleading or make false

statements in regard to the fee or terms of credit for services performed or to

be performed.

     5.  Make statements which have a tendency to

produce unrealistic expectations in particular cases, even though no member of

the public is actually deceived, misled or harmed.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 8-29-85)

INTRASTATE PRACTICE USING ELECTRONIC MEANS

      NAC 630A.142  Construction of provisions. (NRS 630A.155, 630A.200)  Nothing

in NAC 630A.142 to 630A.148,

inclusive, shall be construed to:

     1.  Authorize any person not licensed or

certified pursuant to chapter 630A

of NRS to engage in the intrastate practice of homeopathic medicine using

electronic means; or

     2.  Regulate the practice of homeopathic

medicine using electronic means by a homeopathic physician or advanced

practitioner of homeopathy if:

     (a) The homeopathic physician or advanced

practitioner of homeopathy is not located in this State; or

     (b) The patient who is being treated by the

homeopathic physician or advanced practitioner of homeopathy is not located in

this State.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs by

R043-03, eff. 9-24-2003)

      NAC 630A.144  Homeopathic physicians: Restrictions. (NRS 630A.155, 630A.200)

     1.  Except as

otherwise provided in subsection 2, a homeopathic physician may engage in the

intrastate practice of homeopathic medicine using electronic means.

     2.  While engaging in the intrastate practice

of homeopathic medicine using electronic means, a homeopathic physician shall

not:

     (a) Provide any homeopathic service to a patient

unless the homeopathic physician:

          (1) Obtains a reasonable homeopathic history

of the patient before providing the homeopathic service to the patient;

          (2) Personally examines the patient before

providing the homeopathic service to the patient if homeopathic physicians in

the community in which the homeopathic physician practices would ordinarily

personally examine such a patient before providing the homeopathic service; and

          (3) Complies with all applicable state and

federal laws; or

     (b) Prescribe any controlled substance to a patient

unless the homeopathic physician:

          (1) Personally examines the patient and

conducts any appropriate tests concerning the patient before prescribing the

controlled substance to the patient; and

          (2) Complies with all applicable state and

federal laws.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs by

R043-03, eff. 9-24-2003)

      NAC 630A.146  Homeopathic physicians: Duties. (NRS 630A.155, 630A.200)  A

homeopathic physician engaging in the intrastate practice of homeopathic

medicine by electronic means shall:

     1.  Ensure that the electronic transfer of

information is reasonably secure and conducted in accordance with all

applicable state and federal laws;

     2.  Retain health care records in accordance

with the requirements of chapter 629

of NRS;

     3.  Discuss with each patient the risks and

benefits of medication and any homeopathic services;

     4.  Conduct follow-up contact with each

patient in a timely manner after recommending any homeopathic services;

 

     5.  Discuss with each patient various

treatment alternatives that are available; and

     6.  Disclose to each patient that a physical

examination or assessment by a homeopathic physician is always recommended before

the use of homeopathic services.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs by

R043-03, eff. 9-24-2003)

      NAC 630A.148  Advanced practitioners of homeopathy: Written protocol. (NRS 630A.155, 630A.200, 630A.295)  An

advanced practitioner of homeopathy shall not engage in the intrastate practice

of homeopathic medicine using electronic means unless a written protocol

authorizing such practice is submitted to and approved by the Board pursuant to

NAC 630A.490.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs by

R043-03, eff. 9-24-2003)

PRACTICE BEFORE THE BOARD OF HOMEOPATHIC MEDICAL EXAMINERS

      NAC 630A.160  Verification of pleadings; answer to complaint; depositions

prohibited. (NRS

630A.155, 630A.200, 630A.210)

     1.  All pleadings must be verified.

     2.  A party may respond to a complaint by

filing an answer within 20 days after receiving the complaint. If a party fails

to file an answer within the time prescribed, he or she shall be deemed to have

generally denied the allegations of the complaint.

     3.  Depositions of witnesses may not be taken

before the hearing.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 8-29-85)

      NAC 630A.170  Filing of pleading, motion or other paper. (NRS 630A.155, 630A.200, 630A.210)  The

original and two copies of each pleading, motion or other paper must be filed

with the Secretary-Treasurer of the Board. He or she may require the party

filing the document to make a copy available to any other person who the

Secretary determines may be affected by the proceeding and who desires a copy.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 8-29-85)

      NAC 630A.180  Service of documents; proof of service. (NRS 630A.155, 630A.200, 630A.210, 630A.490)

     1.  Any document required to be served by a

party, other than a notice of hearing, complaint, adverse decision or order of

the Board, may be served by regular mail, and the service shall be deemed

complete when a true copy of the document, properly addressed and stamped, is

deposited in the United States mail.

     2.  There must appear on, or be attached to,

each document which is required to be served proof of service by means of a

certificate of an attorney or the attorney’s employee, a proof of personal

service, a written admission of service or an affidavit of mailing.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 8-29-85)

      NAC 630A.190  Motions. (NRS 630A.155, 630A.200, 630A.210)

     1.  All motions, unless made during a

hearing, must be in writing. All written motions must set forth the nature of

the relief sought, the grounds therefor, and the points and authorities relied

upon in support of the motion.

     2.  A party who desires to oppose a motion

may serve and file a written response to the motion within 20 days after

service of the motion. The moving party may serve and file a written reply to

the opposition to the motion within 10 days after the response is filed.

     3.  A decision on the motion will be rendered

without oral argument unless oral argument is requested by the Board, in which

event the Board will set a date and time for hearing the arguments.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 8-29-85)

      NAC 630A.200  Entry of appearance. (NRS 630A.155, 630A.200, 630A.210)

     1.  Each party to a disciplinary hearing

shall enter his or her appearance at the beginning of a hearing or at a time

designated by the Board by giving his or her name and address and stating his

or her position or interest to the Board. That information must be entered in

the record of the hearing.

     2.  Following the entry of an appearance by

an attorney for a party, all notices, pleadings and orders to be served on that

party must be served upon the attorney, and that service is valid for all

purposes concerning the party.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 8-29-85)

      NAC 630A.210  Hearings. (NRS 630A.155, 630A.200, 630A.210)

     1.  Hearings will be held before a majority

of the members of the Board.

     2.  The member of the Board who is presiding

over the hearing will call the hearing to order and note the appearances of

board members, the parties and their counsel, if any. The Board will act upon

any pending motions, stipulations and preliminary matters. The notice of

hearing, complaint, petition, answer, response or written stipulation is a part

of the record without the necessity of being read unless a party requests that

the document be read verbatim into the record.

     3.  Applicants, petitioners or complainants

shall present their evidence before the parties who are opposing the

application, petition or complaint submit their evidence.

     4.  The Board may allow closing statements by

the parties.

     5.  Briefs may be filed upon motion of a

party or at the request of the Board. The time for filing briefs will be set by

the Board.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 8-29-85)

      NAC 630A.220  Decision by Board. (NRS 630A.155, 630A.200, 630A.210)  A case

stands submitted for decision by the Board after the taking of evidence, the

filing of briefs or the presentation of oral arguments, if permitted. The Board

will issue its order or render its decision within 90 days after the hearing or

the submission of the case.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 8-29-85)

      NAC 630A.230  Service of copy of findings and order. (NRS 630A.155, 630A.200, 630A.210)  A copy

of the disciplinary findings and the order of the Board must be served by

personal service or by certified mail upon the person affected by them and upon

the person’s attorney of record.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 8-29-85)

      NAC 630A.240  Petition for declaratory order or advisory opinion. (NRS 630A.200)

     1.  A petition for a declaratory order or

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

permit to practice homeopathic medicine.

     2.  The original and seven copies of the

petition must be filed with the Secretary-Treasurer of the Board not less than

10 days before the next regularly scheduled meeting of the Board. The

Secretary-Treasurer will submit the petition to the Board at that meeting.

Within 30 days after the meeting, the Board will issue its declaratory order or

advisory opinions.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff.

8-29-85)—(Substituted in revision for NAC 630A.040)

      NAC 630A.250  Petitions concerning regulations. (NRS 630A.200)

     1.  A petition requesting the adoption,

filing, amendment or repeal of any regulation must be accompanied by a draft of

the proposed regulation in a form suitable for filing with the Secretary of

State.

 

 

     2.  The original and seven copies of the

petition and the proposed regulation must be filed with the Secretary-Treasurer

of the Board.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 8-29-85)—(Substituted in revision for NAC 630A.030)

HOMEOPATHIC ASSISTANTS AND ADVANCED PRACTITIONERS OF

HOMEOPATHY

Homeopathic Assistants

      NAC 630A.300  Application for certificate. (NRS 630A.155, 630A.200, 630A.299, 630A.330)

     1.  An applicant for a certificate to

practice as a homeopathic assistant must submit to the Board a notarized

application on a form furnished by the Board. The form may be obtained from the

Office of the Board or from the Internet website of the Board.

     2.  The applicant must include on the

application, or in an attachment thereto, any information required by the

Board, including, without limitation:

     (a) His or her place and date of birth;

     (b) His or her social security number as required

pursuant to NRS 630A.246;

     (c) The address and telephone number of his or her

place of residence and place of business;

     (d) Proof that he or she meets the qualifications

required by the Board pursuant to subsections 1, 2 and 3 of NAC 630A.320;

     (e) A list describing any license or certificate

that the applicant has earned which required the completion of medical training

or which authorizes him or her to provide medical services;

     (f) A statement disclosing whether he or she has

ever been convicted of a crime;

     (g) A statement disclosing whether any disciplinary

action has ever been taken against the applicant in his or her capacity as the holder

of a license or certificate which authorizes him or her to provide medical

services;

     (h) A photograph of the applicant which was taken

not more than 60 days before the application is submitted;

     (i) A complete set of the applicant’s fingerprints

on a form which is furnished by the Board, along with the written consent of

the applicant for the Board to forward the fingerprints to a law enforcement

agency for a report on the criminal history of the applicant; and

     (j) A letter of recommendation from:

          (1) A homeopathic physician who is actively

engaged in the practice of homeopathic medicine in this State; and

          (2) Two persons who have known the applicant

for at least 1 year.

     3.  The applicant must submit, with the

application, the application fee required pursuant to NRS 630A.330. The application fee

is nonrefundable.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 10-25-96; A by R105-03, 9-24-2003; R217-08, 12-17-2008)

      NAC 630A.310  Grounds for denial of certificate; notice of denial. (NRS 630A.155, 630A.200, 630A.299)

     1.  The Board may deny a certificate to

practice as a homeopathic assistant to an applicant if:

     (a) The application does not contain the

information required pursuant to NAC 630A.300;

     (b) The applicant does not possess the

qualifications required pursuant to subsections 1, 2 and 3 of NAC 630A.320;

     (c) The applicant does not pass the examination

required pursuant to NAC 630A.330 within 1 year

after submitting the application; or

     (d) Disciplinary action has been taken against the

applicant in his or her capacity as the holder of a license or certificate

which authorizes him or her to provide medical services.

     2.  If the application is rejected, it will

be retained by the Board and the Board will notify the applicant of the reasons

for the rejection.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 10-25-96; A by R105-03, 9-24-2003; R217-08, 12-17-2008)

      NAC 630A.320  Qualifications for certificate. (NRS 630A.155, 630A.200, 630A.299)  An

applicant for a certificate to practice as a homeopathic assistant must possess

the qualifications required by the Board, including, without limitation:

     1.  Graduation from high school.

     2.  Successful completion of at least one

training program approved by the Board. This training may include, without

limitation, a program to become certified or licensed to practice as:

     (a) A medical assistant;

     (b) A physician assistant;

     (c) A registered nurse;

     (d) A licensed practical nurse;

     (e) An emergency medical technician;

     (f) A medic in the Armed Forces of the United

States;

     (g) A medical technician;

     (h) A massage therapist; or

     (i) A physical therapist or physical therapist’s

assistant.

     3.  Successful completion of not less than

160 hours of training:

     (a) Under the supervision of a homeopathic

physician; or

     (b) In a program approved by the Board, including,

without limitation, education concerning:

          (1) Complementary and alternative medicine;

          (2) Herbal therapy;

          (3) Neural therapy;

          (4) Neuromuscular integration;

          (5) Nutrition; or

          (6) Orthomolecular therapy.

     4.  Successful completion of the examination

administered by the Board pursuant to NAC 630A.330.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 10-25-96; A by R105-03, 9-24-2003; R217-08, 12-17-2008)

      NAC 630A.330  Examination to practice. (NRS 630A.155, 630A.200, 630A.299)

     1.  The Board will administer an examination

to practice as a homeopathic assistant at least two times each year at the

dates and times established by the Board. An applicant for a certificate to

practice as a homeopathic assistant must submit the application required

pursuant to NAC 630A.300 to the

Secretary-Treasurer of the Board not later than 60 days before the date

scheduled for the examination to be eligible to take that examination.

     2.  The examination will consist of an

open-book written examination and an oral examination.

     3.  The Secretary-Treasurer shall notify an

applicant to practice as a homeopathic assistant of the time and place of the

examination not later than 20 days before the date scheduled for the

examination.

     4.  Any book, note or other material approved

by the Board may be used during the written examination.

     5.  To practice as a homeopathic assistant,

an applicant must receive:

     (a) A score of at least 70 percent on the written

examination; or

     (b) A passing score on the oral examination from a

majority of the board members who are present and grading the examination,

which will be graded on a pass or fail basis.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 10-25-96; A by R105-03, 9-24-2003)

      NAC 630A.350  Requirements regarding supervising homeopathic physician. (NRS 630A.155, 630A.200, 630A.299)

     1.  A homeopathic physician who supervises a

homeopathic assistant must be licensed to practice homeopathic medicine in the

State of Nevada and must currently practice homeopathic medicine in the State

of Nevada.

     2.  A homeopathic assistant who is supervised

by a homeopathic physician must be employed by that physician or by the entity

that employs the homeopathic physician.

     3.  The supervising homeopathic physician of

a homeopathic assistant shall meet and communicate with the homeopathic

assistant whom he or she supervises on each day that the homeopathic assistant

provides medical services.

     4.  The supervising homeopathic physician

remains responsible for all medical services provided by a homeopathic

assistant supervised by him or her.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 10-25-96)

      NAC 630A.360  Acceptable activities; medical diagnosis and determination of

treatment forbidden. (NRS 630A.155, 630A.200, 630A.299)

     1.  Except as otherwise provided in

subsection 2, a homeopathic assistant may perform electrodermal screening or

any other activity related to the practice of homeopathy that his or her

supervising homeopathic physician determines he or she is qualified to perform.

     2.  A homeopathic assistant shall not make a

medical diagnosis or determine the treatment of a patient.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 10-25-96)

      NAC 630A.370  Cessation of supervision: Notification; suspension and

reactivation of certificate. (NRS 630A.155, 630A.200, 630A.299)

     1.  A homeopathic physician who ceases to

supervise a homeopathic assistant shall notify the Board and the homeopathic

assistant in writing within 10 days after that supervision ceases. Upon receipt

of a notice, the Board will automatically suspend the certificate of the

homeopathic assistant.

     2.  A homeopathic assistant whose certificate

is suspended pursuant to subsection 1 may reactivate his or her certificate

before the date on which the certificate is due for renewal if:

     (a) The homeopathic assistant is reemployed as a

homeopathic assistant; and

     (b) The homeopathic assistant submits to the Board

proof of employment from his or her new supervising homeopathic physician.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 10-25-96; A by R217-08, 12-17-2008)

Advanced Practitioners of Homeopathy

      NAC 630A.400  Application for certificate. (NRS 630A.155, 630A.200, 630A.295, 630A.330)

     1.  An applicant for a certificate to

practice as an advanced practitioner of homeopathy must submit to the Board a

notarized application on a form furnished by the Board. The form may be

obtained from the Office of the Board or from the Internet website of the

Board.

     2.  The applicant must include on the

application, or in an attachment thereto, any information required by the

Board, including, without limitation:

     (a) His or her place and date of birth;

     (b) His or her social security number as required

pursuant to NRS 630A.246;

     (c) The address and telephone number of his or her

place of residence and place of business;

     (d) Proof that the applicant meets the

qualifications required by the Board pursuant to subsections 1, 2 and 3 of NAC 630A.420;

     (e) A list describing any license or certificate

that the applicant has earned which required the completion of medical or

professional training or which authorizes him or her to provide medical or

professional services;

     (f) A statement disclosing whether the applicant

has ever been convicted of a crime;

     (g) A statement disclosing whether any disciplinary

action has ever been taken against the applicant in his or her capacity as the

holder of a license or certificate which authorizes him or her to provide

medical or professional services;

     (h) A photograph of the applicant which was taken

not more than 60 days before the application is submitted;

     (i) A complete set of the applicant’s fingerprints

on a form which is furnished by the Board, along with the written consent of

the applicant for the Board to forward the fingerprints to a law enforcement

agency for a report on the criminal history of the applicant; and

     (j) A letter of recommendation from:

          (1) A homeopathic physician who is actively

engaged in the practice of homeopathic medicine in this State; and

          (2) Two persons who have known the applicant

for at least 1 year.

     3.  The applicant must submit, with the

application, the application fee required pursuant to NRS 630A.330. The application fee

is nonrefundable.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 10-25-96; A by R105-03, 9-24-2003; R217-08, 12-17-2008)

      NAC 630A.410  Grounds for denial of certificate; notice of denial. (NRS 630A.155, 630A.200, 630A.295)

     1.  The Board may deny a certificate to

practice as an advanced practitioner of homeopathy to an applicant if:

     (a) The application does not contain the

information required pursuant to NAC 630A.400;

     (b) The applicant does not possess the

qualifications required pursuant to subsections 1, 2 and 3 of NAC 630A.420;

     (c) The applicant does not pass the examination

required pursuant to subsection 4 of NAC 630A.420

within 1 year after submitting the application; or

     (d) Disciplinary action has been taken against the

applicant in his or her capacity as the holder of a license or certificate

which authorizes him or her to provide medical services.

     2.  If the application is rejected, it will

be retained by the Board and the Board will notify the applicant of the reasons

for the rejection.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 10-25-96; A by R105-03, 9-24-2003)

      NAC 630A.415  Effect of revocation of certificate to practice any type of

medicine in another jurisdiction. (NRS 630A.155, 630A.200, 630A.295)

     1.  The Board will not issue a certificate as

an advanced practitioner of homeopathy to an applicant who has been certified

to practice any type of medicine in another jurisdiction and whose certificate

was revoked for gross medical negligence by that jurisdiction.

     2.  The Board may revoke the certificate of

any person certified to practice any type of medicine in another jurisdiction

which was revoked for gross medical negligence by that jurisdiction.

     3.  The revocation of a certificate to

practice any type of medicine in another jurisdiction on grounds other than

grounds which would constitute revocation for gross medical negligence

constitutes grounds for initiating disciplinary action or denying the issuance

of a certificate as an advanced practitioner of homeopathy.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs by

R105-03, eff. 9-24-2003)

      NAC 630A.420  Qualifications for certificate. (NRS 630A.155, 630A.200, 630A.295)  An

applicant for a certificate to practice as an advanced practitioner of

homeopathy must possess the qualifications required by the Board, including,

without limitation:

     1.  A baccalaureate degree from a college or

university which is approved by the Board or equivalent qualifications as

determined and approved by the Board.

     2.  Successful completion of at least one of

the following training programs approved by the Board:

     (a) A program to become certified or licensed to

practice as:

          (1) A nurse practitioner;

          (2) A registered nurse;

          (3) A chiropractor;

          (4) An acupuncturist or doctor of oriental

medicine;

          (5) A naturopathic physician;

          (6) A physician assistant;

          (7) A psychologist;

          (8) A marriage and family therapist;

          (9) A physical therapist;

          (10) An occupational therapist;

          (11) An emergency medical technician;

          (12) A medical technician; or

          (13) A midwife;

     (b) A program to receive a degree or other

certification specified by the Board from:

          (1) A domestic or foreign medical or

osteopathic school approved by the Board;

          (2) A homeopathic medical school approved by

the Board;

          (3) A school of naturopathy approved by the

Board; or

          (4) A professional school or academic program

approved by the Board; or

     (c) Any other medical or professional training

approved by the Board.

     3.  Successful completion of a period of

training specified by the Board in at least one of the following areas:

     (a) Homeopathy;

     (b) Noninvasive electrodiagnosis;

     (c) Cell therapy;

     (d) Herbal therapy;

     (e) Neural therapy;

     (f) Neuromuscular integration;

     (g) Orthomolecular therapy; or

     (h) Nutrition.

     4.  Successful completion of the examination

administered by the Board pursuant to NAC 630A.430.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 10-25-96; A by R217-08, 12-17-2008)

      NAC 630A.430  Successful completion of examination to practice as homeopathic

physician required. (NRS 630A.155, 630A.200, 630A.295)  To

practice as an advanced practitioner of homeopathy, a person must successfully

complete the examination given by the Board to applicants to practice as a

homeopathic physician pursuant to NAC 630A.060

which is administered by the Board at least two times each year. An applicant

will be notified and his or her examination administered and scored in the same

manner as set forth in that section.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 10-25-96)

      NAC 630A.435  Certification by reciprocity: Authority of Board; qualifications

of applicant. (NRS

630A.155, 630A.200, 630A.295)  The

Board may, in its discretion, issue a certificate to an applicant who holds a

valid certificate as an advanced practitioner of homeopathy issued to him or

her by the homeopathic medical examining board of the District of Columbia or

of any state or territory of the United States if:

     1.  The legal requirements of the homeopathic

medical examining board were, at the time of issuing the certificate, in no

degree or particular less than those of this State at the time when the

certificate was issued.

 

     2.  The applicant is of good moral character

and reputation.

     3.  The applicant passes an oral examination,

where required by the Board.

     4.  The applicant furnishes to the Board such

other proof of qualifications, professional or moral, as the Board may require.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs by

R105-03, eff. 9-24-2003)

      NAC 630A.438  Certification by reciprocity: Waiver of written examination;

interview by Board. (NRS 630A.155, 630A.200, 630A.295)

     1.  In addition to the requirements set forth

in NAC 630A.435, an applicant may obtain a

certificate as an advanced practitioner of homeopathy by reciprocity without a

written examination if the applicant submits a certificate endorsed by the

homeopathic medical examining board of any state, territory or the District of

Columbia which certified the applicant indicating that:

     (a) He or she passed an examination to obtain the

certificate;

     (b) His or her certification has never been revoked

or suspended; and

     (c) The photograph and signature appearing on the

certification are that of the applicant.

     2.  The applicant must appear at a meeting of

the Board for an interview. The Secretary-Treasurer will notify the applicant

whose application and supporting documents have been accepted by the Board of

the time and place for the interview 20 days before it is to take place.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs by

R105-03, eff. 9-24-2003)

      NAC 630A.441  Temporary, special and restricted certificates: Issuance;

purposes; revocation. (NRS 630A.155, 630A.200, 630A.295)

     1.  Except as otherwise provided in NAC 630A.415, the Board may:

     (a) Issue a temporary certificate, to be effective

not more than 6 months after issuance, to any advanced practitioner of

homeopathy who is eligible for a permanent certificate in this State and who

also is of good moral character and reputation. The purpose of the temporary

certificate is to enable an eligible advanced practitioner of homeopathy to

serve as a substitute for some other advanced practitioner of homeopathy who is

certified to practice homeopathic medicine in this State and who is absent from

his or her practice for reasons deemed sufficient by the Board. A temporary

certificate issued under the provisions of this paragraph is not renewable.

     (b) Issue a special certificate to an advanced

practitioner of homeopathy who is certified in another state to come into this

State to care for or assist in the treatment of his or her own patients in

association with a homeopathic physician licensed in this State. A special

certificate issued under the provisions of this paragraph is limited to the

care of a specific patient.

     (c) Issue a restricted certificate for a specified

period if the Board determines the applicant needs supervision or restriction.

     2.  A person who is certified pursuant to

paragraph (a), (b) or (c) of subsection 1 shall be deemed to have given his or

her consent to the revocation of the certificate at any time by the Board for

any of the grounds provided in NAC 630A.415 and 630A.560.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs by

R105-03, eff. 9-24-2003)

      NAC 630A.443  Prerequisites to issuance of temporary or special certificate;

contents of special certificate. (NRS 630A.155, 630A.200, 630A.295)

     1.  An applicant for a temporary certificate

as an advanced practitioner of homeopathy must furnish to the Board, along with

his or her application, a letter from the advanced practitioner of homeopathy

for whom the applicant is to serve as a substitute requesting the issuance of

the temporary certificate and stating the reasons for the absence from his or

her practice and the period of the absence.

     2.  An advanced practitioner of homeopathy

certified in the District of Columbia or in any state or territory of the

United States who applies to the Board for a special certificate as an advanced

practitioner of homeopathy in this State for a specified period and for

specific purposes must do so by a letter, accompanied by proof that he or she

holds a valid certificate issued to him or her by the District of Columbia,

state or territory.

     3.  The applicant for a nonrenewable

temporary or a special certificate may be required to appear before the Board

or one of its members for an oral interview before the issuance of the

certificate.

     4.  A special certificate will state on its

face the period during which it is valid and the specified purposes for the

certificate.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs by

R105-03, eff. 9-24-2003; A by R217-08, 12-17-2008)

      NAC 630A.450  Supervising homeopathic physician: Qualifications; general

duties; provision of certain information to Board. (NRS 630A.155, 630A.200)

     1.  A homeopathic physician who supervises an

advanced practitioner of homeopathy must currently practice homeopathic

medicine in the State of Nevada.

     2.  The supervising homeopathic physician

shall consult with and monitor the quality of care provided by the advanced

practitioner.

     3.  The supervising homeopathic physician

shall provide to the Board:

     (a) The current physical address and telephone

number of each location where an advanced practitioner of homeopathy whom he or

she supervises provides medical services; and

     (b) Any change in such information.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 10-25-96; A by R105-03, 9-24-2003)

      NAC 630A.460  Supervising homeopathic physician: Program to monitor quality of

care; measures to protect public safety or ensure high quality services. (NRS 630A.155, 630A.200)

     1.  A homeopathic physician who supervises an

advanced practitioner of homeopathy shall develop and implement a program to

monitor the quality of care provided by the advanced practitioner. As part of

the program, the supervising homeopathic physician shall:

     (a) Assess the competency of the advanced

practitioner to provide medical services;

     (b) Review selected medical charts of the advanced

practitioner; and

     (c) Maintain accurate records and documentation of

the program for each advanced practitioner whom the homeopathic physician

supervises.

     2.  A homeopathic physician who supervises an

advanced practitioner of homeopathy shall perform any other measure the Board

requires the supervising homeopathic physician to perform to protect the public

safety or to ensure that the advanced practitioner provides high quality

services.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 10-25-96; A by R105-03, 9-24-2003; R073-05, 9-7-2005)

      NAC 630A.470  Supervising homeopathic physician: Availability for consultation;

on-site supervision; miscellaneous duties. (NRS 630A.155, 630A.200)

     1.  Except as otherwise provided in this

subsection and subsection 2, a homeopathic physician who supervises an advanced

practitioner of homeopathy must be available to consult with the advanced

practitioner by phone or in person at all times when the advanced practitioner

provides medical services. If the supervising homeopathic physician cannot be

available, he or she shall designate an equally qualified homeopathic physician

to be available for consultation.

     2.  Except as otherwise provided in this

subsection, the Board may require a homeopathic physician who supervises an

advanced practitioner of homeopathy to provide continuous on-site supervision

of the advanced practitioner of homeopathy at all times when the advanced

practitioner provides medical services if the Board determines it is necessary

to do so. If the supervising homeopathic physician cannot provide continuous

on-site supervision, he or she shall designate an equally qualified homeopathic

physician to provide continuous on-site supervision.

 

 

     3.  The supervising homeopathic physician

shall ensure that the advanced practitioner:

     (a) Does not use a prescription which has been

signed by a physician before a patient requires the prescription; and

     (b) Is aware of all laws and regulations with which

he or she must comply, including, without limitation, the regulations of the

State Board of Pharmacy regarding prescriptions, controlled substances, and

dangerous drugs and devices.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 10-25-96; A by R105-03, 9-24-2003; R073-05, 9-7-2005)

      NAC 630A.480  Authorized activities; measures to protect public safety or

ensure high quality services. (NRS 630A.155, 630A.200, 630A.295)

     1.  An advanced practitioner of homeopathy

may perform only those acts which he or she is:

     (a) Authorized by the Board to perform pursuant to

subsection 2; and

     (b) Authorized to perform pursuant to the protocol

established pursuant to NAC 630A.490.

     2.  The Board may authorize an advanced

practitioner of homeopathy to:

     (a) Systematically assess the health of a person or

family by:

          (1) Taking, recording and interpreting a

medical history;

          (2) Performing a physical examination; and

          (3) Performing or initiating any specific

diagnostic procedure which is authorized in the protocol established pursuant

to NAC 630A.490.

     (b) Manage the care of a person who has a common,

acute, recurrent or chronic health-related problem, based on an assessment of

the health of that person by:

          (1) Initiating a program of treatment;

          (2) Evaluating the response to health-related

problems and programs of treatment;

          (3) Informing a patient or a member of the

patient’s family about the health of the patient and the alternatives for

treatment;

          (4) Evaluating the compliance of a patient

with the program of treatment that was agreed upon by the patient or the

patient’s family and the advanced practitioner;

          (5) Modifying a program of treatment based

upon the response of the patient to that treatment;

          (6) Referring a patient to an appropriate

provider of health care, if necessary;

          (7) Treating minor lacerations which do not

involve damage to a nerve, tendon or major blood vessel; and

          (8) Commencing care which is necessary to

stabilize the condition of a patient during an emergency until a physician can

be consulted or the patient can be transported to a facility where emergency

medical care is available.

     (c) Perform any other procedure related to the

practice of homeopathy if:

          (1) The advanced practitioner is certified to

perform that procedure by an organization which is recognized by the Board;

          (2) The advanced practitioner learned how to

perform the procedure in a program of education which he or she attended;

          (3) The advanced practitioner learned how to

perform the procedure during the successful completion of a comprehensive

program of instruction which included clinical experience; or

          (4) The act is within the authorized scope of

practice of an advanced practitioner of homeopathy as determined by the Board.

     3.  The Board may require an advanced

practitioner of homeopathy to perform any measure the Board determines is

necessary to protect the public safety or to ensure that the advanced

practitioner provides high quality services.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 10-25-96; A by R073-05, 9-7-2005)

 

      NAC 630A.490  Written protocol; informed consent form for patients. (NRS 630A.155, 630A.200, 630A.293, 630A.295, 630A.370)

     1.  An advanced practitioner of homeopathy

and his or her supervising homeopathic physician shall prepare and sign a

written protocol, demonstrating agreement to the terms and content of the

protocol. The protocol must include, without limitation:

     (a) A description of the scope of practice of the

advanced practitioner as authorized by the supervising homeopathic physician,

which may include, without limitation:

          (1) A statement setting forth the modalities

and services the advanced practitioner may provide; and

          (2) A statement setting forth any limitations

or restrictions imposed by the Board upon the practice of the advanced

practitioner;

     (b) A statement from the supervising homeopathic

physician that he or she has determined that the advanced practitioner is

qualified and competent to provide the services authorized in the scope of

practice; and

     (c) A list of conditions under which the advanced

practitioner agrees to refer a patient to the supervising homeopathic

physician.

     2.  If an advanced practitioner of homeopathy

intends to engage in the intrastate practice of homeopathic medicine using

electronic means, the written protocol must incorporate all the requirements

and prohibitions that apply to homeopathic physicians engaging in the

intrastate practice of homeopathic medicine using electronic means.

     3.  The protocol must:

     (a) Reflect established national or customary

standards for the practice of homeopathic medicine; and

     (b) Include a summary of all applicable provisions

of this chapter and chapter 630A of

NRS relating to the advanced practitioner of homeopathy deemed necessary by the

supervising homeopathic physician.

     4.  An advanced practitioner of homeopathy

and his or her supervising homeopathic physician shall prepare a written

informed consent form for patients. The informed consent form must:

     (a) Disclose to a patient that the advanced

practitioner of homeopathy is:

          (1) An advanced practitioner of homeopathy;

          (2) Not a licensed homeopathic physician; and

          (3) Governed by a protocol that is available

for inspection.

     (b) Include any other information the Board

determines is necessary to provide to a patient and requires to be included in

the form.

     5.  Before an advanced practitioner of

homeopathy may provide a medical service to a patient:

     (a) The informed consent form must be reviewed and

approved by the Board; and

     (b) The advanced practitioner of homeopathy must

obtain the signature of the patient on the informed consent form prepared and

approved by the Board pursuant to this section.

     6.  The supervising homeopathic physician

shall submit a copy of the protocol and the informed consent form to the Board

for approval. If the Board does not approve the protocol or the informed

consent form, it will return the protocol or the informed consent form to the

physician with an explanation for the denial. The supervising homeopathic

physician shall rewrite the protocol or the informed consent form to conform

with any suggestion of the Board and resubmit it to the Board for consideration

at the next regularly scheduled meeting of the Board.

     7.  A copy of the protocol and the informed

consent form must be maintained and be available to the Board or an authorized

representative of the Board for inspection at each location where the advanced

practitioner provides medical services.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 10-25-96; A by R043-03, 9-24-2003; R073-05, 9-7-2005; R217-08, 12-17-2008)

      NAC 630A.500  Annual review of protocol; documentation of findings; review of

records by supervising homeopathic physician and Board. (NRS 630A.155, 630A.200, 630A.293)

     1.  A homeopathic physician and an advanced

practitioner of homeopathy whom he or she supervises shall conduct and document

a review of the protocol required pursuant to NRS 630A.293 each year at the

time the certificate of the advanced practitioner is renewed.

     2.  The advanced practitioner shall maintain

accurate records documenting all pertinent historical and physical findings

concerning a patient, including, without limitation, the plan for the treatment

of a patient.

     3.  The supervising homeopathic physician

shall review a sample of the records of the findings of the advanced

practitioner at least once every 6 months to ensure that the advanced practitioner

is complying with the protocol.

     4.  The supervising homeopathic physician and

the advanced practitioner shall make any medical record available to the Board

for review. A review conducted by the Board will be in accordance with the laws

relating to the confidentiality of medical records.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 10-25-96; A by R105-03, 9-24-2003)

      NAC 630A.510  Cessation of supervision: Procedure; suspension of certificate. (NRS 630A.155, 630A.200, 630A.295)

     1.  An advanced practitioner of homeopathy

who ceases to be supervised by a homeopathic physician shall notify the Board

in writing within 10 days after his or her supervision ceases. The supervising

physician of the advanced practitioner shall also notify the Board in writing

within 10 days after the cessation of the supervision. Upon receipt of a

notice, the Board will automatically suspend the certificate of the advanced

practitioner.

     2.  An advanced practitioner whose

certificate is suspended pursuant to subsection 1 may reactivate his or her

certificate before the date on which his or her certificate is due for renewal

if:

     (a) The advanced practitioner submits to the Board

proof of supervision from his or her new supervising homeopathic physician; and

     (b) The advanced practitioner and his or her new

supervising homeopathic physician prepare and file a written protocol and

informed consent form with the Board as required pursuant to NAC 630A.490 within 30 days after the advanced

practitioner is placed under the supervision of the homeopathic physician.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 10-25-96; A by R073-05, 9-7-2005)

      NAC 630A.520  Medical competency examination: Authority of Board. (NRS 630A.155, 630A.200, 630A.295)  If the

Board has reason to believe that the conduct of any advanced practitioner of

homeopathy has raised a reasonable question as to his or her competence to

practice as an advanced practitioner of homeopathy with reasonable skill and

safety to patients, the Board may order an examination of the advanced

practitioner of homeopathy to determine his or her fitness to practice as an

advanced practitioner of homeopathy. When such action is taken, the reasons for

the action must be documented and must be available to the advanced

practitioner of homeopathy being examined.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs by

R105-03, eff. 9-24-2003)

      NAC 630A.525  Medical competency examination: Payment of costs; administration.

(NRS

630A.155, 630A.200, 630A.295)

     1.  An advanced practitioner of homeopathy

who is subject to a medical competency examination pursuant to NAC 630A.520 shall pay the costs of the examination.

     2.  The medical competency examination:

     (a) May be written or oral;

     (b) Will last no longer than 4 hours; and

     (c) Must be administered by two physicians selected

by the Board who are licensed and actively engaged in the practice of

homeopathic medicine in this State.

     3.  If the person being examined objects to

the physicians selected to administer the examination and the Board finds that

his or her objections are valid, the person may submit a list of eight names of

homeopathic physicians who are actively engaged in the practice of homeopathic

medicine in this State from which the Board may select one or two physicians to

replace one or both of the examiners previously selected.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs by

R105-03, eff. 9-24-2003)

Miscellaneous Provisions

      NAC 630A.550  Renewal of certificate: Requirements; fee; failure to comply with

requirements. (NRS

630A.155, 630A.200, 630A.295, 630A.299, 630A.330)

     1.  A certificate to practice as a

homeopathic assistant or advanced practitioner of homeopathy which is issued by

the Board must be renewed each year before January 1.

     2.  To renew a certificate, a homeopathic

assistant or advanced practitioner must:

     (a) Submit an application for renewal to the Board;

     (b) Submit proof that he or she has completed the

required annual continuing education; and

     (c) Pay to the Board:

          (1) An annual renewal fee of $200 for a

certificate to practice as a homeopathic assistant; or

          (2) An annual renewal fee of $400 for a

certificate to practice as an advanced practitioner of homeopathy.

     3.  A homeopathic assistant or advanced

practitioner of homeopathy who fails to submit proof to the Board, before

January 1, that he or she has completed the required annual continuing

education may not renew his or her certificate until:

     (a) The homeopathic assistant or advanced

practitioner of homeopathy submits proof that he or she has completed the

continuing education;

     (b) The Board determines that he or she is

otherwise qualified to practice as a homeopathic assistant or advanced

practitioner of homeopathy; and

     (c) He or she pays to the Board a renewal fee which

is equivalent to two times the fee set forth in subsection 2.

     4.  The Board may revoke the certificate of a

homeopathic assistant or advanced practitioner who does not pay the renewal fee

before January 1. A homeopathic assistant or advanced practitioner whose

certificate is revoked for this reason may request, within 2 years after

revocation, that the Board restore his or her certificate.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 10-25-96; A by R137-97, 1-22-98; R105-03, 9-24-2003; R085-08, 12-17-2008)

Disciplinary Action

      NAC 630A.560  Grounds for initiating disciplinary action or denying

certification. (NRS 630A.155, 630A.200, 630A.295, 630A.299)  The Board

may initiate disciplinary action against a homeopathic assistant or an advanced

practitioner of homeopathy or may deny the issuance or renewal of a certificate

if the Board finds after providing notice and a hearing that the homeopathic

assistant or advanced practitioner of homeopathy:

     1.  Willfully and intentionally made a false

or fraudulent statement or submitted a forged or false document to the Board;

     2.  Represented to another that the

homeopathic assistant or advanced practitioner of homeopathy was a licensed

physician or knowingly permitted another person to represent him or her as

such;

     3.  Performed medical services which were not

directed or supervised by a homeopathic physician as required by NAC 630A.350 and 630A.470;

     4.  Provided medical services when he or she

did not have the ability to provide such services with reasonable skill and

safety because:

     (a) He or she was under the influence of alcohol or

a controlled substance; or

     (b) He or she had a mental or physical illness;

     5.  Provided medical services in a negligent

manner;

     6.  Failed to obey an order of the Board or

an investigative committee of the Board, a law or a regulation which relates to

the provision of health care or dispensing of drugs, including, without

limitation, a regulation of the Board or the State Board of Health;

     7.  Administered, dispensed or possessed a

controlled substance, except as authorized by law in the course of providing

medical services;

     8.  Is not competent to provide the services

required of a homeopathic assistant or advanced practitioner of homeopathy;

     9.  Has been convicted of a felony or any

offense involving moral turpitude;

     10.  Falsified records of health care or

insurance;

     11.  Falsified medical records of a patient,

including, without limitation, altering records to indicate the presence of the

homeopathic assistant or advanced practitioner of homeopathy at a time when the

homeopathic assistant or advanced practitioner of homeopathy was not in

attendance or to indicate that procedures were performed on the patient by the

homeopathic assistant or advanced practitioner of homeopathy that were in fact

not performed by him or her;

     12.  Acquired any controlled substance from a

pharmacy or other source by misrepresentation, fraud, deception or subterfuge;

     13.  Allowed any person who is unlicensed and

uncertified to treat a patient by means of homeopathy;

     14.  Failed to honor the advance directive of

a patient without informing the patient, the surrogate or the guardian of the

patient, and without documenting in the records of the patient the reasons for

failing to honor the advance directive of the patient contained therein;

     15.  Entered into a multilevel marketing

agreement with a patient or an immediate family member of the patient;

     16.  Failed to report timely to the Board any

judgment or settlement required to be reported pursuant to NAC 630A.136; or

     17.  Has had disciplinary action taken

against him or her in another jurisdiction or by another board that regulates

health care in this State if the disciplinary action was taken against the

homeopathic assistant or advanced practitioner of homeopathy in his or her

capacity as the holder of a license or certificate which authorizes him or her

to provide medical services.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff. 10-25-96; A by R058-00, 12-11-2000; R105-03, 9-24-2003; R217-08, 12-17-2008)

      NAC 630A.570  Procedure for disciplinary action: Written complaint;

investigation. (NRS 630A.155, 630A.200, 630A.210)

     1.  If the Board, a member of the Board or

any other person who is aware of any act or circumstance that constitutes

grounds for disciplinary action against a homeopathic assistant or an advanced

practitioner of homeopathy desires to initiate disciplinary action against a

homeopathic assistant or advanced practitioner of homeopathy, the Board, member

of the Board or other person must file with the Board a written complaint

specifying the charge against the homeopathic assistant or advanced

practitioner of homeopathy.

     2.  Unless the Board determines that the

complaint is without merit, in response to a complaint filed against a homeopathic

assistant or advanced practitioner of homeopathy or on its own initiative, the

Board will assign an investigative committee to determine whether a charge

against a homeopathic assistant or advanced practitioner of homeopathy

justifies disciplinary action. The investigative committee will be composed of

not less than three members of the Board, at least one of whom is a licensed

homeopathic physician.

     3.  Following an investigation, the

investigative committee will present its evaluation and recommendations to the

Board. The Board will review the findings of the committee to determine whether

to take further action.

     4.  If the Board determines after

investigation that a homeopathic assistant or advanced practitioner of

homeopathy has violated any of the provisions of this chapter, the Board will

notify the Attorney General of its findings and any disciplinary action taken.

     5.  A member of the Board who participates in

an investigation will not participate in the review conducted pursuant to subsection

3 or in a subsequent hearing or action which is related to the investigation.

     6.  Before assigning the complaint to an

investigative committee pursuant to subsection 2, the Board must provide the

supervising physician and homeopathic assistant or advanced practitioner of

homeopathy, as applicable, with a copy of the complaint. If the Board

determines that a complaint is without merit, the Board may provide the

supervising physician and homeopathic assistant or advanced practitioner of

homeopathy, as applicable, with a copy of the complaint, including the name of

the person who filed the complaint.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff 10-25-96; A by R058-00, 12-11-2000)

      NAC 630A.580  Procedure for disciplinary action: Hearing; notice. (NRS 630A.155, 630A.200, 630A.210)

     1.  If the Board proceeds with disciplinary

action against a homeopathic assistant or advanced practitioner of homeopathy,

it will set a time and place for a disciplinary hearing. The Board will notify

the homeopathic assistant or advanced practitioner and his or her supervising

homeopathic physician of:

     (a) The specific complaint against the homeopathic

assistant or advanced practitioner;

     (b) The time and place set for the disciplinary

hearing; and

     (c) The sanctions which the Board may impose for

the conduct in which the homeopathic assistant or advanced practitioner of

homeopathy allegedly engaged.

     2.  The Board will serve the notice required

by subsection 1 not less than 20 days before the date set for the disciplinary

hearing, and will serve notice in the manner set forth in NAC 630A.590.

     3.  During a disciplinary hearing conducted

pursuant to this section:

     (a) Formal rules of evidence will not be applied;

     (b) Proof of actual injury need not be established;

and

     (c) The Board will consider a certified copy of the

record of a court or a certifying agency showing a conviction or plea of nolo

contendere or the suspension, revocation, limitation, modification, denial or

surrender of a certificate to practice as a homeopathic assistant or advanced

practitioner of homeopathy as conclusive evidence of its occurrence.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff 10-25-96; A by R105-03, 9-24-2003)

      NAC 630A.590  Requirements for service of notice. (NRS 630A.155, 630A.200, 630A.210)

     1.  The Board will cause the notice required

by NAC 630A.580 to be made either in person or by

registered or certified mail, return receipt requested, and addressed to the

homeopathic assistant or advanced practitioner of homeopathy and his or her

supervising homeopathic physician at the last known address of each person. If

service cannot be made in person and if notice by mail is returned undelivered,

the Secretary-Treasurer of the Board will publish notice once a week for 4

consecutive weeks in a newspaper published in the county of the last known

address of the person, or, if no newspaper is published in the county, in a

newspaper widely distributed in that county.

     2.  Proof of service of process or

publication of notice made pursuant to this section will be recorded in the

minutes of the Board.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff 10-25-96)

      NAC 630A.600  Mental or physical examination: Circumstances requiring

examination; certification to practice deemed consent to examination; refusal

of examination deemed admission of charge. (NRS 630A.155, 630A.200, 630A.295, 630A.299)

     1.  If the Board determines that the conduct

of a homeopathic assistant or advanced practitioner of homeopathy raises a

reasonable question as to his or her competence to treat a patient with

reasonable skill and safety, it will order him or her to undergo a mental or

physical examination to test his or her competence and ability to practice as a

homeopathic assistant or advanced practitioner.

     2.  A person who is certified by the Board to

practice as a homeopathic assistant or advanced practitioner shall be deemed to

have consented to a mental or physical examination.

     3.  A homeopathic assistant or advanced

practitioner who refuses to undergo a mental or physical examination shall be

deemed to have admitted the charge made against him or her, and the Board will

take disciplinary action against such a person without further investigation or

testimony.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff 10-25-96)

      NAC 630A.610  Forms of disciplinary action; decision of Board final; action to

prevent unlawful or unauthorized conduct. (NRS 630A.155, 630A.200, 630A.295, 630A.299)

     1.  If the Board determines that a

homeopathic assistant or advanced practitioner of homeopathy has engaged in an

activity for which disciplinary action is authorized pursuant to NAC 630A.560, the Board will issue an order:

     (a) Placing the homeopathic assistant or advanced

practitioner of homeopathy on probation for a specified period of time,

according to any conditions set forth in the order;

     (b) Publicly reprimanding him or her;

     (c) Placing a limitation on his or her certificate;

     (d) Suspending his or her certificate for a

specified period of time or until the Board orders his or her certificate to be

reinstated; or

     (e) Revoking his or her certificate.

     2.  If the Board determines that a

homeopathic assistant or advanced practitioner of homeopathy has engaged in an

activity for which disciplinary action is authorized pursuant to NAC 630A.130, the Board may issue an order imposing

an administrative fine in accordance with NAC 630A.130.

If the Board determines that a homeopathic assistant or advanced practitioner

of homeopathy has engaged in an activity for which disciplinary action is

required pursuant to NAC 630A.130, the Board will

issue an order imposing an administrative fine or suspending the certificate of

the homeopathic assistant or advanced practitioner of homeopathy in accordance

with NAC 630A.130.

     3.  An order of the Board which limits the

ability of a homeopathic assistant or advanced practitioner of homeopathy to

provide medical services or revokes his or her certificate is effective from

the date the Secretary-Treasurer of the Board certifies the order until the

date the order is modified or reversed.

     4.  For the purposes of NRS 233B.130, a decision of the

Board pursuant to this section is a final decision.

     5.  In addition to any other action, if the

Board determines that a homeopathic assistant or advanced practitioner of

homeopathy is engaging in unlawful or unauthorized conduct, the Board will take

any appropriate action authorized by law to prevent such conduct.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff 10-25-96; A by R105-03, 9-24-2003)

      NAC 630A.620  Requirements for removal of limitation on or restoration of

certificate. (NRS

630A.155, 630A.200, 630A.295, 630A.299)

     1.  A homeopathic assistant or advanced

practitioner of homeopathy whose certificate to practice as a homeopathic

assistant or advanced practitioner has been limited, suspended or revoked

pursuant to NAC 630A.130 or 630A.610 may apply to the Board to remove the

limitation or restore his or her certificate.

     2.  The applicant has the burden of proving

by clear and convincing evidence that he or she has complied with all of the

terms and conditions set forth in the final order of the Board and that he or she

is capable of practicing as a homeopathic assistant or advanced practitioner

with reasonable skill and safety to patients. The Board will not remove a

limitation or restore a certificate until it is satisfied that the applicant

has met this burden of proof.

     3.  In addition to the requirements of

subsection 2, a homeopathic assistant or advanced practitioner whose

certificate has been suspended pursuant to NAC

630A.130 or revoked must submit an application to the Board pursuant to NAC 630A.300 or 630A.400,

respectively, and successfully complete the examination required of new

applicants.

     (Added to NAC by Bd. of Homeopathic Medical Exam’rs,

eff 10-25-96; A by R105-03, 9-24-2003)
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