[Rev. 11/21/2013 12:45:28
PM--2013]
CHAPTER 630A - HOMEOPATHIC MEDICINE
GENERAL PROVISIONS
NRS 630A.010 Definitions.
NRS 630A.015 “Advanced
practitioner of homeopathy” defined.
NRS 630A.020 “Board”
defined.
NRS 630A.030 “Gross
malpractice” defined.
NRS 630A.035 “Homeopathic
assistant” defined.
NRS 630A.040 “Homeopathic
medicine” and “homeopathy” defined.
NRS 630A.050 “Homeopathic
physician” defined.
NRS 630A.060 “Malpractice”
defined.
NRS 630A.070 “Professional
incompetence” defined.
NRS 630A.075 “Supervising
homeopathic physician” defined.
NRS 630A.080 License
or certificate as revocable privilege.
NRS 630A.090 Applicability.
BOARD OF HOMEOPATHIC MEDICAL EXAMINERS
NRS 630A.100 Number,
appointment and terms of members.
NRS 630A.110 Qualifications
of members.
NRS 630A.120 Expiration
of term; removal of member; replacement of removed member.
NRS 630A.130 Oaths
of office.
NRS 630A.135 Acknowledgment
of statutory ethical standards.
NRS 630A.140 Officers.
NRS 630A.150 Meetings;
quorum.
NRS 630A.155 Duties.
NRS 630A.160 Compensation
of members and employees; deposit of money received by Board; delegation of
authority concerning disciplinary action; deposit of fines; claim for
attorney’s fees or cost of investigation.
NRS 630A.170 Seal.
NRS 630A.175 Unauthorized
use of seal or designation of Board or license or certificate issued by Board.
NRS 630A.180 Fiscal
year.
NRS 630A.190 Offices
and employees.
NRS 630A.200 Regulations.
NRS 630A.210 Hearings:
Subpoenas; production of other evidence.
LICENSING AND CERTIFICATION
NRS 630A.220 Unlawful
acts concerning practice of homeopathic medicine; limitation on use of
designation of degree.
NRS 630A.225 Effect
of revocation of license or certificate in another jurisdiction for gross
medical negligence.
NRS 630A.230 Qualifications
of applicant for license to practice homeopathic medicine.
NRS 630A.240 Application:
Proof of qualifications; rejection.
NRS 630A.241 Application;
submission of fingerprints.
NRS 630A.246 Payment
of child support: Submission of certain information by applicant; grounds for
denial of license or certificate; duty of Board. [Effective until the date of
the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
NRS 630A.246 Payment
of child support: Submission of certain information by applicant; grounds for
denial of license or certificate; duty of Board. [Effective on the date of the
repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings and
expires by limitation 2 years after that date.]
NRS 630A.250 Oral
examination.
NRS 630A.260 Reexamination.
NRS 630A.270 Applicant
who is graduate of foreign medical school: Proof of qualification; examination.
NRS 630A.280 Reciprocity.
NRS 630A.290 Denial
of license or certificate; notification; appeal; records of issuance and denial
of licenses or certificates.
NRS 630A.293 Advanced
practitioners of homeopathy: Certification; qualifications; authority.
NRS 630A.295 Advanced
practitioners of homeopathy: Regulations of Board.
NRS 630A.297 Homeopathic
assistant: Certification; authorized services; supervising homeopathic
physician.
NRS 630A.299 Homeopathic
assistant: Regulations of Board.
NRS 630A.310 Temporary,
special and restricted licenses: Purposes; issuance; revocation.
NRS 630A.320 Limited
license for resident homeopathic physician in postgraduate program of clinical
training.
NRS 630A.325 Renewal:
Requirements; suspension for failure to pay fee or submit certain information;
notice to Federal Government.
NRS 630A.330 Fees.
DISCIPLINARY ACTION
Preliminary Proceedings
NRS 630A.340 Grounds
for initiating disciplinary action or denying licensure: Unprofessional
conduct; criminal offenses; suspension or other modification of license or
certificate in another jurisdiction; surrender of license or certificate while
under investigation; gross or repeated malpractice; professional incompetence.
NRS 630A.350 Grounds
for initiating disciplinary action or denying licensure: False application for
license or certificate; misrepresenting disease or injury for personal gain;
false advertising; practicing under another name; signing blank prescription
form; influencing patient to engage in sexual activity; discouraging second
opinion; terminating care without adequate notice.
NRS 630A.360 Grounds
for initiating disciplinary action or denying licensure: Accepting compensation
to influence evaluation or treatment; inappropriate division of fees; charging
for services not rendered; aiding practice by unlicensed person; advertising
services of unlicensed person; delegating responsibility to unqualified person;
failing to disclose conflict of interest.
NRS 630A.370 Grounds
for initiating disciplinary action or denying licensure: Inability to practice;
deceptive conduct; harmful medical practices; unlawful administration of
controlled substance; unlawful abortion; practicing beyond scope of license or
certificate; practicing experimental medicine without consent of patient;
failure to exercise skill or diligence; certain operation of medical facility.
NRS 630A.380 Grounds
for initiating disciplinary action or denying licensure: Willful disclosure of
privileged communication; willful failure to comply with statute or regulation
governing practice.
NRS 630A.390 Filing
of complaint; reporting of disciplinary action and findings; retention of
complaints.
NRS 630A.400 Review
of complaint; composition of committee; investigation; Board authorized to
retain Attorney General; Board authorized to transmit certain complaints and
other information to Attorney General; Board review of committee’s findings.
NRS 630A.410 Investigation
of complaint by Attorney General; determination of Board concerning further
action; Attorney General authorized to charge Board for services.
NRS 630A.420 Mental
or physical examination; examination of competence to practice.
NRS 630A.430 Examination
to determine medical competence.
NRS 630A.440 Limitation
of time for completion of examination if Board issues order for summary
suspension of license.
NRS 630A.450 Stay
by court of order of summary suspension prohibited.
NRS 630A.460 Injunctive
relief.
Disciplinary Proceedings
NRS 630A.480 Commencement
of disciplinary proceedings required for certain violations of Industrial
Insurance Act.
NRS 630A.490 Service
of process.
NRS 630A.500 Requirements
for proof.
NRS 630A.510 Final
order of Board; disciplinary actions available to Board; private reprimands
prohibited; orders imposing discipline deemed public records.
NRS 630A.520 Judicial
review of Board’s final order; stay of order pending final determination
prohibited.
NRS 630A.530 Reinstatement
of license or certificate.
Miscellaneous Provisions
NRS 630A.540 Immunity
from civil liability; Board prohibited from taking certain action.
NRS 630A.543 Suspension
of license or certificate for failure to pay child support or comply with
certain subpoenas or warrants; reinstatement of license or certificate.
[Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.]
NRS 630A.545 Procedural
requirements same for disciplinary action taken by hearing officer or panel;
decision of hearing officer or panel relating to administrative fine is final
decision in contested case.
NRS 630A.550 Disciplinary
action does not preclude limitation or termination of privileges of licensee or
holder of certificate or criminal prosecution; immunity from civil liability.
NRS 630A.555 Confidentiality
of certain records of Board; exceptions.
UNLAWFUL ACTS; PENALTIES
NRS 630A.557 Inspection
of premises by Board.
NRS 630A.560 Prosecution
of violators; employment of investigators.
NRS 630A.570 Injunctive
relief against person practicing without license or certificate.
NRS 630A.580 Sufficiency
of allegations of complaint seeking injunctive relief.
NRS 630A.590 Penalty
for certain violations.
NRS 630A.600 Penalty
for practicing without license or certificate.
_________
GENERAL PROVISIONS
NRS 630A.010 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 630A.015 to 630A.075, inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1983, 1478)
NRS 630A.015 “Advanced practitioner of homeopathy” defined. “Advanced practitioner of homeopathy” means a
person who has:
1. Complied with all of the requirements
set forth in this chapter and the regulations adopted by the Board for advanced
practitioners of homeopathy; and
2. Received from the Board a certificate
as an advanced practitioner of homeopathy.
(Added to NRS by 1995, 2796)
NRS 630A.020 “Board” defined. “Board”
means the Board of Homeopathic Medical Examiners.
(Added to NRS by 1983, 1478)
NRS 630A.030 “Gross malpractice” defined. “Gross
malpractice” means malpractice where the failure to exercise the requisite
degree of care, diligence or skill consists of:
1. Ministering to a patient while the
homeopathic physician, advanced practitioner of homeopathy or homeopathic
assistant is under the influence of alcohol or any controlled substance.
2. Gross negligence.
3. Willful disregard of homeopathic
medical procedures.
4. Willful and consistent use of
homeopathic medical procedures, services or treatment considered by homeopathic
physicians in the community to be inappropriate or unnecessary in the cases
where used.
(Added to NRS by 1983, 1478; A 1987, 1555; 2013, 583)
NRS 630A.035 “Homeopathic assistant” defined. “Homeopathic
assistant” means a person who is a graduate of an academic program approved by
the Board or who, by general education, practical training and experience
determined to be satisfactory by the Board, is qualified to perform homeopathic
services under the supervision of a supervising homeopathic physician and who
has been issued a certificate as a homeopathic assistant by the Board.
(Added to NRS by 1995, 2796)
NRS 630A.040 “Homeopathic medicine” and “homeopathy” defined. “Homeopathic medicine” or “homeopathy” means a
system of medicine employing substances of animal, vegetable, chemical or
mineral origin, including:
1. Nosodes and sarcodes, which are:
(a) Given in micro-dosage, except that sarcodes
may be given in macro-dosage;
(b) Prepared according to homeopathic
pharmacology by which the formulation of homeopathic preparations is
accomplished by the methods of Hahnemannian dilution and succussion or magnetically
energized geometric patterns applicable in potencies above 30X, as defined in
the official Homeopathic Pharmacopoeia of the United States; and
(c) Prescribed by homeopathic physicians or
advanced practitioners of homeopathy according to the medicines and dosages in
the Homeopathic Pharmacopoeia of the United States,
Ê in
accordance with the principle that a substance which produces symptoms in a
healthy person can eliminate those symptoms in an ill person.
2. Noninvasive electrodiagnosis, cell therapy,
neural therapy, herbal therapy, neuromuscular integration, orthomolecular
therapy and nutrition.
(Added to NRS by 1983, 1479; A 1987, 2056; 1995, 2798; 1997, 1417)
NRS 630A.050 “Homeopathic physician” defined. “Homeopathic
physician” means a person who has:
1. Complied with all of the requirements
set forth in this chapter and the regulations adopted by the Board for the
practice of homeopathic medicine; and
2. Received from the Board a license to
practice homeopathic medicine.
(Added to NRS by 1983, 1479; A 1985, 309; 1987, 2056)
NRS 630A.060 “Malpractice” defined. “Malpractice”
means failure on the part of a homeopathic physician, advanced practitioner of
homeopathy or homeopathic assistant to exercise the degree of care, diligence
and skill ordinarily exercised by homeopathic physicians, advanced
practitioners of homeopathy or homeopathic assistants, respectively, in good
standing in the community in which he or she practices. As used in this
section, “community” embraces the entire area customarily served by homeopathic
physicians, advanced practitioners of homeopathy and homeopathic assistants
among whom a patient may reasonably choose, not merely the particular area
inhabited by the patients of that individual homeopathic physician, advanced
practitioner of homeopathy or homeopathic assistant or the particular city or
place where the homeopathic physician, advanced practitioner of homeopathy or
homeopathic assistant has an office.
(Added to NRS by 1983, 1479; A 2013, 583)
NRS 630A.070 “Professional incompetence” defined. “Professional
incompetence” means lack of ability safely and skillfully to practice
homeopathic medicine or one or more specified branches of homeopathic medicine
as a homeopathic physician, or to practice as an advanced practitioner of
homeopathy or as a homeopathic assistant, as applicable, arising from:
1. Lack of knowledge or training.
2. Impaired physical or mental capability
of the homeopathic physician, advanced practitioner of homeopathy or
homeopathic assistant.
3. Indulgence in the use of alcohol or any
controlled substance.
4. Any other sole or contributing cause.
(Added to NRS by 1983, 1479; A 2013, 584)
NRS 630A.075 “Supervising homeopathic physician” defined. “Supervising homeopathic physician” means an
active homeopathic physician licensed in the State of Nevada who employs and
supervises a homeopathic assistant or an advanced practitioner of homeopathy.
(Added to NRS by 1995, 2796)
NRS 630A.080 License or certificate as revocable privilege. The purpose of licensing homeopathic
physicians and certifying advanced practitioners of homeopathy and homeopathic
assistants is to protect the public health and safety and the general welfare
of the people of this State. Any license or certificate issued pursuant to this
chapter is a revocable privilege and no holder of such a license or certificate
acquires thereby any vested right.
(Added to NRS by 1983, 1479; A 2013, 584)
NRS 630A.090 Applicability.
1. This chapter does not apply to:
(a) The practice of dentistry, chiropractic,
Oriental medicine, podiatry, optometry, perfusion, respiratory care, faith or
Christian Science healing, nursing, veterinary medicine or fitting hearing
aids.
(b) A medical officer of the Armed Forces or a
medical officer of any division or department of the United States in the
discharge of his or her official duties, including, without limitation,
providing medical care in a hospital in accordance with an agreement entered
into pursuant to NRS 449.2455.
(c) Licensed or certified nurses in the discharge
of their duties as nurses.
(d) Homeopathic physicians who are called into
this State, other than on a regular basis, for consultation or assistance to
any physician licensed in this State, and who are legally qualified to practice
in the state or country where they reside.
2. This chapter does not repeal or affect
any statute of Nevada regulating or affecting any other healing art.
3. This chapter does not prohibit:
(a) Gratuitous services of a person in case of
emergency.
(b) The domestic administration of family
remedies.
4. This chapter does not authorize a
homeopathic physician to practice medicine, including allopathic medicine,
except as otherwise provided in NRS 630A.040.
(Added to NRS by 1983, 1480; A 1985, 1033; 1987, 2057; 1991, 1126; 1995, 1792; 1997, 1418; 2005, 2526; 2007, 1792; 2009, 820, 2974)
BOARD OF HOMEOPATHIC MEDICAL EXAMINERS
NRS 630A.100 Number, appointment and terms of members. The Board of Homeopathic Medical Examiners
consists of seven members appointed by the Governor. After the initial terms,
the term of office of each member is 4 years.
(Added to NRS by 1983, 1480; A 1985, 12, 1034)
NRS 630A.110 Qualifications of members.
1. Three members of the Board must be
persons who are licensed to practice allopathic or osteopathic medicine in any
state or country, the District of Columbia or a territory or possession of the
United States, have been engaged in the practice of homeopathic medicine in
this State for a period of more than 2 years preceding their respective
appointments, are actually engaged in the practice of homeopathic medicine in
this State and are residents of this State.
2. One member of the Board must be a
person who has resided in this State for at least 3 years and who represents
the interests of persons or agencies that regularly provide health care to
patients who are indigent, uninsured or unable to afford health care. This
member may be licensed under the provisions of this chapter.
3. The remaining three members of the
Board must be persons who:
(a) Are not licensed in any state to practice any
healing art;
(b) Are not the spouse or the parent or child, by
blood, marriage or adoption, of a person licensed in any state to practice any
healing art;
(c) Are not actively engaged in the
administration of any medical facility or facility for the dependent as defined
in chapter 449 of NRS;
(d) Do not have a pecuniary interest in any
matter pertaining to such a facility, except as a patient or potential patient;
and
(e) Have resided in this State for at least 3
years.
4. The members of the Board must be
selected without regard to their individual political beliefs.
5. As used in this section, “healing art”
means any system, treatment, operation, diagnosis, prescription or practice for
the ascertainment, cure, relief, palliation, adjustment or correction of any
human disease, ailment, deformity, injury, or unhealthy or abnormal physical or
mental condition for the practice of which long periods of specialized
education and training and a degree of specialized knowledge of an intellectual
as well as physical nature are required.
(Added to NRS by 1983, 1480; A 1985, 1034, 1766; 1987, 2057; 2003, 1190; 2013, 584)
NRS 630A.120 Expiration of term; removal of member; replacement of removed
member.
1. Upon expiration of his or her term of
office, a member shall continue to serve until a person qualified under this
chapter is appointed as a successor.
2. A member of the Board may be removed by
the Governor for good cause. The Governor shall appoint a person qualified
under this chapter to replace a removed member for the remainder of the
unexpired term.
(Added to NRS by 1983, 1481; A 1985, 1034; 1987, 2058)
NRS 630A.130 Oaths of office. Before
entering upon the duties of office, each member of the Board shall take:
1. The constitutional oath or affirmation
of office; and
2. An oath or affirmation that the member
is legally qualified to serve on the Board.
(Added to NRS by 1983, 1481; A 1987, 2058)
NRS 630A.135 Acknowledgment of statutory ethical standards.
1. Each member of the Board shall comply
with the provisions of NRS 281A.500.
2. Each member of the Board shall provide
a copy of the acknowledgment filed pursuant to NRS 281A.500 to the Secretary-Treasurer
of the Board, and the Secretary-Treasurer shall retain an acknowledgment
provided pursuant to this section for 6 years after the date on which the
acknowledgment was provided to the Secretary-Treasurer.
(Added to NRS by 2009, 1017)
NRS 630A.140 Officers.
1. The Board shall elect from its members
a President, a Vice President and a Secretary-Treasurer. The officers of the
Board hold their respective offices during its pleasure.
2. The Board shall receive through its
Secretary-Treasurer applications for the licenses and certificates issued under
this chapter.
3. The Secretary-Treasurer is entitled to
receive a salary, in addition to the salary paid pursuant to NRS 630A.160, the amount of which must be determined
by the Board.
(Added to NRS by 1983, 1481; A 1987, 2058; 2013, 585)
NRS 630A.150 Meetings; quorum.
1. The Board shall meet at least twice
annually and may meet at other times on the call of the President or a majority
of its members.
2. A majority of the Board constitutes a
quorum to transact all business.
(Added to NRS by 1983, 1481)
NRS 630A.155 Duties. The Board
shall:
1. Regulate the practice of homeopathic
medicine in this State and any activities that are within the scope of such
practice, to protect the public health and safety and the general welfare of
the people of this State.
2. Determine the qualifications of, and
examine, applicants for licensure or certification pursuant to this chapter,
and specify by regulation the methods to be used to check the background of
such applicants.
3. License or certify those applicants it
finds to be qualified.
4. Investigate and, if required, hear and
decide in a manner consistent with the provisions of chapter 622A of NRS all complaints made
against any homeopathic physician, advanced practitioner of homeopathy,
homeopathic assistant or any agent or employee of any of them, or any facility
where the primary practice is homeopathic medicine. If a complaint concerns a
practice which is within the jurisdiction of another licensing board or any
other possible violation of state law, the Board shall refer the complaint to
the other licensing board.
5. Unless the Board determines that
extenuating circumstances exist, forward to the appropriate law enforcement
agency any substantiated information submitted to the Board concerning a person
who practices or offers to practice homeopathic medicine without the
appropriate license or certificate issued pursuant to the provisions of this
chapter.
(Added to NRS by 1997, 1417; A 2005, 759, 2526; 2007, 1793; 2013, 1632,
2217)
NRS 630A.160 Compensation of members and employees; deposit of money received
by Board; delegation of authority concerning disciplinary action; deposit of
fines; claim for attorney’s fees or cost of investigation.
1. Out of the money coming into the possession
of the Board, each member of the Board is entitled to receive:
(a) A salary of not more than $150 per day, as
fixed by the Board, while engaged in the business of the Board; and
(b) A per diem allowance and travel expenses at a
rate fixed by the Board, while engaged in the business of the Board. The rate
must not exceed the rate provided for state officers and employees generally.
2. While engaged in the business of the
Board, each employee of the Board is entitled to receive a per diem allowance and
travel expenses at a rate fixed by the Board. The rate must not exceed the rate
provided for state officers and employees generally.
3. Expenses of the Board and the expenses
and salaries of the members and employees of the Board must be paid from the
fees received by the Board pursuant to the provisions of this chapter. Except
as otherwise provided in subsection 6, no part of the salaries or expenses of
the members of the Board may be paid out of the State General Fund.
4. All money received by the Board must be
deposited in financial institutions in this State that are federally insured or
insured by a private insurer approved pursuant to NRS 678.755.
5. In a manner consistent with the
provisions of chapter 622A of NRS, the
Board may delegate to a hearing officer or panel its authority to take any
disciplinary action pursuant to this chapter, impose and collect administrative
fines, court costs and attorney’s fees therefor and deposit the money therefrom
in financial institutions in this State that are federally insured or insured
by a private insurer approved pursuant to NRS
678.755.
6. If a hearing officer or panel is not
authorized to take disciplinary action pursuant to subsection 5, the Board
shall deposit the money collected from the imposition of administrative fines,
court costs and attorney’s fees with the State Treasurer for credit to the
State General Fund. The Board may present a claim to the State Board of
Examiners for recommendation to the Interim Finance Committee if money is
needed to pay attorney’s fees or the costs of an investigation, or both.
(Added to NRS by 1983, 1481; A 1987, 2058; 1989, 1696; 1995, 2798; 1999, 1530; 2005, 760; 2007, 2944)
NRS 630A.170 Seal.
1. The Board shall procure a seal.
2. All licenses and certificates issued by
the Board must bear the seal of the Board and the signatures of its President
and Secretary-Treasurer.
(Added to NRS by 1983, 1481; A 1995, 2799; 1997, 675, 1622)
NRS 630A.175 Unauthorized use of seal or designation of Board or license or
certificate issued by Board. A
person shall not use the seal, the designation of the Board or any license or
certificate issued by the Board or any imitation thereof in any way not
authorized by this chapter or the regulations of the Board.
(Added to NRS by 1995, 2798)
NRS 630A.180 Fiscal year. The
Board shall operate on the basis of a fiscal year commencing on July 1 and
terminating on June 30.
(Added to NRS by 1983, 1481)
NRS 630A.190 Offices and employees. The
Board may:
1. Maintain offices in as many localities in
the State as it finds necessary to carry out the provisions of this chapter.
2. Employ attorneys, investigators,
hearing officers, experts, administrators, consultants and clerical personnel
necessary to the discharge of its duties.
(Added to NRS by 1983, 1481; A 1987, 2058)
NRS 630A.200 Regulations. The
Board may adopt such regulations as are necessary or desirable to enable it to
carry out the provisions of this chapter.
(Added to NRS by 1983, 1481)
NRS 630A.210 Hearings: Subpoenas; production of other evidence.
1. In a manner consistent with the
provisions of chapter 622A of NRS, the
Board may hold hearings and conduct investigations relating to its duties under
this chapter and take evidence on any matter under inquiry before the Board.
The Secretary-Treasurer of the Board or, in the Secretary-Treasurer’s absence,
any member of the Board may administer oaths to any witness appearing before
the Board. The Secretary-Treasurer or President of the Board may issue
subpoenas to compel the attendance of witnesses and the production of books,
medical records, X-ray photographs and other papers. The Secretary-Treasurer,
President or other officer of the Board shall sign the subpoena on behalf of
the Board.
2. If any person fails to comply with a
subpoena issued by the Board, the Secretary-Treasurer or President of the Board
may petition the district court for an order of the court compelling compliance
with the subpoena.
3. Upon such a petition, the court shall
enter an order directing the person subpoenaed to appear before the court at a
time and place to be fixed by the court in its order, the time to be not more
than 10 days from the date of the order, and then and there show cause why he
or she has not complied with the subpoena. A certified copy of the order must
be served upon that person.
4. If it appears to the court that the
subpoena was regularly issued by the Board, the court shall enter an order
compelling compliance with the subpoena, and upon failure to obey the order the
person must be dealt with as for contempt of court.
(Added to NRS by 1983, 1481; A 1987, 2059; 2005, 760)
LICENSING AND CERTIFICATION
NRS 630A.220 Unlawful acts concerning practice of homeopathic medicine;
limitation on use of designation of degree.
1. It is unlawful for any person:
(a) To practice homeopathic medicine;
(b) To hold himself or herself out as qualified
to practice homeopathic medicine; or
(c) To use in connection with his or her name the
words or letters “H.M.D.” or any other title, word, letter or other designation
intended to imply or designate the person as a practitioner of homeopathic
medicine,
Ê in this
State without first obtaining a license so to do as provided in this chapter.
2. A physician licensed pursuant to this
chapter who holds a degree such as doctor of medicine or doctor of osteopathy
may identify himself or herself by that degree or its appropriate abbreviation,
but unless the physician is also licensed pursuant to chapter 630 or 633
of NRS must further identify himself or herself by the words “practitioner of
homeopathic medicine” or their equivalent.
(Added to NRS by 1983, 1482; A 1985, 309, 1035)
NRS 630A.225 Effect of revocation of license or certificate in another
jurisdiction for gross medical negligence.
1. The Board shall not issue a license to
practice homeopathic medicine or a certificate to practice as an advanced
practitioner of homeopathy or as a homeopathic assistant to an applicant who
has been licensed or certified to practice any type of medicine in another
jurisdiction and whose license or certificate was revoked for gross medical
negligence by that jurisdiction.
2. The Board may revoke the license or
certificate of any person who has been licensed or certified to practice any
type of medicine in another jurisdiction and whose license or certificate was
revoked for gross medical negligence by that jurisdiction.
3. The revocation of a license or
certificate to practice any type of medicine in another jurisdiction on grounds
other than grounds which would constitute gross medical negligence constitutes
grounds for initiating disciplinary action or denying the issuance of a license
or certificate.
4. If a license or certificate to practice
any type of medicine issued to an applicant in another jurisdiction has been
revoked or surrendered, the applicant must provide proof satisfactory to the
Board that the applicant is rehabilitated with respect to the conduct that was the
basis for the revocation or surrender of the license or certificate when
submitting an application for a license or certificate to the Board.
5. The Board shall vacate an order to deny
a license or certificate if the denial is based on a conviction of:
(a) A felony for a violation or offense described
in paragraph (a), (b) or (d) of subsection 2 of NRS
630A.340; or
(b) An offense involving moral turpitude,
Ê and the
conviction is reversed on appeal. An applicant may resubmit an application for
a license or certificate after a court enters an order reversing the
conviction.
6. If the Board finds that an applicant
has committed an act or engaged in conduct that constitutes grounds for
initiating disciplinary action or denying the issuance of a license or
certificate as set forth in NRS 630A.340 to 630A.380, inclusive, the Board shall investigate
whether the act or conduct has been corrected or the matter has otherwise been
resolved. If the matter has not been resolved to the satisfaction of the Board,
the Board, before issuing a license or certificate, shall determine to its
satisfaction whether or not mitigating circumstances exist which prevent the
resolution of the matter.
7. For the purposes of this section, the
Board shall adopt by regulation a definition of gross medical negligence.
(Added to NRS by 1991, 1070; A 2013, 585)
NRS 630A.230 Qualifications of applicant for license to practice homeopathic
medicine.
1. Every person desiring to practice
homeopathic medicine as a homeopathic physician must, before beginning to
practice, procure from the Board a license authorizing such practice.
2. Except as otherwise provided in NRS 630A.225, a license may be issued to any person
who:
(a) Is a citizen of the United States or is
lawfully entitled to remain and work in the United States;
(b) Is of good moral character;
(c) Has received the degree of doctor of medicine
or doctor of osteopathic medicine, or its equivalent as provided in paragraph
(a) of subsection 1 of NRS 630A.240;
(d) Is licensed in good standing to practice allopathic
or osteopathic medicine in any state or country, the District of Columbia or a
territory or possession of the United States;
(e) Has completed a program of not less than 3
years of postgraduate training in allopathic or osteopathic medicine approved
by the Board;
(f) Has passed all oral or written examinations
required by the Board or this chapter; and
(g) Meets any additional requirements established
by the Board, including, without limitation, requirements established by
regulations adopted by the Board.
(Added to NRS by 1983, 1482; A 1985, 310, 1035; 1987, 2059; 1991, 1070; 2013, 586)
NRS 630A.240 Application: Proof of qualifications; rejection.
1. An applicant for a license to practice
homeopathic medicine as a homeopathic physician who is a graduate of a medical
school located in the United States, Canada or the United Kingdom shall submit
to the Board, through its Secretary-Treasurer, proof that the applicant has:
(a) Received the degree of doctor of medicine
from a medical school which at the time of his or her graduation was accredited
by the Liaison Committee on Medical Education or the Committee for the
Accreditation of Canadian Medical Schools, the degree of Bachelor of Medicine
and Bachelor of Surgery or its equivalent from a medical school which at the
time of his or her graduation was determined by the General Medical Council of
the United Kingdom to be entitled to award primary medical qualifications, or
the degree of doctor of osteopathic medicine from an osteopathic school which
at the time of his or her graduation was accredited by the Bureau of
Professional Education of the American Osteopathic Association;
(b) Completed a program of not less than 3 years
of postgraduate training in allopathic or osteopathic medicine approved by the
Board; and
(c) Completed not less than 600 hours of
postgraduate training in homeopathy, 300 hours of which are completed in this
State under the supervision of a homeopathic physician or through such other
program as is deemed equivalent by the Board.
2. In addition to the proofs required by
subsection 1, the Board may take such further evidence and require such other
documents or proof of qualification as in its discretion may be deemed proper.
3. If it appears that the applicant is not
of good moral character or reputation or that any credential submitted is
false, the applicant may be rejected.
(Added to NRS by 1983, 1482; A 1987, 2060; 2013, 586)
NRS 630A.241 Application; submission of fingerprints. In addition to any other requirements set
forth in this chapter, each applicant for a license or certificate, including,
without limitation, a reciprocal, limited, temporary, special or restricted license,
must submit to the Board:
1. A complete set of fingerprints; and
2. Written permission authorizing the
Board to forward the fingerprints submitted pursuant to subsection 1 to the
Central Repository for Nevada Records of Criminal History for submission to the
Federal Bureau of Investigation for its report.
(Added to NRS by 2013, 583)
NRS 630A.246 Payment of child support: Submission of certain information by
applicant; grounds for denial of license or certificate; duty of Board.
[Effective until the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
1. In addition to any other requirements
set forth in this chapter:
(a) An applicant for the issuance of a license to
practice homeopathic medicine, a certificate as an advanced practitioner of
homeopathy or a certificate as a homeopathic assistant shall include the social
security number of the applicant in the application submitted to the Board.
(b) An applicant for the issuance or renewal of a
license to practice homeopathic medicine, a certificate as an advanced
practitioner of homeopathy or a certificate as a homeopathic assistant shall
submit to the Board the statement prescribed by the Division of Welfare and
Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be
completed and signed by the applicant.
2. The Board shall include the statement
required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the license or certificate; or
(b) A separate form prescribed by the Board.
3. A license to practice homeopathic
medicine, a certificate as an advanced practitioner of homeopathy or a
certificate as a homeopathic assistant may not be issued or renewed by the
Board if the applicant:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the Board
shall advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant may take
to satisfy the arrearage.
(Added to NRS by 1997, 2121; A 2005, 2715, 2807)
NRS 630A.246 Payment of child support:
Submission of certain information by applicant; grounds for denial of license
or certificate; duty of Board. [Effective on the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings and
expires by limitation 2 years after that date.]
1. In addition to any other requirements
set forth in this chapter, an applicant for the issuance or renewal of a
license to practice homeopathic medicine, a certificate as an advanced
practitioner of homeopathy or a certificate as a homeopathic assistant shall
submit to the Board the statement prescribed by the Division of Welfare and
Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be
completed and signed by the applicant.
2. The Board shall include the statement
required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the license or certificate; or
(b) A separate form prescribed by the Board.
3. A license to practice homeopathic
medicine, a certificate as an advanced practitioner of homeopathy or a
certificate as a homeopathic assistant may not be issued or renewed by the
Board if the applicant:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the Board
shall advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant may take
to satisfy the arrearage.
(Added to NRS by 1997, 2121; A 2005, 2715, 2716, 2807,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings)
NRS 630A.250 Oral examination.
1. If required by the Board, an applicant
for a license to practice homeopathic medicine shall appear personally and pass
an oral examination.
2. The Board may employ specialists and
other consultants or examining services in conducting any examination required
by the Board.
(Added to NRS by 1983, 1483; A 1987, 2060)
NRS 630A.260 Reexamination.
1. If an applicant fails in a first
examination, the applicant may be reexamined after not less than 6 months.
2. If the applicant fails in a second
examination, he or she may not be reexamined within less than 1 year after the
date of the second examination. Before taking a third examination, the
applicant shall furnish proof satisfactory to the Board of 1 year of additional
training in homeopathy after the second examination.
3. If an applicant fails three consecutive
examinations, he or she must show the Board by clear and convincing evidence
that extraordinary circumstances justify permitting the applicant to be
reexamined again.
(Added to NRS by 1983, 1483; A 1987, 2061)
NRS 630A.270 Applicant who is graduate of foreign medical school: Proof of
qualification; examination.
1. An applicant for a license to practice
homeopathic medicine who is a graduate of a foreign medical school shall submit
to the Board through its Secretary-Treasurer proof that the applicant:
(a) Is a citizen of the United States, or that he
or she is lawfully entitled to remain and work in the United States;
(b) Has received the degree of doctor of medicine
or its equivalent, as determined by the Board, from a foreign medical school
recognized by the Educational Commission for Foreign Medical Graduates;
(c) Has completed 3 years of postgraduate
training satisfactory to the Board;
(d) Has completed an additional 6 months of
postgraduate training in homeopathic medicine;
(e) Has received the standard certificate of the
Educational Commission for Foreign Medical Graduates; and
(f) Has passed all parts of the Federation
Licensing Examination, or has received a written statement from the Educational
Commission for Foreign Medical Graduates that the applicant has passed the
examination given by the Commission.
2. In addition to the proofs required by
subsection 1, the Board may take such further evidence and require such further
proof of the professional and moral qualifications of the applicant as in its
discretion may be deemed proper.
3. If the applicant is a diplomate of an
approved specialty board recognized by this Board, the requirements of
paragraphs (c) and (d) of subsection 1 may be waived by the Board.
4. Before issuance of a license to
practice homeopathic medicine, the applicant who presents the proof required by
subsection 1 shall appear personally before the Board and satisfactorily pass a
written or oral examination, or both, as to his or her qualifications to
practice homeopathic medicine.
(Added to NRS by 1983, 1483; A 1987, 2061)
NRS 630A.280 Reciprocity. The
Board may, in its discretion, license an applicant who holds a valid license or
certificate issued to the applicant by the homeopathic medical examining board
of the District of Columbia or of any state or territory of the United States,
if:
1. The legal requirements of the
homeopathic medical examining board were, at the time of issuing the license or
certificate, in no degree or particular less than those of this State at the
time when the license or certificate was issued.
2. The applicant is of good moral
character and reputation.
3. The applicant passes an oral
examination, where required by the Board.
4. The applicant furnishes to the Board
such other proof of qualifications, professional or moral, as the Board may
require.
(Added to NRS by 1983, 1484)
NRS 630A.290 Denial of license or certificate; notification; appeal; records
of issuance and denial of licenses or certificates.
1. The Board may deny an application for a
license to practice homeopathic medicine or a certificate to practice as an
advanced practitioner of homeopathy or as a homeopathic assistant for any
violation of the provisions of this chapter or the regulations adopted by the
Board.
2. The Board shall notify an applicant of
any deficiency which prevents any further action on the application or results
in the denial of the application. The applicant may respond in writing to the
Board concerning any deficiency and, if the applicant does so, the Board shall
respond in writing to the contentions of the applicant.
3. An unsuccessful applicant may appeal to
the district court to review the action of the Board within 30 days after the
date of the rejection of the application by the Board. Upon appeal the
applicant has the burden to show that the action of the Board is erroneous or
unlawful.
4. The Board shall maintain records
pertaining to applicants to whom licenses and certificates have been issued or
denied. The records must be open to the public and must contain:
(a) The name of each applicant.
(b) For an applicant for a license to practice
homeopathic medicine, the name of the school granting the diploma and the date
of the diploma.
(c) The date of issuance or denial of the license
or certificate.
(d) The business address of the applicant.
(Added to NRS by 1983, 1484; A 1985, 310; 1987, 2062; 2013, 587)
NRS 630A.293 Advanced practitioners of homeopathy: Certification;
qualifications; authority.
1. The Board may grant a certificate as an
advanced practitioner of homeopathy to a person who has completed an
educational program:
(a) Consisting of not less than 400 hours of
training, 200 hours of which are completed in this State under the supervision
of a homeopathic physician or such other program as is deemed equivalent by the
Board.
(b) Designed to prepare the person to:
(1) Perform designated acts of medical
diagnosis;
(2) Prescribe therapeutic or corrective
measures; and
(3) Prescribe substances used in
homeopathic medicine.
2. An advanced practitioner of homeopathy
may:
(a) Engage in selected medical diagnosis and
treatment; and
(b) Prescribe substances which are contained in
the Homeopathic Pharmacopeia of the United States,
Ê pursuant to
a protocol approved by a supervising homeopathic physician. A protocol must not
include, and an advanced practitioner of homeopathy shall not engage in, any diagnosis,
treatment or other conduct which he or she is not qualified to perform.
3. As used in this section, “protocol”
means a written agreement between a homeopathic physician and an advanced
practitioner of homeopathy which sets forth matters including the:
(a) Patients which the advanced practitioner of
homeopathy may serve;
(b) Specific substances used in homeopathic
medicine which the advanced practitioner of homeopathy may prescribe; and
(c) Conditions under which the advanced
practitioner of homeopathy must directly refer the patient to the homeopathic
physician.
(Added to NRS by 1995, 2796; A 2013, 587)
NRS 630A.295 Advanced practitioners of homeopathy: Regulations of Board. The Board shall adopt regulations:
1. Specifying the training, education and
experience necessary for certification as an advanced practitioner of
homeopathy.
2. Delineating the authorized scope of
practice of an advanced practitioner of homeopathy.
3. Establishing the procedure for
application for certification as an advanced practitioner of homeopathy.
4. Establishing the duration, renewal and
termination of certificates for advanced practitioners of homeopathy.
5. Establishing requirements for the
continuing education of advanced practitioners of homeopathy.
6. Delineating the grounds respecting
disciplinary actions against advanced practitioners of homeopathy.
(Added to NRS by 1995, 2797; A 2005, 761)
NRS 630A.297 Homeopathic assistant: Certification; authorized services;
supervising homeopathic physician.
1. The Board may issue a certificate as a
homeopathic assistant to an applicant who is qualified under the regulations of
the Board and who has completed an educational program:
(a) Consisting of not less than 200 hours of
training, 100 hours of which are completed in this State under the supervision
of a homeopathic physician or such other program as is deemed equivalent by the
Board.
(b) Designed to prepare the applicant to perform
homeopathic services under the supervision of a supervising homeopathic
physician.
2. The application for the certificate
must be cosigned by the supervising homeopathic physician, and the certificate
is valid only so long as that supervising homeopathic physician employs and
supervises the homeopathic assistant.
3. A homeopathic assistant may perform
such homeopathic services as he or she is authorized to perform under the terms
of the certificate issued to the homeopathic assistant by the Board, if the
services are performed under the supervision and control of the supervising
homeopathic physician.
4. A supervising homeopathic physician
shall not cosign for, employ or supervise more than seven homeopathic assistants
at the same time.
(Added to NRS by 1995, 2797; A 2013, 588)
NRS 630A.299 Homeopathic assistant: Regulations of Board. The Board shall adopt regulations regarding
the certification of a homeopathic assistant, including, but not limited to:
1. The educational and other
qualifications of applicants.
2. The required academic program for
applicants.
3. The procedures for applications for and
the issuance of certificates.
4. The tests or examinations of applicants
by the Board.
5. The medical services which a
homeopathic assistant may perform, except that a homeopathic assistant may not
perform those specific functions and duties delegated or restricted by law to
persons licensed as dentists, chiropractors, podiatric physicians, optometrists
or hearing aid specialists under chapter 631,
634, 635, 636 or 637A,
respectively, of NRS.
6. The duration, renewal and termination
of certificates.
7. The grounds respecting disciplinary
actions against homeopathic assistants.
8. The supervision of a homeopathic
assistant by a supervising homeopathic physician.
9. The establishment of requirements for
the continuing education of homeopathic assistants.
(Added to NRS by 1995, 2797; A 2005, 761)
NRS 630A.310 Temporary, special and restricted licenses: Purposes; issuance;
revocation.
1. Except as otherwise provided in NRS 630A.225, the Board may:
(a) Issue a temporary license, to be effective
not more than 6 months after issuance, to any homeopathic physician who is
eligible for a permanent license in this State and who also is of good moral
character and reputation. The purpose of the temporary license is to enable an
eligible homeopathic physician to serve as a substitute for some other homeopathic
physician who is licensed to practice homeopathic medicine in this State and
who is absent from his or her practice for reasons deemed sufficient by the
Board. A temporary license issued under the provisions of this paragraph is not
renewable.
(b) Issue a special license to a licensed
homeopathic physician of another state to come into Nevada to care for or
assist in the treatment of his or her own patients in association with a
physician licensed in this State. A special license issued under the provisions
of this paragraph is limited to the care of a specific patient.
(c) Issue a restricted license for a specified
period if the Board determines the applicant needs supervision or restriction.
2. A person who is licensed pursuant to
paragraph (a), (b) or (c) of subsection 1 shall be deemed to have given consent
to the revocation of the license at any time by the Board for any of the
grounds provided in NRS 630A.225 or 630A.340 to 630A.380,
inclusive.
(Added to NRS by 1983, 1484; A 1987, 2062; 1991, 1071)
NRS 630A.320 Limited license for resident homeopathic physician in
postgraduate program of clinical training.
1. Except as otherwise provided in NRS 630A.225, the Board may issue to a qualified
applicant a limited license to practice homeopathic medicine as a resident
homeopathic physician in a postgraduate program of clinical training if:
(a) The applicant is a graduate of an accredited
medical school in the United States or Canada or is a graduate of a foreign medical
school recognized by the Educational Commission for Foreign Medical Graduates
and:
(1) Is a citizen of the United States or
is lawfully entitled to remain and work in the United States; and
(2) Has completed 1 year of supervised
clinical training approved by the Board.
(b) The Board approves the program of clinical
training, and the medical school or other institution sponsoring the program
provides the Board with written confirmation that the applicant has been
appointed to a position in the program.
2. In addition to the requirements of
subsection 1, an applicant who is a graduate of a foreign medical school must
have received the standard certificate of the Educational Commission for
Foreign Medical Graduates.
3. The Board may issue this limited
license for not more than 1 year, but may renew the license.
4. The holder of this limited license may
practice homeopathic medicine only in connection with his or her duties as a
resident physician and shall not engage in the private practice of homeopathic
medicine.
5. A limited license granted under this
section may be revoked by the Board at any time for any of the grounds set
forth in NRS 630A.225 or 630A.340
to 630A.380, inclusive.
(Added to NRS by 1983, 1484; A 1985, 1035; 1987, 2063; 1991, 1071)
NRS 630A.325 Renewal: Requirements; suspension for failure to pay fee or
submit certain information; notice to Federal Government.
1. To renew a license or certificate,
other than a temporary, special or limited license, issued pursuant to this
chapter, each person must, on or before January 1 of each year:
(a) Apply to the Board for renewal;
(b) Pay the annual fee for renewal set by the
Board;
(c) Submit evidence to the Board of completion of
the requirements for continuing education; and
(d) Submit all information required to complete
the renewal.
2. The Board shall, as a prerequisite for
the renewal or restoration of a license or certificate, other than a temporary,
special or limited license, require each holder of a license or certificate to
comply with the requirements for continuing education adopted by the Board.
3. Any holder who fails to pay the annual
fee for renewal and submit all information required to complete the renewal
after they become due must be given a period of 60 days in which to pay the fee
and submit all required information and, failing to do so, automatically
forfeits the right to practice homeopathic medicine or to practice as an
advanced practitioner of homeopathy or as a homeopathic assistant, as
applicable, and his or her license to practice homeopathic medicine or
certificate to practice as an advanced practitioner of homeopathy or as a
homeopathic assistant in this State is automatically suspended. The holder may,
within 2 years after the date his or her license or certificate is suspended,
apply for the restoration of the license or certificate.
4. The Board shall notify any holder whose
license or certificate is automatically suspended pursuant to subsection 3 and
send a copy of the notice to the Drug Enforcement Administration of the United
States Department of Justice or its successor agency.
(Added to NRS by 1985, 546; A 1997, 2122; 2005, 2717, 2807; 2013, 588)
NRS 630A.330 Fees.
1. Except as otherwise provided in
subsection 6, each applicant for a license to practice homeopathic medicine
must:
(a) Pay a fee of $500; and
(b) Pay the cost of obtaining such further
evidence and proof of qualifications as the Board may require pursuant to
subsection 2 of NRS 630A.240.
2. Each applicant for a certificate as an
advanced practitioner of homeopathy must:
(a) Pay a fee of $300; and
(b) Pay the cost of obtaining such further
evidence and proof of qualifications as the Board may require pursuant to NRS 630A.295.
3. Each applicant for a certificate as a
homeopathic assistant must pay a fee of $150.
4. Each applicant for a license or
certificate who fails an examination and who is permitted to be reexamined must
pay a fee not to exceed $400 for each reexamination.
5. If an applicant for a license or
certificate does not appear for examination, for any reason deemed sufficient
by the Board, the Board may, upon request, refund a portion of the application
fee not to exceed 50 percent of the fee. There must be no refund of the
application fee if an applicant appears for examination.
6. Each applicant for a license issued
under the provisions of NRS 630A.310 or 630A.320 must pay a fee not to exceed $150, as
determined by the Board, and must pay a fee of $100 for each renewal of the
license.
7. The fee for the renewal of a license or
certificate, as determined by the Board, must not exceed $600 per year and must
be collected for the year in which a physician, advanced practitioner of
homeopathy or homeopathic assistant is licensed or certified.
8. The fee for the restoration of a
suspended license or certificate is twice the amount of the fee for the renewal
of a license or certificate at the time of the restoration of the license or
certificate.
(Added to NRS by 1983, 1485; A 1985, 310, 547, 1036; 1987, 2063; 1995, 2799)
DISCIPLINARY ACTION
Preliminary Proceedings
NRS 630A.340 Grounds for initiating disciplinary action or denying licensure:
Unprofessional conduct; criminal offenses; suspension or other modification of
license or certificate in another jurisdiction; surrender of license or
certificate while under investigation; gross or repeated malpractice;
professional incompetence. The
following acts, among others, constitute grounds for initiating disciplinary
action or denying the issuance of a license or certificate:
1. Unprofessional conduct.
2. Conviction of:
(a) A violation of any federal or state law
regulating the possession, distribution or use of any controlled substance or
any dangerous drug as defined in chapter 454
of NRS;
(b) A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310, or 616D.350 to 616D.440, inclusive;
(c) Any offense involving moral turpitude; or
(d) Any offense relating to the practice of homeopathic
medicine or the ability to practice homeopathic medicine or the practice, or
the ability to practice, as an advanced practitioner of homeopathy or as a
homeopathic assistant.
Ê A plea of
nolo contendere to any offense listed in this subsection shall be deemed a
conviction.
3. The suspension, modification or
limitation of a license or certificate to practice any type of medicine or to
perform any type of medical services by any other jurisdiction.
4. The surrender of a license or
certificate to practice any type of medicine or to perform any type of medical
services or the discontinuance of the practice of medicine while under
investigation by any licensing or certifying authority, medical facility,
facility for the dependent, branch of the Armed Forces of the United States,
insurance company, agency of the Federal Government or employer.
5. Gross or repeated malpractice, which
may be evidenced by claims of malpractice settled against a homeopathic
physician, advanced practitioner of homeopathy or homeopathic assistant.
6. Professional incompetence.
(Added to NRS by 1983, 1486; A 1987, 1555, 2064; 1991, 1072; 1993, 783; 2003, 2708; 2011, 848; 2013, 589)
NRS 630A.350 Grounds for initiating disciplinary action or denying licensure:
False application for license or certificate; misrepresenting disease or injury
for personal gain; false advertising; practicing under another name; signing
blank prescription form; influencing patient to engage in sexual activity;
discouraging second opinion; terminating care without adequate notice. The following acts, among others, constitute
grounds for initiating disciplinary action or denying the issuance of a license
or certificate:
1. Willfully making a false or fraudulent
statement or submitting a forged or false document in applying for a license to
practice homeopathic medicine or a certificate to practice as an advanced
practitioner of homeopathy or as a homeopathic assistant.
2. Willfully representing with the purpose
of obtaining compensation or other advantages for himself or herself or for any
other person that a manifestly incurable disease or injury or other manifestly
incurable condition can be permanently cured.
3. Obtaining, maintaining or renewing, or
attempting to obtain, maintain or renew, a license to practice homeopathic
medicine or a certificate to practice as an advanced practitioner of homeopathy
or as a homeopathic assistant by bribery, fraud or misrepresentation or by any
false, misleading, inaccurate or incomplete statement.
4. Advertising the practice of homeopathic
medicine or practice as an advanced practitioner of homeopathy or as a
homeopathic assistant in a false, deceptive or misleading manner.
5. Practicing or attempting to practice
homeopathic medicine, or practicing or attempting to practice as an advanced
practitioner of homeopathy or as a homeopathic assistant, under a name other
than the name under which the person practicing or attempting to practice is
licensed or certified.
6. Signing a blank prescription form.
7. Influencing a patient in order to
engage in sexual activity with the patient or another person.
8. Attempting directly or indirectly, by
way of intimidation, coercion or deception, to obtain or retain a patient or to
discourage a patient from obtaining a second opinion.
9. Terminating the medical care of a
patient without giving adequate notice or making other arrangements for the
continued care of the patient.
(Added to NRS by 1983, 1486; A 1987, 2064; 2013, 589)
NRS 630A.360 Grounds for initiating disciplinary action or denying licensure:
Accepting compensation to influence evaluation or treatment; inappropriate
division of fees; charging for services not rendered; aiding practice by
unlicensed person; advertising services of unlicensed person; delegating
responsibility to unqualified person; failing to disclose conflict of interest. The following acts, among others, constitute
grounds for initiating disciplinary action or denying the issuance of a
license:
1. Directly or indirectly receiving from
any person any fee, commission, rebate or other form of compensation which
tends or is intended to influence the physician’s objective evaluation or
treatment of a patient.
2. Dividing a fee between homeopathic
physicians, unless the patient is informed of the division of fees and the
division is made in proportion to the services personally performed and the
responsibility assumed by each homeopathic physician.
3. Charging for visits to the homeopathic
physician’s office which did not occur or for services which were not rendered
or documented in the records of the patient.
4. Employing, directly or indirectly, any
suspended or unlicensed person in the practice of homeopathic medicine, or the
aiding, abetting or assisting of any unlicensed person to practice homeopathic
medicine contrary to the provisions of this chapter or the regulations adopted
by the Board.
5. Advertising the services of an
unlicensed person in the practice of homeopathic medicine.
6. Delegating responsibility for the care
of a patient to a person whom the homeopathic physician knows, or has reason to
know, is not qualified to undertake that responsibility.
7. Failing to disclose to a patient any
financial or other conflict of interest affecting the care of the patient.
(Added to NRS by 1983, 1486; A 1987, 2065)
NRS 630A.370 Grounds for initiating disciplinary action or denying licensure:
Inability to practice; deceptive conduct; harmful medical practices; unlawful
administration of controlled substance; unlawful abortion; practicing beyond
scope of license or certificate; practicing experimental medicine without
consent of patient; failure to exercise skill or diligence; certain operation
of medical facility. The following
acts, among others, constitute grounds for initiating disciplinary action or
denying the issuance of a license or certificate:
1. Inability to practice homeopathic
medicine or to practice as an advanced practitioner of homeopathy or as a
homeopathic assistant, as applicable, with reasonable skill and safety because
of an illness, a mental or physical condition or the use of alcohol, drugs,
narcotics or any other addictive substance.
2. Engaging in any:
(a) Professional conduct which is intended to
deceive or which the Board by regulation has determined is unethical.
(b) Medical practice harmful to the public or any
conduct detrimental to the public health, safety or morals which does not
constitute gross or repeated malpractice or professional incompetence.
3. Administering, dispensing or
prescribing any controlled substance, except as authorized by law.
4. Performing, assisting or advising an
unlawful abortion or in the injection of any liquid substance into the human
body to cause an abortion.
5. Practicing or offering to practice
beyond the scope permitted by law, or performing services which the homeopathic
physician, advanced practitioner of homeopathy or homeopathic assistant knows
or has reason to know he or she is not competent to perform.
6. Performing any procedure without first
obtaining the informed consent of the patient or the patient’s family or
prescribing any therapy which by the current standards of the practice of
homeopathic medicine is experimental.
7. Continued failure to exercise the skill
or diligence or use the methods ordinarily exercised under the same
circumstances by homeopathic physicians, advanced practitioners of homeopathy
and homeopathic assistants in good standing who practice homeopathy and
electrodiagnosis, as applicable.
8. Operation of a medical facility, as
defined in NRS 449.0151, at any time
during which:
(a) The license of the facility is suspended or
revoked; or
(b) An act or omission occurs which results in
the suspension or revocation of the license pursuant to NRS 449.160.
Ê This
subsection applies to an owner or other principal responsible for the operation
of the facility.
(Added to NRS by 1983, 1487; A 1987, 1555, 2066; 2009, 881; 2013, 590)
NRS 630A.380 Grounds for initiating disciplinary action or denying licensure:
Willful disclosure of privileged communication; willful failure to comply with
statute or regulation governing practice. The
following acts, among others, constitute grounds for initiating disciplinary
action or denying the issuance of a license or certificate:
1. Willful disclosure of a communication
privileged under a statute or court order.
2. Willful failure to comply with any
provision of this chapter, regulation, subpoena or order of the Board or with
any court order relating to this chapter.
3. Willful failure to perform any
statutory or other legal obligation imposed upon a licensed homeopathic
physician, a certified advanced practitioner of homeopathy or a certified
homeopathic assistant, as applicable.
(Added to NRS by 1983, 1487; A 1987, 2066; 2013, 591)
NRS 630A.390 Filing of complaint; reporting of disciplinary action and
findings; retention of complaints.
1. Any person who becomes aware that a
person practicing medicine or practicing as an advanced practitioner of
homeopathy or as a homeopathic assistant in this State has, is or is about to
become engaged in conduct which constitutes grounds for initiating disciplinary
action may file a written complaint with the Board. A complaint may be filed
anonymously. If a complaint is filed anonymously, the Board may accept the
complaint but may refuse to consider the complaint if anonymity of the
complainant makes processing the complaint impossible or unfair to the person
who is the subject of the complaint.
2. Any medical society or medical facility
or facility for the dependent licensed in this State shall report to the Board
the initiation and outcome of any disciplinary action against any homeopathic
physician, advanced practitioner of homeopathy or homeopathic assistant
concerning the care of a patient or the competency of the homeopathic
physician, advanced practitioner of homeopathy or homeopathic assistant.
3. The clerk of every court shall report
to the Board any finding, judgment or other determination of the court that a
homeopathic physician, advanced practitioner of homeopathy or homeopathic
assistant:
(a) Is mentally ill;
(b) Is mentally incompetent;
(c) Has been convicted of a felony or any law
relating to controlled substances or dangerous drugs;
(d) Is guilty of abuse or fraud under any state
or federal program providing medical assistance; or
(e) Is liable for damages for malpractice or
negligence.
4. The Board shall retain all complaints
filed with the Board pursuant to this section for at least 10 years, including,
without limitation, any complaints not acted upon.
(Added to NRS by 1983, 1487; A 1987, 2067; 2009, 882; 2013, 591, 2218)
NRS 630A.400 Review of complaint; composition of committee; investigation;
Board authorized to retain Attorney General; Board authorized to transmit
certain complaints and other information to Attorney General; Board review of
committee’s findings.
1. The Board or a committee of its members
designated by the Board shall review every complaint filed with the Board and
conduct an investigation to determine whether there is a reasonable basis for
compelling a homeopathic physician to take a mental or physical examination or
an examination of his or her competence to practice homeopathic medicine.
2. If a committee is designated, it must
be composed of at least three members of the Board, at least one of whom is a
licensed homeopathic physician.
3. If, from the complaint or from other
official records, it appears that the complaint is not frivolous and the
complaint charges gross or repeated malpractice, the Board may:
(a) Retain the Attorney General to investigate
the complaint; and
(b) If the Board retains the Attorney General,
transmit the original complaint, along with further facts or information
derived from its own review, to the Attorney General.
4. Following an investigation, the
committee shall present its evaluation and recommendations to the Board. The
Board shall review the committee’s findings to determine whether to take any
further action, but a member of the Board who participated in the investigation
may not participate in this review or in any subsequent hearing or action taken
by the Board.
(Added to NRS by 1983, 1487; A 1987, 2067; 2011, 369)
NRS 630A.410 Investigation of complaint by Attorney General; determination of
Board concerning further action; Attorney General authorized to charge Board
for services.
1. If the Board retains the Attorney
General pursuant to NRS 630A.400, the Attorney
General shall conduct an investigation of the complaint transmitted to the
Attorney General to determine whether it warrants proceedings for modification,
suspension or revocation of license. If the Attorney General determines that
such further proceedings are warranted, the Attorney General shall report the
results of the investigation together with a recommendation to the Board in a
manner which does not violate the right of the person charged in the complaint
to due process in any later hearing before the Board.
2. The Board shall promptly make a
determination with respect to each complaint reported to it by the Attorney
General as to what action shall be pursued. The Board shall:
(a) Dismiss the complaint; or
(b) Proceed with appropriate disciplinary action.
3. If the Board retains the Attorney
General pursuant to NRS 630A.400, the Attorney
General may, in accordance with the provisions of NRS 228.113, charge the Board for all
services relating to the investigation of a complaint.
(Added to NRS by 1983, 1488; A 2011, 369)
NRS 630A.420 Mental or physical examination; examination of competence to
practice.
1. If the Board or its investigative
committee has reason to believe that the conduct of any homeopathic physician
has raised a reasonable question as to his or her competence to practice
medicine with reasonable skill and safety to patients, it may order the
homeopathic physician to undergo:
(a) A mental or physical examination; or
(b) An examination of his or her competence to
practice homeopathic medicine,
Ê by
physicians or others designated by the Board to assist the Board in determining
the fitness of the homeopathic physician to practice homeopathic medicine.
2. For the purposes of this section:
(a) Every homeopathic physician who applies for a
license or is licensed under this chapter shall be deemed to have given consent
to submit to a mental or physical examination or an examination of his or her
competence to practice homeopathic medicine when directed to do so in writing
by the Board or an investigative committee of the Board.
(b) The testimony or reports of the examining
physicians are not privileged communications.
3. Except in extraordinary circumstances,
as determined by the Board, the failure of a homeopathic physician licensed
under this chapter to submit to an examination when directed as provided in
this section constitutes an admission of the charges against the homeopathic
physician.
(Added to NRS by 1983, 1488; A 1987, 2068)
NRS 630A.430 Examination to determine medical competence. If the Board has reason to believe that the
conduct of any homeopathic physician has raised a reasonable question as to his
or her competence to practice homeopathic medicine with reasonable skill and
safety to patients, the Board may order an examination of the homeopathic
physician to determine his or her fitness to practice homeopathic medicine.
When such action is taken, the reasons for the action must be documented and
must be available to the homeopathic physician being examined.
(Added to NRS by 1983, 1488; A 1987, 2068)
NRS 630A.440 Limitation of time for completion of examination if Board issues
order for summary suspension of license. Notwithstanding
the provisions of chapter 622A of NRS, if
the Board issues an order summarily suspending the license of a homeopathic
physician pending proceedings for disciplinary action and requires the
homeopathic physician to submit to a mental or physical examination or an
examination of his or her competence to practice homeopathic medicine, the
examination must be conducted and the results obtained not later than 60 days
after the Board issues its order.
(Added to NRS by 1983, 1488; A 1987, 2069; 2005, 761)
NRS 630A.450 Stay by court of order of summary suspension prohibited. Notwithstanding the provisions of chapter 622A of NRS, if the Board issues an
order summarily suspending the license of a homeopathic physician pending
proceedings for disciplinary action, including, without limitation, a summary
suspension pursuant to NRS 233B.127,
the court shall not stay that order.
(Added to NRS by 1983, 1489; A 1987, 2069; 2005, 762; 2009, 882)
NRS 630A.460 Injunctive relief.
1. In addition to any other remedy
provided by law, the Board, through its President or Secretary-Treasurer or the
Attorney General, may apply to any court of competent jurisdiction to:
(a) Enjoin any prohibited act or other conduct of
a homeopathic physician which is harmful to the public;
(b) Enjoin any person who is not licensed under
this chapter from practicing homeopathic medicine; or
(c) Limit a homeopathic physician’s practice or
suspend his or her license to practice homeopathic medicine.
2. The court in a proper case may issue a
temporary restraining order or a preliminary injunction for the purposes of
subsection 1:
(a) Without proof of actual damage sustained by
any person;
(b) Without relieving any person from criminal
prosecution for engaging in the practice of homeopathic medicine without a
license; and
(c) Pending proceedings for disciplinary action
by the Board.
(Added to NRS by 1983, 1489; A 1987, 2069)
Disciplinary Proceedings
NRS 630A.480 Commencement of disciplinary proceedings required for certain
violations of Industrial Insurance Act. Notwithstanding
the provisions of chapter 622A of NRS, if
the Board receives a report pursuant to subsection 5 of NRS 228.420, a disciplinary proceeding
regarding the report must be commenced within 30 days after the Board receives
the report.
(Added to NRS by 1983, 1489; A 1987, 2069; 1993, 784; 2005, 762)
NRS 630A.490 Service of process. Except
as otherwise provided in chapter 622A of
NRS:
1. Service of process made under this
chapter must be either personal or by registered or certified mail with return
receipt requested, addressed to the homeopathic physician, advanced
practitioner of homeopathy or homeopathic assistant at his or her last known
address. If personal service cannot be made and if notice by mail is returned
undelivered, the Secretary-Treasurer of the Board shall cause notice to be
published once a week for 4 consecutive weeks in a newspaper published in the
county of the last known address of the homeopathic physician, advanced
practitioner of homeopathy or homeopathic assistant or, if no newspaper is
published in that county, then in a newspaper widely distributed in that
county.
2. Proof of service of process or
publication of notice made under this chapter must be filed with the Board and
recorded in the minutes of the Board.
(Added to NRS by 1983, 1489; A 1987, 2070; 2005, 762; 2013, 591)
NRS 630A.500 Requirements for proof. Notwithstanding
the provisions of chapter 622A of NRS, in
any disciplinary hearing:
1. Proof of actual injury need not be
established.
2. A certified copy of the record of a
court or a licensing or certifying agency showing a conviction or plea of nolo
contendere or the suspension, revocation, limitation, modification, denial or
surrender of a license to practice homeopathic medicine or a certificate to
practice as an advanced practitioner of homeopathy or as a homeopathic
assistant is conclusive evidence of its occurrence.
(Added to NRS by 1983, 1490; A 1987, 2070; 2005, 762; 2013, 592)
NRS 630A.510 Final order of Board; disciplinary actions available to Board;
private reprimands prohibited; orders imposing discipline deemed public
records.
1. Any member of the Board who was not a
member of the investigative committee, if one was appointed, may participate in
the final order of the Board. If the Board, after notice and a hearing as
required by law, determines that a violation of the provisions of this chapter
or the regulations adopted by the Board has occurred, it shall issue and serve
on the person charged an order, in writing, containing its findings and any
sanctions imposed by the Board. If the Board determines that no violation has
occurred, it shall dismiss the charges, in writing, and notify the person that
the charges have been dismissed.
2. If the Board finds that a violation has
occurred, it may by order:
(a) Place the person on probation for a specified
period on any of the conditions specified in the order.
(b) Administer to the person a public reprimand.
(c) Limit the practice of the person or exclude a
method of treatment from the scope of his or her practice.
(d) Suspend the license or certificate of the
person for a specified period or until further order of the Board.
(e) Revoke the person’s license to practice
homeopathic medicine or certificate to practice as an advanced practitioner of
homeopathy or as a homeopathic assistant.
(f) Require the person to participate in a
program to correct a dependence upon alcohol or a controlled substance, or any
other impairment.
(g) Require supervision of the person’s practice.
(h) Impose an administrative fine not to exceed
$10,000.
(i) Require the person to perform community
service without compensation.
(j) Require the person to take a physical or
mental examination or an examination of his or her competence to practice
homeopathic medicine or to practice as an advanced practitioner of homeopathy
or as a homeopathic assistant, as applicable.
(k) Require the person to fulfill certain
training or educational requirements.
3. The Board shall not administer a
private reprimand.
4. An order that imposes discipline and
the findings of fact and conclusions of law supporting that order are public
records.
(Added to NRS by 1983, 1490; A 1987, 2070; 1993, 885; 2001
Special Session, 154; 2003, 3437; 2005, 763; 2013, 592)
NRS 630A.520 Judicial review of Board’s final order; stay of order pending
final determination prohibited.
1. Any person aggrieved by a final order
of the Board is entitled to judicial review of the Board’s order as provided by
law.
2. Every order of the Board which limits
the practice of homeopathic medicine or the practice of an advanced
practitioner of homeopathy or of a homeopathic assistant or suspends or revokes
a license or certificate is effective from the date the Secretary-Treasurer of
the Board certifies the order until the date the order is modified or reversed
by a final judgment of the court. The court shall not stay the order of the
Board pending a final determination by the court.
3. The district court shall give a
petition for judicial review of the Board’s order priority over other civil
matters which are not expressly given priority by law.
(Added to NRS by 1983, 1490; A 1987, 2071; 2005, 763; 2013, 593)
NRS 630A.530 Reinstatement of license or certificate.
1. Any person:
(a) Whose practice of homeopathic medicine has
been limited; or
(b) Whose license to practice homeopathic
medicine or certificate to practice as an advanced practitioner of homeopathy
or as a homeopathic assistant has been:
(1) Suspended until further order; or
(2) Revoked,
Ê may apply to
the Board for removal of the limitation or suspension or may apply to the Board
pursuant to the provisions of chapter 622A
of NRS for reinstatement of the revoked license or certificate.
2. In hearing the application, the Board
or a committee of members of the Board:
(a) May require the applicant to submit to a
mental or physical examination or an examination of his or her competence to
practice homeopathic medicine or to practice as an advanced practitioner of
homeopathy or as a homeopathic assistant, as applicable, by physicians or other
persons whom it designates and submit such other evidence of changed conditions
and of fitness as it deems proper.
(b) Shall determine whether under all the
circumstances the time of the application is reasonable.
(c) May deny the application or modify or rescind
its order as it deems the evidence and the public safety warrants.
3. The applicant has the burden of proving
by clear and convincing evidence that the requirements for reinstatement of the
license or certificate or removal of the limitation or suspension have been
met.
4. The Board shall not reinstate a license
or certificate unless it is satisfied that the applicant has complied with all
of the terms and conditions set forth in the final order of the Board and that
the applicant is capable of practicing homeopathic medicine or practicing as an
advanced practitioner of homeopathy or as a homeopathic assistant, as
applicable, with reasonable skill and safety to patients.
5. In addition to any other requirements
set forth in chapter 622A of NRS, to
reinstate a license or certificate that has been revoked by the Board, a person
must apply for a license or certificate and take an examination as though the
person had never been licensed or certified under this chapter.
(Added to NRS by 1983, 1490; A 1987, 2071; 2005, 763; 2013, 593)
Miscellaneous Provisions
NRS 630A.540 Immunity from civil liability; Board prohibited from taking
certain action.
1. In addition to any other immunity
provided by the provisions of chapter 622A
of NRS:
(a) Any person who furnishes information to the
Board, in good faith in accordance with the provisions of this chapter,
concerning a person who is licensed or certified or applies for a license or
certificate under this chapter is immune from civil liability for furnishing
that information.
(b) The Board and its members, staff, counsel,
investigators, experts, committees, panels, hearing officers and consultants
are immune from civil liability for any decision or action taken in good faith
in response to information received by the Board.
(c) The Board and any of its members are immune
from civil liability for disseminating information concerning a person who is
licensed or certified or applies for a license or certificate under this
chapter to the Attorney General or any board or agency of the State, hospital,
medical society, insurer, employer, patient or patient’s family or law
enforcement agency.
2. The Board shall not commence an
investigation, impose any disciplinary action or take any other adverse action
against a homeopathic physician for:
(a) Disclosing to a governmental entity a
violation of any law, rule or regulation by an applicant for a license to
practice homeopathic medicine or by a homeopathic physician; or
(b) Cooperating with a governmental entity that
is conducting an investigation, hearing or inquiry into such a violation,
including, without limitation, providing testimony concerning the violation.
3. As used in this section, “governmental
entity” includes, without limitation:
(a) A federal, state or local officer, employee,
agency, department, division, bureau, board, commission, council, authority or
other subdivision or entity of a public employer;
(b) A federal, state or local employee,
committee, member or commission of the Legislative Branch of Government;
(c) A federal, state or local representative,
member or employee of a legislative body or a county, town, village or any
other political subdivision or civil division of the State;
(d) A federal, state or local law enforcement
agency or prosecutorial office, or any member or employee thereof, or police or
peace officer; and
(e) A federal, state or local judiciary, or any
member or employee thereof, or grand or petit jury.
(Added to NRS by 1983, 1491; A 1987, 2072; 1995, 2800; 2005, 764; 2009, 1424)
NRS 630A.543 Suspension of license or certificate for failure to pay child
support or comply with certain subpoenas or warrants; reinstatement of license
or certificate. [Effective until 2 years after the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
1. If the Board receives a copy of a court
order issued pursuant to NRS 425.540
that provides for the suspension of all professional, occupational and
recreational licenses, certificates and permits issued to a person who is the
holder of a license to practice homeopathic medicine or a certificate to
practice as an advanced practitioner of homeopathy or as a homeopathic
assistant, the Board shall deem the license or certificate issued to that
person to be suspended at the end of the 30th day after the date on which the
court order was issued unless the Board receives a letter issued to the holder
of the license or certificate by the district attorney or other public agency
pursuant to NRS 425.550 stating that
the holder of the license or certificate has complied with the subpoena or
warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Board shall reinstate a license to
practice homeopathic medicine or a certificate to practice as an advanced
practitioner of homeopathy or a homeopathic assistant that has been suspended
by a district court pursuant to NRS 425.540
if:
(a) The Board receives a letter issued by the
district attorney or other public agency pursuant to NRS 425.550 to the person whose license or
certificate was suspended stating that the person whose license or certificate
was suspended has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560; and
(b) The person whose license or certificate was
suspended pays the fee prescribed in NRS 630A.330
for the reinstatement of a suspended license or certificate.
(Added to NRS by 1997, 2121; A 2005, 2807)
NRS 630A.545 Procedural requirements same for disciplinary action taken by
hearing officer or panel; decision of hearing officer or panel relating to
administrative fine is final decision in contested case.
1. Any disciplinary action taken by a
hearing officer or panel pursuant to NRS 630A.160
is subject to the same procedural requirements which apply to disciplinary
actions taken by the Board, and the officer or panel has the powers and duties
given to the Board in relation thereto.
2. A decision of a hearing officer or
panel relating to the imposition of an administrative fine is a final decision
in a contested case.
(Added to NRS by 1995, 2798)
NRS 630A.550 Disciplinary action does not preclude limitation or termination
of privileges of licensee or holder of certificate or criminal prosecution;
immunity from civil liability. The
filing and review of a complaint, its dismissal without further action or its
transmittal to the Attorney General, and any subsequent disposition by the
Board, the Attorney General or any reviewing court do not preclude:
1. Any measure by a hospital or other
institution or medical society to limit or terminate the privileges of a
homeopathic physician, advanced practitioner of homeopathy or homeopathic
assistant according to its rules or the custom of the profession. No civil
liability attaches to any such action taken without malice even if the ultimate
disposition of the complaint is in favor of the homeopathic physician, advanced
practitioner of homeopathy or homeopathic assistant.
2. Any appropriate criminal prosecution by
the Attorney General or a district attorney based upon the same or other facts.
(Added to NRS by 1983, 1491; A 1995, 2800)
NRS 630A.555 Confidentiality of certain records of Board; exceptions.
1. Except as otherwise provided in this
section and NRS 239.0115, a complaint
filed with the Board, all documents and other information filed with the
complaint and all documents and other information compiled as a result of an investigation
conducted to determine whether to initiate disciplinary action against a person
are confidential, unless the person submits a written statement to the Board
requesting that such documents and information be made public records.
2. The charging documents filed with the
Board to initiate disciplinary action pursuant to chapter 622A of NRS and all documents and
information considered by the Board when determining whether to impose discipline
are public records.
3. The Board shall, to the extent
feasible, communicate or cooperate with or provide any documents or other
information to any other licensing board or any other agency that is
investigating a person, including, without limitation, a law enforcement
agency.
(Added to NRS by 1995, 504; A 2003, 3438; 2005, 764; 2007, 2135; 2013, 2218)
UNLAWFUL ACTS; PENALTIES
NRS 630A.557 Inspection of premises by Board. Any
member or agent of the Board may enter any premises in this State where a
person who holds a license or certificate issued pursuant to the provisions of
this chapter practices homeopathic medicine and inspect it to determine whether
a violation of any provision of this chapter has occurred, including, without
limitation, an inspection to determine whether any person at the premises is
practicing homeopathic medicine without the appropriate license or certificate
issued pursuant to the provisions of this chapter.
(Added to NRS by 2013, 2217)
NRS 630A.560 Prosecution of violators; employment of investigators. In a manner consistent with the provisions of chapter 622A of NRS, the Board is authorized
to prosecute all persons guilty of violation of the provisions of this chapter
and may employ investigators and such other assistants as may be necessary to
carry out the provisions of this chapter and chapter
622A of NRS, but any expenses so incurred must not be paid out of the State
General Fund.
(Added to NRS by 1983, 1491; A 2005, 765)
NRS 630A.570 Injunctive relief against person practicing without license or
certificate.
1. The Board through its President or
Secretary-Treasurer or the Attorney General may maintain in any court of
competent jurisdiction a suit for an injunction against any person or persons
practicing homeopathic medicine without a license or practicing as an advanced
practitioner of homeopathy or as a homeopathic assistant without the
appropriate certificate.
2. Such an injunction:
(a) May be issued without proof of actual damage
sustained by any person, this provision being a preventive as well as a
punitive measure.
(b) Does not relieve such person from criminal
prosecution for practicing without a license or certificate.
(Added to NRS by 1983, 1491; A 1995, 2800; 2013, 594)
NRS 630A.580 Sufficiency of allegations of complaint seeking injunctive
relief. In seeking injunctive
relief against any person for an alleged violation of this chapter by
practicing homeopathic medicine without a license or practicing as an advanced
practitioner of homeopathy or as a homeopathic assistant without the
appropriate certificate, it is sufficient to allege that the person did, upon a
certain day, and in a certain county of this State, engage in the practice of
homeopathic medicine or in the practice of an advanced practitioner of
homeopathy or of a homeopathic assistant without having the appropriate license
or certificate to do so, without alleging any further or more particular facts
concerning the matter.
(Added to NRS by 1983, 1491; A 1987, 2073; 1995, 2800; 2013, 594)
NRS 630A.590 Penalty for certain violations. A
person who:
1. Presents to the Board as his or her own
the diploma, license, certificate or credentials of another;
2. Gives either false or forged evidence
of any kind to the Board;
3. Practices homeopathic medicine or
practices as an advanced practitioner of homeopathy or as a homeopathic
assistant under a false or assumed name; or
4. Except as otherwise provided in NRS 629.091, or unless a greater penalty
is provided pursuant to NRS 200.830 or 200.840, practices homeopathic medicine or
practices as an advanced practitioner of homeopathy or as a homeopathic
assistant without being appropriately licensed or certified under this chapter,
Ê is guilty of
a category D felony and shall be punished as provided in NRS 193.130.
(Added to NRS by 1983, 1492; A 1985, 311; 1987, 2073; 1995, 750, 1310, 1333, 2800; 2013, 594, 995)
NRS 630A.600 Penalty for practicing without license or certificate.
1. Except as otherwise provided in NRS 629.091, a person who practices
homeopathic medicine or who practices as an advanced practitioner of homeopathy
or as a homeopathic assistant without the appropriate license or certificate
issued pursuant to this chapter is guilty of a category D felony and shall be
punished as provided in NRS 193.130,
unless a greater penalty is provided pursuant to NRS 200.830 or 200.840.
2. In addition to any other penalty
prescribed by law, if the Board determines that a person is practicing homeopathic
medicine without a license or certificate issued pursuant to this chapter, the
Board may:
(a) Issue and serve on the person an order to
cease and desist until the person obtains from the Board the proper license or
certificate or otherwise demonstrates that he or she is no longer in violation
of subsection 1. An order to cease and desist must include a telephone number
with which the person may contact the Board.
(b) Issue a citation to the person. A citation
issued pursuant to this paragraph must be in writing, describe with
particularity the nature of the violation and inform the person of the
provisions of this paragraph. Each activity in which the person is engaged
constitutes a separate offense for which a separate citation may be issued. To appeal
a citation, the person must submit a written request for a hearing to the Board
not later than 30 days after the date of issuance of the citation.
(c) Assess against the person an administrative
fine of not more than $5,000.
(d) Impose any combination of the penalties set
forth in paragraphs (a), (b) and (c).
(Added to NRS by 1983, 1492; A 1995, 750, 1310, 1333, 2801; 2013, 594, 995, 2218)
