Nac: Chapter 634 - Chiropractic


Published: 2015

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[Rev. 8/17/2015 10:33:15 AM]

[NAC-634 Revised Date: 8-15]

CHAPTER 634 - CHIROPRACTIC

GENERAL PROVISIONS

634.110            Definitions.

634.111            “Advertisement” defined.

634.112            “Ancillary services” defined.

634.113            “Applicant” defined.

634.114            “Board” defined.

634.116            “Certificate” defined.

634.117            “Chiropractor’s assistant” defined.

634.119            “Direct supervision” defined.

634.1195          “Good standing” defined.

634.121            “Licensee” defined.

634.124            “Referral bureau” defined.

634.125            Severability of provisions.

CHIROPRACTIC PHYSICIANS’ BOARD OF NEVADA

634.130            Regular meetings.

634.140            Election of officers.

FEES

634.200            Amount; refunds.

634.210            Methods of payment.

634.215            Fee for issuance of license: Time

for payment; failure to pay.

LICENSING AND CERTIFICATION

Examinations

634.220            Fingerprinting and investigation of

applicants.

634.290            Examinations required for

licensure; passing score.

634.300            Examinations for licensure: Period

for taking; failure to pass; failure to appear.

634.305            Examination for certification as

chiropractor’s assistant.

634.311            Retention and destruction of

records.

634.320            Authorized persons in waiting area;

conduct of applicant.

634.330            Cheating by applicants.

Preceptor Program

634.331            Definitions.

634.333            “Preceptor” defined.

634.334            “Student” defined.

634.335            Establishment.

634.336            Application procedure for student;

eligibility requirements.

634.337            Application procedure for licensee;

requirements to act as preceptor.

634.338            Preceptor agreement: Form;

contents; required provisions.

634.339            Duties of preceptor; scope of

authorized activities of student.

634.341            Student providing chiropractic

services: Notice to patient; duties of preceptor.

634.342            Identification as student.

634.343            Continued professional relationship

between student and preceptor.

634.347            Disciplinary action.

Chiropractor’s Assistants

634.3475          “Detrimental to the best interests

of the public” interpreted.

634.348            Performance of ancillary services.

634.350            Application for certification:

Filing; requirements; expiration; waiver of requirements.

634.355            Certification: Additional

requirements; waiver of requirements.

634.357            Adherence to standards of practice;

duties to recognize and respond to emergencies and demonstrate professionalism.

634.360            Employment and training as

chiropractor’s assistant trainee.

Miscellaneous Provisions

634.366            Requirements to practice chiropractic

or provide services relating to chiropractic; report to Board of any other

license, certificate or registration as provider of health care.

634.3665          Requirements to perform

manipulation on patient under anesthesia.

634.367            Temporary license: Authorized acts.

634.368            Practice by applicant waiting to

take examination.

634.370            Replacement of lost, stolen or

mangled license or certificate.

634.373            Registration and change of name or

Internet address of practice.

634.375            Notification of Board of change of

name.

634.380            Notification of Board regarding

address of legal residence and mailing address.

634.383            Notification of Board of practice

in mobile chiropractic office.

634.385            Continuing education of licensees

and holders of certificates.

634.390            Voluntary surrender of license or

certificate; complaint.

STANDARDS OF PRACTICE

634.410            Conduct on premises.

634.412            Competence.

634.415            Supervision of others by licensee.

634.419            Authorization of person to provide

other services for patients in office of licensee.

634.423            Authorization of person to work in

chiropractic practice for training and education.

634.425            Reports to Board of certain

judgments, settlements and convictions.

634.430            Unprofessional conduct:

Interpretation of statutory definition.

634.435            Health care records.

634.445            Practice without maintaining

professional liability insurance: Written disclosures.

634.455            Chiropractor’s assistant: Display

of certificate.

634.460            Chiropractor’s assistant and

chiropractor’s assistant trainee: Prohibited acts.

ADVERTISING AND OTHER COMMUNICATIONS

634.515            Permissible information.

634.521            False or misleading communications.

634.525            Advertisements for electronic

media.

634.530            Advertisement of affiliation with

provider of health care.

634.536            Designation as licensee.

634.541            Inclusion of name of licensee or

referral bureau responsible for content.

634.545            Advertisement of affiliation with

research project.

634.550            Advertisement as expert or

specialist.

634.556            Advertisement of fees.

634.565            Advertisement of 24-hour service.

634.570            Inclusion of information in list or

directory of licensees or chiropractic offices.

PRACTICE BEFORE THE CHIROPRACTIC PHYSICIANS’ BOARD OF NEVADA

General Provisions

634.610            Scope and construction of

provisions; deviations.

Rules of Practice

634.615            Communications with Board.

634.620            Appearance and practice at

hearings.

634.625            Participation by staff of Board.

634.630            Pleadings: Generally.

634.635            Pleadings: Complaints.

634.645            Filing and service of documents.

634.650            Pleadings: Answer to notice of

charges; motions.

634.653            Declaratory orders and advisory

opinions.

634.660            Subpoenas.

634.665            Filing of briefs.

634.670            Computation of time; obtaining

information about proceedings.

Hearings

634.710            Persons presiding; resetting after

continuance; location.

634.715            Failure to appear.

634.720            Preliminary procedure.

634.725            Standards of conduct.

634.730            Testimony: Oath or affirmation

required.

634.735            Order of presentation.

634.740            Consolidation of proceedings.

634.745            Stipulations.

634.750            Rules of evidence.

634.755            Offer of proof.

634.760            Continuances.

634.765            Matters of official notice.

634.770            Transcripts.

634.775            Submission of matters for decision;

dissemination of orders.

ENFORCEMENT

634.810            Authority of Board.

 

GENERAL PROVISIONS

      NAC 634.110  Definitions. (NRS 634.030)  As used

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

defined in NAC 634.111 to 634.124,

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

     [Bd. of Chiropractic Exam’rs, Rule of Practice No. 3,

§§ 3.1 through 3.6, eff. 12-8-74]—(NAC A 7-29-88; A by Chiropractic Physicians’

Bd. by R030-98, 9-10-98; R101-08, 12-17-2008)

      NAC 634.111  “Advertisement” defined. (NRS 634.030)  “Advertisement”

includes, without limitation, calling cards, inside and outside signs,

stationery, listings in telephone and other directories, and advertisements in

newspapers, magazines and by electronic means, including, without limitation,

advertisements placed on the Internet.

     (Added to NAC by Chiropractic Physicians’ Bd. by R030-98,

eff. 9-10-98)

      NAC 634.112  “Ancillary services” defined. (NRS 634.030)  “Ancillary

services” means services related to the practice of chiropractic that a

chiropractor’s assistant is authorized to perform under the terms of the

certificate issued to him or her by the Board. The term does not include acts

that a chiropractor’s assistant is prohibited from performing pursuant to NAC 634.460.

     (Added to NAC by Chiropractic Physicians’ Bd. by R030-98,

eff. 9-10-98; A by R101-08, 12-17-2008)

      NAC 634.113  “Applicant” defined. (NRS 634.030)  “Applicant”

means a person who applies or petitions for any right or authority from the

Board.

     (Added to NAC by Chiropractic Physicians’ Bd. by R030-98,

eff. 9-10-98)

      NAC 634.114  “Board” defined. (NRS 634.030)  “Board”

means the Chiropractic Physicians’ Board of Nevada.

     (Added to NAC by Chiropractic Physicians’ Bd. by R030-98,

eff. 9-10-98)

      NAC 634.116  “Certificate” defined. (NRS 634.030)  “Certificate”

means a current certificate as a chiropractor’s assistant.

     (Added to NAC by Chiropractic Physicians’ Bd. by R030-98,

eff. 9-10-98; A by R101-08, 12-17-2008)

      NAC 634.117  “Chiropractor’s assistant” defined. (NRS 634.030)  “Chiropractor’s

assistant” means a person who holds a certificate as a chiropractor’s assistant

pursuant to NRS 634.123 and the

provisions of this chapter and who is dedicated to assisting in all permissible

aspects of chiropractic practice under the direct supervision and

responsibility of a chiropractic physician.

     (Added to NAC by Chiropractic Physicians’ Bd. by R030-98,

eff. 9-10-98; A by R150-13, 3-28-2014)

      NAC 634.119  “Direct supervision” defined. (NRS 634.030)  “Direct

supervision” means that the supervising licensee or licensed provider of health

care, as appropriate, is actually present in the chiropractic facility during

the period of supervision.

     (Added to NAC by Chiropractic Physicians’ Bd. by R030-98,

eff. 9-10-98)

      NAC 634.1195  “Good standing” defined. (NRS 634.030)  “Good

standing” with respect to a license to practice chiropractic means that the

license is not restricted by revocation, suspension or probation or otherwise

encumbered as specified by an order of the Board.

     (Added to NAC by Chiropractic Physicians’ Bd. by R101-08,

eff. 12-17-2008)

      NAC 634.121  “Licensee” defined. (NRS 634.030)  “Licensee”

means a chiropractic physician who is licensed by the Board pursuant to chapter 634 of NRS.

     (Added to NAC by Chiropractic Physicians’ Bd. by R030-98,

eff. 9-10-98)

      NAC 634.124  “Referral bureau” defined. (NRS 634.030)  “Referral

bureau” means a group of two or more licensees who practice in separate

locations, have a telephone number specifically designated for the referral

bureau and advertise or market themselves as a referral bureau.

     (Added to NAC by Chiropractic Physicians’ Bd. by R101-08,

eff. 12-17-2008)

      NAC 634.125  Severability of provisions. (NRS 634.030)  The

provisions of this chapter are hereby declared to be severable and the

invalidity of any rule, clause, sentence, paragraph or section of this chapter

does not affect the validity of the remainder.

     [Bd. of Chiropractic Exam’rs, Rule of Practice No. 10,

§ 10.3, eff. 12-8-74]—(NAC A 7-29-88)—(Substituted in revision for NAC 634.115)

CHIROPRACTIC PHYSICIANS’ BOARD OF NEVADA

      NAC 634.130  Regular meetings. (NRS 634.030, 634.040)  Regular

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

and time as the Board may specify.

     [Bd. of Chiropractic Exam’rs, Rule of Practice No. 2, §

2.2, eff. 12-8-74]

      NAC 634.140  Election of officers. (NRS 634.030)  The

Board will elect officers as required pursuant to NRS 634.030 at the first regular

meeting of the Board during each even-numbered year.

     (Added to NAC by Chiropractic Physicians’ Bd. by R030-98,

eff. 9-10-98)

FEES

      NAC 634.200  Amount; refunds. (NRS 634.030, 634.115, 634.135)

     1.  The Board will charge and collect the

following fees:

 

For an application for a license to practice chiropractic.............................................. $200.00

For an examination for a license to practice chiropractic.............................................. 125.00

For an application for, and the issuance of, a certificate

as a chiropractor’s assistant.. 100.00

For an application for a temporary license to practice

chiropractic pursuant to NRS 634.115.................................................................................................................................... 50.00

For an examination for a certificate as a chiropractor’s assistant.................................... 75.00

For the issuance of a license to practice chiropractic.................................................... 225.00

For the issuance of a temporary license to practice

chiropractic pursuant to NRS 634.115 50.00

For the biennial renewal of an active license to practice

chiropractic........................... 700.00

For the biennial renewal of an inactive license to practice

chiropractic........................ 250.00

For the biennial renewal of a certificate as a

chiropractor’s assistant........................... 120.00

For the restoration to active status of an inactive license

to practice chiropractic........ 300.00

For reinstating a license to practice chiropractic which has

been suspended or revoked 500.00

For reinstating a certificate as a chiropractor’s assistant

which has been suspended or revoked.................................................................................................................................... 70.00

For reinstating an inactive license to practice chiropractic

which has been suspended or revoked..................................................................................................................... 200.00

For a review of any subject on the examination.............................................................. 25.00

For the issuance of a duplicate license or certificate or

for changing the name on a license or certificate.................................................................................................................... 35.00

For written verification of licensure or issuance of a

certificate of good standing......... 25.00

For providing a list of persons who are licensed to practice

chiropractic to a person who is not licensed to practice chiropractic................................................................................. 25.00

For providing a list of persons who were licensed to

practice chiropractic following the most recent examination of the Board to a

person who is not licensed to practice chiropractic.................................................................................................................................... 10.00

For a set of mailing labels containing the names and

addresses of the persons who are licensed to practice chiropractic in this

State........................................................................... 35.00

For a check which is made payable to the Board that is

dishonored upon presentation for payment...................................................................................................................... 25.00

For providing a copy of the statutes, regulations and other

rules governing the practice of chiropractic in this State............................................................................................. 25.00

For each page of a list of continuing education courses

which have been approved by the Board............................................................................................................................ 0.50

For a review by the Board of a course offered by a

chiropractic school or college or a course of continuing education in

chiropractic...................................................................... 50.00

 

     2.  The fees set forth in this section are

not refundable.

     (Added to NAC by Bd. of Chiropractic Exam’rs, eff. 11-23-93;

A by Chiropractic Physicians’ Bd. by R030-98, 9-10-98; R095-03, 10-22-2003;

R140-05, 11-17-2005; R101-08, 12-17-2008; R150-13, 3-28-2014)

      NAC 634.210  Methods of payment. (NRS 634.030)  Payment

of fees and remittances made to the Board by money order, bank draft or check

must be made payable to the Chiropractic Physicians’ Board of Nevada.

Remittances in currency or coin are made wholly at the risk of the sender, and

the Board assumes no responsibility for their loss. Postage stamps will not be

accepted as payment.

     [Bd. of Chiropractic Exam’rs, Rule of Practice No. 2, §

2.4, eff. 12-8-74]—(NAC A 7-29-88; A by Chiropractic Physicians’ Bd. by R030-98,

9-10-98)

      NAC 634.215  Fee for issuance of license: Time for payment; failure to pay. (NRS 634.030)

     1.  An applicant for a license to practice

chiropractic in this State must pay the fee for the issuance of a license to

practice chiropractic required pursuant to NAC 634.200

within 1 year after he or she has satisfied all the requirements for licensure

set forth in this chapter and chapter 634

of NRS, other than the payment of the fee for the issuance of the license.

     2.  If such an applicant does not pay the fee

for the issuance of a license to practice chiropractic in the period set forth

in subsection 1, he or she:

     (a) Shall be deemed to have withdrawn the

application; and

     (b) Must reinitiate the application process if he

or she wishes to apply for a license at a later date.

     (Added to NAC by Chiropractic Physicians’ Bd. by R095-03,

eff. 10-22-2003)

LICENSING AND CERTIFICATION

Examinations

      NAC 634.220  Fingerprinting and investigation of applicants. (NRS 634.030)  Each

applicant for examination must:

     1.  Submit one set of his or her fingerprints

on a standard fingerprint card with his or her application and pay any

associated costs; and

     2.  Agree to a background investigation.

     [Bd. of Chiropractic Exam’rs, Art. XV § 4, eff. 8-27-76;

A 11-28-79]—(NAC A 11-23-93; A by Chiropractic Physicians’ Bd. by R030-98, 9-10-98;

R150-13, 3-28-2014)

      NAC 634.290  Examinations required for licensure; passing score. (NRS 634.030, 634.070)

     1.  Except as otherwise provided in this

section and in addition to the subjects of examination set forth in NRS 634.070, an applicant for a

license to practice chiropractic in Nevada must pass:

     (a) Part IV of the examination administered by the

National Board of Chiropractic Examiners;

     (b) An examination on the statutes and regulations

of this State which are related to the practice of chiropractic, other than

those set forth in this chapter and chapter

634 of NRS; and

     (c) Any other subject or examination that the Board

determines to be necessary. An examination required by the Board pursuant to

this paragraph may include, without limitation, an examination on clinical

rationale.

     2.  An applicant who has actively practiced

chiropractic in another state in accordance with subparagraph (2) of paragraph

(c) of subsection 1 of NRS 634.090

may, in lieu of passing Part IV of the examination administered by the National

Board of Chiropractic Examiners, pass the Special Purposes Examination for

Chiropractic prepared by the National Board of Chiropractic Examiners.

     3.  To pass a subject or examination required

pursuant to NRS 634.070 or this

section, an applicant for a license to practice chiropractic in Nevada must

receive a score of at least 75 percent for a closed-book examination and a

score of at least 90 percent for an open-book examination.

     (Added to NAC by Chiropractic Physicians’ Bd. by R030-98,

eff. 9-10-98; A by R150-13, 3-28-2014)

      NAC 634.300  Examinations for licensure: Period for taking; failure to pass;

failure to appear. (NRS 634.030)

     1.  Except as otherwise provided in

subsection 2 and NAC 634.215:

     (a) If a person applies for a license to practice

chiropractic in Nevada, the application remains open for 1 year after the date

of the first examination that the person is eligible to take.

     (b) During the period in which an application is

open, an applicant may take any required examination twice.

     (c) If an applicant does not, on the first attempt,

pass an examination that is administered by the Board, the applicant may retake

the examination one time without paying an additional fee.

     2.  If an applicant provides evidence

satisfactory to the Board that the applicant failed to appear for an

examination because of exceptional circumstances, the Board may:

     (a) Allow the applicant to take the next scheduled

examination without the payment of an additional fee; and

     (b) If necessary, extend the period during which

the application is open.

     3.  If an applicant for a license to practice

chiropractic fails on two occasions to pass any portion of the examinations

administered pursuant to NRS 634.070,

the applicant shall:

     (a) Refrain from supervised practice; or

     (b) Submit a new application for examination in

accordance with NRS 634.080.

     4.  An applicant for a license to practice

chiropractic who fails to appear for examination within 1 year after being

first qualified therefor:

     (a) Shall be deemed to have withdrawn his or her

application; and

     (b) Forfeits the application fee.

Ê If the applicant

applies thereafter for a license, he or she must establish eligibility for that

license in accordance with the provisions of this chapter and chapter 634 of NRS.

     (Added to NAC by Bd. of Chiropractic Exam’rs, eff. 11-23-93;

A by Chiropractic Physicians’ Bd. by R030-98, 9-10-98; R095-03, 10-22-2003)

      NAC 634.305  Examination for certification as chiropractor’s assistant. (NRS 634.030)

     1.  At least once each year, the Board will

administer an examination to applicants for a certificate as a chiropractor’s

assistant.

     2.  The examination will consist of the

following subjects, including, without limitation:

     (a) Radiographic technology, protection, quality

control and positioning of the patient;

     (b) Ancillary procedures and applications relating

to chiropractic; and

     (c) The provisions of NRS and NAC that are related

to the practice of chiropractic.

     3.  An applicant who receives a score of at

least 75 percent on the examination is entitled to a certificate as a

chiropractor’s assistant.

     4.  If an applicant fails to receive a score

of at least 75 percent on the examination the first time he or she takes the

examination, the applicant may retake the examination within 1 year without

payment of an additional fee.

     5.  If an applicant who receives training and

employment as a chiropractor’s assistant trainee pursuant to subparagraph (2)

of paragraph (a) of subsection 2 of NAC 634.355

fails to receive a score of at least 75 percent on the examination after two

attempts and wishes to continue working as a chiropractor’s assistant trainee,

the supervising licensee must, within 30 days after the date of the notice from

the Board of the results of the examination, submit a plan for additional

training to the Board. The chair of the test committee will:

     (a) Approve or deny the plan; and

     (b) Determine whether the chiropractor’s assistant

trainee may continue working as a chiropractor’s assistant trainee.

     6.  If, pursuant to paragraph (b) of

subsection 5, the chair of the test committee determines that a chiropractor’s

assistant trainee may continue working as a chiropractor’s assistant trainee,

the chiropractor’s assistant trainee may continue working as a chiropractor’s

assistant trainee if he or she:

     (a) Pursuant to NAC 634.350,

submits a new application for a certificate as a chiropractor’s assistant and

pays the required fee; and

     (b) Provides the chair of the test committee with

proof that the chiropractor’s assistant trainee is enrolled in an educational

course in a subject described in subsection 2.

     7.  If a chiropractor’s assistant trainee who

has submitted an application pursuant to paragraph (a) of subsection 6 fails to

pass any portion of the examination after two attempts, the chiropractor’s

assistant trainee shall not work as a chiropractor’s assistant trainee until

the chiropractor’s assistant trainee has passed all the portions of the

examination.

     8.  An applicant for a certificate as a

chiropractor’s assistant who fails on two occasions to appear for an

examination that he or she has been scheduled to take:

     (a) Shall be deemed to have withdrawn his or her

application;

     (b) Forfeits any application fees paid to the

Board; and

     (c) Must, if he or she has been receiving training

and employment as a chiropractor’s assistant trainee pursuant to subparagraph

(2) of paragraph (a) of subsection 2 of NAC 634.355,

cease working as a chiropractor’s assistant trainee.

Ê If the

applicant applies thereafter for a certificate, the applicant must establish

eligibility for the certificate in accordance with the provisions of this

chapter and chapter 634 of NRS.

     9.  As used in this section, “chair of the

test committee” means the member of the Board who is assigned by the Board to

serve as the chair of the committee that is created by the Board to administer

an examination to applicants for a certificate as a chiropractor’s assistant.

     (Added to NAC by Bd. of Chiropractic Exam’rs, eff. 5-13-82;

A 1-31-94; A by Chiropractic Physicians’ Bd. by R030-98, 9-10-98; R095-03, 10-22-2003;

R014-10, 5-5-2011)

      NAC 634.311  Retention and destruction of records. (NRS 634.030)

     1.  Except as otherwise provided in this

section, the Board:

     (a) May destroy the records of examination for a

successful applicant not earlier than 90 days after granting a license to the

applicant.

     (b) Will retain the records of examination for an

unsuccessful applicant until the examination has been given two additional

times.

     2.  The Board may extend the period of

retention for records of examination for good cause shown.

     (Added to NAC by Bd. of Chiropractic Exam’rs, eff. 11-23-93)

      NAC 634.320  Authorized persons in waiting area; conduct of applicant. (NRS 634.030)  During

the examination of applicants for licensing as chiropractic physicians or for

certification as chiropractor’s assistants, only members of the Board, testing

consultants, examination proctors, applicants and persons requested by the

Board will be allowed in the waiting area for applicants or in the room in

which the examination is given. An applicant may not:

     1.  Communicate with any person while he or

she is in the waiting area, halls or restrooms;

     2.  Leave the waiting area without the

permission of a member of the Board, a testing consultant or an examination

proctor; or

     3.  Bring any written or recorded material

relating to the practice of chiropractic into the examination facility.

     [Bd. of Chiropractic Exam’rs, Art. XV § 1, eff. 8-27-76;

A 11-28-79]—(NAC A 7-29-88; A by Chiropractic Physicians’ Bd. by R030-98, 9-10-98;

R101-08, 12-17-2008)

      NAC 634.330  Cheating by applicants. (NRS 634.030)  Any

applicant who is found to be cheating during an examination:

     1.  Will be required to leave immediately;

     2.  Shall immediately cease providing clinical

services in a chiropractic practice and may not provide clinical services in a

chiropractic practice for 2 years after the date of the examination from which

he or she was dismissed;

     3.  Will not be permitted to take an

examination for 2 years after the date of the examination from which he or she

was dismissed; and

     4.  Must file a new application after the

passage of the 2-year period described in subsections 2 and 3 before he or she

will be permitted to take the examination again.

     [Bd. of Chiropractic Exam’rs, Art. XV § 2, eff. 8-27-76;

A 11-28-79]—(NAC A 7-29-88; A by Chiropractic Physicians’ Bd. by R150-13, 3-28-2014)

Preceptor Program

      NAC 634.331  Definitions. (NRS 634.030, 634.137)  As used

in NAC 634.331 to 634.347,

inclusive, unless the context otherwise requires, the words and terms defined

in NAC 634.333 and 634.334

have the meanings ascribed to them in those sections.

     (Added to NAC by Chiropractic Physicians’ Bd. by R004-12,

eff. 11-1-2012)

      NAC 634.333  “Preceptor” defined. (NRS 634.030, 634.137)  “Preceptor”

means a licensee who has been approved by the Board to participate in the

preceptor program.

     (Added to NAC by Chiropractic Physicians’ Bd. by R004-12,

eff. 11-1-2012)

      NAC 634.334  “Student” defined. (NRS 634.030, 634.137)  “Student”

means a person who is enrolled in a college of chiropractic.

     (Added to NAC by Chiropractic Physicians’ Bd. by R004-12,

eff. 11-1-2012)

      NAC 634.335  Establishment. (NRS 634.030, 634.137)  The

Board hereby establishes the preceptor program required by NRS 634.137 as set forth in NAC 634.331 to 634.347,

inclusive.

     (Added to NAC by Chiropractic Physicians’ Bd. by R004-12,

eff. 11-1-2012)

      NAC 634.336  Application procedure for student; eligibility requirements. (NRS 634.030, 634.137, 634.1375)  A

student who wishes to participate in the preceptor program must submit to the

Board an application for approval to participate in the preceptor program. The

application must include, without limitation:

     1.  Written proof, which may include a

preliminary transcript, from the college of chiropractic at which the student

is enrolled that the student:

     (a) Has successfully completed all the didactic

course work required by the college of chiropractic to consider the student

enrolled in his or her final academic year;

     (b) Is in good standing with the college of

chiropractic; and

     (c) Has completed the hours of clinical work

required by the college of chiropractic to qualify the student to participate

in the preceptor program.

     2.  A copy of a written agreement entered

into pursuant to NAC 634.338 evidencing that the

student has been accepted to practice chiropractic under the supervision of a

preceptor.

     3.  The date on which the student will

commence his or her practice of chiropractic as a participant in the preceptor

program.

     4.  The date by which the student will end

his or her practice of chiropractic as a participant in the preceptor program,

which must be not later than 1 year after the date of commencement of the

practice.

     5.  Each address at which the student may

perform chiropractic services.

     6.  A written acknowledgment that the student

has read and understands the laws of this State relating to the practice of

chiropractic.

     7.  A waiver of confidentiality which

authorizes the Board to obtain information from the college of chiropractic at

which the student is enrolled to verify that the student is qualified to

practice chiropractic as a participant in the preceptor program.

     (Added to NAC by Chiropractic Physicians’ Bd. by R004-12,

eff. 11-1-2012)

      NAC 634.337  Application procedure for licensee; requirements to act as

preceptor. (NRS

634.030, 634.137, 634.1379)

     1.  A licensee who wishes to act as a

preceptor must submit to the Board an application for approval to participate

in the preceptor program. The application must include, without limitation:

     (a) Proof satisfactory to the Board that the

licensee maintains malpractice insurance in an amount not less than $1,000,000

per occurrence and not less than $3,000,000 in the aggregate;

     (b) Written evidence that the licensee has been

accepted to serve as a preceptor by the college of chiropractic at which the

student who will be supervised by the licensee is enrolled; and

     (c) Proof satisfactory to the Board that the

licensee meets the requirements set forth in subsection 2.

     2.  A licensee who applies to participate in

the preceptor program must have not less than 5 years of experience as a

licensed chiropractor, at least 2 years of which must have been as a

chiropractor licensed to practice chiropractic in Nevada.

     3.  In determining whether to approve an

application to participate in the preceptor program submitted by a licensee,

the Board will review the disciplinary history of the licensee.

     (Added to NAC by Chiropractic Physicians’ Bd. by R004-12,

eff. 11-1-2012)

      NAC 634.338  Preceptor agreement: Form; contents; required provisions. (NRS 634.030, 634.137)

     1.  A student and the preceptor who will

supervise the student during his or her participation in the preceptor program

must enter into an agreement before the student may commence the practice of

chiropractic as a participant in the preceptor program.

     2.  The written agreement must include,

without limitation:

     (a) A statement acknowledging that all work

performed by the student must be done only at the direction of and under the

direct supervision of the preceptor;

     (b) A statement by the preceptor in which he or she

agrees to take full liability and responsibility for any work performed by the

student;

     (c) A statement by the preceptor that he or she

will not authorize the student to perform any act which is prohibited by NAC 634.339;

     (d) A statement by the student that he or she will

not perform any act which is prohibited by NAC 634.339;

     (e) A statement setting forth the commencement date

and end date of the period during which the student may perform chiropractic

under the supervision of the preceptor; and

     (f) An acknowledgment that the student will not

practice chiropractic for more than 40 hours during any week in which the

student participates in the preceptor program.

     3.  If a student will be supervised by more

than one preceptor, each preceptor who intends to supervise the student must be

approved by the Board and enter into an agreement with the student pursuant to

this section.

     (Added to NAC by Chiropractic Physicians’ Bd. by R004-12,

eff. 11-1-2012)

      NAC 634.339  Duties of preceptor; scope of authorized activities of student. (NRS 634.030, 634.137)

     1.  In supervising a student who is

participating in the preceptor program, a preceptor:

     (a) Shall ensure that the student is exposed to and,

within the discretion of the preceptor and except as otherwise provided in

subsection 2, is allowed to perform all aspects of chiropractic as practiced by

the preceptor;

     (b) Shall assume all responsibility and liability

for all acts performed by the student;

     (c) Shall notify the Board within 15 business days

after the termination of the student’s participation in the preceptor program;

and

     (d) Shall not supervise more than one student.

     2.  A student who participates in the

preceptor program shall not:

     (a) Diagnose the condition of a patient without the

written concurrence of the preceptor, which must be documented in the health

care record of the patient;

     (b) Establish a plan of treatment or prognosis for

a patient without the written concurrence of the preceptor, which must be

documented in the health care record of the patient;

     (c) Perform any service except at the direction of

and under the direct supervision of the preceptor;

     (d) Practice chiropractic more than 40 hours during

any week in which the student participates in the preceptor program; or

     (e) Bill independently of the preceptor for any

service rendered.

     (Added to NAC by Chiropractic Physicians’ Bd. by R004-12,

eff. 11-1-2012)

      NAC 634.341  Student providing chiropractic services: Notice to patient;

duties of preceptor. (NRS 634.030, 634.137)

     1.  Before a student who participates in the

preceptor program provides chiropractic services to a patient:

     (a) The preceptor shall inform the patient that the

patient will be receiving chiropractic services from a student pursuant to the

preceptor program. The preceptor shall obtain from the patient written consent

for the receipt of chiropractic services from a student.

     (b) The student or preceptor shall perform the

initial evaluation and assessment of the patient and develop the plan of

treatment for the patient. If the student:

          (1) Performs the initial evaluation or

assessment or develops the plan of treatment, the student may execute the plan

of treatment only after the preceptor has reviewed and initialed in the health

care record of the patient the evaluation, assessment or plan of treatment

developed by the student.

          (2) Observes or learns of a condition or issue

that was not contained in the original evaluation, assessment or plan of

treatment, the student shall immediately notify the preceptor of the condition

or issue.

          (3) Wishes to make a change or addition to the

plan of treatment of a patient, the student must obtain the concurrence of the

preceptor before making the change or addition.

     2.  The final assessment of the condition of

a patient must be conducted by a licensee.

     3.  The preceptor who supervises a student

shall review the health care records of a patient not less than once every

third visit of the patient to ensure that the student is performing the

chiropractic services as directed by the preceptor and is maintaining the

health care record of the patient in accordance with applicable law.

     (Added to NAC by Chiropractic Physicians’ Bd. by R004-12,

eff. 11-1-2012)

      NAC 634.342  Identification as student. (NRS 634.030, 634.137)  A

student who is providing chiropractic services pursuant to the preceptor

program shall wear a badge or other type of visible identification which

clearly identifies the student as a “student” or “student chiropractor.”

     (Added to NAC by Chiropractic Physicians’ Bd. by R004-12,

eff. 11-1-2012)

      NAC 634.343  Continued professional relationship between student and

preceptor. (NRS

634.030, 634.105, 634.137)  If a

student who participates in the preceptor program graduates from a college of

chiropractic and his or her participation in the preceptor program is

terminated, the student and a chiropractor may continue the professional

relationship pursuant to the provisions of NRS 634.105 if the student and the

chiropractor:

     1.  Submit a declaration to the Board of

their intent to continue the relationship after the termination of the

student’s participation in the preceptor program; and

     2.  Comply with all requirements for

authorization to perform chiropractic services pursuant to NRS 634.105 while the student is

waiting to take the Board’s examination, including, without limitation,

compliance with NAC 634.368.

     (Added to NAC by Chiropractic Physicians’ Bd. by R004-12,

eff. 11-1-2012)

      NAC 634.347  Disciplinary action. (NRS 634.030, 634.137, 634.140, 634.190)

     1.  The Board may place conditions upon the

issuance of a license to an applicant who participated in the preceptor program

if the Board determines that the applicant violated any provision of this

chapter or chapter 634 of NRS during

the applicant’s participation in the preceptor program.

     2.  The Board may take appropriate

disciplinary action against a licensee who participates in the preceptor

program, including, without limitation, disallowing the person from serving as

a preceptor, if the licensee or a student supervised by the licensee violates

any provision of this chapter or chapter

634 of NRS during the student’s participation in the preceptor program.

     (Added to NAC by Chiropractic Physicians’ Bd. by R004-12,

eff. 11-1-2012)

Chiropractor’s Assistants

      NAC 634.3475  “Detrimental to the best interests of the public” interpreted. (NRS 634.030)

     1.  As used in subsection 10 of NRS 634.018, the Board will

interpret the phrase “detrimental to the best interests of the public” as

applied to a chiropractor’s assistant to include, without limitation:

     (a) Unlawful disclosure of information about a

patient.

     (b) Willful or careless disregard for the health,

welfare or safety of patients, regardless of whether proof of actual injury is

established.

     (c) Engaging in any conduct or verbal behavior that

is inappropriately sexual with or towards a current patient.

     (d) Engaging in any conduct or verbal behavior that

is sexually or racially demeaning or offensive with or towards a current

patient.

     (e) Engaging in or soliciting sexual misconduct.

     (f) Engaging with a patient in a romantic or dating

relationship unless the patient is the spouse of the chiropractor’s assistant.

     (g) Use of protected or privileged information

obtained from a patient to the detriment of the patient.

     (h) Performing services which the chiropractor’s

assistant is not authorized to perform under the terms of a certificate issued

by the Board as provided by NRS

634.125.

     (i) Billing or charging a patient for the services

of the chiropractor’s assistant.

     (j) Intentionally causing physical or emotional injury

to a patient.

     (k) Aiding, abetting or assisting any person in

violating any provision of this chapter or chapter

634 of NRS.

     (l) Engaging in fraudulent or deceitful conduct in

the capacity of a chiropractor’s assistant.

     (m) Obtaining any certificate through fraud,

misrepresentation or deceit.

     (n) Impersonating an applicant or acting as a proxy

for the applicant in any examination.

     (o) Disclosing the contents of an examination given

by the Board or soliciting, accepting or compiling information regarding the

contents of an examination before, during or after the administration of an

examination given by the Board.

     (p) Failing to provide the Board or its agents with

any documents lawfully requested by the Board, whether by subpoena or

otherwise.

     (q) Failing to cooperate fully with the Board

during the course of an investigation.

     (r) Claiming or making representations of the

attainment of any academic degree or award not actually received.

     (s) Disobeying an order of the Board.

     (t) Splitting fees or giving or receiving a

commission in the referral of patients for services.

     (u) The suspension or revocation of a license or

certificate or other disciplinary action taken by another state against the

chiropractor’s assistant based on a license or certificate issued by that state

for an act that would constitute grounds for disciplinary action in this State.

A certified copy of the suspension, revocation or other disciplinary action

taken by another state against the chiropractor’s assistant based on a license

or certificate issued by that state is conclusive evidence of that action.

     (v) Performing a task for which the chiropractor’s

assistant has not been trained or which the chiropractor’s assistant is not

clinically competent to perform.

     2.  A supervising licensee is responsible for

all of the acts performed by a chiropractor’s assistant whom he or she

supervises. A supervising licensee may be subject to disciplinary action for

any violations of law or regulation committed by his or her chiropractor’s

assistant.

     3.  A supervising licensee shall notify the

Board in writing of any dismissal of a chiropractor’s assistant for cause

within 10 days after the dismissal.

     4.  A patient’s consent to, initiation of or

participation in sexual behavior or involvement in a romantic or dating

relationship with a chiropractor’s assistant does not excuse the conduct of the

chiropractor’s assistant.

     5.  As used in this section:

     (a) “Sexual misconduct” means:

          (1) Sexual relations between a chiropractor’s

assistant and a patient, regardless of whether the patient initiated or

consented to those sexual relations.

          (2) Conduct by a chiropractor’s assistant, in

regard to a patient, that is sexual in nature, sexually suggestive or sexually

demeaning to the patient.

          (3) The commission by a chiropractor’s

assistant of one or more of the offenses defined in NRS 200.368, 200.730, 201.210 and 201.220.

          (4) The use by a chiropractor’s assistant of

deception, misrepresentation or force for the purpose of engaging in sexual

conduct with a patient in:

               (I) A clinical setting; or

               (II) A setting that is used ordinarily

for the provision of chiropractic services.

Ê The term does

not include sexual conduct or sexual relations that take place between a

chiropractor’s assistant and his or her spouse or between a chiropractor’s

assistant and a person who was a patient after the chiropractor’s

assistant-patient relationship has been terminated for a reasonable time.

     (b) “Sexual relations” means:

          (1) Sexual intercourse.

          (2) Any touching of sexual or other intimate

parts of a person or causing such person to touch the sexual or other intimate

parts of the chiropractor’s assistant for the purpose of arousing or gratifying

the sexual desire of either the chiropractor’s assistant or the patient.

     (Added to NAC by Chiropractic Physicians’ Bd. by R150-13,

eff. 3-28-2014)

      NAC 634.348  Performance of ancillary services. (NRS 634.030, 634.125)

     1.  A person who desires to perform ancillary

services must obtain a certificate as a chiropractor’s assistant.

     2.  A person who holds a certificate as a chiropractor’s

assistant may perform ancillary services, including, without limitation:

     (a) Administering to patients by means of

physiotherapeutic equipment;

     (b) Taking and developing radiographs;

     (c) Assisting with the education of a patient

concerning his or her health;

     (d) Assisting a patient with exercise or

rehabilitation activities;

     (e) Taking the history of the health of a patient;

and

     (f) Assisting the supervising licensee with an

examination of a patient.

     3.  A person who holds a certificate as a

chiropractor’s assistant may take and develop radiographs only after the

supervising licensee has:

     (a) Determined that radiographs are appropriate for

the patient; and

     (b) Ordered the person to take and develop

radiographs for the patient.

     (Added to NAC by Chiropractic Physicians’ Bd. by R030-98,

eff. 9-10-98; A by R095-03, 10-22-2003; R101-08, 12-17-2008; R150-13, 3-28-2014)

      NAC 634.350  Application for certification: Filing; requirements; expiration;

waiver of requirements. (NRS 634.030, 634.123)

     1.  An applicant for a certificate as a

chiropractor’s assistant must file an application with the Board on a form

furnished by the Board and pay the required fee within 15 days after the date

on which the applicant has begun performing duties as a chiropractor’s

assistant. An applicant who has not begun performing duties as a chiropractor’s

assistant may file an application at any time after completing his or her

formal training required pursuant to NRS

634.123.

     2.  The application must set forth:

     (a) The date of the application.

     (b) The applicant’s date and place of birth and two

personal references based upon 5 years’ acquaintance.

     (c) The applicant’s name, age, social security

number, sex and current residence.

     (d) The name and mailing address of the applicant’s

current employer, if any.

     (e) If applicable, the date on which he or she was

hired to perform the duties of a chiropractor’s assistant.

     (f) Whether or not the applicant has ever applied

for certification as a chiropractor’s assistant in another state. If the

applicant has so applied, he or she must state when and where he or she applied

and the result of that application.

     (g) If the applicant has been certified in another

state, whether any proceeding to discharge, dismiss or discipline him or her or

other similar proceeding has ever been instituted against him or her and the

disposition of each such proceeding.

     3.  An application expires after 1 year.

     4.  For good cause shown, the Board may, at

its discretion, waive one or more of the requirements of this section.

     (Added to NAC by Bd. of Chiropractic Exam’rs, eff. 5-13-82;

A 11-23-93; A by Chiropractic Physicians’ Bd. by R030-98, 9-10-98; R095-03, 10-22-2003;

R034-05, 10-31-2005; R101-08, 12-17-2008)

      NAC 634.355  Certification: Additional requirements; waiver of requirements. (NRS 634.030, 634.123)

     1.  An applicant for a certificate as a

chiropractor’s assistant must, in addition to fulfilling the requirements of NAC 634.350, furnish evidence satisfactory to the

Board that he or she:

     (a) Is 18 years of age or older; and

     (b) Has received a score of at least 75 percent on

an examination administered by the Board on the provisions of NRS and NAC that

are related to the practice of chiropractic.

     2.  In addition to the requirements set forth

in subsection 1 and NAC 634.350, an applicant for a

certificate as a chiropractor’s assistant must furnish evidence satisfactory to

the Board that he or she:

     (a) Satisfies one of the following:

          (1) Is certified as a chiropractor’s assistant

by a program for chiropractor’s assistants that is approved by the Board; or

          (2) Has had 6 months of full-time, or 12

months of part-time, training and employment as a chiropractor’s assistant

trainee from a licensee.

     (b) Has received a score of at least 75 percent on

the examination for certification required pursuant to NAC

634.305.

     3.  Evidence of an applicant’s completion of

approved training pursuant to subparagraph (2) of paragraph (a) of subsection 2

must consist of a certification by each licensee who supervised the work and

training of the applicant.

     4.  The Board may, at its discretion:

     (a) Waive one or more of the requirements of this

section for good cause shown.

     (b) Upon receipt from an applicant of documentation

demonstrating that the applicant has received additional formal training,

education or experience, grant the applicant credit toward fulfilling the

requirements of subparagraph (2) of paragraph (a) of subsection 2.

     (Added to NAC by Bd. of Chiropractic Exam’rs, eff. 5-13-82;

A 7-29-88; 1-31-94; A by Chiropractic Physicians’ Bd. by R030-98, 9-10-98; R095-03,

10-22-2003; R034-05, 10-31-2005; R101-08, 12-17-2008; R150-13, 3-28-2014)

      NAC 634.357  Adherence to standards of practice; duties to recognize and

respond to emergencies and demonstrate professionalism. (NRS 634.030)  A

chiropractor’s assistant shall:

     1.  Adhere to the ethical and legal standards

of professional practice for chiropractors;

     2.  Recognize and respond to emergencies

arising in the course of chiropractic procedures; and

     3.  Demonstrate characteristics of

professionalism.

     (Added to NAC by Chiropractic Physicians’ Bd. by R150-13,

eff. 3-28-2014)

      NAC 634.360  Employment and training as chiropractor’s assistant trainee. (NRS 634.030, 634.123)

     1.  A person may not be employed and trained

for more than 15 days as a chiropractor’s assistant trainee for the purposes of

satisfying subparagraph (2) of paragraph (a) of subsection 2 of NAC 634.355 unless the person, within the first 15

days during which he or she performs any duties as a chiropractor’s assistant

trainee, applies to the Board by submitting a form provided by the Board.

     2.  Except as otherwise provided in

subsection 3, an applicant for a certificate as a chiropractor’s assistant who

completes training pursuant to subparagraph (2) of paragraph (a) of subsection

2 of NAC 634.355 shall, upon the completion of the

training:

     (a) Apply to the Board to sit for the next

scheduled examination; and

     (b) Submit the fees required by the Board pursuant

to NAC 634.200.

     3.  For good cause shown, the Board may, at

its discretion, extend the training period of a chiropractor’s assistant

trainee and authorize the trainee to take a later scheduled examination.

     (Added to NAC by Bd. of Chiropractic Exam’rs, eff. 11-23-93;

A by Chiropractic Physicians’ Bd. by R030-98, 9-10-98; R095-03, 10-22-2003;

R034-05, 10-31-2005; R101-08, 12-17-2008)

Miscellaneous Provisions

      NAC 634.366  Requirements to practice chiropractic or provide services

relating to chiropractic; report to Board of any other license, certificate or

registration as provider of health care. (NRS 634.030, 634.137)

     1.  Except as otherwise provided in NAC 634.360, a person may not practice chiropractic or

provide services relating to chiropractic to patients unless the person:

     (a) Is a licensee;

     (b) Holds a valid certificate as a chiropractor’s

assistant pursuant to NRS 634.123

and the provisions of this chapter;

     (c) Is authorized to perform chiropractic pursuant

to NRS 634.105 while waiting to

take the Board’s examination;

     (d) Holds a valid temporary license to practice

chiropractic pursuant to NRS 634.115;

     (e) Holds a valid license or certificate as a

provider of health care that is issued by an agency of this State pursuant to

one or more of the chapters of title 54 of NRS; or

     (f) Is a student who is authorized to perform

chiropractic pursuant to the preceptor program.

     2.  A licensee shall report to the Board any

other license, certificate or registration as a provider of health care he or

she obtains pursuant to a chapter of title 54 of NRS other than chapter 634 of NRS within 15 days after

the effective date of the license, certificate or registration.

     (Added to NAC by Chiropractic Physicians’ Bd. by R030-98,

eff. 9-10-98; A by R095-03, 10-22-2003; R101-08, 12-17-2008; R004-12, 11-1-2012)

      NAC 634.3665  Requirements to perform manipulation on patient under anesthesia.

(NRS

634.030)

     1.  A licensee shall not perform manipulation

on a patient under anesthesia unless the licensee performs the manipulation at

a medical facility or office described in subsection 2 and:

     (a) Has obtained certification to perform such

manipulation from:

          (1) A college of chiropractic that is

accredited by the Council on Chiropractic Education; or

          (2) Another program approved by the Board; or

     (b) Is enrolled in a program to obtain the

certification described in paragraph (a) at the time the manipulation is

performed and the licensee performs the manipulation under the direct

supervision of a qualified instructor approved by the Board.

     2.  The manipulation described in subsection

1 may be performed:

     (a) On a patient who is under general anesthesia or

deep sedation, only in a hospital or surgical center for ambulatory patients

that is licensed by the Division of Public and Behavioral Health of the

Department of Health and Human Services and accredited by:

          (1) The Joint Commission on Accreditation of

Healthcare Organizations; or

          (2) The National Committee for Quality

Assurance; or

     (b) On a patient who is under conscious sedation:

          (1) In a medical facility described in

paragraph (a); or

          (2) In the office of a physician licensed

pursuant to chapter 630 of NRS or

osteopathic physician licensed pursuant to chapter

633 of NRS who is currently certified by a specialty board of the American

Board of Medical Specialties in the specialty of anesthesiology, emergency

medicine or the management of pain, if the office is approved by the Board for

the administration, monitoring and control of conscious sedation by a licensee.

     3.  As used in this section:

     (a) “Conscious sedation” means a minimally

depressed level of consciousness, produced by a pharmacologic or

nonpharmacologic method, or a combination thereof, in which the patient retains

the ability independently and continuously to maintain an airway and to respond

appropriately to physical stimulation and verbal commands.

     (b) “Deep sedation” means a controlled state of

depressed consciousness, produced by a pharmacologic or nonpharmacologic

method, or a combination thereof, and accompanied by a partial loss of

protective reflexes and the inability to respond purposefully to verbal

commands.

     (c) “General anesthesia” means a controlled state

of unconsciousness, produced by a pharmacologic or nonpharmacologic method, or

a combination thereof, and accompanied by partial or complete loss of

protective reflexes and the inability independently to maintain an airway and

respond purposefully to physical stimulation or verbal commands.

     (d) “Hospital” has the meaning ascribed to it in NRS 449.012.

     (e) “Surgical center for ambulatory patients” has

the meaning ascribed to it in NRS

449.019.

     (Added to NAC by Chiropractic Physicians’ Bd. by R095-03,

eff. 10-22-2003; A by R034-05, 10-31-2005)

      NAC 634.367  Temporary license: Authorized acts. (NRS 634.030, 634.115)  A person

who is issued a temporary license pursuant to NRS 634.115 is authorized to:

     1.  Substitute for a licensee during a period

in which the licensee is:

     (a) On vacation; or

     (b) Unable to perform chiropractic services because

of illness, injury or military leave.

     2.  Perform chiropractic services for a

traveling sports or professional group.

     3.  Demonstrate and perform chiropractic

services as a visiting teacher of an educational seminar.

     4.  Perform chiropractic services in other

circumstances as the Board may approve.

     (Added to NAC by Chiropractic Physicians’ Bd. by R030-98,

eff. 9-10-98; A by R150-13, 3-28-2014)

      NAC 634.368  Practice by applicant waiting to take examination. (NRS 634.030, 634.105)

     1.  Except as otherwise provided in this

section, an applicant for a license to practice chiropractic may perform

chiropractic as specified in NRS

634.105 if:

     (a) His or her completed application is on file in

the office of the Board and he or she meets the requirements of NRS 634.090;

     (b) The fee for the application has been paid; and

     (c) The Board has approved a licensee to supervise

the applicant after receiving from that licensee a completed form that is

provided by the Board and which sets forth:

          (1) The fact of the applicant’s employment;

          (2) The date that the applicant is to begin

working for the supervising licensee;

          (3) A statement in which the supervising

licensee agrees to take responsibility for the applicant’s work;

          (4) The assurance of the supervising licensee

that chiropractic adjustments and manipulations performed by the applicant will

be performed under the direct supervision of the supervising licensee and any

act prohibited by subsection 5 will not be performed by the applicant; and

          (5) The statement required pursuant to

subsection 2.

     2.  The supervising licensee shall inform the

applicant of the provisions of this section, and the applicant must sign a

statement indicating that he or she has been so informed and understands the

provisions and agrees to comply with them. The statement must be in

substantially the following form:

 

     I, ...........................,

(name of applicant) am an applicant for a license to practice chiropractic who

is waiting to take the Board’s examination. I have been informed by my

supervising chiropractor .......................... (name of supervising

chiropractor) of the content of the provisions of NAC

634.368. I understand those provisions, and I agree that I will not perform

a chiropractic adjustment or manipulation except under the direct supervision

of my supervising chiropractor or any act prohibited by subsection 5 of NAC 634.368 during this supervisory period.

 

......................................                                                       .....................................................

              (date)                                                                               (signature

of applicant)

 

     3.  An applicant who works for a supervising

licensee under the provisions of this section and NRS 634.105 is not required to

apply for or obtain a certificate as a chiropractor’s assistant.

     4.  The supervising licensee shall notify the

Board within 5 business days after the applicant leaves his or her employ and

the date on which the applicant left such employ.

     5.  In addition to the prohibitions set forth

in NRS 634.105, an applicant

shall not:

     (a) Perform any service, except at the direction

and direct supervision of a licensee; or

     (b) Bill independently of the supervising licensee

for any service rendered.

     6.  Any violation of chapter 634 of NRS or this chapter by the

applicant constitutes grounds for the Board to:

     (a) Prohibit the applicant from taking the

examination for licensure or place conditions upon the issuance of a license to

the applicant; and

     (b) Take appropriate disciplinary action against

the supervising licensee.

     (Added to NAC by Bd. of Chiropractic Exam’rs, eff. 5-13-82;

A 11-23-93; A by Chiropractic Physicians’ Bd. by R030-98, 9-10-98; R095-03, 10-22-2003;

R014-10, 5-5-2011; R004-12, 11-1-2012; R150-13, 3-28-2014)—(Substituted in

revision for NAC 634.340)

      NAC 634.370  Replacement of lost, stolen or mangled license or certificate. (NRS 634.030)  A

licensee or holder of a certificate is entitled to a duplicate license or

certificate if the original license or certificate is lost, stolen or mangled.

Each request for a duplicate license or certificate must be accompanied by the

required fee and a signed written statement which sets forth the circumstances

concerning the need for the duplicate license or certificate. If the duplicate

license or certificate is requested to replace a mangled license or

certificate, the licensee or holder of the certificate shall submit the mangled

license or certificate with the request.

     (Added to NAC by Bd. of Chiropractic Exam’rs, eff. 11-23-93;

A by Chiropractic Physicians’ Bd. by R030-98, 9-10-98)

      NAC 634.373  Registration and change of name or Internet address of practice. (NRS 634.030)  A

licensee who operates or organizes a business, corporation, office, partnership

or practice for the purpose of providing chiropractic services shall:

     1.  Ensure that the name of the business,

corporation, office, partnership or practice is registered with the Board;

     2.  If the name of the business, corporation,

office, partnership or practice changes, provide the new name to the Board

within 15 days after the change; and

     3.  If the business, corporation, office,

partnership of practice maintains one or more websites, provide the Internet

address of the website to the Board within 15 days after the establishment or

change of the Internet address of one or more of its websites.

     (Added to NAC by Chiropractic Physicians’ Bd. by R030-98,

eff. 9-10-98; A by R150-13, 3-28-2014)

      NAC 634.375  Notification of Board of change of name. (NRS 634.030)  A

licensee or holder of a certificate who legally changes his or her name from

that which is currently registered with the Board or which appears on his or

her license or certificate:

     1.  Shall, within 15 days after the change,

provide the Board with the new name by submitting a written statement and legal

documentation of the change to the office of the Board; and

     2.  May obtain a replacement license or

certificate if he or she:

     (a) Complies with the provisions of subsection 1;

     (b) Remits the required fee; and

     (c) Returns his or her current license or

certificate to the Board.

     (Added to NAC by Bd. of Chiropractic Exam’rs, eff. 11-23-93;

A by Chiropractic Physicians’ Bd. by R030-98, 9-10-98)

      NAC 634.380  Notification of Board regarding address of legal residence and

mailing address. (NRS 634.030)

     1.  A chiropractic physician or

chiropractor’s assistant who is licensed or certified by the Board shall:

     (a) Provide the Board with the address of his or

her current legal residence; and

     (b) Notify the Board, in writing, of any change in

his or her legal residence within 15 days after the change.

     2.  In addition to providing the Board with

the address of each office where he or she practices pursuant to NRS 634.129, and the address of his

or her legal residence, a chiropractic physician or chiropractor’s assistant

may provide the number of a post office box which is to be used as his or her

mailing address.

     (Added to NAC by Bd. of Chiropractic Exam’rs, eff. 11-23-93;

A by Chiropractic Physicians’ Bd. by R030-98, 9-10-98; R101-08, 12-17-2008)

      NAC 634.383  Notification of Board of practice in mobile chiropractic office. (NRS 634.030)

     1.  A chiropractic physician or

chiropractor’s assistant who practices in a mobile chiropractic office shall

notify the Board of that fact within 15 days after beginning to practice in the

mobile chiropractic office.

     2.  As used in this section, “mobile

chiropractic office” means a self-contained, self-supporting, enclosed mobile

unit where one or more persons engage in the practice of chiropractic at

multiple locations, including, without limitation, within the mobile unit or at

a patient’s home, business or hotel room.

     (Added to NAC by Chiropractic Physicians’ Bd. by R101-08,

eff. 12-17-2008)

      NAC 634.385  Continuing education of licensees and holders of certificates. (NRS 634.030, 634.130)

     1.  Except as otherwise provided in

subsection 7, the Board may approve or endorse an educational class or a

seminar if it is designed to advance the professional skills and knowledge of

the chiropractic physicians licensed, or chiropractors’ assistants certified,

in this State for the purpose of ensuring an optimum quality of chiropractic

health care.

     2.  The Board may approve or endorse the

attendance by licensees or holders of certificates, in person or on-line, of an

educational seminar or seminars if:

     (a) The syllabus and curriculum of the instructors

of the seminar or seminars and the required fee are submitted to the Board;

     (b) The seminar or seminars provide instruction in

conformity with subsection 3 or 4 of NRS

634.130, as applicable;

     (c) The seminar or seminars concern the clinical

aspects of a practice or another topic that the Board determines to be in the

best interest of the public;

     (d) The sponsor of the seminar or seminars ensures

that each licensee and holder of a certificate who requests credit for

continuing education to satisfy the requirement set forth in subsection 3 or 4

of NRS 634.130, as applicable,

attends at least 50 minutes of each hour of instruction;

     (e) The seminar or seminars are sponsored by:

          (1) A chiropractic college which has been

accredited by:

               (I) The Council on Chiropractic

Education; or

               (II) Another educational entity that has

been approved by the Board;

          (2) A state chiropractic board or association;

          (3) The American Chiropractic Association, the

International Chiropractors Association or the successor of either;

          (4) A major hospital, as defined in NRS 439B.115; or

          (5) An accredited university or college; and

     (f) An original or a copy of a certificate of

attendance at the seminar or seminars is provided directly to the Board by the

sponsor, or licensee or holder of a certificate, as applicable, on or before

January 1 of each odd-numbered year before the issuance of a renewal

certificate.

     3.  As an alternative to the method of

approval and endorsement provided in subsection 2, the Board will approve and

endorse the attendance by licensees or holders of certificates, as applicable,

in person or on-line, of an educational seminar or seminars if the seminar or

seminars have been granted recognition status by the Providers of Approved

Continuing Education of the Federation of Chiropractic Licensing Boards.

     4.  The sponsor of the seminar or seminars

shall ensure that each licensee or holder of a certificate, as applicable,

attending that seminar is in attendance in a timely manner at the start of each

lecture. If the sponsor fails to maintain the proper monitoring procedure, such

failure may constitute grounds for the Board to withdraw its approval of a

current or future seminar or seminars hosted or arranged by that sponsor.

     5.  The sponsor of a seminar shall allow any

representative of the Board to attend all or part of the seminar in order to

monitor the content of the course or lecture and the procedures for taking

attendance. A representative who is taking the seminar to satisfy the

requirements of subsection 3 or 4 of NRS

634.130, as applicable, shall pay the full registration fee.

     6.  The sponsor of a seminar which has

received the approval of the Board shall report to the Board all changes in the

seminar as soon as possible.

     7.  Except as otherwise provided in this

subsection, the Board will not award credit for continuing education to a

licensee or holder of a certificate, as applicable, for an educational class or

seminar that is of a nonclinical nature, including, without limitation, an

educational class or seminar regarding the building or management of a

chiropractic practice. For the purposes of this subsection, an educational

class or seminar regarding proper billing procedures shall not be deemed to be

an educational class or seminar regarding the building or management of a

chiropractic practice.

     8.  The Board will not award credit for

continuing education to an instructor of an educational class or seminar unless

the instructor obtained from the Board approval for such credit before teaching

the educational class or seminar.

     9.  Continuing education hours earned through

the completion of a specific educational class or seminar may be counted only

once during a calendar year toward the hours of continuing education required

by subsection 3 or 4 of NRS 634.130,

as applicable, even if the licensee or holder of a certificate completes that

class or seminar more than once during that calendar year.

     10.  The Board will award credit for

continuing education to a licensee or a holder of a certificate for all

educational classes or seminars which are approved and endorsed by the Board

pursuant to this section and are attended by the licensee or holder of a certificate.

     [Bd. of Chiropractic Exam’rs, eff. 4-15-63; A 3-19-65;

3-12-71]—(NAC A 7-29-88; 1-31-94; A by Chiropractic Physicians’ Bd. by R030-98,

9-10-98; R034-05, 10-31-2005; R101-08, 12-17-2008; R014-10, 5-5-2011; R150-13,

3-28-2014)

      NAC 634.390  Voluntary surrender of license or certificate; complaint. (NRS 634.030)

     1.  If a licensee desires to surrender his or

her license to practice chiropractic or a chiropractor’s assistant desires to

surrender his or her certificate, the licensee or holder of the certificate

shall submit to the Board a sworn written statement of surrender of the license

or certificate accompanied by delivery to the Board of the actual license or

certificate issued to him or her. The Board will accept or reject the surrender

of the license or certificate. If the Board accepts the surrender of the

license or certificate, the surrender is absolute and irrevocable and the Board

will notify any agency or person of the surrender and the conditions under

which the surrender occurred, as the Board considers advisable.

     2.  The voluntary surrender of a license or

certificate or the failure to renew a license or certificate does not preclude

the Board from hearing a complaint for disciplinary action made against the

licensee or holder of the certificate.

     (Added to NAC by Chiropractic Physicians’ Bd. by R030-98,

eff. 9-10-98; A by R150-13, 3-28-2014)

STANDARDS OF PRACTICE

      NAC 634.410  Conduct on premises. (NRS 634.030)

     1.  A licensee is responsible for the conduct

of his or her employees and other persons subject to his or her supervision in

his or her place of practice and shall ensure that the conduct conforms to the

law and to the provisions of this chapter.

     2.  Sexual acts involving patients, patrons

or customers must not be permitted on the premises of any facility used by a

licensee for the practice of chiropractic.

     [Bd. of Chiropractic Exam’rs, Art. XII, eff. 3-14-73]—(NAC

A 7-29-88)

      NAC 634.412  Competence. (NRS 634.030)

     1.  A licensee shall maintain competence in:

     (a) The application of chiropractic; and

     (b) The production and interpretation of

radiographs.

     2.  In determining whether a licensee has

maintained competence in the production and interpretation of radiographs, the

Board will consider whether the licensee:

     (a) Produces radiographs that are of diagnostic

quality;

     (b) Uses appropriate techniques to protect a

patient in the taking of radiographs;

     (c) Ensures that the exposure of a patient to

radiation is based upon clinical necessity as documented by the record of that

patient;

     (d) Documents the interpretation of radiographs in

writing and maintains those written interpretations as a part of the record of

the patient to whom the radiographs pertain; and

     (e) Ensures that the radiographic equipment with

which radiographs are taken and produced:

          (1) Meets the specifications established by

the manufacturer for the safety and use of that equipment;

          (2) Is maintained properly; and

          (3) Is registered with and made available for

inspection by the Division of Public and Behavioral Health of the Department of

Health and Human Services pursuant to chapter 459

of NAC.

     (Added to NAC by Chiropractic Physicians’ Bd. by R030-98,

eff. 9-10-98; A by R095-03, 10-22-2003; R150-13, 3-28-2014)

      NAC 634.415  Supervision of others by licensee. (NRS 634.030, 634.137)  A

licensee who supervises:

     1.  A chiropractor’s assistant;

     2.  An applicant for a license to practice

chiropractic who is authorized to perform chiropractic pursuant to NRS 634.105;

     3.  A student who is authorized to perform

chiropractic pursuant to the preceptor program; or

     4.  Any other person who is subject to the

supervision of the licensee,

Ê shall ensure

that the person who is supervised complies with the provisions of this chapter

and chapter 634 of NRS, and shall make

all decisions relating to the diagnosis, treatment, management and future

disposition of a patient.

     (Added to NAC by Bd. of Chiropractic Exam’rs, eff. 7-29-88;

A by Chiropractic Physicians’ Bd. by R030-98, 9-10-98; R101-08, 12-17-2008;

R004-12, 11-1-2012)

      NAC 634.419  Authorization of person to provide other services for patients in

office of licensee. (NRS 634.030)

     1.  A licensee may authorize a person to

provide services for his or her patients in the office of the licensee, other

than chiropractic or clerical services, only if the licensee submits the

information required by subsection 2 to the Board, on a form prescribed by the

Board, at least 15 days before the person commences providing the services.

     2.  The form prescribed by the Board pursuant

to subsection 1 must include:

     (a) The name, business telephone number and license

number of the licensee;

     (b) The name of the person who will be providing

the services for the patients of the licensee;

     (c) The type of services that the person will be

providing for the patients of the licensee;

     (d) The address of the location at which the person

will be providing the services for the patients of the licensee;

     (e) The date on which the person will begin

providing the services for the patients of the licensee;

     (f) A statement indicating that the person will not

be providing chiropractic services, including, without limitation, taking

radiographs, and services that involve the use of physiotherapeutic equipment;

     (g) A statement indicating whether the person who

will be providing the services is an employee of the licensee or is retained by

the licensee as an independent contractor;

     (h) A copy of any license or certificate that

authorizes the person to provide the services that he or she will be providing

for the patients of the licensee;

     (i) A statement indicating that the licensee will

ensure that a copy of any license or certificate that is provided to the Board

pursuant to paragraph (h) is available to each patient of the licensee for whom

the person provides services; and

     (j) The signature of the licensee.

     3.  A licensee shall ensure that each

employee of the licensee who provides services for the patients of the licensee

in the office of the licensee, other than chiropractic or clerical services,

provides those services only under the direct supervision of the licensee.

     4.  A licensee who authorizes an independent

contractor to provide services in the office of the licensee pursuant to the

provisions of this section shall establish procedures which ensure that each

patient of the licensee to whom the independent contractor provides services is

notified that:

     (a) The independent contractor is not an employee

of the licensee;

     (b) The services provided by the independent

contractor in the office of the licensee are not provided under the supervision

or control of the licensee; and

     (c) The licensee will not bill the patient or the

insurance company of the patient for any services provided by the independent

contractor.

     5.  A licensee shall notify the Board within

15 days after an employee or independent contractor who is authorized pursuant

to this section to provide services to the patients of the licensee leaves the

employ of or is no longer retained by the licensee.

     (Added to NAC by Chiropractic Physicians’ Bd. by R140-05,

eff. 11-17-2005; A by R150-13, 3-28-2014)

      NAC 634.423  Authorization of person to work in chiropractic practice for

training and education. (NRS 634.030)  A

chiropractic physician may employ or otherwise allow a person to work in his or

her chiropractic practice for the purposes of training and education if:

     1.  The chiropractic physician has verified

that the person is enrolled in a program for the training of an assistant in a

health care field which allows for the person to participate in an externship

or internship as part of the program and the person is qualified by the program

to participate in the externship or internship;

     2.  The chiropractic physician has notified

the Board on a form provided by the Board that the person will be working in

the chiropractic physician’s practice as part of the person’s externship or

internship; and

     3.  The chiropractic physician and the person

enter into a written agreement of a duration of 90 days or less whereby:

     (a) The chiropractic physician identifies the tasks

or acts which the person may perform, all of which must be tasks or acts which

may be performed by a chiropractor’s assistant trainee;

     (b) The chiropractic physician acknowledges that he

or she will be responsible for any and all acts or tasks performed by the

person; and

     (c) The parties to the agreement acknowledge that

the duration of the agreement does not exceed 90 days.

     (Added to NAC by Chiropractic Physicians’ Bd. by R150-13,

eff. 3-28-2014)

      NAC 634.425  Reports to Board of certain judgments, settlements and

convictions. (NRS

634.030)

     1.  If a judgment is entered against him or

her in any court, or a settlement is reached, on a claim involving malpractice,

a licensee shall report that fact to the Board within 15 days. The licensee may

satisfy the provisions of this subsection if he or she provides the Board with

a copy of the judgment or settlement.

     2.  If a licensee or holder of a certificate

is convicted of any crime, other than a traffic violation, he or she shall

report that fact to the Board within 15 days after the conviction.

     3.  If a licensee or holder of a certificate

fails to report a judgment, settlement or conviction pursuant to this section,

he or she may be subject to disciplinary action pursuant to NRS 634.140 to 634.216, inclusive.

     (Added to NAC by Bd. of Chiropractic Exam’rs, eff. 7-29-88;

A 1-31-94; A by Chiropractic Physicians’ Bd. by R030-98, 9-10-98)

      NAC 634.430  Unprofessional conduct: Interpretation of statutory definition. (NRS 634.018, 634.030)

     1.  As used in subsection 10 of NRS 634.018, the Board will

interpret the phrase “conduct unbecoming a person licensed to practice

chiropractic or detrimental to the best interests of the public” to include,

without limitation:

     (a) Engaging in or soliciting sexual misconduct.

     (b) Performing any chiropractic service on a

patient who is under the age of 18 years without first obtaining the consent of

the parent or legal guardian of that patient if the consent is required

pursuant to NRS 129.030.

     (c) Performing manipulation on a patient under

anesthesia without complying with the requirements set forth in NAC 634.3665.

     (d) Entering into a financial agreement or making a

financial arrangement with a potential or existing patient as an inducement to

enter into or continue care. This paragraph does not prohibit a licensee from

providing complimentary chiropractic services to an existing patient.

     (e) Participating in any verbal or written

arrangement that involves capping or fee splitting.

     (f) Engaging in practices regarding the billing of

patients or the making of claims under a contract of insurance that are abusive

or fraudulent, or both, including, without limitation:

          (1) Billing patients or making claims under a

contract of insurance for chiropractic services that have not been performed.

          (2) Billing patients or making claims under a

contract of insurance in a manner which misrepresents the nature of the

chiropractic services that have been performed.

          (3) Submitting to patients or carriers of

insurance bills or claims which fail to disclose pertinent information or which

contain false information, including, without limitation:

               (I) Failing to disclose to a patient that

a bill has already been paid, in full or in part, by a carrier of insurance.

               (II) Failing to disclose to a carrier of

insurance that a claim has already been paid, in full or in part, by a

different carrier of insurance.

               (III) Stating falsely that the injury of

a patient is the result of an accident or work-related incident.

     (g) Engaging in a practice of waiving, abrogating

or rebating the deductible or copayment required to be paid by a policy of

insurance or a third party if the practice is used as a device for advertising

or marketing, or both.

     (h) Failing to make any report or record available

to the Board upon lawful request, failing to cooperate with any investigation

by the Board or knowingly giving false information to the Board.

     (i) Failing to make any report or record available

to another licensee, practitioner, patient or institution upon a lawful request

to do so in compliance with the provisions of chapter 629 of NRS.

     (j) Being delinquent in the payment of a judgment

for the payment of child support pursuant to chapter 425 of NRS or being subject to a

court order for the support of one or more children and not complying 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.

     (k) Being in default on the payment of a student

loan.

     (l) Violating the rules or regulations of a federal

program that relates to the practice of chiropractic.

     (m) Engaging in fraud, misrepresentation or

deception in any business affairs that relate to the practice of chiropractic.

     (n) Allowing a person to:

          (1) Perform chiropractic services; or

          (2) Engage in any aspect of the provision of

chiropractic care to patients,

Ê if that

person is not authorized to perform such services or provide such care pursuant

to this chapter and chapter 634 of

NRS. The prohibition set forth in this paragraph does not apply to a person who

is licensed or certified as a provider of health care pursuant to one or more

of the chapters of title 54 of NRS.

     (o) Engaging with a patient in a romantic or dating

relationship unless the patient is the spouse of the licensee.

     (p) Examining or treating the anus, breast or

genitalia of a patient without first:

          (1) Obtaining from the patient an informed

consent that refers to the specific procedures that will be performed on those

parts of the body of the patient; and

          (2) Making a note of such consent in the

record of the patient.

     (q) Violating a provision of a chapter of title 54

of NRS other than chapter 634 of NRS

pursuant to which the licensee holds a license or certificate as a provider of

health care.

     (r) Knowingly giving a false or factually

unsupported opinion in a peer review, records review, independent medical

examination or chiropractic examination for the purpose of reducing a payment

or reimbursement to a licensee for the care or treatment of a patient.

     (s) Failing to either post a written disclosure or

give a written disclosure to a patient and maintain the written disclosure

concerning a lack of maintaining professional liability insurance in accordance

with the requirements of NRS

634.1295 and NAC 634.445.

     (t) Practicing chiropractic while impaired by

alcohol, the use of illicit drugs, the unauthorized or improper use of a

prescription drug or controlled substance, or any known or diagnosed mental

illness or cognitive deficit.

     (u) Paying or receiving any remuneration in such a

manner and amount as would constitute a violation of 42 U.S.C. § 1320a-7b(b),

regardless of whether the patient for whom the remuneration is paid or received

is a patient under a federal health care program.

     2.  A patient’s consent to, initiation of or

participation in sexual behavior or involvement in a romantic or dating

relationship with a licensee does not excuse the conduct of the licensee.

     3.  As used in this section:

     (a) “Capping” means the use by a licensee of the

services of a person who is remunerated for referring to the licensee a new

patient who has been involved in a motor vehicle accident or who has been

injured as a result of the actions of another person.

     (b) “Fee splitting” means the acceptance of

remuneration by a licensee for referring a patient to another provider of

health care or a health care facility or the provision of remuneration by a

licensee for a referral to the business of the licensee.

     (c) “Sexual misconduct” means:

          (1) Sexual relations between a licensee and a

patient of that licensee, regardless of whether the patient initiated or

consented to those sexual relations.

          (2) Conduct by a licensee, in regard to a

patient, that is sexual in nature, sexually suggestive or sexually demeaning to

the patient.

          (3) The commission by a licensee of one or

more of the offenses defined in NRS

200.368, 200.730, 201.210 and 201.220.

          (4) The use by a licensee of deception, misrepresentation

or force for the purpose of engaging in sexual conduct with a patient in:

               (I) A clinical setting; or

               (II) A setting that is used ordinarily

for the provision of chiropractic services.

Ê The term does

not include sexual conduct or sexual relations that take place between a

licensee and his or her spouse or between a licensee and a person who was a

patient after the chiropractor-patient relationship has been terminated for a

reasonable time.

     (d) “Sexual relations” means:

          (1) Sexual intercourse.

          (2) Any touching of sexual or other intimate

parts of a person or causing such person to touch the sexual or other intimate

parts of the licensee for the purpose of arousing or gratifying the sexual

desire of either the licensee or the patient.

     (Added to NAC by Bd. of Chiropractic Exam’rs, eff. 7-29-88;

A 1-31-94; A by Chiropractic Physicians’ Bd. by R030-98, 9-10-98; R095-03, 10-22-2003;

R034-05, 10-31-2005; R140-05, 11-17-2005; R150-13, 3-28-2014)

      NAC 634.435  Health care records. (NRS 634.030)

     1.  In addition to the requirements set forth

in chapter 629 of NRS, a licensee

shall ensure that the health care records of his or her patients:

     (a) Include documentation of treatment of a

patient, as specified in subparagraph (3) of paragraph (e), within 72 hours

after that treatment;

     (b) Include documentation of information exchanged

with a patient within 72 hours after that exchange;

     (c) Are clear, legible, complete and accurate;

     (d) Remain confidential, where such confidentiality

is required by law;

     (e) Contain the following information:

          (1) A description of the chief complaint for

which the patient sought treatment from the licensee;

          (2) Documentation of any significant event

that affects the chief complaint of the patient or the general history of the

health of the patient; and

          (3) An accurate record of the diagnostic and

therapeutic procedures that the licensee has employed in providing chiropractic

services to the patient, including, without limitation:

               (I) Examinations and the results of those

examinations;

               (II) Diagnoses;

               (III) Plans for treatment of the patient,

including, without limitation, any changes in those plans and the reasons for

those changes;

               (IV) Areas of the body of the patient on

which the licensee has performed chiropractic adjustments;

               (V) Dates on which the licensee provided

chiropractic services to the patient; and

               (VI) A record of the response of the

patient to treatment; and

     (f) Are not altered without recordation of the date

and time of the alteration and the identity of the person who makes the

alteration, whether the records are made and maintained on paper or in a computer.

     2.  A licensee who obtains the records of a

patient of another licensee because of a change in the ownership of a practice

shall:

     (a) Report to the Board the transfer of the

records; and

     (b) Inform the Board, in writing, of the physical

location of those records within 15 days after the change in ownership of the

practice.

     3.  A licensee who retires, moves to another

state, closes his or her practice or changes the status of his or her license

from active to inactive shall, within 15 days after the retirement, move,

closure or change of status, inform the Board of the location at which the

records of his or her patients may be obtained.

     4.  The administrator of the estate of a

licensee who is deceased shall inform the Board of the location at which the

records of the patients of the deceased licensee will be retained.

     5.  As used in this section, “patient”

includes:

     (a) A member of the licensee’s family;

     (b) A relative of the licensee; and

     (c) A member of the licensee’s staff,

Ê to whom the licensee

provides chiropractic services.

     (Added to NAC by Bd. of Chiropractic Exam’rs, eff. 11-23-93;

A by Chiropractic Physicians’ Bd. by R030-98, 9-10-98; R014-10, 5-5-2011; R150-13,

3-28-2014)

      NAC 634.445  Practice without maintaining professional liability insurance:

Written disclosures. (NRS 634.030, 634.1295)

     1.  Each written disclosure that is posted by

a licensee pursuant to paragraph (a) of subsection 1 of NRS 634.1295 must:

     (a) Be printed in boldface capital letters on paper

that is at least 8 1/2 inches by 11 inches in size;

     (b) Not contain text that is smaller than a

42-point font or less than 1/2 inch in height; and

     (c) Be in substantially the following form:

 

IMPORTANT NOTICE TO MY

PATIENTS

     I, ........................... (NAME OF CHIROPRACTOR), DO

NOT MAINTAIN PROFESSIONAL LIABILITY INSURANCE.

 

     2.  Each written disclosure that is given to

a patient by a licensee pursuant to paragraph (b) of subsection 1 of NRS 634.1295 must:

     (a) Be printed in boldface letters on paper that is

at least 8 1/2 inches by 11 inches in size;

     (b) Be captioned in capital letters in text that is

not smaller than a 28-point font or less than 1/4 inch in height;

     (c) Not contain text that is smaller than an

18-point font or less than 1/4 inch in height; and

     (d) Be in substantially the following form:

 

ACKNOWLEDGMENT OF LACK

OF PROFESSIONAL LIABILITY INSURANCE

     I, ........................... (name of patient),

acknowledge that I am aware that .......................... (name of

chiropractor) does not maintain professional liability insurance coverage.

 

                                                                                          .................................................................

                                     (date)                                                            (signature

of patient)

 

     3.  A written disclosure described in

subsection 2 must be signed by the patient before the licensee provides any

chiropractic treatment or care to the patient.

     4.  After a written disclosure described in

subsection 2 is signed by a patient, the licensee shall maintain the written

disclosure as a part of the record of the patient.

     (Added to NAC by Chiropractic Physicians’ Bd. by R140-05,

eff. 11-17-2005; A by R101-08, 12-17-2008)

      NAC 634.455  Chiropractor’s assistant: Display of certificate. (NRS 634.030)

     1.  A chiropractor’s assistant shall display

his or her certificate at the place of practice of the supervising licensee.

     2.  If the supervising licensee practices at

more than one location and the chiropractor’s assistant works at more than one

of those locations, the chiropractor’s assistant shall:

     (a) Display his or her certificate at the office where

he or she performs the majority of his or her work; and

     (b) Display a duplicate certificate, which the

chiropractor’s assistant shall obtain from the Board, at each of the other

locations where he or she works.

     3.  A chiropractor’s assistant shall not

display his or her certificate except as otherwise provided in this section.

     (Added to NAC by Bd. of Chiropractic Exam’rs, eff. 11-23-93;

A by Chiropractic Physicians’ Bd. by R030-98, 9-10-98; R101-08, 12-17-2008)

      NAC 634.460  Chiropractor’s assistant and chiropractor’s assistant trainee:

Prohibited acts. (NRS 634.030)  A

chiropractor’s assistant or chiropractor’s assistant trainee may not:

     1.  Diagnose a patient or establish a

prognosis.

     2.  Prescribe a program of treatment for any

patient.

     3.  Perform any service that is not

specifically authorized by the provisions of chapter 634 of NRS.

     4.  Perform any service that is not specifically

authorized by the terms of his or her certificate.

     5.  Perform a chiropractic adjustment.

     6.  Perform any service, except at the

direction and under the direct supervision of a licensee.

     7.  Bill independently of the supervising

licensee for any services rendered.

     (Added to NAC by Bd. of Chiropractic Exam’rs, eff. 7-29-88;

A by Chiropractic Physicians’ Bd. by R030-98, 9-10-98; R095-03, 10-22-2003;

R034-05, 10-31-2005; R101-08, 12-17-2008)

ADVERTISING AND OTHER COMMUNICATIONS

      NAC 634.515  Permissible information. (NRS 634.030)  The

following information included in an advertisement or written communication

shall be deemed to be in compliance with NAC 634.515

to 634.570, inclusive:

     1.  Information relating to the licensee or

chiropractic office, including, but not limited to:

     (a) The name of the licensee or chiropractic

office;

     (b) A list of licensees associated with a

chiropractic office and their designations, such as doctor of chiropractic,

chiropractor or chiropractic physician;

     (c) The address and telephone number of the office;

and

     (d) The hours during which the office will be open

or the licensee will be available.

     2.  The date on which a license was issued to

the licensee by the Board or by the licensing agency of another state.

     3.  Technical and professional licenses

granted by this or any other state.

     4.  The ability of the licensee or persons

employed by the licensee or in the chiropractic office to speak a language

other than English.

     5.  The fields of chiropractic in which the

licensee is certified or is a specialist, subject to the restrictions of NAC 634.550.

     6.  Information regarding prepaid or group

plans for health care services in which the licensee participates.

     7.  The types of credit cards, if any, which

are accepted.

     8.  The fee for an initial consultation or a

schedule of fees provided in accordance with NAC

634.556.

     9.  The use of the name and address of a

licensee or chiropractic office in a public service announcement or in

connection with a charitable, civic or community program or event.

     (Added to NAC by Bd. of Chiropractic Exam’rs, eff. 1-31-94;

A by Chiropractic Physicians’ Bd. by R030-98, 9-10-98; R095-03, 10-22-2003)

      NAC 634.521  False or misleading communications. (NRS 634.030)  A

licensee shall not make any false or misleading communications about himself or

herself or his or her services. A communication shall be deemed to be

misleading if it contains a material misrepresentation of fact or law, or omits

a fact necessary to make the statement, considered as a whole, not misleading.

     (Added to NAC by Bd. of Chiropractic Exam’rs, eff. 1-31-94;

A by Chiropractic Physicians’ Bd. by R030-98, 9-10-98; R095-03, 10-22-2003)

      NAC 634.525  Advertisements for electronic media. (NRS 634.030)

     1.  An advertisement for any electronic media

may contain the same factual information and illustrations which are allowed in

advertisements for any printed media.

     2.  A person who appears in an advertisement

for any electronic media as a licensee or appears in such a manner as to imply

that he or she is a licensee must be:

     (a) A licensee who holds a license in good standing

to practice chiropractic in this State; and

     (b) The licensee who will provide the services

advertised or who is associated with the practice which is advertising the

service.

     3.  A person who appears in an advertisement

on electronic media as an employee of a licensee or chiropractic practice must

be an actual employee of the licensee or chiropractic practice whose services

are being advertised, unless the advertisement discloses that such a person is

an actor.

     4.  If an actor appears in an advertisement

in accordance with this section, the advertisement must disclose that the

person is an actor.

     (Added to NAC by Bd. of Chiropractic Exam’rs, eff. 1-31-94;

A by Chiropractic Physicians’ Bd. by R030-98, 9-10-98)

      NAC 634.530  Advertisement of affiliation with provider of health care. (NRS 634.030)  A

licensee shall not represent that he or she is affiliated within the same

office with a provider of health care who is not licensed pursuant to chapter 634 of NRS unless that provider

of health care spends at least 20 percent of his or her time in the licensee’s

office.

     [Bd. of Chiropractic Exam’rs, Art. V §§ 2 & 4, eff.

3-15-61; A 5-15-64; 3-14-73; 4-26-76; 11-28-79]—(NAC A 12-3-80; 7-29-88; A by

Chiropractic Physicians’ Bd. by R030-98, 9-10-98; R095-03, 10-22-2003)

      NAC 634.536  Designation as licensee. (NRS 634.018, 634.030)  The

failure of a licensee in any advertising to clearly designate himself or

herself as a licensee shall be deemed to be false and misleading for the

purposes of subsection 4 of NRS

634.018.

     (Added to NAC by Bd. of Chiropractic Exam’rs, eff. 7-29-88;

A by Chiropractic Physicians’ Bd. by R030-98, 9-10-98)

      NAC 634.541  Inclusion of name of licensee or referral bureau responsible for

content. (NRS

634.030)  All

advertisements and written communication must include the name of at least one

licensee or a referral bureau for licensees that is responsible for the content

of the advertisement or communication.

     (Added to NAC by Bd. of Chiropractic Exam’rs, eff. 7-29-88;

A 11-23-93; A by Chiropractic Physicians’ Bd. by R030-98, 9-10-98)

      NAC 634.545  Advertisement of affiliation with research project. (NRS 634.018, 634.030)  If a

licensee advertises any affiliation with a research project, he or she must

make a written statement of the objectives, cost and budget of the project and

the persons conducting the research available on request to the Board, to

scientific organizations and to the general public. Any willful failure to

comply with the requirements of this section shall be deemed to be false and

deceptive advertising for the purposes of subsection 4 of NRS 634.018.

     [Bd. of Chiropractic Exam’rs, Art. V § 6, eff. 3-15-61;

A 5-15-64; 3-14-73; 4-26-76; 11-28-79]—(NAC A 7-29-88; A by Chiropractic

Physicians’ Bd. by R030-98, 9-10-98)

      NAC 634.550  Advertisement as expert or specialist. (NRS 634.030)  Except

as otherwise provided in NAC 634.515 to 634.570, inclusive, a licensee shall not hold himself

or herself out in any advertisement as being:

     1.  Certified; or

     2.  An expert or specialist other than an

expert witness,

Ê in a field of

chiropractic unless he or she is registered with and approved by the Board as

holding the applicable professional credentials in that field.

     [Bd. of Chiropractic Exam’rs, Art. V § 7, eff. 3-15-61;

A 5-15-64; 3-14-73; 4-26-76; 11-28-79]—(NAC A 7-29-88; 1-31-94; A by

Chiropractic Physicians’ Bd. by R030-98, 9-10-98; R095-03, 10-22-2003)

      NAC 634.556  Advertisement of fees. (NRS 634.030)

     1.  Except as otherwise provided in this

section, a licensee who advertises a specific fee or range of fees shall honor

the advertised fee or range of fees for at least 90 days after the last date that

the advertisement is broadcast or disseminated, unless the advertisement

specifies a shorter period. If a specific fee or range of fees is advertised in

a telephone directory or other type of media which is not published more

frequently than annually, the licensee shall honor that fee or range of fees

for at least 1 year after the publication of the telephone directory or other

type of media.

     2.  If an advertisement states that a

chiropractic service is being offered free of charge or at a discounted rate:

     (a) The service must be provided at the advertised

rate regardless of whether the service is to be paid for by the patient or a

third party, such as an insurer.

     (b) The licensee who advertises the service shall

ensure that:

          (1) A patient to whom the service is provided

receives and signs a statement of disclosure which sets forth:

               (I) A detailed description of the service

that will be provided free of charge or at a discounted rate.

               (II) The amount that will be charged for

any additional services that will be provided.

               (III) If the offer to provide a service

free of charge or at a discounted rate is valid for a limited time, the date on

which that offer will end.

          (2) A statement of disclosure that is required

pursuant to subparagraph (1) is placed and maintained in the record of a

patient to whom a service is provided free of charge or at a discounted rate.

     3.  If a licensee provides diagnostic

services, including, without limitation, examinations and radiographs, free of

charge or at a discounted rate pursuant to an advertisement, the licensee shall

provide those services in a sufficiently complete and thorough manner so as to

allow the licensee to make a proper diagnosis.

     4.  No separate charge may be made for the

professional evaluation of diagnostic tests or procedures which are provided

free of charge or at a discount, regardless of whether the professional

evaluation is made at the time of the initial office visit or at a later time.

     (Added to NAC by Bd. of Chiropractic Exam’rs, eff. 11-23-93;

A by Chiropractic Physicians’ Bd. by R030-98, 9-10-98; R095-03, 10-22-2003;

R014-10, 5-5-2011; R150-13, 3-28-2014)

      NAC 634.565  Advertisement of 24-hour service. (NRS 634.030)  No

licensee or referral bureau for licensees may advertise 24-hour service unless

a licensee is available at all times to perform any chiropractic service which

may be needed.

     [Bd. of Chiropractic Exam’rs, Art. XI §§ 1-3, eff. 3-14-73;

A 11-28-79]—(NAC A 6-12-80; 12-3-80; 7-29-88; 11-23-93; A by Chiropractic

Physicians’ Bd. by R030-98, 9-10-98)

      NAC 634.570  Inclusion of information in list or directory of licensees or

chiropractic offices. (NRS 634.030)  The

provisions of NAC 634.515 to 634.570,

inclusive, do not prohibit the inclusion of information relating to a licensee

or chiropractic office in a list or directory of licensees or chiropractic

offices which is intended primarily for use by persons in the chiropractic

profession, if the information has been traditionally included in such a list

or directory.

     (Added to NAC by Bd. of Chiropractic Exam’rs, eff. 11-23-93;

A by Chiropractic Physicians’ Bd. by R030-98, 9-10-98)

PRACTICE BEFORE THE CHIROPRACTIC PHYSICIANS’ BOARD OF

NEVADA

General Provisions

      NAC 634.610  Scope and construction of provisions; deviations. (NRS 634.030)

     1.  NAC 634.610

to 634.775, inclusive, govern all practice and

procedure before the Chiropractic Physicians’ Board of Nevada, except as

otherwise directed by the Board.

     2.  Each provision of NAC

634.610 to 634.775, inclusive, must be

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

all issues presented to the Board.

     3.  In special cases, for good cause shown

and when not contrary to statute, the Board may permit deviation from a

provision of NAC 634.610 to 634.775,

inclusive, if it finds that compliance is impractical or unnecessary.

     [Bd. of Chiropractic Exam’rs, Rule of Practice No. 1,

§§ 1.1 through 1.3, eff. 12-8-74]—(NAC A by Chiropractic Physicians’ Bd. by

R030-98, 9-10-98)

Rules of Practice

      NAC 634.615  Communications with Board. (NRS 634.030)  All

formal written communications and documents must be addressed to the Board and

not to its individual members or staff. All communications and documents are

deemed to be officially received by the Board when delivered at its principal

office.

     [Bd. of Chiropractic Exam’rs, Rule of Practice No. 2, §

2.3, eff. 12-8-74]

      NAC 634.620  Appearance and practice at hearings. (NRS 634.030)

     1.  An interested party who is or may be

directly and substantially affected by a hearing may appear, introduce evidence

and, at the discretion of the Board, otherwise participate in the proceeding.

     2.  A party shall appear at the beginning of

a hearing, or at a time designated by the presiding officer, by giving his or

her name and address and stating his or her position or interest in the hearing

to the presiding officer. This information must be recorded in the transcript

of the hearing.

     3.  A party who is entitled to appear may

appear in person or by an attorney.

     4.  An attorney who appears as counsel in any

proceeding must be an attorney at law who is admitted to practice and is in

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

admitted to practice in the State of Nevada, he or she must be associated with

a Nevada attorney.

     5.  Any attorney of record who wishes to

withdraw from a proceeding before the Board must immediately notify the Board

or the presiding officer in writing of that fact and name the party whom he or

she represents.

     6.  As used in this section, “interested

party” means a person who believes that he or she may be affected by a

proceeding but who does not seek to participate in the proceeding.

     [Bd. of Chiropractic Exam’rs, Rule of Practice No. 4,

§§ 4.1 through 4.5, eff. 12-8-74]—(NAC A 7-29-88; 11-23-93)

      NAC 634.625  Participation by staff of Board. (NRS 634.030)  The

staff of the Board may appear at any hearing and has all of the rights of

participation of a party to the proceeding.

     [Bd. of Chiropractic Exam’rs, Rule of Practice No. 3, §

3.7, eff. 12-8-74]

      NAC 634.630  Pleadings: Generally. (NRS 634.030)

     1.  Each pleading must be designated as an

application, petition, notice of charges, answer or motion.

     2.  All pleadings, except motions and notices

of charges brought by the Board on its own motion, must be verified.

     3.  The Board may allow any pleading to be

amended or corrected or any omission therein to be supplied.

     4.  Pleadings will be liberally construed,

and defects which do not affect substantial rights of the parties will be

disregarded.

     5.  If, within a notice of charges, a member

of the Board’s staff groups similar violations into one cause of action, that

grouping is for administrative convenience only and does not affect the

authority of the Board to take disciplinary action for each separate violation.

     [Bd. of Chiropractic Exam’rs, Rule of Practice No. 5,

§§ 5.1 through 5.3, eff. 12-8-74]—(NAC A by Chiropractic Physicians’ Bd. by

R014-10, 5-5-2011)

      NAC 634.635  Pleadings: Complaints. (NRS 634.030, 634.160)

     1.  A complaint as described in NRS 634.160 may be made against a

licensee charging him or her with one or more of the causes set forth in chapter 634 of NRS for which he or she is

subject to disciplinary action.

     2.  The original complaint must be in

writing, signed and verified by the person making it and filed with the

Executive Director of the Board.

     [Bd. of Chiropractic Exam’rs, Rule of Practice No. 5, §

5.4, eff. 12-8-74]—(NAC A 11-23-93; A by Chiropractic Physicians’ Bd. by R095-03,

10-22-2003)

      NAC 634.645  Filing and service of documents. (NRS 634.030)

     1.  An original of all pleadings must be

filed with the Board. A copy of any pleading designated by the Board must be

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

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

pleading.

     2.  All notices, findings of fact, opinions

and orders required to be served by the Board and all documents filed by any

party may be served by mail, and service thereof shall be deemed complete when

a copy of the paper or document, properly addressed and stamped, is deposited

in the United States mail.

     3.  An acknowledgment of service or

certificate of mailing must appear on each document which is required to be

served.

     [Bd. of Chiropractic Exam’rs, Rule of Practice No. 6,

§§ 6.1 through 6.3, eff. 12-8-74]—(NAC A by Chiropractic Physicians’ Bd. by

R030-98, 9-10-98)

      NAC 634.650  Pleadings: Answer to notice of charges; motions. (NRS 634.030)

     1.  An answer to a notice of charges as

described in NRS 634.170 must be

filed with the Board and service thereof made on parties of record within 15

days after service of the notice of charges, unless the Board, for good cause

shown, extends the time. Any matter which is alleged as an affirmative defense

must be separately stated and numbered.

     2.  A party who fails to answer the notice of

charges within 15 days shall be deemed to have admitted the allegations set

forth in the notice of charges. Based on those admissions, the Board may impose

discipline on the licensee in the same manner as if the allegations had been

proven by substantial evidence at a hearing of the Board held on the complaint.

The Board may proceed with the matter based solely upon the issues set forth in

the notice of charges unless the matter is continued by the Board.

     3.  Any motion upon a notice of charges must

be filed before the answer is due. If it is not so filed, the objection must be

raised in the answer.

     4.  If a motion is directed toward an answer,

it must be filed within 5 days of service after the answer.

     5.  All other motions must be timely filed.

     [Bd. of Chiropractic Exam’rs, Rule of Practice No. 6,

§§ 6.4 and 6.5, eff. 12-8-74]—(NAC A 11-23-93; A by Chiropractic Physicians’

Bd. by R095-03, 10-22-2003)

      NAC 634.653  Declaratory orders and advisory opinions. (NRS 233B.120, 634.030)

     1.  A petition to the Board for a declaratory

order or advisory opinion may only be filed by the holder of or an applicant

for a license issued by the Board.

     2.  The filing must include the original and

10 copies of the petition.

     3.  A petition that is filed with the Board

not less than 10 days before its next regularly scheduled meeting will be

reviewed by the Board at that meeting. The Board will issue a declaratory order

or advisory opinion within 30 days after reviewing the petition.

     (Added to NAC by Chiropractic Physicians’ Bd. by R101-08,

eff. 12-17-2008)

      NAC 634.660  Subpoenas. (NRS 634.030, 634.196)

     1.  A subpoena requiring the attendance of a

witness from any place within the State at a hearing to receive his or her

testimony may be issued by the Secretary of the Board upon application in

writing.

     2.  Subpoenas for the production of

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

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

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

     3.  The Board, upon a prompt motion not later

than the time specified in the subpoena for compliance, may:

     (a) Quash the subpoena if it is unreasonable or

oppressive; or

     (b) Condition denial of the motion upon the

advancement of the reasonable cost of producing the documents, books or other

records desired by the person in whose behalf the subpoena is issued.

     [Bd. of Chiropractic Exam’rs, Rule of Practice No. 7, §

7.10, eff. 12-8-74]

      NAC 634.665  Filing of briefs. (NRS 634.030)

     1.  At a hearing, the Board may order briefs

to be filed within a time which it prescribes. Any requested brief must be

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

on, or a certificate of mailing to, the other parties of record.

     2.  The Board may set the matter for oral

argument after briefs are filed or when a motion is contested. Ten days’ notice

of the time set for oral argument must be given to all parties of record,

unless the Board specifies a shorter time.

     [Bd. of Chiropractic Exam’rs, Rule of Practice No. 7, §

7.13, eff. 12-8-74]—(NAC A by Chiropractic Physicians’ Bd. by R030-98, 9-10-98)

      NAC 634.670  Computation of time; obtaining information about proceedings. (NRS 634.030)

     1.  The time within which any act ordered

pursuant to this chapter must be accomplished is computed by excluding the

first day and including the last day unless the last day is Saturday, Sunday or

a legal holiday, in which case it is excluded.

     2.  Additional information about proceedings

before the Board or the status of any matter relating to the Board may be

secured by applying to the Secretary of the Board at the principal office of

the Board.

     [Bd. of Chiropractic Exam’rs, Rule of Practice No. 10,

§§ 10.1 and 10.2, eff. 12-8-74]—(NAC A 7-29-88)

Hearings

      NAC 634.710  Persons presiding; resetting after continuance; location. (NRS 634.030)

     1.  Hearings will be held before one or more

members of the Board.

     2.  A hearing which has been previously

continued may be reset upon a notice of not less than 10 days.

     3.  Hearings will be held at a place in the

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

     [Bd. of Chiropractic Exam’rs, Rule of Practice No. 7, §

7.1, eff. 12-8-74]

      NAC 634.715  Failure to appear. (NRS 634.030, 634.190)

     1.  If the party who filed the complaint or

the licensee fails to appear at the hearing scheduled by the Board and no

continuance has been requested or granted, the Board may hear the evidence of

those witnesses who have appeared and proceed to consider the matter and

dispose of it on the basis of the evidence before it in the manner required by NAC 634.720 to 634.775,

inclusive.

     2.  Where, because of accident, sickness or

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

Board or fails to request a continuance thereof, he or she may, within a

reasonable time, but not more than 15 days, apply to the Secretary of the Board

at the office of the Board to reopen the proceedings. The Board, if it finds

that the cause for failing to appear is sufficient and reasonable, will

immediately fix a time and place for the hearing and give the person notice

thereof. At the time and place fixed by the Board, the person may testify in

his or her own behalf or present other evidence. Witnesses who have previously

testified are not required to appear at the second hearing unless so directed

by the Board.

     [Bd. of Chiropractic Exam’rs, Rule of Practice No. 7, §

7.2, eff. 12-8-74]—(NAC A by Chiropractic Physicians’ Bd. by R030-98, 9-10-98)

      NAC 634.720  Preliminary procedure. (NRS 634.030)  The

presiding officer of the Board will call the proceeding or hearing to order,

proceed with each party’s appearance and act upon any pending motions. The

parties may then make opening statements.

     [Bd. of Chiropractic Exam’rs, Rule of Practice No. 7, §

7.3, eff. 12-8-74]

      NAC 634.725  Standards of conduct. (NRS 634.030)  All

parties to the hearing, their counsel and spectators shall conduct themselves

in a respectful manner.

     [Bd. of Chiropractic Exam’rs, Rule of Practice No. 7, §

7.4, eff. 12-8-74]

      NAC 634.730  Testimony: Oath or affirmation required. (NRS 634.030)  All

testimony considered by the Board in formal hearings, except matters officially

noticed or entered by stipulation, must be sworn. Before testifying, each

person shall swear or affirm that he or she will testify truthfully.

     [Bd. of Chiropractic Exam’rs, Rule of Practice No. 7, §

7.5, eff. 12-8-74]

      NAC 634.735  Order of presentation. (NRS 634.030)

     1.  Evidence at the hearing must be presented

in the following order:

     (a) Opening statements by counsel for complainant

and respondent. Respondent may defer his or her opening statement until the

completion of the complainant’s case.

     (b) Presentation of complainant’s case, which may

be followed by cross-examination.

     (c) Presentation of respondent’s case, which may be

followed by cross-examination.

     (d) Rebuttal testimony, if any.

     (e) Argument by respective counsel, in the

following order:

          (1) Opening argument for complainant.

          (2) Argument for respondent.

          (3) Closing argument for complainant.

     2.  As used in this section:

     (a) “Complainant” means a person who complains to

the Board of any act. If the Board initiates a proceeding, it may be a

complainant.

     (b) “Respondent” means a person against whom a

complaint has been filed or of whom an investigation has been commenced.

     [Bd. of Chiropractic Exam’rs, Rule of Practice No. 7, §

7.6, eff. 12-8-74]—(NAC A 7-29-88)

      NAC 634.740  Consolidation of proceedings. (NRS 634.030)

     1.  The Board may consolidate two or more

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

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

prejudiced thereby.

     2.  At a consolidated hearing, the presiding

officer will determine the order in which the parties must introduce their

evidence and which party must open and close the proceeding.

     [Bd. of Chiropractic Exam’rs, Rule of Practice No. 7, §

7.7, eff. 12-8-74]

      NAC 634.745  Stipulations. (NRS 634.030)

     1.  With the approval of the presiding

officer, the parties may stipulate any fact at issue, either by written

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

upon the record.

     2.  A stipulation is binding upon all parties

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

     3.  The Board may require proof by evidence

of the facts stipulated in addition to the stipulation of the parties.

     [Bd. of Chiropractic Exam’rs, Rule of Practice No. 7, §

7.8, eff. 12-8-74]

      NAC 634.750  Rules of evidence. (NRS 634.030)

     1.  In conducting any investigation, inquiry

or hearing, the Board, its officers or employees are not bound by the technical

rules of evidence and any informality in a proceeding or in the manner of

taking testimony does not invalidate any order, decision, rule or regulation

made, approved or confirmed by the Board.

     2.  Rules of evidence recognized by the

courts of Nevada will be followed generally but may be relaxed by the Board

when deviation from the technical rules of evidence will aid in ascertaining

the facts.

     3.  When an objection is made to the

admissibility of evidence, the evidence may be received subject to a later

ruling by the Board.

     4.  The Board may exclude inadmissible,

incompetent, cumulative or irrelevant evidence, or order that presentation of

that evidence be discontinued.

     5.  A party objecting to the introduction of

evidence shall state briefly the grounds of objection at the time the evidence

is offered.

     6.  Evidence must be material and relevant to

the issues involved to be admitted at the hearing.

     [Bd. of Chiropractic Exam’rs, Rule of Practice No. 7, §

7.9, eff. 12-8-74]

      NAC 634.755  Offer of proof. (NRS 634.030)  An offer

of proof for the record consists of a statement of the substance of the

evidence to which an objection has been sustained.

     [Bd. of Chiropractic Exam’rs, Rule of Practice No. 7, §

7.18, eff. 12-8-74]

      NAC 634.760  Continuances. (NRS 634.030)  The

Board, before or during a hearing, on proper showing, may grant continuances

for the submission of further proof of any subject matter.

     [Bd. of Chiropractic Exam’rs, Rule of Practice No. 7, §

7.12, eff. 12-8-74]

      NAC 634.765  Matters of official notice. (NRS 634.030)  The

Board may take official notice of:

     1.  Regulations, official reports, decisions

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

     2.  The contents of decisions, orders,

certificates and permits issued by the Board.

     3.  Matters of common knowledge and

established technical or scientific facts.

     4.  Pertinent official documents, when

properly introduced into the record of formal proceedings by reference. Proper

and definite reference to official documents must be made by the party offering

them and they must be published and generally circulated so that an opportunity

is given to all the parties of interest to the hearing to examine them and

present rebuttal evidence.

     [Bd. of Chiropractic Exam’rs, Rule of Practice No. 7, §

7.14, eff. 12-8-74]

      NAC 634.770  Transcripts. (NRS 634.030)  The

Board will have a transcript made of all formal hearings. Parties desiring

copies of the transcript may obtain them from the transcriber upon payment of

the fees fixed therefor.

     [Bd. of Chiropractic Exam’rs, Rule of Practice No. 7, §

7.16, eff. 12-8-74]

      NAC 634.775  Submission of matters for decision; dissemination of orders. (NRS 634.030)

     1.  A proceeding is submitted for decision to

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

presentation of oral argument as prescribed by the Board or the presiding

officer unless otherwise specifically approved.

     2.  Orders of the Board will be served by the

Secretary by mailing a copy to each party of record or their representatives or

by personal service. Additional copies of orders issued by the Board may be

obtained upon written request.

     [Bd. of Chiropractic Exam’rs, Rule of Practice No. 8,

§§ 8.1 and 8.2, eff. 12-8-74]

ENFORCEMENT

      NAC 634.810  Authority of Board. (NRS 634.030, 634.137, 634.140, 634.190)  The

Board may begin proceedings against:

     1.  A licensee;

     2.  A chiropractor’s assistant;

     3.  An applicant for a license to practice

chiropractic who is authorized to perform chiropractic pursuant to NRS 634.105;

     4.  A student who is authorized to perform

chiropractic pursuant to the preceptor program; or

     5.  A person who holds a temporary license to

practice chiropractic pursuant to NRS

634.115,

Ê for a

violation of any provision of this chapter or of chapter 634 of NRS even though no member

of the public is actually harmed by the violation and there is no complaint

from any other person.

     [Bd. of Chiropractic Exam’rs, Reg., Art. XVI, eff. 11-28-79]—(NAC

A 7-29-88; A by Chiropractic Physicians’ Bd. by R030-98, 9-10-98; R101-08, 12-17-2008;

R004-12, 11-1-2012)

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