[Rev. 11/21/2013 12:48:06
PM--2013]
CHAPTER 634A - ORIENTAL MEDICINE
GENERAL PROVISIONS
NRS 634A.010 Legislative
declaration.
NRS 634A.020 Definitions.
STATE BOARD OF ORIENTAL MEDICINE
NRS 634A.030 Creation;
number and appointment of members; oaths.
NRS 634A.040 Qualifications
of members.
NRS 634A.050 Compensation
of members and employees.
NRS 634A.060 Officers.
NRS 634A.070 Powers.
NRS 634A.080 General
duties.
NRS 634A.085 Duties
of Board concerning written complaints; Attorney General may be retained by
Board to conduct investigation of nonfrivolous complaint; prompt determination
required by Board; retention of complaints; Attorney General may charge for
services.
NRS 634A.090 Approval
of schools of Oriental medicine.
LICENSING AND DISCIPLINE
NRS 634A.110 Application;
fees.
NRS 634A.115 Payment
of child support: Submission of certain information by applicant; grounds for
denial of license; duty of Board. [Effective until the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 634A.115 Payment
of child support: Submission of certain information by applicant; grounds for
denial of license; duty of Board. [Effective on the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings and
expires by limitation 2 years after that date.]
NRS 634A.120 Examinations:
National examination; practical examination; times; cancelled examinations;
reexamination.
NRS 634A.140 Issuance
of license to practice as doctor of Oriental medicine.
NRS 634A.144 Board
prohibited from issuing or renewing license unless applicant attests to certain
information related to safe and appropriate injection practices.
NRS 634A.160 Display
of licenses; annual fee for license; suspension and reinstatement of license.
NRS 634A.165 Issuance
of temporary certificates for lecturing or educational seminars.
NRS 634A.167 Requirements
for renewal; duty of Board to require continuing education for renewal or
reinstatement.
NRS 634A.170 Suspension,
revocation or refusal of license: Grounds.
NRS 634A.175 Suspension
of license for failure to pay child support or comply with certain subpoenas or
warrants; reinstatement of license. [Effective until 2 years after the date of
the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings.]
NRS 634A.180 Commencement
of disciplinary proceedings required for certain violations of Industrial
Insurance Act.
NRS 634A.185 Confidentiality
of certain records of Board; exceptions.
MISCELLANEOUS PROVISIONS
NRS 634A.190 Licensees
not subject to chapter 630 of NRS; reference
to licensee as physician of Oriental medicine.
NRS 634A.200 Applicability
of chapter.
NRS 634A.210 Reporting
vital statistics.
UNLAWFUL ACTS; PENALTIES
NRS 634A.225 Seminars
not in accordance with Board’s regulations prohibited; penalty.
NRS 634A.226 Inspection
of premises by Board.
NRS 634A.228 Practicing
or offering to practice without license: Reporting requirements of Board.
NRS 634A.230 Practice
without license prohibited; penalties.
NRS 634A.240 Injunctive
relief.
NRS 634A.250 Administrative
fines.
_________
GENERAL PROVISIONS
NRS 634A.010 Legislative declaration. The
practice of Oriental medicine and any branch thereof is hereby declared to be a
learned profession, affecting public safety and welfare and charged with the
public interest, and therefore subject to protection and regulation by the
State.
(Added to NRS by 1973, 635; A 1975, 231; 1991, 1127)
NRS 634A.020 Definitions. As
used in this chapter, unless the context otherwise requires:
1. “Acupuncture” means the insertion of
needles into the human body by piercing the skin of the body to control and
regulate the flow and balance of energy in the body and to cure, relieve or
palliate:
(a) Any ailment or disease of the mind or body;
or
(b) Any wound, bodily injury or deformity.
2. “Board” means the State Board of
Oriental Medicine.
3. “Doctor of Oriental medicine” means a
person who is licensed under the provisions of this chapter to practice as a
doctor of Oriental medicine.
4. “Herbal medicine” and “practice of
herbal medicine” mean suggesting, recommending, prescribing or directing the
use of herbs for the cure, relief or palliation of any ailment or disease of
the mind or body, or for the cure or relief of any wound, bodily injury or
deformity.
5. “Herbs” means plants or parts of plants
valued for medicinal qualities.
6. “Oriental medicine” means that system
of the healing art which places the chief emphasis on the flow and balance of
energy in the body mechanism as being the most important single factor in
maintaining the well-being of the organism in health and disease. The term
includes the practice of acupuncture and herbal medicine and other services
approved by the Board.
(Added to NRS by 1973, 635; A 1975, 231; 1981, 1289; 1991, 1127; 2001, 1104)
STATE BOARD OF ORIENTAL MEDICINE
NRS 634A.030 Creation; number and appointment of members; oaths.
1. The State Board of Oriental Medicine,
consisting of five members appointed by the Governor, is hereby created.
2. Each member of the Board shall, before
entering upon the duties of office, take the oath of office prescribed by the
Constitution before someone qualified to administer oaths.
(Added to NRS by 1973, 636; A 1975, 232; 1981, 70; 1989, 815; 2003, 1639)
NRS 634A.040 Qualifications of members.
1. The Governor shall appoint three
members to the Board who:
(a) Have a license issued pursuant to this
chapter;
(b) Currently engage in the practice of Oriental
medicine in this State, and have engaged in the practice of Oriental medicine
in this State for at least 3 years preceding appointment to the Board;
(c) Are citizens of the United States; and
(d) Are residents of the State of Nevada and have
been for at least 1 year preceding appointment to the Board.
2. The Governor shall appoint one member
to the Board who:
(a) Is licensed pursuant to chapter 630 of NRS by the Board of Medical
Examiners as a physician;
(b) Does not engage in the administration of a
facility for Oriental medicine or a school for Oriental medicine;
(c) Does not have a pecuniary interest in any
matter pertaining to Oriental medicine, except as a patient or potential
patient;
(d) Is a citizen of the United States; and
(e) Is a resident of the State of Nevada and has
been for at least 1 year preceding appointment to the Board.
3. The Governor shall appoint one member
to the Board who:
(a) Does not engage in the administration of a
facility for Oriental medicine or a school for Oriental medicine;
(b) Does not have a pecuniary interest in any
matter pertaining to Oriental medicine, except as a patient or potential
patient;
(c) Is a citizen of the United States; and
(d) Is a resident of the State of Nevada and has
been for at least 1 year preceding appointment to the Board.
(Added to NRS by 1973, 636; A 2003, 1639)
NRS 634A.050 Compensation of members and employees.
1. Each member of the Board is entitled to
receive:
(a) A salary of not more than $150 per day, as
fixed by the Board, while engaged in the business of the Board; and
(b) A per diem allowance and travel expenses at a
rate fixed by the Board, while engaged in the business of the Board. The rate
must not exceed the rate provided for state officers and employees generally.
2. While engaged in the business of the
Board, each employee of the Board is entitled to receive a per diem allowance
and travel expenses at a rate fixed by the Board. The rate must not exceed the
rate provided for state officers and employees generally.
(Added to NRS by 1973, 636; A 1975, 304; 1981, 1993; 1989, 1698; 2007, 2949)
NRS 634A.060 Officers. The Board
shall annually elect from its members a President, Vice President and
Secretary-Treasurer, and may fix and pay a salary to the Secretary-Treasurer.
(Added to NRS by 1973, 636)
NRS 634A.070 Powers. The Board
may:
1. Employ attorneys, investigators and
other professional consultants and clerical personnel necessary to discharge
its duties. To conduct its examinations, the Board may call to its aid persons
of established reputation and known ability in Oriental medicine.
2. Maintain offices in as many localities
in the State as it finds necessary to carry out the provisions of this chapter.
3. Adopt regulations not inconsistent with
the provisions of this chapter. The regulations may include a code of ethics
regulating the professional conduct of licensees.
4. Compel the attendance of witnesses and
the production of evidence by subpoena.
(Added to NRS by 1973, 636; A 1975, 232; 1981, 100; 1991, 1127)
NRS 634A.080 General duties. The
Board shall:
1. Hold meetings at least once a year and
at any other time at the request of the President or the majority of the
members;
2. Have and use a common seal;
3. Deposit in interest-bearing accounts in
the State of Nevada all money received under the provisions of this chapter,
which must be used to defray the expenses of the Board;
4. Establish and maintain a list of
accredited schools and colleges of Oriental medicine that are approved by the
Board;
5. Operate on the basis of the fiscal year
beginning July 1 and ending June 30; and
6. Keep a record of its proceedings which
must be open to the public at all times and which must contain the name and
business address of every registered licensee in this State.
(Added to NRS by 1973, 636; A 2001, 1104)
NRS 634A.085 Duties of Board concerning written complaints; Attorney General
may be retained by Board to conduct investigation of nonfrivolous complaint;
prompt determination required by Board; retention of complaints; Attorney
General may charge for services.
1. If a written complaint regarding a person
who practices Oriental medicine is filed with the Board, the Board shall review
the complaint. A complaint may be filed anonymously. If a complaint is filed
anonymously, the Board may accept the complaint but may refuse to consider the
complaint if anonymity of the complainant makes processing the complaint
impossible or unfair to the person who is the subject of the complaint. If,
from the complaint or from other records, it appears that the complaint is not
frivolous, the Board may:
(a) Retain the Attorney General to investigate
the complaint; and
(b) If the Board retains the Attorney General,
transmit the original complaint and any facts or information obtained from the
review to the Attorney General.
2. If the Board retains the Attorney
General, the Attorney General shall conduct an investigation of the complaint
transmitted to the Attorney General to determine whether it warrants
proceedings for the modification, suspension or revocation of the license. If
the Attorney General determines that further proceedings are warranted, the
Attorney General shall report the results of the investigation and any
recommendation to the Board.
3. The Board shall promptly make a
determination with respect to each complaint reported to it by the Attorney
General. The Board shall:
(a) Dismiss the complaint; or
(b) Proceed with appropriate disciplinary action.
4. The Board shall retain all complaints
received by the Board pursuant to this section for at least 10 years,
including, without limitation, any complaints not acted upon.
5. If the Board retains the Attorney
General, the Attorney General may, in accordance with the provisions of NRS 228.113, charge the Board for all
services relating to the investigation of a complaint pursuant to subsection 2.
(Added to NRS by 2001, 1103; A 2009, 887; 2011, 369; 2013, 2228)
NRS 634A.090 Approval of schools of Oriental medicine.
1. A school or college of Oriental
medicine may be established and maintained in this State only if:
(a) Its establishment is approved by the Board;
and
(b) Its curriculum is approved annually by the
Board for content and quality of instruction in accordance with the
requirements of this chapter.
2. The Board may prescribe the course of
study required for the degree of doctor of Oriental medicine.
(Added to NRS by 1973, 635; A 1975, 233; 1991, 1128; 2001, 1104)
LICENSING AND DISCIPLINE
NRS 634A.110 Application; fees.
1. An applicant for examination for a
license to practice Oriental medicine, or any branch thereof, shall:
(a) Submit an application to the Board on forms
provided by the Board;
(b) Submit satisfactory evidence that he or she
is 21 years or older and meets the appropriate educational requirements;
(c) Submit with the application a complete set of
fingerprints which the Board may forward to the Central Repository for Nevada
Records of Criminal History for submission to the Federal Bureau of
Investigation for its report;
(d) Pay a fee established by the Board of not
more than $1,000; and
(e) Pay any fees required by the Board for an
investigation of the applicant or for the services of a translator, if the
translator is required to enable the applicant to take the examination.
2. An application submitted to the Board
pursuant to subsection 1 must include all information required to complete the
application.
(Added to NRS by 1973, 637; A 1975, 233; 1991, 1128; 1997, 2133; 2003, 2861; 2005, 2731, 2807)
NRS 634A.115 Payment of child support: Submission of certain information by
applicant; grounds for denial of license; duty of Board. [Effective until the
date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings.]
1. In addition to any other requirements
set forth in this chapter:
(a) An applicant for the issuance of a license
issued pursuant to this chapter shall include the social security number of the
applicant in the application submitted to the Board.
(b) An applicant for the issuance or renewal of a
license issued pursuant to this chapter shall submit to the Board the statement
prescribed by the Division of Welfare and Supportive Services of the Department
of Health and Human Services pursuant to NRS
425.520. The statement must be completed and signed by the applicant.
2. The Board shall include the statement
required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the license; or
(b) A separate form prescribed by the Board.
3. A license may not be issued or renewed
by the Board pursuant to this chapter if the applicant:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the Board
shall advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant may take
to satisfy the arrearage.
(Added to NRS by 1997, 2132; A 2005, 2731, 2807)
NRS 634A.115 Payment of child support:
Submission of certain information by applicant; grounds for denial of license;
duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings and expires by
limitation 2 years after that date.]
1. In addition to any other requirements
set forth in this chapter, an applicant for the issuance or renewal of a
license issued pursuant to this chapter shall submit to the Board the statement
prescribed by the Division of Welfare and Supportive Services of the Department
of Health and Human Services pursuant to NRS
425.520. The statement must be completed and signed by the applicant.
2. The Board shall include the statement
required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the license; or
(b) A separate form prescribed by the Board.
3. A license may not be issued or renewed
by the Board pursuant to this chapter if the applicant:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the Board
shall advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant may take
to satisfy the arrearage.
(Added to NRS by 1997, 2132; A 2005, 2731, 2732, 2807,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)
NRS 634A.120 Examinations: National examination; practical examination;
times; cancelled examinations; reexamination.
1. Each applicant for a license to
practice as a doctor of Oriental medicine must pass:
(a) An examination in Oriental medicine that is administered
by a national organization approved by the Board; and
(b) A practical examination approved by the Board
that tests the applicant’s knowledge and understanding of:
(1) Basic medical science;
(2) Acupuncture;
(3) Herbal medicine;
(4) Oriental medicine;
(5) English proficiency; and
(6) The laws and regulations of this State
relating to health and safety in the practice of Oriental medicine.
2. The Board may establish by regulation:
(a) Additional subject areas to be included in
the practical examination; and
(b) Specific methods for the administration of
the practical examination, including, but not limited to, written, oral,
demonstrative, practical or any combination thereof.
3. The Board shall contract for the
preparation, administration and grading of the practical examination.
4. Except as otherwise provided in
subsection 5, the Board shall offer the practical examination at least two
times each year at a time and place established by the Board.
5. The Board may cancel a scheduled
practical examination if, within 60 days before the examination, the Board has
not received a request to take the examination.
6. A person who fails the practical
examination may retake the examination.
(Added to NRS by 1973, 637; A 1975, 233; 1981, 1290; 1991, 1128; 2001, 1105; 2003, 1640)
NRS 634A.140 Issuance of license to practice as doctor of Oriental medicine. The Board shall issue a license to practice as
a doctor of Oriental medicine to an applicant who:
1. Has:
(a) Successfully completed an accredited 4-year
program of study, or its equivalent, in Oriental medicine at a school or
college of Oriental medicine that is approved by the Board;
(b) Earned a bachelor’s degree from an accredited
college or university in the United States;
(c) Passed an investigation of his or her
background and personal history conducted by the Board; and
(d) Passed the examinations required by NRS 634A.120; or
2. Has:
(a) Successfully completed a 4-year program of
study, or its equivalent, in Oriental medicine at a school or college of
Oriental medicine that is approved by the Board;
(b) Lawfully practiced Oriental medicine in
another state or foreign country for at least 4 years;
(c) Passed an investigation of his or her
background and personal history conducted by the Board; and
(d) Passed the examinations required by NRS 634A.120.
(Added to NRS by 1973, 637; A 1975, 234, 1814; 1981,
1290; 1991,
1128; 2001,
1105, 2416)
NRS 634A.144 Board prohibited from issuing or renewing license unless
applicant attests to certain information related to safe and appropriate
injection practices. The Board
shall not issue or renew a license to practice Oriental medicine unless the applicant
for issuance or renewal of the license attests to knowledge of and compliance
with the guidelines of the Centers for Disease Control and Prevention
concerning the prevention of transmission of infectious agents through safe and
appropriate injection practices.
(Added to NRS by 2011, 2055)
NRS 634A.160 Display of licenses; annual fee for license; suspension and
reinstatement of license.
1. Every license must be displayed in the
office, place of business or place of employment of the holder thereof.
2. Every person holding a license shall pay
to the Board on or before February 1 of each year, the annual fee for a license
required pursuant to subsection 4. The holder of a license shall submit with
the fee all information required to complete the renewal of the license. If the
holder of a license fails to pay the fee or submit all required information,
the license must be suspended. The license may be reinstated by payment of the
required fee and submission of all required information within 90 days after
February 1.
3. A license which is suspended for more
than 3 months under the provisions of subsection 2 may be cancelled by the
Board after 30 days’ notice to the holder of the license.
4. The annual fee for a license must be
prescribed annually by the Board and must not exceed $1,000.
(Added to NRS by 1973, 638; A 1975, 234; 1979, 959;
1981, 1291; 1991,
1129; 1997,
2133; 2001,
1105; 2005,
2732, 2807)
NRS 634A.165 Issuance of temporary certificates for lecturing or educational
seminars.
1. The Board may adopt regulations for the
issuance of temporary certificates to persons not licensed pursuant to this
chapter. A temporary certificate may be issued:
(a) In connection with a bona fide educational
seminar concerning Oriental medicine or acupuncture; or
(b) For the purpose of authorizing a person to
engage in lecturing on or teaching Oriental medicine or acupuncture in this
State on a short-term basis.
2. The Board may charge a fee for the
issuance of a temporary certificate. The fee must not exceed an amount which
adequately reimburses the Board for costs incurred in:
(a) Investigating an applicant under this
section; and
(b) Monitoring a seminar, if the Board deems that
action necessary.
(Added to NRS by 1975, 214; A 1981, 1291; 1991, 1129)
NRS 634A.167 Requirements for renewal; duty of Board to require continuing
education for renewal or reinstatement.
1. To renew a license issued pursuant to
this chapter, each person must, on or before February 1 of each year:
(a) Apply to the Board for renewal;
(b) Pay the annual fee for a license prescribed
by the Board;
(c) Submit evidence to the Board of completion of
the requirements for continuing education; and
(d) Submit all information required to complete
the renewal.
2. The Board shall, as a prerequisite for
the renewal or reinstatement of a license, require each holder of a license to
comply with the requirements for continuing education adopted by the Board.
(Added to NRS by 1985, 548; A 1997, 2134; 2001, 1106; 2005, 2733, 2807)
NRS 634A.170 Suspension, revocation or refusal of license: Grounds. The Board may refuse to issue or may suspend
or revoke any license for any one or any combination of the following causes:
1. Conviction of:
(a) A felony relating to the practice of Oriental
medicine;
(b) Any offense involving moral turpitude;
(c) A violation of any state or federal law
regulating the possession, distribution or use of any controlled substance, as
shown by a certified copy of the record of the court; or
(d) A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;
2. The obtaining of or any attempt to
obtain a license or practice in the profession for money or any other thing of
value, by fraudulent misrepresentations;
3. Gross or repeated malpractice, which
may be evidenced by claims of malpractice settled against a practitioner;
4. Advertising by means of a knowingly
false or deceptive statement;
5. Advertising, practicing or attempting
to practice under a name other than one’s own;
6. Habitual drunkenness or habitual
addiction to the use of a controlled substance;
7. Using any false, fraudulent or forged
statement or document, or engaging in any fraudulent, deceitful, dishonest or
immoral practice in connection with the licensing requirements of this chapter;
8. Sustaining a physical or mental
disability which renders further practice dangerous;
9. Engaging in any dishonorable, unethical
or unprofessional conduct which may deceive, defraud or harm the public, or
which is unbecoming a person licensed to practice under this chapter;
10. Using any false or fraudulent
statement in connection with the practice of Oriental medicine or any branch
thereof;
11. Violating or attempting to violate, or
assisting or abetting the violation of, or conspiring to violate any provision
of this chapter;
12. Being adjudicated incompetent or
insane;
13. Advertising in an unethical or
unprofessional manner;
14. Obtaining a fee or financial benefit
for any person by the use of fraudulent diagnosis, therapy or treatment;
15. Willful disclosure of a privileged
communication;
16. Failure of a licensee to designate the
nature of his or her practice in the professional use of his or her name by the
term doctor of Oriental medicine;
17. Willful violation of the law relating
to the health, safety or welfare of the public or of the regulations adopted by
the State Board of Health;
18. Administering, dispensing or
prescribing any controlled substance, except for the prevention, alleviation or
cure of disease or for relief from suffering;
19. Performing, assisting or advising in
the injection of any liquid silicone substance into the human body; and
20. Operation of a medical facility, as
defined in NRS 449.0151, at any time
during which:
(a) The license of the facility is suspended or
revoked; or
(b) An act or omission occurs which results in
the suspension or revocation of the license pursuant to NRS 449.160.
Ê This
subsection applies to an owner or other principal responsible for the operation
of the facility.
(Added to NRS by 1973, 638; A 1975, 122, 235; 1981,
594; 1987, 1562;
1991, 1129;
1993, 788; 2001, 1106; 2003, 2710; 2009, 887; 2011, 852)
NRS 634A.175 Suspension of license for failure to pay child support or comply
with certain subpoenas or warrants; reinstatement of license. [Effective until
2 years after the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
1. If the Board receives a copy of a court
order issued pursuant to NRS 425.540
that provides for the suspension of all professional, occupational and
recreational licenses, certificates and permits issued to a person who is the
holder of a license issued pursuant to this chapter, the Board shall deem the
license issued to that person to be suspended at the end of the 30th day after
the date on which the court order was issued unless the Board receives a letter
issued to the holder of the license by the district attorney or other public
agency pursuant to NRS 425.550 stating
that the holder of the license has complied with the subpoena or warrant or has
satisfied the arrearage pursuant to NRS
425.560.
2. The Board shall reinstate a license
issued pursuant to this chapter that has been suspended by a district court
pursuant to NRS 425.540 if the Board
receives a letter issued by the district attorney or other public agency
pursuant to NRS 425.550 to the person
whose license was suspended stating that the person whose license was suspended
has complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560.
(Added to NRS by 1997, 2133; A 2005, 2807)
NRS 634A.180 Commencement of disciplinary proceedings required for certain
violations of Industrial Insurance Act. Notwithstanding
the provisions of chapter 622A of NRS, if
the Board receives a report pursuant to subsection 5 of NRS 228.420, a disciplinary proceeding
regarding the report must be commenced within 30 days after the Board receives
the report.
(Added to NRS by 1973, 639; A 1993, 789; 2005, 769)
NRS 634A.185 Confidentiality of certain records of Board; exceptions.
1. Except as otherwise provided in this
section and NRS 239.0115, a complaint
filed with the Board, all documents and other information filed with the
complaint and all documents and other information compiled as a result of an
investigation conducted to determine whether to initiate disciplinary action
against a person are confidential, unless the person submits a written
statement to the Board requesting that such documents and information be made
public records.
2. The charging documents filed with the
Board to initiate disciplinary action pursuant to chapter 622A of NRS and all documents and
information considered by the Board when determining whether to impose
discipline are public records.
3. An order that imposes discipline and
the findings of fact and conclusions of law supporting that order are public
records.
4. The Board shall, to the extent
feasible, communicate or cooperate with or provide any documents or other
information to any other licensing board or any other agency that is
investigating a person, including, without limitation, a law enforcement
agency.
(Added to NRS by 2003, 3448; A 2005, 769; 2007, 2138; 2013, 2228)
MISCELLANEOUS PROVISIONS
NRS 634A.190 Licensees not subject to chapter 630
of NRS; reference to licensee as physician of Oriental medicine.
1. Persons licensed pursuant to this
chapter are not subject to the provisions of chapter
630 of NRS.
2. A person who is licensed pursuant to
this chapter to practice as a doctor of Oriental medicine may refer to himself
or herself as a physician of Oriental medicine.
(Added to NRS by 1973, 637; A 1975, 119; 1989, 815; 1991, 1130; 2001, 1107)
NRS 634A.200 Applicability of chapter.
1. This chapter does not apply to Oriental
physicians who are called into this State for consultation.
2. This chapter does not prohibit:
(a) Gratuitous services of druggists or other
persons in cases of emergency.
(b) The domestic administration of family
remedies.
(c) Any person from assisting any person in the
practice of the healing arts licensed under this chapter, except that such
person may not insert needles into the skin or prescribe herbal medicine.
(Added to NRS by 1973, 639; A 1975, 235)
NRS 634A.210 Reporting vital statistics. Doctors
of Oriental medicine shall observe and are subject to all state and municipal
regulations relative to reporting all births and deaths in all matters
pertaining to the public health.
(Added to NRS by 1973, 639; A 1975, 236; 1991, 1130; 2001, 1107)
UNLAWFUL ACTS; PENALTIES
NRS 634A.225 Seminars not in accordance with Board’s regulations prohibited;
penalty.
1. No seminar concerning Oriental medicine
or acupuncture may be conducted in this State except in accordance with
regulations prescribed by the Board for bona fide educational seminars.
2. Any person who violates subsection 1 is
guilty of a misdemeanor.
(Added to NRS by 1975, 214; A 1991, 1130)
NRS 634A.226 Inspection of premises by Board. Any
member or agent of the Board may enter any premises in this State where a
person who holds a license issued pursuant to the provisions of this chapter
practices Oriental medicine and inspect it to determine whether a violation of
any provision of this chapter has occurred, including, without limitation, an
inspection to determine whether any person at the premises is practicing
Oriental medicine without a license issued pursuant to the provisions of this
chapter.
(Added to NRS by 2013, 2228)
NRS 634A.228 Practicing or offering to practice without license: Reporting
requirements of Board. Unless the
Board determines that extenuating circumstances exist, the Board shall forward
to the appropriate law enforcement agency any substantiated information
submitted to the Board concerning a person who practices or offers to practice Oriental
medicine without a license issued pursuant to the provisions of this chapter.
(Added to NRS by 2013, 2228)
NRS 634A.230 Practice without license prohibited; penalties.
1. Any person who
represents himself or herself as a practitioner of Oriental medicine, or any
branch thereof, or who engages in the practice of Oriental medicine, or any
branch thereof, in this State without holding a valid license issued by the
Board is guilty of a gross misdemeanor, unless a greater penalty is provided
pursuant to NRS 200.830 or 200.840.
2. In addition to any other penalty
prescribed by law, if the Board determines that a person has committed any act
described in subsection 1, the Board may:
(a) Issue and serve on the person an order to
cease and desist until the person obtains from the Board the proper license or
otherwise demonstrates that he or she is no longer in violation of subsection 1.
An order to cease and desist must include a telephone number with which the
person may contact the Board.
(b) Issue a citation to the person. A citation
issued pursuant to this paragraph must be in writing, describe with
particularity the nature of the violation and inform the person of the
provisions of this paragraph. Each activity in which the person is engaged
constitutes a separate offense for which a separate citation may be issued. To
appeal a citation, the person must submit a written request for a hearing to
the Board not later than 30 days after the date of issuance of the citation.
(c) Assess against the person an administrative
fine as provided in NRS 634A.250.
(d) Impose any combination of the penalties set
forth in paragraphs (a), (b) and (c).
(Added to NRS by 1973, 640; A 1975, 236; 1981, 1291; 1991, 1130; 2013, 999, 2229)
NRS 634A.240 Injunctive relief.
1. The Board may maintain in any court of
competent jurisdiction a suit for an injunction against any person who violates
any provision of this chapter.
2. Such an injunction:
(a) May be issued without proof of actual damage
sustained by any person, this provision being understood to be a preventive as
well as a punitive measure.
(b) Shall not relieve such person from any
criminal prosecution for the violation.
(Added to NRS by 1973, 640; A 1975, 236; 1977, 306)
NRS 634A.250 Administrative fines. In
addition to any other penalties prescribed by law, the Board may, after notice
and a hearing, as required by law, impose upon any person who violates any
provision of this chapter or the regulations adopted pursuant thereto an
administrative fine of not more than $2,500.
(Added to NRS by 1993, 887; A 2003, 3448; 2005, 769)
