HOMEOPATHIC MEDICINE
GENERAL PROVISIONS
NRS 630A.010 Definitions.
NRS 630A.015 "Advanced practitioner of homeopathy" defined.
NRS 630A.020 "Board" defined.
NRS 630A.030 "Gross malpractice" defined.
NRS 630A.035 "Homeopathic assistant" defined.
NRS 630A.040 "Homeopathic medicine" and "homeopathy" defined.
NRS 630A.050 "Homeopathic physician" defined.
NRS 630A.060 "Malpractice" defined.
NRS 630A.070 "Professional incompetence" defined.
NRS 630A.075 "Supervising homeopathic physician" defined.
NRS 630A.080 License as revocable privilege.
NRS 630A.090 Applicability.
NRS 630A.100 Number, appointment and terms of members.
NRS 630A.110 Qualifications of members.
NRS 630A.120 Expiration of term; removal of member; replacement of removed member.
NRS 630A.130 Oaths of office.
NRS 630A.140 Officers.
NRS 630A.150 Meetings; quorum.
NRS 630A.155 Duties.
NRS 630A.160 Compensation of members and employees; deposit of money received by board; delegation of authority concerning disciplinary action; deposit of fines; claim for attorney's fees or cost of investigation.
NRS 630A.170 Seal.
NRS 630A.175 Unauthorized use of seal or designation of board or license or certificate issued by board.
NRS 630A.180 Fiscal year.
NRS 630A.190 Offices and employees.
NRS 630A.200 Regulations.
NRS 630A.210 Hearings: Subpoenas; production of other evidence.
NRS 630A.220 Unlawful acts concerning practice of homeopathic medicine; limitation on use of designation of degree.
NRS 630A.225 Effect of revocation of license in another jurisdiction for gross medical negligence.
NRS 630A.230 Qualifications of applicant for license to practice homeopathic medicine.
NRS 630A.240 Application: Proof of qualifications; rejection.
NRS 630A.243 Application to include social security number of applicant. [Expires by limitation on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
NRS 630A.246 Payment of child support: Statement by applicant for license or certificate; grounds for denial of license or certificate; duty of board. [Expires by limitation on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
NRS 630A.250 Oral examination.
NRS 630A.260 Reexamination.
NRS 630A.270 Applicant who is graduate of foreign medical school: Proof of qualification; examination.
NRS 630A.280 Reciprocity.
NRS 630A.290 Denial of license; notification; appeal; records of issuance and denial of licenses.
NRS 630A.293 Advanced practitioners of homeopathy: Certification; qualifications; authority.
NRS 630A.295 Advanced practitioners of homeopathy: Regulations of board.
NRS 630A.297 Homeopathic assistant: Certification; authorized services; supervising homeopathic physician.
NRS 630A.299 Homeopathic assistant: Regulations of board.
NRS 630A.310 Temporary, special and restricted licenses: Purposes; issuance; revocation.
NRS 630A.320 Limited license for resident homeopathic physician in postgraduate program of clinical training.
NRS 630A.325 Renewal: Requirements; suspension for failure to submit statement or pay fee; notice to Federal Government. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
NRS 630A.325 Renewal: Requirements; suspension for nonpayment of fee; notice to Federal Government. [Effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
NRS 630A.330 Fees.
Preliminary Proceedings
NRS 630A.340 Grounds for initiating disciplinary action or denying licensure: Unprofessional conduct; criminal offenses; suspension or other modification of license in another jurisdiction; surrender of license while under investigation; gross or repeated malpractice; professional incompetence.
NRS 630A.350 Grounds for initiating disciplinary action or denying licensure: False application for license; misrepresenting disease or injury for personal gain; false advertising; practicing under another name; signing blank prescription form; influencing patient to engage in sexual activity; discouraging second opinion; terminating care without adequate notice.
NRS 630A.360 Grounds for initiating disciplinary action or denying licensure: Accepting compensation to influence evaluation or treatment; inappropriate division of fees; charging for services not rendered; aiding practice by unlicensed person; advertising services of unlicensed person; delegating responsibility to unqualified person; failing to disclose conflict of interest.
NRS 630A.370 Grounds for initiating disciplinary action or denying licensure: Inability to practice; deceptive conduct; harmful medical practices; unlawful administration of controlled substance; unlawful abortion; practicing beyond scope of license; practicing experimental medicine without consent of patient; failure to exercise skill or diligence.
NRS 630A.380 Grounds for initiating disciplinary action or denying licensure: Willful disclosure of privileged communication; willful failure to comply with statute or regulation governing practice.
NRS 630A.390 Filing of complaint; reporting of disciplinary action and findings.
NRS 630A.400 Review of complaint; composition of committee; investigation; board to transmit certain complaints to attorney general; board review of committee's findings.
NRS 630A.410 Investigation of complaint by attorney general; determination of board concerning further action.
NRS 630A.420 Mental or physical examination; examination of competence to practice.
NRS 630A.430 Examination to determine medical competence.
NRS 630A.440 Limitation of time for completion of examination if board issues order for summary suspension of license.
NRS 630A.450 Stay of summary suspension by court prohibited.
NRS 630A.460 Injunctive relief.
NRS 630A.480 Notice of charges and formal hearing.
NRS 630A.490 Service of process.
NRS 630A.500 Rules of evidence not binding; requirements for proof.
NRS 630A.510 Final order of board; disciplinary actions available to board.
NRS 630A.520 Judicial review of board's final order; stay of order pending final determination prohibited.
NRS 630A.530 Restoration of license.
NRS 630A.540 Immunity from civil liability.
NRS 630A.543 Suspension of license or certificate for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license or certificate. [Expires by limitation on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
NRS 630A.545 Procedural requirements same for disciplinary action taken by hearing officer or panel; decision of hearing officer or panel relating to administrative fine is final decision in contested case.
NRS 630A.550 Disciplinary action does not preclude limitation or termination of privileges of licensee or holder of certificate or criminal prosecution; immunity from civil liability.
NRS 630A.555 Confidentiality of records and information obtained during investigation; limitations on disclosure.
NRS 630A.560 Prosecution of violators; employment of investigators.
NRS 630A.570 Injunctive relief against person practicing without license or certificate.
NRS 630A.580 Sufficiency of allegations of complaint seeking injunctive relief.
NRS 630A.590 Penalty for certain violations.
NRS 630A.600 Penalty for practicing without license or certificate.
NRS 630A.010 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 630A.015 to 630A.075, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1983, 1478)
NRS 630A.015"Advanced practitioner of homeopathy" defined."Advanced practitioner of homeopathy" means a person who has:
1. Complied with all of the requirements set forth in this chapter and the regulations adopted by the board for advanced practitioners of homeopathy; and
2. Received from the board a certificate as an advanced practitioner of homeopathy.
(Added to NRS by 1995, 2796)
NRS 630A.020 "Board" defined. Board" means the board of homeopathic medical examiners.
(Added to NRS by 1983, 1478)
NRS630A.030 "Gross malpractice" defined."Gross malpractice" means malpractice where the failure to exercise the requisite degree of care, diligence or skill consists of:
1. Ministering to a patient while the homeopathic physician is under the influence of alcohol or any controlled substance.
2. Gross negligence.
3. Willful disregard of homeopathic medical procedures.
4. Willful and consistent use of homeopathic medical procedures, services or treatment considered by homeopathic physicians in the community to be inappropriate or unnecessary in the cases where used.
(Added to NRS by 1983, 1478; A 1987, 1555)
NRS 630A.035 "Homeopathic assistant" defined."Homeopathic assistant" means a person who is a graduate of an academic program approved by the board or who, by general education, practical training and experience determined to be satisfactory by the board, is qualified to perform homeopathic services under the supervision of a supervising homeopathic physician and who has been issued a certificate as a homeopathic assistant by the board.
(Added to NRS by 1995, 2796)
NRS630A.040 "Homeopathic medicine" and "homeopathy" defined."Homeopathic medicine" or "homeopathy" means a system of medicine employing substances of animal, vegetable, chemical or mineral origin, including:
1. Nosodes and sarcodes, which are:
(a) Given in micro-dosage, except that sarcodes may be given in macro-dosage;
(b) Prepared according to homeopathic pharmacology by which the formulation of homeopathic preparations is accomplished by the methods of Hahnemannian dilution and succussion or magnetically energized geometric patterns applicable in potencies above 30X, as defined in the official Homeopathic Pharmacopoeia of the United States; and
(c) Prescribed by homeopathic physicians or advanced practitioners of homeopathy according to the medicines and dosages in the Homeopathic Pharmacopoeia of the United States in accordance with the principle that a substance which produces symptoms in a healthy person can eliminate those symptoms in an ill person.
2. Noninvasive electrodiagnosis, cell therapy, neural therapy, herbal therapy, neuromuscular integration, orthomolecular therapy and nutrition.
(Added to NRS by 1983, 1479; A 1987, 2056; 1995, 2798; 1997, 1417)
NRS630A.050 "Homeopathic physician" defined. "Homeopathic physician" means a person who has:
1. Complied with all of the requirements set forth in this chapter and the regulations adopted by the board for the practice of homeopathic medicine; and
2. Received from the board a license to practice homeopathic medicine.
(Added to NRS by 1983, 1479; A 1985, 309; 1987, 2056)
NRS 630A.060 "Malpractice" defined. "Malpractice" means failure on the part of a homeopathic physician to exercise the degree of care, diligence and skill ordinarily exercised by homeopathic physicians in good standing in the community in which he practices. As used in this section, "community" embraces the entire area customarily served by homeopathic physicians among whom a patient may reasonably choose, not merely the particular area inhabited by the patients of that individual physician or the particular city or place where he has his office.
(Added to NRS by 1983, 1479)
NRS 630A.070 "Professional incompetence" defined. "Professional incompetence" means lack of ability safely and skillfully to practice homeopathic medicine, or to practice one or more specified branches of homeopathic medicine, arising from:
1. Lack of knowledge or training.
2. Impaired physical or mental capability of the homeopathic physician.
3. Indulgence in the use of alcohol or any controlled substance.
4. Any other sole or contributing cause.
(Added to NRS by 1983, 1479)
NRS 630A.075 "Supervising homeopathic physician" defined. "Supervising homeopathic physician" means an active homeopathic physician licensed in the State of Nevada who employs and supervises a homeopathic assistant or an advanced practitioner of homeopathy.
(Added to NRS by 1995, 2796)
NRS 630A.080 License as revocable privilege. The purpose of licensing homeopathic physicians is to protect the public health and safety and the general welfare of the people of this state. Any license issued pursuant to this chapter is a revocable privilege and no holder of such a license acquires thereby any vested right.
(Added to NRS by 1983, 1479)
NRS 630A.090 Applicability. 1. This chapter does not apply to:
(a) The practice of dentistry, chiropractic, Oriental medicine, podiatry, optometry, respiratory care, faith or Christian Science healing, nursing, veterinary medicine or fitting hearing aids.
(b) A medical officer of the armed services or a medical officer of any division or department of the United States in the discharge of his official duties.
(c) Licensed or certified nurses in the discharge of their duties as nurses.
(d) Homeopathic physicians who are called into this state, other than on a regular basis, for consultation or assistance to any physician licensed in this state, and who are legally qualified to practice in the state or country where they reside.
2. This chapter does not repeal or affect any statute of Nevada regulating or affecting any other healing art.
3. This chapter does not prohibit:
(a) Gratuitous services of a person in case of emergency.
(b) The domestic administration of family remedies.
4. This chapter does not authorize a homeopathic physician to practice medicine, including allopathic medicine, except as otherwise provided in NRS 630A.040.
(Added to NRS by 1983, 1480; A 1985, 1033; 1987, 2057; 1991, 1126; 1995, 1792; 1997, 1418)
BOARD OF HOMEOPATHIC MEDICAL EXAMINERS
NRS Number, appointment and terms of members. The board of homeopathic medical examiners consists of seven members appointed by the governor. After the initial terms, the term of office of each member is 4 years.
(Added to NRS by 1983, 1480; A 1985, 12, 1034)
NRS 630A.110 Qualifications of members.
1. Four members of the board must be persons who are licensed to practice allopathic or osteopathic medicine in any state or country, the District of Columbia or a territory or possession of the United States, have been engaged in the practice of homeopathic medicine in this state for a period of more than 2 years preceding their respective appointments, are actually engaged in the practice of homeopathic medicine in this state and are residents of the state.
2. The remaining members must be persons who:
(a) Are not licensed in any state to practice any healing art;
(b) Are not actively engaged in the administration of any medical facility or facility for the dependent as defined in chapter 449 of NRS;
(c) Do not have a pecuniary interest in any matter pertaining to such a facility, except as a patient or potential patient; and
(d) Have resided in this state for at least 5 years.
3. The members of the board must be selected without regard to their individual political beliefs.
4. As used in this section, "healing art" means any system, treatment, operation, diagnosis, prescription or practice for the ascertainment, cure, relief, palliation, adjustment or correction of any human disease, ailment, deformity, injury, or unhealthy or abnormal physical or mental condition for the practice of which long periods of specialized education and training and a degree of specialized knowledge of an intellectual as well as physical nature are required.
(Added to NRS by 1983, 1480; A 1985, 1034, 1766; 1987, 2057)
NRS 630A.120 Expiration of term; removal of member; replacement of removed member.
1. Upon expiration of his term of office, a member shall continue to serve until a person qualified under this chapter is appointed as his successor.
2. A member of the board may be removed by the governor for good cause. The governor shall appoint a person qualified under this chapter to replace a removed member for the remainder of the unexpired term.
(Added to NRS by 1983, 1481; A 1985, 1034; 1987, 2058)
NRS Oaths of office. Before entering upon the duties of his office, each member of the board shall take:
1. The constitutional oath or affirmation of office; and
2. An oath or affirmation that he is legally qualified to serve on the board.
(Added to NRS by 1983, 1481; A 1987, 2058)
NRS 630A.140 Officers.
1. The board shall elect from its members a president, a vice president and a secretary-treasurer. The officers of the board hold their respective offices during its pleasure.
2. The board shall receive through its secretary-treasurer applications for the certificates issued under this chapter.
3. The secretary-treasurer is entitled to receive a salary, in addition to the salary paid pursuant to NRS 630A.160, the amount of which must be determined by the board.
(Added to NRS by 1983, 1481; A 1987, 2058)
NRS 630A.150 Meetings; quorum.
1. The board shall meet at least twice annually and may meet at other times on the call of the president or a majority of its members.
2. A majority of the board constitutes a quorum to transact all business.
(Added to NRS by 1983, 1481)
NRS 630A.155 Duties. The board shall:
1. Regulate the practice of homeopathic medicine in this state and any activities that are within the scope of such practice, to protect the public health and safety and the general welfare of the people of this state.
2. Determine the qualifications of, and examine, applicants for licensure or certification pursuant to this chapter, and specify by regulation the methods to be used to check the background of such applicants.
3. License or certify those applicants it finds to be qualified.
4. Investigate, hear and decide all complaints made against any homeopathic physician, advanced practitioner of homeopathy, homeopathic assistant or any agent or employee of any of them, or any facility where the primary practice is homeopathic medicine. If a complaint concerns a practice which is within the jurisdiction of another licensing board, including, without limitation, spinal manipulation, surgery, nursing or allopathic medicine, the board shall refer the complaint to the other licensing board.
(Added to NRS by 1997, 1417)
NRS 630A.160 Compensation of members and employees; deposit of money received by board; delegation of authority concerning disciplinary action; deposit of fines; claim for attorney's fees or cost of investigation.
1. Out of the money coming into the possession of the board, each member of the board is entitled to receive:
(a) A salary of not more than $80 per day, as fixed by the board, while engaged in the business of the board; and
(b) A per diem allowance and travel expenses at a rate fixed by the board, while engaged in the business of the board. The rate must not exceed the rate provided for state officers and employees generally.
2. While engaged in the business of the board, each employee of the board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the board. The rate must not exceed the rate provided for state officers and employees generally.
3. Expenses of the board and the expenses and salaries of the members and employees of the board must be paid from the fees received by the board pursuant to the provisions of this chapter. Except as otherwise provided in subsection 6, no part of the salaries or expenses of the members of the board may be paid out of the state general fund.
4. All money received by the board must be deposited in financial institutions in this state that are federally insured or insured by a private insurer approved pursuant to NRS 678.755.
5. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect administrative fines, court costs and attorney's fees therefor and deposit the money therefrom in financial institutions in this state that are federally insured or insured by a private insurer approved pursuant to NRS 678.755.
6. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 5, the board shall deposit the money collected from the imposition of administrative fines, court costs and attorney's fees with the state treasurer for credit to the state general fund. The board may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorney's fees or the costs of an investigation, or both.
(Added to NRS by 1983, 1481; A 1987, 2058; 1989, 1696; 1995, 2798; 1999, 1530)
NRS 630A.170 Seal.
1. The board shall procure a seal.
2. All licenses and certificates issued by the board must bear the seal of the board and the signatures of its president and secretary-treasurer.
(Added to NRS by 1983, 1481; A 1995, 2799; 1997, 675, 1622)
NRS 630A.175 Unauthorized use of seal or designation of board or license or certificate issued by board. A person shall not use the seal, the designation of the board or any license or certificate issued by the board or any imitation thereof in any way not authorized by this chapter or the regulations of the board.
(Added to NRS by 1995, 2798)
NRS 630A.180 Fiscal year. The board shall operate on the basis of a fiscal year commencing on July 1 and terminating on June 30.
(Added to NRS by 1983, 1481)
NRS 630A.190 Offices and employees. The board may:
1. Maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.
2. Employ attorneys, investigators, hearing officers, experts, administrators, consultants and clerical personnel necessary to the discharge of its duties.
(Added to NRS by 1983, 1481; A 1987, 2058)
NRS 630A.200 Regulations. The board may adopt such regulations as are necessary or desirable to enable it to carry out the provisions of this chapter.
(Added to NRS by 1983, 1481)
NRS 630A.210 Hearings: Subpoenas; production of other evidence.
1. The board may hold hearings and conduct investigations relating to its duties under this chapter and take evidence on any matter under inquiry before the board. The secretary-treasurer of the board or, in his absence, any member of the board may administer oaths to any witness appearing before the board. The secretary-treasurer or president of the board may issue subpoenas to compel the attendance of witnesses and the production of books, medical records, X-ray photographs and other papers. The secretary-treasurer, president or other officer of the board shall sign the subpoena on behalf of the board.
2. If any person fails to comply with a subpoena issued by the board, the secretary-treasurer or president of the board may petition the district court for an order of the court compelling compliance with the subpoena.
3. Upon such a petition, the court shall enter an order directing the person subpoenaed to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days from the date of the order, and then and there show cause why he has not complied with the subpoena. A certified copy of the order must be served upon that person.
4. If it appears to the court that the subpoena was regularly issued by the board, the court shall enter an order compelling compliance with the subpoena, and upon failure to obey the order the person must be dealt with as for contempt of court.
(Added to NRS by 1983, 1481; A 1987, 2059)
NRS 630A.220 Unlawful acts concerning practice of homeopathic medicine; limitation on use of designation of degree.
1. It is unlawful for any person:
(a) To practice homeopathic medicine;
(b) To hold himself out as qualified to practice homeopathic medicine; or
(c) To use in connection with his name the words or letters "H.M.D." or any other title, word, letter or other designation intended to imply or designate him as a practitioner of homeopathic medicine, in this state without first obtaining a license so to do as provided in this chapter.
2. A physician licensed pursuant to this chapter who holds a degree such as doctor of medicine or doctor of osteopathy may identify himself by that degree or its appropriate abbreviation, but unless he is also licensed pursuant to chapter 630 or 633 of NRS must further identify himself by the words "practitioner of homeopathic medicine" or their equivalent.
(Added to NRS by 1983, 1482; A 1985, 309, 1035)
NRS 630A.225 Effect of revocation of license in another jurisdiction for gross medical negligence.
1. The board shall not issue a license to practice homeopathic medicine to an applicant who has been licensed to practice any type of medicine in another jurisdiction and whose license was revoked for gross medical negligence by that jurisdiction.
2. The board may revoke the license of any person licensed to practice homeopathic medicine in this state if it determines that the person had a license to practice any type of medicine in another jurisdiction which was revoked for gross medical negligence by that jurisdiction.
3. The revocation of a license to practice any type of medicine in another jurisdiction on grounds other than grounds which would constitute revocation for gross medical negligence constitutes grounds for initiating disciplinary action or denying the issuance of a license.
4. For the purposes of this section, the board shall adopt by regulation a definition of gross medical negligence.
(Added to NRS by 1991, 1070)
NRS 630A.230 Qualifications of applicant for license to practice homeopathic medicine.
1. Every person desiring to practice homeopathic medicine must, before beginning to practice, procure from the board a license authorizing such practice. 2. Except as otherwise provided in NRS 630A.225, a license may be issued to any person who:
(a) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(b) Has received the degree of Doctor of Medicine or Doctor of Osteopathic Medicine from the school he attended during the 2 years immediately preceding the granting of the degree;
(c) Is licensed to practice allopathic or osteopathic medicine in any state or country, the District of Columbia or a territory or possession of the United States;
(d) Has completed 1 year of postgraduate training in allopathic or osteopathic medicine approved by the board;
(e) Has passed all oral or written examinations required by the board or this chapter; and
(f) Meets additional requirements established by the board.
(Added to NRS by 1983, 1482; A 1985, 310, 1035; 1987, 2059; 1991, 1070)
NRS 630A.240 Application: Proof of qualifications; rejection.
1. An applicant for a license to practice homeopathic medicine who is a graduate of a medical school located in the United States or Canada shall submit to the board, through its secretary-treasurer, proof that he has received:
(a) The degree of Doctor of Medicine from a medical school which at the time of his graduation was accredited by the Liaison Committee on Medical Education or the Committee for the Accreditation of Canadian Medical Schools, or the degree of Doctor of Osteopathic Medicine from an osteopathic school which at the time of his graduation was accredited by the Bureau of Professional Education of the American Osteopathic Association;
(b) One year of postgraduate training in allopathic or osteopathic medicine approved by the board; and
(c) Six months of postgraduate training in homeopathy.
2. In addition to the proofs required by subsection 1, the board may take such further evidence and require such other documents or proof of qualification as in its discretion may be deemed proper.
3. If it appears that the applicant is not of good moral character or reputation or that any credential submitted is false, the applicant may be rejected.
(Added to NRS by 1983, 1482; A 1987, 2060)
NRS 630A.243 Application to include social security number of applicant. [Expires by limitation on the date of the repeal of 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.] An application for the issuance of a license to practice homeopathic medicine, a certificate as an advanced practitioner of homeopathy or a certificate as a homeopathic assistant must include the social security number of the applicant.
(Added to NRS by 1997, 2121)
NRS 630A.246 Payment of child support: Statement by applicant for license or certificate; grounds for denial of license or certificate; duty of board. [Expires by limitation on the date of the repeal of 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. An applicant for the issuance or renewal of a license to practice homeopathic medicine, a certificate as an advanced practitioner of homeopathy or a certificate as a homeopathic assistant shall submit to the board the statement prescribed by the welfare division of the department of human resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The board shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the license or certificate; or
(b) A separate form prescribed by the board.
3. A license to practice homeopathic medicine, a certificate as an advanced practitioner of homeopathy or a certificate as a homeopathic assistant may not be issued or renewed by the board if the applicant:
(a) Fails to submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that he 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 he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
(Added to NRS by 1997, 2121)
NRS 630A.250 Oral examination.
1. If required by the board, an applicant for a license to practice homeopathic medicine shall appear personally and pass an oral examination.
2. The board may employ specialists and other consultants or examining services in conducting any examination required by the board.
(Added to NRS by 1983, 1483; A 1987, 2060)
NRS 630A.260 Reexamination.
1. If an applicant fails in a first examination, he may be reexamined after not less than 6 months.
2. If he fails in a second examination, he may not be reexamined within less than 1 year after the date of the second examination. Before taking a third examination, he shall furnish proof satisfactory to the board of 1 year of additional training in homeopathy after the second examination.
3. If an applicant fails three consecutive examinations, he must show the board by clear and convincing evidence that extraordinary circumstances justify permitting him to be reexamined again.
(Added to NRS by 1983, 1483; A 1987, 2061)
NRS 630A.270 Applicant who is graduate of foreign medical school: Proof of qualification; examination. 1. An applicant for a license to practice homeopathic medicine who is a graduate of a foreign medical school shall submit to the board through its secretary-treasurer proof that he:
(a) Is a citizen of the United States, or that he is lawfully entitled to remain and work in the United States;
(b) Has received the degree of Doctor of Medicine or its equivalent, as determined by the board, from a foreign medical school recognized by the Educational Commission for Foreign Medical Graduates;
(c) Has completed 3 years of postgraduate training satisfactory to the board;
(d) Has completed an additional 6 months of postgraduate training in homeopathic medicine;
(e) Has received the standard certificate of the Educational Commission for Foreign Medical Graduates; and
(f) Has passed all parts of the Federation Licensing Examination, or has received a written statement from the Educational Commission for Foreign Medical Graduates that he has passed the examination given by the Commission.
2. In addition to the proofs required by subsection 1, the board may take such further evidence and require such further proof of the professional and moral qualifications of the applicant as in its discretion may be deemed proper.
3. If the applicant is a diplomate of an approved specialty board recognized by this board, the requirements of paragraphs (c) and (d) of subsection 1 may be waived by the board.
4. Before issuance of a license to practice homeopathic medicine, the applicant who presents the proof required by subsection 1 shall appear personally before the board and satisfactorily pass a written or oral examination, or both, as to his qualifications to practice homeopathic medicine.
(Added to NRS by 1983, 1483; A 1987, 2061)
NRS 630A.280 Reciprocity. The board may, in its discretion, license an applicant who holds a valid license or certificate issued to him by the homeopathic medical examining board of the District of Columbia or of any state or territory of the United States, if:
1. The legal requirements of the homeopathic medical examining board were, at the time of issuing the license or certificate, in no degree or particular less than those of this state at the time when the license or certificate was issued.
2. The applicant is of good moral character and reputation.
3. The applicant passes an oral examination, where required by the board.
4. The applicant furnishes to the board such other proof of qualifications, professional or moral, as the board may require.
(Added to NRS by 1983, 1484)
NRS 630A.290 Denial of license; notification; appeal; records of issuance and denial of licenses.
1. The board may deny an application for a license to practice homeopathic medicine for any violation of the provisions of this chapter or the regulations adopted by the board.
2. The board shall notify an applicant of any deficiency which prevents any further action on his application or results in the denial of the application. The applicant may respond in writing to the board concerning any deficiency and, if he does so, the board shall respond in writing to the contentions of the applicant.
3. An unsuccessful applicant may appeal to the district court to review the action of the board within 30 days after the date of the rejection of his application by the board. Upon appeal the applicant has the burden to show that the action of the board is erroneous or unlawful.
4. The board shall maintain records pertaining to applicants to whom licenses have been issued or denied. The records must be open to the public and must contain:
(a) The name of each applicant.
(b) The name of the school granting the diploma.
(c) The date of the diploma.
(d) The date of issuance or denial of the license.
(e) The business address of the applicant.
(Added to NRS by 1983, 1484; A 1985, 310; 1987, 2062)
NRS 630A.293 Advanced practitioners of homeopathy: Certification; qualifications; authority. 1. The board may grant a certificate as an advanced practitioner of homeopathy to a person who has completed an educational program designed to prepare him to:
(a) Perform designated acts of medical diagnosis;
(b) Prescribe therapeutic or corrective measures; and
(c) Prescribe substances used in homeopathic medicine.
2. An advanced practitioner of homeopathy may:
(a) Engage in selected medical diagnosis and treatment; and
(b) Prescribe substances which are contained in the Homeopathic Pharmacopeia of the United States,
pursuant to a protocol approved by a supervising homeopathic physician. A protocol must not include, and an advanced practitioner of homeopathy shall not engage in, any diagnosis, treatment or other conduct which he is not qualified to perform.
3. As used in this section, "protocol" means a written agreement between a homeopathic physician and an advanced practitioner of homeopathy which sets forth matters including the:
(a) Patients which the advanced practitioner of homeopathy may serve;
(b) Specific substances used in homeopathic medicine which the advanced practitioner of homeopathy may prescribe; and
(c) Conditions under which the advanced practitioner of homeopathy must directly refer the patient to the homeopathic physician.
(Added to NRS by 1995, 2796)
NRS 630A.295 Advanced practitioners of homeopathy: Regulations of board. The board shall adopt regulations:
1. Specifying the training, education and experience necessary for certification as an advanced practitioner of homeopathy.
2. Delineating the authorized scope of practice of an advanced practitioner of homeopathy.
3. Establishing the procedure for application for certification as an advanced practitioner of homeopathy.
4. Establishing the duration, renewal and termination of certificates for advanced practitioners of homeopathy.
5. Establishing requirements for the continuing education of advanced practitioners of homeopathy.
6. Delineating the grounds and procedures respecting disciplinary actions against advanced practitioners of homeopathy.
(Added to NRS by 1995, 2797)
NRS 630A.297 Homeopathic assistant: Certification; authorized services; supervising homeopathic physician.
1. The board may issue a certificate as a homeopathic assistant to an applicant who is qualified under the regulations of the board to perform homeopathic services under the supervision of a supervising homeopathic physician. The application for the certificate must be cosigned by the supervising homeopathic physician, and the certificate is valid only so long as that supervising homeopathic physician employs and supervises the homeopathic assistant.
2. A homeopathic assistant may perform such homeopathic services as he is authorized to perform under the terms of the certificate issued to him by the board, if the services are performed under the supervision and control of the supervising homeopathic physician.
3. A supervising homeopathic physician shall not cosign for, employ or supervise more than five homeopathic assistants at the same time.
(Added to NRS by 1995, 2797)
NRS 630A.299 Homeopathic assistant: Regulations of board. The board shall adopt regulations regarding the certification of a homeopathic assistant, including, but not limited to:
1. The educational and other qualifications of applicants.
2. The required academic program for applicants.
3. The procedures for applications for and the issuance of certificates.
4. The tests or examinations of applicants by the board.
5. The medical services which a homeopathic assistant may perform, except that he may not perform those specific functions and duties delegated or restricted by law to persons licensed as dentists, chiropractors, podiatric physicians, optometrists or hearing aid specialists under chapter 631, 634, 635, 636 or 637A, respectively, of NRS.
6. The duration, renewal and termination of certificates.
7. The grounds and procedures respecting disciplinary actions against homeopathic assistants.
8. The supervision of a homeopathic assistant by a supervising homeopathic physician.
9. The establishment of requirements for the continuing education of homeopathic assistants.
(Added to NRS by 1995, 2797)
NRS 630A.310 Temporary, special and restricted licenses: Purposes; issuance; revocation.
1. Except as otherwise provided in NRS 630A.225, the board may:
(a) Issue a temporary license, to be effective not more than 6 months after issuance, to any homeopathic physician who is eligible for a permanent license in this state and who also is of good moral character and reputation. The purpose of the temporary license is to enable an eligible homeopathic physician to serve as a substitute for some other homeopathic physician who is licensed to practice homeopathic medicine in this state, and who is absent from his practice for reasons deemed sufficient by the board. A temporary license issued under the provisions of this paragraph is not renewable.
(b) Issue a special license to a licensed homeopathic physician of another state to come into Nevada to care for or assist in the treatment of his own patients in association with a physician licensed in this state. A special license issued under the provisions of this paragraph is limited to the care of a specific patient.
(c) Issue a restricted license for a specified period if the board determines the applicant needs supervision or restriction.
2. A person who is licensed pursuant to paragraph (a), (b) or (c) of subsection 1 shall be deemed to have given his consent to the revocation of the license at any time by the board for any of the grounds provided in NRS 630A.225 or 630A.340 to 630A.380, inclusive.
(Added to NRS by 1983, 1484; A 1987, 2062; 1991, 1071)
NRS 630A.320 Limited license for resident homeopathic physician in postgraduate program of clinical training.
1. Except as otherwise provided in NRS 630A.225, the board may issue to a qualified applicant a limited license to practice homeopathic medicine as a resident homeopathic physician in a postgraduate program of clinical training if:<
(a) The applicant is a graduate of an accredited medical school in the United States or Canada or is a graduate of a foreign medical school recognized by the Educational Commission for Foreign Medical Graduates and:
(1) Is a citizen of the United States or is lawfully entitled to remain and work in the United States; and
(2) Has completed 1 year of supervised clinical training approved by the board.
(b) The board approves the program of clinical training, and the medical school or other institution sponsoring the program provides the board with written confirmation that the applicant has been appointed to a position in the program
2. In addition to the requirements of subsection 1, an applicant who is a graduate of a foreign medical school must have received the standard certificate of the Educational Commission for Foreign Medical Graduates.
3. The board may issue this limited license for not more than 1 year, but may renew the license.
4. The holder of this limited license may practice homeopathic medicine only in connection with his duties as a resident physician and shall not engage in the private practice of homeopathic medicine.
5. A limited license granted under this section may be revoked by the board at any time for any of the grounds set forth in NRS 630A.225 or 630A.340 to 630A.380, inclusive.
(Added to NRS by 1983, 1484; A 1985, 1035; 1987, 2063; 1991, 1071)
NRS 630A.325 Renewal: Requirements; suspension for failure to submit statement or pay fee; notice to Federal Government. [Effective until the date of the repeal of 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. To renew a license other than a temporary, special or limited license issued pursuant to this chapter, each person must, on or before January 1 of each year:
(a) Apply to the board for renewal;
(b) Submit the statement required pursuant to NRS 630A.246;
(c) Pay the annual fee for renewal set by the board; and
(d) Submit evidence to the board of his completion of the requirements for continuing education.
2. The board shall, as a prerequisite for the renewal or restoration of a license other than a temporary, special or limited license, require each holder of a license to comply with the requirements for continuing education adopted by the board.
3. Any holder who fails to pay the annual fee for renewal and submit the statement required pursuant to NRS 630A.246 after they become due must be given a period of 60 days in which to pay the fee and submit the statement, and, failing to do so, automatically forfeits his right to practice homeopathic medicine, and his license to practice homeopathic medicine in this state is automatically suspended. The holder may, within 2 years after the date his license is suspended, apply for the restoration of his license.
4. The board shall notify any holder whose license is automatically suspended pursuant to subsection 3 and send a copy of the notice to the Drug Enforcement Administration of the United States Department of Justice or its successor agency.
(Added to NRS by 1985, 546; A 1997, 2122) NRS 630A.325 Renewal: Requirements; suspension for nonpayment of fee; notice to Federal Government. [Effective on the date of the repeal of 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. To renew a license other than a temporary, special or limited license issued pursuant to this chapter, each person must, on or before January 1 of each year:
(a) Apply to the board for renewal;
(b) Pay the annual fee for renewal set by the board; and
(c) Submit evidence to the board of his completion of the requirements for continuing education.
2. The board shall, as a prerequisite for the renewal or restoration of a license other than a temporary, special or limited license, require each holder of a license to comply with the requirements for continuing education adopted by the board.
3. Any holder failing to pay the annual fee for renewal after it becomes due must be given a period of 60 days in which to pay the fee, and, failing to do so, automatically forfeits his right to practice homeopathic medicine, and his license to practice homeopathic medicine in Nevada is automatically suspended. The holder may, within 2 years after the date his license is suspended, apply for the restoration of his license.
4. The board shall notify any holder whose license is automatically suspended for nonpayment of the annual fee for renewal and send a copy of the notice to the Drug Enforcement Administration of the United States Department of Justice or its successor agency.
(Added to NRS by 1985, 546; A 1997, 2122, effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)
NRS 630A.330 Fees. 1. Except as otherwise provided in subsection 6, each applicant for a license to practice homeopathic medicine must:
(a) Pay a fee of $500; and
(b) Pay the cost of obtaining such further evidence and proof of qualifications as the board may require pursuant to subsection 2 of NRS 630A.240.
2. Each applicant for a certificate as an advanced practitioner of homeopathy must:
(a) Pay a fee of $300; and
(b) Pay the cost of obtaining such further evidence and proof of qualifications as the board may require pursuant to NRS 630A.295.
3. Each applicant for a certificate as a homeopathic assistant must pay a fee of $150.
4. Each applicant for a license or certificate who fails an examination and who is permitted to be reexamined must pay a fee not to exceed $400 for each reexamination.
5. If an applicant for a license or certificate does not appear for examination, for any reason deemed sufficient by the board, the board may, upon request, refund a portion of the application fee not to exceed 50 percent of the fee. There must be no refund of the application fee if an applicant appears for examination.
6. Each applicant for a license issued under the provisions of NRS 630A.310 or 630A.320 must pay a fee not to exceed $150, as determined by the board, and must pay a fee of $100 for each renewal of the license.
7. The fee for the renewal of a license or certificate, as determined by the board, must not exceed $600 per year and must be collected for the year in which a physician, advanced practitioner of homeopathy or homeopathic assistant is licensed or certified.
8. The fee for the restoration of a suspended license or certificate is twice the amount of the fee for the renewal of a license or certificate at the time of the restoration of the license or certificate.
(Added to NRS by 1983, 1485; A 1985, 310, 547, 1036; 1987, 2063; 1995, 2799)
DISCIPLINARY ACTION
Preliminary Proceedings
NRS 630A.340 Grounds for initiating disciplinary action or denying licensure: Unprofessional conduct; criminal offenses; suspension or other modification of license in another jurisdiction; surrender of license while under investigation; gross or repeated malpractice; professional incompetence.
The following acts, among others, constitute grounds for initiating disciplinary action or denying the issuance of a license:
1. Unprofessional conduct.
2. Conviction of:
(a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;
(b) A felony;
(c) A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310, or 616D.350 to 616D.440, inclusive;
(d) Any offense involving moral turpitude; or
(e) Any offense relating to the practice of homeopathic medicine or the ability to practice homeopathic medicine.
A plea of nolo contendere to any offense listed in paragraph (a), (b), (c), (d) or (e) shall be deemed a conviction.
3. The suspension, modification or limitation of a license to practice any type of medicine by any other jurisdiction.
4. The surrender of a license to practice any type of medicine or the discontinuance of the practice of medicine while under investigation by any licensing authority, medical facility, facility for the dependent, branch of the Armed Forces of the United States, insurance company, agency of the Federal Government or employer.
5. Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.
6. Professional incompetence.
(Added to NRS by 1983, 1486; A 1987, 1555, 2064; 1991, 1072; 1993, 783)
NRS 630A.350 Grounds for initiating disciplinary action or denying licensure: False application for license; misrepresenting disease or injury for personal gain; false advertising; practicing under another name; signing blank prescription form; influencing patient to engage in sexual activity; discouraging second opinion; terminating care without adequate notice. The following acts, among others, constitute grounds for initiating disciplinary action or denying the issuance of a license:
1. Willfully making a false or fraudulent statement or submitting a forged or false document in applying for a license to practice homeopathic medicine.
2. Willfully representing with the purpose of obtaining compensation or other advantages for himself or for any other person that a manifestly incurable disease or injury or other manifestly incurable condition can be permanently cured.
3. Obtaining, maintaining or renewing, or attempting to obtain, maintain or renew a license to practice homeopathic medicine by bribery, fraud or misrepresentation or by any false, misleading, inaccurate or incomplete statement.
4. Advertising the practice of homeopathic medicine in a false, deceptive or misleading manner.
5. Practicing or attempting to practice homeopathic medicine under a name other than the name under which he is licensed.
6. Signing a blank prescription form.
7. Influencing a patient in order to engage in sexual activity with the patient or another person.
8. Attempting directly or indirectly, by way of intimidation, coercion or deception, to obtain or retain a patient or to discourage a patient from obtaining a second opinion.
9. Terminating the medical care of a patient without giving adequate notice or making other arrangements for the continued care of the patient.
(Added to NRS by 1983, 1486; A 1987, 2064)
NRS 630A.360 Grounds for initiating disciplinary action or denying licensure: Accepting compensation to influence evaluation or treatment; inappropriate division of fees; charging for services not rendered; aiding practice by unlicensed person; advertising services of unlicensed person; delegating responsibility to unqualified person; failing to disclose conflict of interest. The following acts, among others, constitute grounds for initiating disciplinary action or denying the issuance of a license:
1. Directly or indirectly receiving from any person any fee, commission, rebate or other form of compensation which tends or is intended to influence the physician's objective evaluation or treatment of a patient.
2. Dividing a fee between homeopathic physicians, unless the patient is informed of the division of fees and the division is made in proportion to the services personally performed and the responsibility assumed by each homeopathic physician.
3. Charging for visits to the homeopathic physician's office which did not occur or for services which were not rendered or documented in the records of the patient.
4. Employing, directly or indirectly, any suspended or unlicensed person in the practice of homeopathic medicine, or the aiding, abetting or assisting of any unlicensed person to practice homeopathic medicine contrary to the provisions of this chapter or the regulations adopted by the board.
5. Advertising the services of an unlicensed person in the practice of homeopathic medicine.
6. Delegating responsibility for the care of a patient to a person whom the homeopathic physician knows, or has reason to know, is not qualified to undertake that responsibility.
7. Failing to disclose to a patient any financial or other conflict of interest affecting the care of the patient.
(Added to NRS by 1983, 1486;
A 1987, 2065)
NRS 630A.370 Grounds for initiating disciplinary action or denying licensure:
Inability to practice; deceptive conduct; harmful medical practices; unlawful
administration of controlled substance; unlawful abortion; practicing beyond
scope of license; practicing experimental medicine without consent of patient;
failure to exercise skill or diligence. The
following acts, among others, constitute grounds for initiating disciplinary
action or denying the issuance of a license:
1. Inability to practice
homeopathic medicine with reasonable skill and safety because of an illness, a
mental or physical condition or the use of alcohol, drugs, narcotics or any
other addictive substance.
2. Engaging in any:
(a) Professional conduct which
is intended to deceive or which the board by regulation has determined is
unethical.
(b) Medical practice harmful to
the public or any conduct detrimental to the public health, safety or morals
which does not constitute gross or repeated malpractice or professional
incompetence.
3. Administering,
dispensing or prescribing any controlled substance, except as authorized by
law.
4. Performing, assisting
or advising an unlawful abortion or in the injection of any liquid substance
into the human body to cause an abortion.
5. Practicing or offering
to practice beyond the scope permitted by law, or performing services which the
homeopathic physician knows or has reason to know he is not competent to
perform.
6. Performing any
procedure without first obtaining the informed consent of the patient or his
family or prescribing any therapy which by the current standards of the practice
of homeopathic medicine is experimental.
7. Continued failure to
exercise the skill or diligence or use the methods ordinarily exercised under
the same circumstances by physicians in good standing who practice homeopathy
and electrodiagnosis.
(Added to NRS by 1983, 1487;
A 1987, 1555, 2066)< NRS 630A.380 Grounds for initiating disciplinary action or denying licensure:
Willful disclosure of privileged communication; willful failure to comply with
statute or regulation governing practice. The following acts, among others, constitute grounds
for initiating disciplinary action or denying the issuance of a license:
1. Willful disclosure of
a communication privileged under a statute or court order.
2. Willful failure to
comply with any provision of this chapter, regulation, subpoena or order of the
board or with any court order relating to this chapter.
3. Willful failure to
perform any statutory or other legal obligation imposed upon a licensed
homeopathic physician.
(Added to NRS by 1983, 1487;
A 1987, 2066)
NRS 630A.390 Filing of complaint; reporting of disciplinary action and
findings.
1. Any person who becomes
aware that a person practicing medicine in this state has, is or is about to
become engaged in conduct which constitutes grounds for initiating disciplinary
action may file a written complaint with the board.
2. Any medical society or
medical facility or facility for the dependent licensed in this state shall
report to the board the initiation and outcome of any disciplinary action
against any homeopathic physician concerning the care of a patient or the
competency of the physician.
3. The clerk of every
court shall report to the board any finding, judgment or other determination of
the court that a homeopathic physician:
(a) Is mentally ill;
(b) Is mentally
incompetent;
(c) Has been convicted of a
felony or any law relating to controlled substances or dangerous drugs;
(d) Is guilty of abuse or fraud
under any state or federal program providing medical assistance; or
(e) Is liable for damages for
malpractice or negligence.
(Added to NRS by 1983, 1487;
A 1987, 2067)
NRS 630A.400 Review of complaint; composition of committee; investigation;
board to transmit certain complaints to attorney general; board review of
committee's findings.
1. The board or a
committee of its members designated by the board shall review every complaint
filed with the board and conduct an investigation to determine whether there is
a reasonable basis for compelling a homeopathic physician to take a mental or
physical examination or an examination of his competence to practice homeopathic
medicine.
2. If a committee is
designated, it must be composed of at least three members of the board, at least
one of whom is a licensed homeopathic physician.
3. If, from the complaint
or from other official records, it appears that the complaint is not frivolous
and the complaint charges gross or repeated malpractice, the board shall
transmit the original complaint, along with further facts or information derived
from its own review, to the attorney general.
4. Following the
investigation, the committee shall present its evaluation and recommendations to
the board. The board shall review the committee's findings to determine whether
to take any further action, but a member of the board who participated in the
investigation may not participate in this review or in any subsequent hearing or
action taken by the board.
(Added to NRS by 1983, 1487;
A 1987, 2067)
NRS 630A.410 Investigation of complaint by attorney general; determination of
board concerning further action.
1. The attorney general
shall conduct an investigation of each complaint transmitted to him to determine
whether it warrants proceedings for modification, suspension or revocation of
license. If he determines that such further proceedings are warranted, he shall
report the results of his investigation together with his recommendation to the
board in a manner which does not violate the right of the person charged in the
complaint to due process in any later hearing before the board.
2. The board shall
promptly make a determination with respect to each complaint reported to it by
the attorney general as to what action shall be pursued. The board shall:
(a) Dismiss the complaint;
or
(b) Proceed with appropriate
disciplinary action.
(Added to NRS by 1983,
1488)
NRS 630A.420 Mental or physical examination; examination of competence to
practice.
1. If the board or its
investigative committee has reason to believe that the conduct of any
homeopathic physician has raised a reasonable question as to his competence to
practice medicine with reasonable skill and safety to patients, it may order the
homeopathic physician to undergo:
(a) A mental or physical
examination; or
(b) An examination of his
competence to practice homeopathic medicine,
by physicians or others designated by the board to assist the
board in determining the fitness of the homeopathic physician to practice
homeopathic medicine.
2. For the purposes of
this section:
(a) Every homeopathic physician
who applies for a license or is licensed under this chapter shall be deemed to
have given his consent to submit to a mental or physical examination or an
examination of his competence to practice homeopathic medicine when directed to
do so in writing by the board or an investigative committee of the board.
(b) The testimony or reports of
the examining physicians are not privileged communications.
3. Except in
extraordinary circumstances, as determined by the board, the failure of a
homeopathic physician licensed under this chapter to submit to an examination
when directed as provided in this section constitutes an admission of the
charges against him.
(Added to NRS by 1983, 1488;
A 1987, 2068)
NRS 630A.430 Examination to determine medical competence. If the board has reason to believe that the conduct of
any homeopathic physician has raised a reasonable question as to his competence
to practice homeopathic medicine with reasonable skill and safety to patients,
the board may order an examination of the homeopathic physician to determine his
fitness to practice homeopathic medicine. When such action is taken, the reasons
for the action must be documented and must be available to the homeopathic
physician being examined.
(Added to NRS by 1983, 1488;
A 1987, 2068)
NRS 630A.440 Limitation of time for completion of examination if board issues
order for summary suspension of license. If
the board issues an order summarily suspending the license of a homeopathic
physician pending proceedings for disciplinary action and requires the
homeopathic physician to submit to a mental
or physical examination or an examination of his competence to
practice homeopathic medicine, the examination must be conducted and the results
obtained not later than 60 days after the board issues its order.
(Added to NRS by 1983, 1488;
A 1987, 2069)
NRS 630A.450 Stay of summary suspension by court prohibited. If the board issues an order summarily suspending the
license of a homeopathic physician pending proceedings for disciplinary action,
the court shall not stay that order.
(Added to NRS by 1983, 1489;
A 1987, 2069)
NRS 630A.460 Injunctive relief.
1. In addition to any
other remedy provided by law, the board, through its president or
secretary-treasurer or the attorney general, may apply to any court of competent
jurisdiction to:
(a) Enjoin any prohibited act
or other conduct of a homeopathic physician which is harmful to the public;
(b) Enjoin any person who is
not licensed under this chapter from practicing homeopathic medicine; or
(c) Limit a homeopathic
physician's practice or suspend his license to practice homeopathic
medicine.
2. The court in a proper
case may issue a temporary restraining order or a preliminary injunction for the
purposes of subsection 1:
(a) Without proof of actual
damage sustained by any person;
(b) Without relieving any
person from criminal prosecution for engaging in the practice of homeopathic
medicine without a license; and
(c) Pending proceedings for
disciplinary action by the board.
(Added to NRS by 1983, 1489;
A 1987, 2069)
Disciplinary Proceedings
NRS 630A.480. Notice of charges and formal hearing.
1. If, after an
investigation by a committee or on its own initiative, the board decides to
proceed with disciplinary action, it shall bring charges against a licensed
homeopathic physician and fix a time and place for a formal hearing. If the
board receives a report pursuant to subsection 5 of NRS 228.420,
such a hearing must be held within 30 days after receiving the report. The board
shall notify the homeopathic physician of the charges brought against him,
including the time and place set for the hearing, and of the sanctions
authorized in NRS
630A.510.
2. The board, a hearing
officer or a committee of the members of the board shall hold the formal hearing
on the charges at the time and place designated in the notification. If the
hearing is before a committee, at least one member of the board who is not a
physician must participate in the hearing and in the final recommendation of the
committee to the board.
(Added to NRS by 1983, 1489;
A 1987, 2069; 1993, 784)
NRS 630A.490 Service of process. 1. Service of process
made under this chapter must be either personal or by registered or certified
mail with return receipt requested, addressed to the homeopathic physician at
his last known address. If personal service cannot be made and if notice by mail
is returned undelivered, the secretary-treasurer of the board shall cause notice
to be published once a week for 4 consecutive weeks in a newspaper published in
the county of the homeopathic physician's last known address or, if no newspaper
is published in that county, then in a newspaper widely distributed in that
county.
2. Proof of service of
process or publication of notice made under this chapter must be filed with the
board and recorded in the minutes of the board.
(Added to NRS by 1983, 1489;
A 1987, 2070)
NRS 630A.500 Rules of evidence not binding; requirements for
proof. In any disciplinary hearing:
1. The board, a panel of
the members of the board or a hearing officer is not bound by formal rules of
evidence.
2. Proof of actual injury
need not be established.
3. A certified copy of
the record of a court or a licensing agency showing a conviction or plea of nolo
contendere or the suspension, revocation, limitation, modification, denial or
surrender of a license to practice homeopathic medicine is conclusive evidence
of its occurrence.
(Added to NRS by 1983, 1490;
A 1987, 2070)
NRS 630A.510 Final order of board; disciplinary actions available to
board.
1. Any member of the
board who was not a member of the investigative committee, if one was appointed,
may participate in the final order of the board. If the board, after a formal
hearing, determines that a violation of the provisions of this chapter or the
regulations adopted by the board has occurred, it shall issue and serve on the
person charged an order, in writing, containing its findings and any sanctions
imposed by the board. If the board determines that no violation has occurred, it
shall dismiss the charges, in writing, and notify the person that the charges
have been dismissed.
2. If the board finds
that a violation has occurred, it may by order:
(a) Place the person on
probation for a specified period on any of the conditions specified in the
order.
(b) Administer to the person a
public reprimand.
(c) Limit the practice of the
person or exclude a method of treatment from the scope of his practice.
(d) Suspend the license of the
person for a specified period or until further order of the board.
(e) Revoke the license of the
person to practice homeopathic medicine.
(f) Require the person to
participate in a program to correct a dependence upon alcohol or a controlled
substance, or any other impairment.
(g) Require supervision of the
person's practice.
(h) Impose an administrative
fine not to exceed $10,000.
(i) Require the person to
perform community service without compensation.
(j) Require the person to take
a physical or mental examination or an examination of his competence to practice
homeopathic medicine.
(k) Require the person to
fulfill certain training or educational requirements.
(l) Require the person to pay
the costs of the investigation and hearing.
(Added to NRS by 1983, 1490;
A 1987, 2070; 1993, 885; 2001 Special Session, 154)
NRS 630A.520 Judicial review of board's final order; stay of order pending
final determination prohibited.
1. Any person aggrieved
by a final order of the board is entitled to judicial review of the board's
order.
2. Every order of the
board which limits the practice of homeopathic medicine or suspends or revokes a
license is effective from the date the secretary-treasurer of the board
certifies the order until the date the order is modified or reversed by a final
judgment of the court. The court shall not stay the order of the board pending a
final determination by the court.
3. The district court
shall give a petition for judicial review of the board's order priority over
other civil matters which are not expressly given priority by law.
(Added to NRS by 1983, 1490;
A 1987, 2071)
NRS 630A.530 Restoration of license.
1. Any person:
(a) Whose practice of
homeopathic medicine has been limited; or
(b) Whose license to practice
homeopathic medicine has been:
(1) Suspended until further order; or
(2) Revoked,
by an order of the board may apply to the board for removal of
the limitation or restoration of his license.
2. In hearing the
application, the board or a committee of members of the board:
(a) May require the applicant
to submit to a mental or physical examination or an examination of his
competence to practice homeopathic medicine by physicians or other persons whom
it designates and submit such other evidence of changed conditions and of
fitness as it deems proper.
(b) Shall determine whether
under all the circumstances the time of the application is reasonable.
(c) May deny the application or
modify or rescind its order as it deems the evidence and the public safety
warrants.
3. The applicant has the
burden of proving by clear and convincing evidence that the requirements for
restoration of the license or removal of the limitation have been met.
4. The board shall not
restore a license unless it is satisfied that the applicant has complied with
all of the terms and conditions set forth in the final order of the board and
that he is capable of practicing homeopathic medicine with reasonable skill and
safety to patients.
5. To restore a license
that has been revoked by the board, a person must apply for a license and take
an examination as though he had never been licensed under this chapter.
(Added to NRS by 1983, 1490;
A 1987, 2071)
Miscellaneous Provisions
NRS 630A.540. Immunity from civil liability.
1. Any person who
furnishes information to the board, in good faith and without malicious intent
in accordance with the provisions of this chapter, concerning a person who is
licensed or certified or applies for a license or certificate under this chapter
is immune from civil liability for furnishing that information.
2. The board and its
members, staff, counsel, investigators, experts, committees, panels, hearing
officers and consultants are immune from civil liability for any decision or
action taken in good faith and without malicious intent in response to
information received by the board.
3. The board and any of
its members are immune from civil liability for disseminating information
concerning a person who is licensed or certified or applies for a license or
certificate under this chapter to the attorney general or any board or agency of
the state, hospital, medical society, insurer, employer, patient or his family
or law enforcement agency.
(Added to NRS by 1983, 1491;
A 1987, 2072; 1995, 2800)
NRS 630A.543. Suspension of license or certificate for failure to pay child
support or comply with certain subpoenas or warrants; reinstatement of license
or certificate. [Expires by limitation on the date of the repeal of the federal
law requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
1. If the board
receives a copy of a court order issued pursuant to NRS 425.540
that provides for the suspension of all professional, occupational and
recreational licenses, certificates and permits issued to a person who is the
holder of a license to practice homeopathic medicine or a certificate to
practice as an advanced practitioner of homeopathy or as a homeopathic
assistant, the board shall deem the license or certificate issued to that person
to be suspended at the end of the 30th day after the date on which the court
order was issued unless the board receives a letter issued to the holder of the
license or certificate by the district attorney or other public agency pursuant
to NRS
425.550 stating that the holder of the license or certificate has complied
with the subpoena or warrant or has satisfied the arrearage pursuant to NRS
425.560.
2. The board shall
reinstate a license to practice homeopathic medicine or a certificate to
practice as an advanced practitioner of homeopathy or a homeopathic assistant
that has been suspended by a district court pursuant to NRS 425.540
if:
(a) The board receives a
letter issued by the district attorney or other public agency pursuant to NRS 425.550
to the person whose license or certificate was suspended stating that the person
whose license or certificate was suspended has complied with the subpoena or
warrant or has satisfied the arrearage pursuant to NRS 425.560;
and
(b) The person whose license or
certificate was suspended pays the fee prescribed in NRS
630A.330 for the reinstatement of a suspended license or certificate.
(Added to NRS by 1997,
2121)
NRS 630A.545. Procedural requirements same for disciplinary action taken by
hearing officer or panel; decision of hearing officer or panel relating to
administrative fine is final decision in contested case.
1. Any disciplinary
action taken by a hearing officer or panel pursuant to NRS
630A.160 is subject to the same procedural requirements which apply to
disciplinary actions taken by the board, and the officer or panel has the powers
and duties given to the board in relation thereto.
2. A decision of a
hearing officer or panel relating to the imposition of an administrative fine is
a final decision in a contested case.
(Added to NRS by 1995,
2798)
NRS 630A.550. Disciplinary action does not preclude limitation or termination
of privileges of licensee or holder of certificate or criminal prosecution;
immunity from civil liability. The filing
and review of a complaint, its dismissal without further action or its
transmittal to the attorney general, and any subsequent disposition by the
board, the attorney general or any reviewing court do not preclude:
1. Any measure by a
hospital or other institution or medical society to limit or terminate the
privileges of a homeopathic physician, advanced practitioner of homeopathy or
homeopathic assistant according to its rules or the custom of the profession. No
civil liability attaches to any such action taken without malice even if the
ultimate disposition of the complaint is in favor of the homeopathic physician,
advanced practitioner of homeopathy or homeopathic assistant.
2. Any appropriate
criminal prosecution by the attorney general or a district attorney based upon
the same or other facts.
(Added to NRS by 1983, 1491;
A 1995, 2800)
NRS 630A.555. Confidentiality of records and information obtained during
investigation; limitations on disclosure.
1. Except as otherwise
provided in subsection 2, any records or information obtained during an
investigation by the board and any record of the investigation are confidential
until the investigation is completed. Upon completion of the investigation, the
information and records are public records if:
(a) Disciplinary action is
imposed by the board as a result of the investigation; or
(b) The person regarding whom
the investigation was made submits a written request to the board asking that
the information and records be made public records.
2. The board may provide
any record or information described in subsection 1 to any other licensing board
or agency, including a law enforcement agency, which is investigating a person
who is licensed pursuant to this chapter.
(Added to NRS by 1995,
504)
UNLAWFUL ACTS; PENALTIES
NRS 630A.560. Prosecution of violators; employment of
investigators. The board is authorized to
prosecute all persons guilty of violation of the provisions of this chapter and
may employ investigators and such other assistants as may be necessary to carry
out the provisions of this chapter, but any expenses so incurred must not be
paid out of the state general fund.
(Added to NRS by 1983,
1491)
NRS 630A.570. Injunctive relief against person practicing without license or
certificate.
1. The board through its
president or secretary-treasurer or the attorney general may maintain in any
court of competent jurisdiction a suit for an injunction against any person or
persons practicing homeopathic medicine without a license or certificate.
2. Such an
injunction:
(a) May be issued without proof
of actual damage sustained by any person, this provision being a preventive as
well as a punitive measure.
(b) Does not relieve such
person from criminal prosecution for practicing without a license or
certificate.
(Added to NRS by 1983, 1491;
A 1995, 2800)
NRS 630A.580. Sufficiency of allegations of complaint seeking injunctive
relief. In seeking injunctive relief
against any person for an alleged violation of this chapter by practicing
homeopathic medicine without a license or certificate, it is sufficient to
allege that he did, upon a certain day, and in a certain county of this state,
engage in the practice of homeopathic medicine without having a license or
certificate to do so, without alleging any further or more particular facts
concerning the matter.
(Added to NRS by 1983, 1491;
A 1987, 2073; 1995, 2800)
NRS 630A.590. Penalty for certain violations. A person who:
1. Presents to the board
as his own the diploma, license, certificate or credentials of another;
2. Gives either false or
forged evidence of any kind to the board;
3. Practices homeopathic
medicine under a false or assumed name; or
4. Except as otherwise
provided in NRS 629.091,
practices homeopathic medicine without being licensed or certified under this
chapter,
is guilty of a category D felony and shall be punished as
provided in NRS
193.130.
(Added to NRS by 1983, 1492;
A 1985, 311; 1987, 2073; 1995, 750, 1310, 1333, 2800)
NRS 630A.600. Penalty for practicing without license or
certificate. Except as otherwise provided
in NRS
629.091, a person who practices homeopathic medicine without a license or
certificate issued pursuant to this chapter is guilty of a category D felony and
shall be punished as provided in NRS
193.130.
(Added to NRS by 1983, 1492;
A 1995, 750, 1310, 1333, 2801)
