STATE OF NEVADA
BOARD OF HOMEOPATHIC MEDICAL EXAMINERS
CHAPTER 630A of NAC
(Edited by the Office of the Board of Homeopathic
Medical Examiners)
HOMEOPATHIC MEDICINE
GENERAL PROVISIONS
R105-03 Sections 2-9 (new language)…………………………………
3
R043-03 Sections 2-8 (Internet)…………………………………………
6
630A.010 Definitions...................................................................................
8
630A.0105 "Advanced practitioner of homeopathy" ..............................
8
630A.011 "Board" defined...........................................................................
8
630A.0115 "Controlled substance" defined............................................
8
630A.012 "Homeopathic assistant" defined...........................................
8
630A.0125 "Homeopathic medicine and homeopathy" defined.........
8
630A.013 "Homeopathic physician" defined...........................................
8
630A.0135 "Homeopathic service" defined for NRS 630A.035...........
8
630A.014 Interpretation of terms used in NRS 630A.040....................
9
630A.015 Use of electronic testing device............................................
10
630A.020 Use of sarcodes in macro dosage called cell therapy.....
11
630A.022 Formulation of herbal substances........................................11
630A.023 Nutritional evaluation and treatment of patients................
11
630A.025 Election of officers of board...................................................
11
630A.030 Petitions concerning regulations.........................................
12
630A.040 Petition for declaratory order or advisory opinion..............
12
LICENSING
630A.050 Application for license:
Form; contents; rejection..............12
630A.060 Examination to practice homeopathic medicine: Frequency
of administration; requirements for eligibility; contents; notification;
materials acceptable for use during portion of examination;
standards for passing.................................................
13
630A.062 Medical competency examination........................................14
630A.065 Examination of graduate of foreign medical school.........14
630A.070 Postgraduate training of graduate of medical school......14
630A.072 Postgraduate training: Approval of courses or programs...14
630A.080 Interview of graduate of medical school..............................15
630A.090 Licensing by reciprocity...........................................................15
630A.096 Continuing education: General requirements; exemption;
failure to
comply…….…………………………………...…………..........................15
630A.098 Committee to examine and make recommendations regarding
education in homeopathy................................................................................................16
630A.100 Temporary license; special license....................................16
630A.110 Limited license........................................................................17
630A.120 Fees...........................................................................................17
630A.130 Notification of change of address or home office.............17
STANDARDS OF PRACTICE
630A.132 Duties; prohibited practices;
use of certain substances...18
630A.134 Use of certain chelation therapies.........................................20
630A.136 Report to board of claims involving malpractice.................20
630A.138 Consultation with another provider of health care..............20
630A.140 Advertising: Prohibited acts.....................................................21
PRACTICE BEFORE THE BOARD OF
HOMEOPATHIC MEDICAL EXAMINERS
630A.160 Verification of pleadings;
answer to complaint; deposition prohibited....................................................................................................
21
630A.170 Filing of pleading, motion or other paper...........................
21
630A.180 Service of documents; proof of service...............................21
630A.190 Motions......................................................................................22
630A.200 Entry of appearance...............................................................
22
630A.210 Hearings...................................................................................22
630A.220 Decision by board...................................................................
22
630A.230 Service of copy of findings and order..................................
23
HOMEOPATHIC ASSISTANTS
AND
ADVANCED PRACTITIONERS OF HOMEOPATHY
Homeopathic Assistants
630A.300 Application for certificate:
Form; contents............................................ 23
630A.310 Denial of certificate: Reasons; explanation.........................................
23
630A.320 Qualifications for certificate.....................................................................
24
630A.330 Examination to practice: Frequency of administration;
requirements for eligibility; contents; notification; materials
acceptable for use during portion of examination; standards
for passing...................................................................................................................
24
630A.350 Requirements regarding supervising homeopathic physician.......
25
630A.360 Acceptable activities; medical diagnosis and determination
of treatment forbidden.......................................................................................................................
25
630A.370 Cessation of supervision: Procedure; suspension of
certificate.....25
Advanced Practitioners of Homeopathy
630A.400 Application for certificate:
Form; contents.......................................... 26
630A.410 Denial of certificate: Reasons; explanation......................................
26
630A.420 Qualifications for certificate..................................................................
27
630A.425 Requirements to supervise training..................................................
27
630A.430 Successful completion of examination to practice as
homeopathic
physician required...................................................................................................
27
630A.450 Requirements of supervising homeopathic physician:
Licensing;
consultation with and monitoring of advanced practitioner of
homeopathy; provision of certain information to board..................................................................................
28
630A.460 Requirements of supervising homeopathic physician:
Program to
monitor quality of care...........................................................................................
28
630A.470 Requirements of supervising homeopathic physician:
Availability for consultation; exception.................................................................................................................
28
630A.480 Acceptable activities...........................................................................
29
630A.490 Written protocol required...................................................................
29
630A.500 Annual review of protocol; documentation of findings;
review of
records by supervising homeopathic physician and board……...................30
630A.510 Cessation of supervision: Procedure; suspension of
certificate.... 31
Miscellaneous
630A.550 Renewal of certificate:
Requirements; fee; failure to pay renewal fee ground for revocation
of certificate………………………................................................….31
Disciplinary Action
630A.560 Reasons for disciplinary
action or denial of certificate.............. 32
630A.570 Procedure for disciplinary action: Written complaint;
investigation……………………………………………………..........................33
630A.580 Procedure for disciplinary action: Hearing...................................
34
630A.590 Requirements for service of notice...............................................
34
630A.600 Mental or physical examination: Circumstances requiring
examination; certification to practice deemed consent to
examination; refusal of examination deemed admission of
charge………………..........................................................................................
35
630A.610 Forms of disciplinary action; decision of board final;
action to
prevent unlawful or unauthorized conduct….……………....................……35
630A.620 Requirements for removal of limitation on or restoration
of
certificate.............................................................................................................
35
GENERAL PROVISIONS
LCB File No. R105-03
Section1. Chapter 630A of NAC is hereby amended by adding
thereto the provisions set forth as sections 2 to 9, inclusive,
of this regulation.
Sec. 2. 1. In addition
to taking the constitutional oath or affirmation of office set
forth in Section 2 of Article 15 of the Constitution of the
State of Nevada, each member
of the Board will, as required
pursuant to NRS 630A.130, take the following oath or affirmation:
I, ................, do solemnly swear (or affirm) that I am
legally qualified to serve as a member of the Board of Homeopathic
Medical Examiners and that I will well and faithfully perform
all the duties of a member of the Board, on which I am about
to enter, (if an oath) so help me God, (if an affirmation) under
the pains and penalties of perjury.
2. An officer of the Board will administer the oaths or affirmations
described in subsection 1.
Sec. 3. 1. The Board will
not issue a certificate as an advanced practitioner of homeopathy
to an applicant who has been certified to practice any type
of medicine in another jurisdiction and whose certificate was
revoked for gross medical negligence by that jurisdiction.
2. The Board may revoke the certificate of any person certified
to practice any type of medicine in another jurisdiction which
was revoked for gross medical negligence by that jurisdiction.
3. The revocation of a certificate to practice any type of medicine
in another jurisdiction on grounds other than grounds which
would constitute revocation for gross medical negligence constitutes
grounds for initiating disciplinary action or denying the issuance
of a certificate as an advanced practitioner of homeopathy.
Sec. 4. 1. Except as otherwise
provided in section 3 of this regulation, the Board may:
(a) Issue a temporary certificate, to be effective not more
than 6 months after issuance, to any advanced practitioner of
homeopathy who is eligible for a permanent certificate in this
state and who also is of good moral character and reputation.
The purpose of the temporary certificate is to enable an eligible
advanced practitioner of homeopathy to serve as a substitute
for some other advanced practitioner of homeopathy who is certified
to practice homeopathic medicine in this state, and who is absent
from his practice for reasons deemed sufficient by the Board.
A temporary certificate issued under the provisions of this
paragraph is not renewable.
(b) Issue a special certificate to an advanced practitioner
of homeopathy who is certified in another state to come into
this state to care for or assist in the treatment of his own
patients in association with a homeopathic physician licensed
in this state. A special certificate issued under the provisions
of this paragraph is limited to the care of a specific patient.
(c) Issue a restricted certificate for a specified period if
the Board determines the applicant needs supervision or restriction.
2. A person who is certified pursuant to paragraph (a), (b)
or (c) of subsection 1
shall be deemed to have given his consent to the revocation
of the certificate at any
time by the Board for any of the grounds provided in section
3 of this regulation and
NAC 630A.560.
Sec. 5. 1. An applicant
for a temporary certificate as an advanced practitioner of homeopathy
must furnish the Board, along with his application, a letter
from the advanced practitioner of homeopathy for whom the applicant
is to serve as a substitute requesting the issuance of the temporary
certificate and stating the reasons for the absence from his
practice and the period of his absence.
2. An advanced practitioner of homeopathy certified in an adjoining
state who applies to the Board for a special certificate as
an advanced practitioner of homeopathy in this state for a specified
period of time and for specific purposes must do so by a letter,
accompanied by proof that he holds a valid certificate issued
to him by the other state.
3. The applicant for a nonrenewable temporary or a special certificate
may be required to appear before the Board or one of its members
for an oral interview before the issuance of the certificate.
4. A special certificate will state on its face the period during
which it is valid and the specified purposes for the certificate.
Sec. 6. The Board may,
in its discretion, issue a certificate to an applicant who holds
a valid certificate as an advanced practitioner of homeopathy
issued to him by the homeopathic medical examining board of
the District of Columbia or of any state or territory of the
United States, if:
1. The legal requirements of the homeopathic medical examining
board were, at the time of issuing the certificate, in no degree
or particular less than those of this state at the time when
the certificate was issued.
2. The applicant is of good moral character and reputation.
3. The applicant passes an oral examination, where required
by the Board.
4. The applicant furnishes to the Board such other proof of
qualifications, professional or moral, as the Board may require.
Sec. 7. 1. In addition
to the requirements set forth in section 6 of this regulation,
an applicant may obtain a certificate as an advanced practitioner
of homeopathy by reciprocity without a written examination if
he submits a certificate endorsed by the Homeopathic Medical
Examining Board of any state, territory or the District of Columbia
which certified the applicant indicating that:
(a) He passed an examination to obtain the certificate;
(b) His certification has never been revoked or suspended; and
(c) The photograph and signature appearing on the certification
are that of the applicant.
2. The applicant must appear at a meeting of the Board for an
interview. The Secretary-Treasurer will notify the applicant
whose application and supporting documents have been accepted
by the Board of the time and place for the interview 20 days
before it is to take place.
Sec. 8. If the Board has
reason to believe that the conduct of any advanced practitioner
of homeopathy has raised a reasonable question as to his competence
to practice as an advanced practitioner of homeopathy with reasonable
skill and safety to patients, the Board may order an examination
of the advanced practitioner of homeopathy to determine his
fitness to practice as an advanced practitioner of
homeopathy. When such action is taken, the reasons for the action
must be documented and must be available to the advanced practitioner
of homeopathy being examined.
Sec. 9. 1. An advanced
practitioner of homeopathy who is subject to a medical competency
examination pursuant to section 8 of this regulation shall pay
the costs of the examination.
2. The medical competency examination:
(a) May be written or oral;
(b) Will last no longer than 4 hours; and
(c) Must be administered by two physicians selected by the Board
who are licensed and actively engaged in the practice of homeopathic
medicine in this state.
3. If the person being examined objects to the physicians selected
to administer the examination and the Board finds that his objections
are valid, he may submit a list of eight names of homeopathic
physicians who are actively engaged in the practice of homeopathic
medicine in this state from which the Board may select one or
two physicians to replace one or both of the examiners previously
selected.
LCB File No. 043-03
Section1. Chapter 630A of NAC is hereby amended by adding
thereto the provisions set forth as sections 2 to 8, inclusive,
of this regulation.
Sec. 2. 1. "Internet" means:
(a) The computer network commonly known as the Internet and
any other computer network that is similar to or is a predecessor
or successor of the Internet; and
(b) Any identifiable site on the Internet or such other computer
network.
2. The term includes, without limitation:
(a) A website or other similar site on the World Wide Web;
(b) A site that is identifiable through a Uniform Resource Location;
(c) A site on a computer network that is owned, operated, administered
or controlled by a provider of Internet service;
(d) An electronic bulletin board;
(e) A list server;
(f) A newsgroup; or
(g) A chat room.
Sec. 3. "Intrastate practice
of homeopathic medicine using electronic means" means the
practice of homeopathic medicine using electronic means by a
homeopathic physician located in this state to treat a patient
located in this state or an advanced practitioner of homeopathy
located in this state to treat a patient located in this state.
Sec. 4. "Practice of homeopathic
medicine using electronic means" means the practice of
homeopathic medicine by using equipment that transfers information
concerning the medical condition of a patient electronically,
telephonically or by fiber optics, including, without limitation,
through the Internet.
Sec. 5. 1. Except as otherwise
provided in subsection 2, a homeopathic physician may engage
in the intrastate practice of homeopathic medicine using electronic
means.
2. While engaging in the intrastate practice of homeopathic
medicine using electronic means, a homeopathic physician shall
not:
(a) Provide any homeopathic service to a patient unless the
homeopathic physician:
(1) Obtains a reasonable homeopathic history of the patient
before providing the homeopathic service to the patient;
(2) Personally examines the patient before providing the homeopathic
service to the patient if homeopathic physicians in the community
in which the homeopathic physician practices would ordinarily
personally examine such a patient before providing the homeopathic
service; and
(3) Complies with all applicable state and federal laws; or
(b) Prescribe any controlled substance to a patient unless the
homeopathic physician:
(1) Personally examines the patient and conducts any appropriate
tests concerning the patient before prescribing the controlled
substance to the patient; and
(2) Complies with all applicable state and federal laws.
Sec. 6. A homeopathic physician
engaging in the intrastate practice of homeopathic medicine
by electronic means shall:
1. Ensure that the electronic transfer of information is reasonably
secure and conducted in accordance with all applicable state
and federal laws;
2. Retain health care records in accordance with the requirements
of chapter 629 of NRS;
3. Discuss with each patient the risks and benefits of medication
and any homeopathic services;
4. Conduct follow-up contact with each patient in a timely manner
after recommending any homeopathic services;
5. Discuss with each patient various treatment alternatives
that are available; and
6. Disclose to each patient that a physical examination or assessment
by a homeopathic physician is always recommended before the
use of homeopathic services.
Sec. 7. An advanced practitioner
of homeopathy shall not engage in the intrastate practice of
homeopathic medicine using electronic means unless a written
protocol authorizing such practice is submitted to and approved
by the Board pursuant to NAC 630A.490.
Sec. 8. Nothing in sections 2
to 7, inclusive, of this regulation shall be construed to:
1. Authorize any person not licensed or certified pursuant to
chapter 630A of NRS to engage in the intrastate practice of
homeopathic medicine using electronic means; or
2. Regulate the practice of homeopathic medicine using electronic
means by a homeopathic physician or advanced practitioner of
homeopathy if:
(a) The homeopathic physician or advanced practitioner of homeopathy
is not located in this state; or
(b) The patient who is being treated by the homeopathic physician
or advanced practitioner of homeopathy is not located in this
state.
NAC 630A.010 Definitions. (NRS
630A.200) As used in this chapter, unless the context otherwise
requires, the words and terms defined in NAC 630A.0105 to 630A.013,
inclusive, and sections 2, 3 and 4 of this regulation have the
meanings ascribed to them in those sections.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 8
29 85; A 12 11 00; R043-03, 9-24-2003)
NAC 630A.0105 "Advanced practitioner
of homeopathy" defined. (NRS 630A.200) "Advanced
practitioner of homeopathy" has the meaning ascribed to
it in NRS 630A.015.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs by R058
00, eff. 12 11 2000)
NAC 630A.011 "Board"
defined. (NRS 630A.200) "Board" means the board
of homeopathic medical examiners.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs by R058
00, eff. 12 11 2000)
NAC 630A.0115 "Controlled
substance" defined. (NRS 630A.200) "Controlled
substance" has the meaning ascribed to it in NRS 0.031.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs by R058
00, eff. 12 11 2000)
NAC 630A.012 "Homeopathic
assistant" defined. (NRS 630A.200) "Homeopathic
assistant" has the meaning ascribed to it in NRS 630A.035.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs by R058
00, eff. 12 11 2000)
NAC 630A.0125 "Homeopathic
medicine" and "homeopathy" defined. (NRS 630A.200)
"Homeopathic medicine" or "homeopathy" has
the meaning ascribed to it in NRS 630A.040. The terms include:
1. The methods of practicing homeopathy described in subsection
1 of NRS 630A.040;
2. The complementary and alternative methods of diagnosing and
treating a patient described in subsection 2 of NRS 630A.040.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 12
11 2000; A by R105-03, 9-24-2003)
NAC 630A.013 "Homeopathic
physician" defined. (NRS 630A.200) "Homeopathic
physician" has the meaning ascribed to it in NRS 630A.050.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs by R058
00, eff. 12 11 2000)
NAC 630A.0135 "Homeopathic
service" defined for NRS 630A.035. (NRS 630A.200) As
used in NRS 630A.035, the term "homeopathic service"
means providing, employing, using, recommending, advising, directing
or assisting in the use of homeopathic medicine, including,
without limitation, the methods and therapies set forth in subsection
2 of NRS 630A.040, within the limitations imposed by the board.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 12
11 00; A by R105-03, 9-24-2003)
NAC 630A.014 Interpretation of
terms used in NRS 630A.040. (NRS 630A.200)
1. As used in NRS 630A.040, unless the context otherwise requires,
the board will interpret:
(a) "Herbal therapy" to mean a system of healing art
that places the chief emphasis on the flow and balance of dynamic
force or energy in the body mechanism as being the most important
single factor in maintaining the natural health and well-being
of the living organism and includes, without limitation, the
prescribing and use of plants or plant extracts or a combination
thereof to treat an ailment or disease of the mind, emotions
or body, or for the cure or relief of any wound, bodily injury
or deformity. As used in this paragraph:
(1) "Plant" includes, without limitation, any tree,
vine, shrub, vegetable or herb or any part of a tree, vine,
shrub, vegetable or herb.
(2) "Plant extract" means a substance removed from
a plant by physical or chemical means for medicinal purposes.
(b) "Neural therapy" to mean dry needling, the use
of an electronic testing and treatment device and the injection
of vitamins, minerals, homeopathic medications, herbal extracts,
enzymes, orthomolecular substances or other medicinal or pharmaceutical
preparations into the:
(1) Acupuncture, acupressure or trigger points;
(2) Ganglia; or
(3) Subcutaneous tissue, intracutaneous tissue, intra-articular
tissue or periosteal tissue, of a patient to control pain or
produce other beneficial clinical effects.
(c) "Neuromuscular integration" to mean the progressive
harmonization of the endocrine system, immune system, autonomic
nervous system, skeletal system and smooth muscle system of
a patient with the cognitive and noncognitive faculties of a
patient by the use of:
(1) Manipulation of the soft tissues of the body to balance
the body; and
(2) Thought field therapy to recondition the endocrine system,
immune system, autonomic nervous system and central nervous
system.
(d) "Orthomolecular therapy" to mean the treatment
and prevention of disease, including, without limitation, infection,
malignancy and degenerative illness, by adjusting the natural
chemical constituents of the body on the molecular level. The
term includes, without limitation:
(1) The prescription of topical and oral supplements, medicines
and pharmaceutical preparations; and
(2) The intravenous infusion, intramuscular injection, subcutaneous
injection and intradermal injection of vitamins, amino acids,
peptides, polypeptides, enzymes, sarcodes, medicines and pharmaceutical
preparations, homeopathic medications, ozone, bio-oxidative
substances or chelating agents, to detoxify and remove harmful
substances from the body, including, without limitation, heavy
metals, the buildup of vascular and arterial plaque and toxic
environmental factors, including, without limitation, pesticides,
xenobiotics, bacteria and fungi.
(e) "Nutrition" to include, without limitation, the
recognition, evaluation, treatment and correction of the unique
dietary needs of a patient.
2. As used in this section:
(a) "Bio-oxidative substances" means substances that
are used to promote healing at the cellular level by the use
of oxygen in its various forms.
(b) "Chelating agents" means substances that are used
to remove heavy metals and other toxins from the body, including,
without limitation:
(1) Sodium 2,3-dimercaptopropane-1-sulfonate (DMPS);
(2) Dimercaptosuccinic acid (DMSA);
(3) Ethylene diamine tetra-acetic acid (EDTA);
(4) Penicillamine;
(5) Diethylene triamine penta-acetic acid (DTPA);
(6) Deferoxamine mesylate; and
(7) Clathration agents.
(c) "Dry needling" means a procedure that involves
inserting acupuncture needles under the skin at trigger points
and while those needles are inserted, rotating the needles or
connecting the needles to a low current electrical supply.
(d) "Pharmaceutical preparations" includes narcotic
drugs or opiates that are listed as schedule II controlled substances
pursuant to chapter 453 of NRS.
(e) "Thought field therapy" means a technique that
uses the energy meridians of the body which are used in acupuncture
and acupressure to treat abnormal patterns of thought that cause
emotional and psychophyliological distress.
(f) "Trigger point" means a hyperirritable spot within
the skeletal muscle or the fascia of that muscle that, upon
compression, causes pain, tenderness and autonomic nervous system
phenomena.
(g) "Xenobiotics" means chemical compounds that, under
normal circumstances, are foreign to living organisms.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 12
18 98; A by R105 03, 9-24-2003)
NAC 630A.015 Use of electronic
testing device.
1. A homeopathic physician, advanced practitioner of homeopathy
or homeopathic assistant may use an electronic testing and treatment
device to:
(a) Measure the resistance of the skin at acupuncture points;
(b) Evaluate and treat a patient; and
(c) Assist in the selection and use of homeopathic medicines
and therapies pursuant to NRS 630A.040.
2. A homeopathic physician shall not use an electronic testing
and treatment device as the sole method for diagnosing a patient.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 3
30 94; A by R105-03, 9-24-2003)
NAC 630A.020 Use of sarcodes in
macro dosage includes the use of stem cells and is called "cell
therapy."
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 8
29 85; A by R105-03, 9-24-2003)
NAC 630A.022 Formulation of herbal
substances. (NRS 630A.200) Herbal substances intended for
use in herbal therapy may be formulated by:
1. A homeopathic physician;
2. An herbalist;
3. A pharmacist;
4. A pharmacologist; or
5. Any other person determined by the board to possess the training
and experience necessary to formulate herbal substances.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs by R213-97,
eff. 12 18 98)
NAC 630A.023 Nutritional evaluation
and treatment of patients. (NRS 630A.200)
1. If a homeopathic physician, advanced practitioner of homeopathy
or homeopathic assistant performs a nutritional evaluation on
a patient, the nutritional evaluation may include:
(a) An analysis of the blood, urine and body tissue for vitamins,
minerals and amino acids, whether or not such analysis is performed
by a laboratory; and
(b) A functional intracellular analysis.
2. If a homeopathic physician, advanced practitioner of homeopathy
or homeopathic assistant performs nutritional treatment on a
patient, the treatment may include:
(a) Dietary recommendations; and
(b) Supplementation of the diet with vitamins, minerals, amino
acids, protomorphogens or any combination thereof.
3. As used in this section:
(a) "Functional intracellular analysis" means the
use of peripheral blood cells to analyze the metabolic and nutritional
status of a patient.
(b) "Protomorphogens" means glandular material taken
from mammals other than humans, including, without limitation,
the bovine, ovine or porcine species, that supplies biologically
active hormones, hormone precursors, enzymes, vitamins, minerals,
soluble proteins and natural lipid factors.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 12
18 98; A by R105-03, 9-24-2003)
NAC 630A.025 Election of officers
of board. The board will elect its officers annually in
before June 30. The term of an officer begins on July 1 after
the election and ends on June 30 of the succeeding year.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 3
19 87; A by R105-03, 9-24-2005)
NAC 630A.030 Petitions concerning
regulations.
1. A petition requesting the adoption, filing, amendment or
repeal of any regulation must be accompanied by a draft of the
proposed regulation in a form suitable for filing with the secretary
of state.
2. The original and seven copies of the petition and the proposed
regulation must be filed with the secretary treasurer of the
board.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 8
29 85)
NAC 630A.040 Petition for declaratory
order or advisory opinion.
1. A petition for a declaratory order or advisory opinion may
be filed by a holder of or an applicant for a license or permit
to practice homeopathic medicine.
2. The original and seven copies of the petition must be filed
with the secretary-treasurer of the board not less than 10 days
before the next regularly scheduled meeting of the board. The
secretary-treasurer will submit the petition to the board at
that meeting. Within 30 days after the meeting, the board will
issue its declaratory order or advisory opinions.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 8
29 85)
LICENSING
NAC 630A.050 Application for license:
Form; contents; rejection.
1. An applicant for a license to practice homeopathic medicine
must submit to the board a completed and notarized application
on a form furnished by the board. The form may be obtained from
the office of the board or from the Internet website of the
board. The application must include or indicate the following:
(a) A certificate, on a form furnished by the board, proving
that the applicant holds a valid and unrestricted license to
practice allopathic, homeopathic or osteopathic medicine properly
issued by the District of Columbia, any state or territory of
the United States or a foreign country whose standards for licensing
are approved by the Educational Commission for Foreign Medical
Graduates. The form for the certificate may be obtained from
the office of the board or from the Internet website of the
board.
(b) A certificate proving that the applicant completed the required
period of postgraduate training.
(c) The applicant's place and date of birth, his social security
number as required pursuant to NRS 630A.243, his registration
number issued by the Drug Enforcement Administration and the
address and telephone numbers of his home and office.
(d) A chronological history of the years and places of his allopathic,
homeopathic and osteopathic medical practice and his postgraduate
training.
(e) A list of allopathic, homeopathic and osteopathic medical
societies and specialty boards, if any, of which he is a member.
(f) The names and addresses of all hospitals of which he is
or has been a member of the staff during the past 10 years.
(g) Whether he has ever been charged with or convicted of a
felony or an offense involving moral turpitude.
(h) Whether he has ever been addicted to the use of narcotics,
controlled substances or alcohol.
(i) Whether he has even been charged with, convicted of or investigated
for illegally using, dispensing or selling controlled substances.
(j) Whether he has ever been refused or denied a license or
certificate by examination or reciprocity.
(k) Whether he has ever had his allopathic, homeopathic or osteopathic
medical license or certificate suspended or revoked or has been
placed on probation or has ever surrendered his license or certificate
because of a disciplinary action or a pending disciplinary action.
(l) A photograph of the applicant taken within 60 days before
the date of the application.
(m) A complete set of fingerprints on a form furnished by the
board, along with the written consent of the applicant for the
board to forward the fingerprints to a law enforcement agency
for a report on the criminal history of the applicant.
(n) Letters of recommendation from three physicians who are
currently in practice, at least two of whom are actively engaged
in the practice of homeopathic medicine in this state and each
of whom is personally acquainted with the applicant.
2. The applicant must submit with the application the application
fee required pursuant to NRS 630A.330. The application fee is
nonrefundable.
3. If the application is rejected, it will be retained by the
board pursuant to subsection 4 of NRS 630A.290 and the board
will notify the applicant of the reasons for the rejection.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff: 8
29 85; A by R105-03, 9-24-2003)
NAC 630A.060 Examination to practice
homeopathic medicine: Frequency of administration; requirements
for eligibility; contents; notification; materials acceptable
for use during portion of examination; standards for passing.
(NRS 630A.200)
1. The board will administer an examination to practice homeopathic
medicine at least two times each year at the dates and times
established by the board. An applicant for a license to practice
homeopathic medicine must submit the completed application required
pursuant to NAC 630A.050 to the secretary-treasurer of the board
not later than 60 days before the date scheduled for the examination
to be eligible to take that examination.
2. The examination will consist of a written examination that
is based upon the principles of homeopathy as defined in NRS
630A.040. The time allowed for completing the examination must
not exceed 3 hours.
3. The secretary-treasurer shall notify the applicant of the
time and place of the examination not later than 20 days before
the date scheduled for the examination.
4. Any book, computer, note or other material approved by the
secretary-treasurer of the board before the examination may
be used during the written examination.
5. To pass the examination, an applicant must receive a score
of at least 76 percent on the written examination.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 8
29 85; A 10 25 96; 12 11 00; R105-03, 9-24-2003)
NAC 630A.062 Medical competency
examination.
1. A homeopathic physician who is subject to a medical competency
examination pursuant to NRS 630A.430 shall pay the costs of
the examination.
2. The medical competency examination:
(a) May be written or oral;
(b) Will last no longer than 4 hours; and
(c) Must be administered by two physicians selected by the board
who are licensed and actively engaged in the practice of homeopathic
medicine in this state.
3. If the person being examined objects to the physicians selected
to administer the examination and the board finds that his objections
are valid, he may submit a list of eight names of homeopathic
physicians who are actively engaged in the practice of homeopathic
medicine in this state from which the board may select one or
two physicians to replace one or both of the examiners previously
selected.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 8
29 85; A by R105-03, 9-24-2003)-(Substituted in revision for
NAC 630A.150)
NAC 630A.065 Examination of graduate
of foreign medical school. An applicant for a license to
practice homeopathic medicine who is a graduate of a foreign
medical school must successfully complete the:
1. Examination administered by the Educational Commission for
Foreign Medical Graduates; or
2. Federation Licensing Examination.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 3
19 87)
NAC 630A.070 Postgraduate training
of graduate of medical school. An applicant for a license
to practice homeopathic medicine who is a graduate of a medical
school, as required pursuant to NRS 630A.230, 630A.240 or 630A.270,
must have completed 6 months of his postgraduate training in
the United States.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 8
29 85; A by R105-03, 9-24-2003)
NAC 630A.072 Postgraduate training: Approval of courses or programs.
(NRS 630A.200)
1. The 6 months of postgraduate training in homeopathy required
of an applicant for a license to practice homeopathic medicine
pursuant to NRS 630A.240 must consist of courses, instructors
or programs which are approved by the board. In determining
whether to approve a course or program, the board will consider:
(a) The textbooks and other instructional aids used in the course
or program;
(b) The institution offering the course or program;
(c) The qualifications of the instructor teaching the course
or program; and
(d) Whether the course or program includes instruction on:
(1) The diagnostic and therapeutic principles referred to in
NRS 630A.040;
(2) The procedure for evaluating a patient;
(3) The procedure for selecting an appropriate treatment based
upon the evaluation of the patient;
(4) Homeopathic pharmacology; and
(5) The methodology of prescribing homeopathic medicines and
therapies.
2. The board may revoke approval of a course or program it has
previously approved if it determines that the course or program
no longer complies with the considerations set forth in subsection
1.
3. The board will maintain a list of courses and programs that
are currently approved by the board.
4. If an applicant for a license to practice homeopathic medicine
has completed a course or program that has not been approved
by the board, he may submit the course or program to the board
for approval. The board will review the course or program based
upon the considerations set forth in subsection 1. If the board
approves the course or program, the applicant will receive credit
for the postgraduate training.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 3
30 94; A 12 11 00; R105-03, 9-24-2003)
NAC 630A.080 Interview of graduate
of medical school. Any applicant for a license to practice
homeopathic medicine, who is a graduate of a medical school,
as required pursuant to NRS 630A.230, 630A.240 or 630A.270,
shall appear personally before the board for an interview.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 8
29 85; A by R105-03, 9-24-2003)
NAC 630A.090 Licensing by reciprocity.
1. In addition to the requirements set forth in NRS 630A.280,
an applicant may obtain a license by reciprocity without a written
examination if he submits a certificate endorsed by the homeopathic
medical examining board of any state, territory or the District
of Columbia which licensed or certified the applicant indicating
that:
(a) He passed an examination to obtain the license or certificate;
(b) His license or certification has never been revoked or suspended;
and
(c) The photograph and signature appearing on the license or
certification are that of the applicant.
2. The applicant must appear at a meeting of the board for an
interview. The secretary-treasurer will notify the applicant
whose application and supporting documents have been accepted
by the board of the time and place for the interview 20 days
before it is to take place.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 8
29 85; A by R105-03, 9-24-2003)
NAC 630A.096 Continuing education:
General requirements; exemption; failure to comply. (NRS 630A.200,
630A.295, 630A.299)
1. Except as otherwise provided in subsection 2, each homeopathic
physician, homeopathic assistant or advanced practitioner of
homeopathy applying for renewal of his license or certificate
must, at the time of annual registration, submit to the board
evidence in such form as the board requires, that he has completed
during the preceding year 20 credits of continuing homeopathic
medical education in courses approved by the board, including,
without limitation, courses in complementary and alternative
medical education.
2. A homeopathic physician who has completed a full year of
residency or fellowship in allopathic, osteopathic or homeopathic
medicine any time during the period for annual registration
immediately preceding the submission of the application for
annual registration is exempt from the requirements set forth
in subsection 1.
3. If a homeopathic physician, homeopathic assistant or advanced
practitioner of homeopathy fails to submit evidence of his completion
of continuing medical education within the time and in the manner
set forth in subsection 1, his license will not be renewed.
Such a person may not resume the practice of homeopathic medicine
pursuant to this chapter and chapter 630A of NRS unless he:
(a) Pays a fee to the board which is twice the fee for renewal
of a license set forth in subsection 1 of:
(1) A license as set forth in subsection 1 of NAC 630A.120;
(2) A certificate to practice as a homeopathic assistant as
set forth in paragraph (c) of subsection 2 of NAC 630A.550;
or
(3) A certificate to practice as an advanced practitioner of
homeopathy as set forth in paragraph (c) of subsection 2 of
NAC 630A.550;
(b) Submits to the board, in such form as it requires, evidence
that he has completed the 20 credits of continuing homeopathic
medical education required by subsection 1; and
(c) Is found by the board to be otherwise qualified for active
status pursuant to the provisions of this chapter and chapter
630A of NRS.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 12
11 00; A by R105-03, 9-24-2003)
NAC 630A.098 Committee to examine and make recommendations
regarding education in homeopathy. (NRS 630A.200)
1. The president of the board shall appoint a committee composed
of the secretary-treasurer and two other members of the board.
The committee shall:
(a) Periodically examine the educational activities, quality
of training seminars, meetings and materials used for educating
homeopathic physicians, homeopathic assistants or advanced practitioners
of homeopathy; and
(b) Make recommendations to the board regarding the education
of homeopathic physicians, homeopathic assistants and advanced
practitioners of homeopathy.
2. The board may accept, reject or alter any recommendation
of the committee.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 12
11 00; A by R105-03, 9-24-2003)
NAC 630A.100 Temporary license;
special license.
1. An applicant for a temporary license shall furnish the board,
along with his application, a letter from the homeopathic physician
for whom the applicant is to serve as a substitute requesting
the issuance of the temporary license, stating the reasons for
the absence from his practice, and the period of his absence.
2. A homeopathic physician licensed in an adjoining state who
applies to the board for a special license to practice homeopathic
medicine in this state for a specified period of time and for
specific purposes must do so by a letter, accompanied by proof
that he holds a valid license issued to him by the other state.
3. The applicant for a nonrenewable temporary or a special license
may be required to appear before the board or one of its members
for an oral interview before the issuance of the license.
4. A special license will state on its face the period during
which it is valid and the specified purposes for the license.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 8
29 85; A by R105-03, 9-24-2003)
NAC 630A.110 Limited license.
A limited license must state that it is a limited license to
practice homeopathic medicine as a resident physician in a postgraduate
program of clinical training, and the period during which it
is valid.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 8
29 85)
NAC 630A.120 Fees. (NRS 630A.200,
630A.330) The board will charge and collect the following
fees:
1. For the renewal of a license to practice homeopathic medicine.......................
$550
2. For the reexamination of an applicant who fails the examination
for a license to practice homeopathic medicine………………………………………………………
$330 3. For the reexamination of an applicant who fails the
examination for a certificate to practice as an advanced practitioner
of homeopathy…………………………………
$165
4. For the reexamination of an applicant who fails the examination
for a certificate to practice as a homeopathic assistant ………………………………………………..…..
$83
5. For a temporary, special or limited license or certificate...................................
$150
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 8
29 85; A 1 22 98; R105-03-03, 9-24-2003)
NAC 630A.130 Notification of change
of address or home office.
1. A holder of a license to practice homeopathic medicine, a
certificate to practice as
an advanced practitioner of homeopathy or a certificate to practice
as a homeopathic assistant shall notify the board in writing
of any change in the address of his home or office not later
than 30 days after the change.
2. If a holder of a license to practice homeopathic medicine,
a certificate to practice as an advanced practitioner of homeopathy
or a certificate to practice as a homeopathic assistant fails
to notify the board in writing of any change in the address
of his home or office within the period set forth in subsection
1, the board may by order, after providing a hearing pursuant
to NRS 630A.480 or NAC 630A.580 and except as otherwise provided
in this subsection, impose an administrative fine. If the holder
of a license to practice homeopathic medicine, a certificate
to practice as an advanced practitioner of homeopathy or a certificate
to practice as a homeopathic assistant waives his right to a
hearing set forth in NRS 630A.480 or NAC 630A.580, the board
will impose an administrative fine in the amount of $500 for
the first day after the period set forth in subsection 1 plus
an additional $20 per day for each day thereafter that the holder
of the license or certificate does not notify the Board of the
change. The total amount of the administrative fine will not
exceed $700.
3. If a holder of a license to practice homeopathic medicine,
a certificate to practice as an advanced practitioner of homeopathy
or a certificate to practice as a homeopathic assistant fails
to notify the board in writing of any change in the address
of his home or office within 60 days after the change and the
holder of the license or certificate fails to pay a fine imposed
pursuant to subsection 2, the board will by order, after providing
a hearing pursuant to NRS 630A.480 or NAC 630A.580, suspend
the license or certificate of the holder for a specified period
or until the board orders the license or certificate to be reinstated.
4. A person may restore a license that has been suspended pursuant
to this section in the manner provided in subsection 5 of NRS
630A.530 for the restoration of a license that has been revoked
by the board.
5. A person may restore a certificate that has been suspended
pursuant to this section in the manner provided in NAC 630A.620.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 8
29 85; A by R105-03, 9-24-2003)
STANDARDS
OF PRACTICE
NAC 630A.132 Duties; prohibited
practices; use of certain substances. (NRS 630A.200)
1. A homeopathic physician shall:
(a) Complete and return any official practice surveys, questionnaires
or other necessary information required by the board to protect
the public within 30 days after the date the survey, questionnaire
or other necessary information is postmarked; and
(b) Maintain a legible, written record, including, without limitation,
a record that is typed, printed or generated by a computer,
for each patient attended, as required by chapter 629 of NRS,
and keep this record available for copying or inspection, as
necessary, upon receipt of a written request for records authorized
pursuant to chapter 629 of NRS.
2. A homeopathic physician shall not:
(a) Falsify records of health care or insurance;
(b) Falsify medical records of a patient, including, without
limitation, altering records to indicate the presence of the
homeopathic physician at a time when the homeopathic physician
was not in attendance or to indicate that procedures were performed
on the patient by the homeopathic physician that were in fact
not performed by him;
(c) Render professional service to a patient while under the
influence of alcohol or any controlled substance or while in
any other impaired mental or physical condition;
(d) Acquire any controlled substance from a pharmacy or other
source by misrepresentation, fraud, deception or subterfuge;
(e) Allow any person who is unlicensed and uncertified to treat
a patient by means of homeopathy;
(f) Fail to provide adequate supervision of a homeopathic assistant
or advanced practitioner of homeopathy who is employed or supervised
by him;
(g) Fail to honor the advance directive of a patient without
informing the patient, the surrogate or the guardian of the
patient, and without documenting in the records of the patient
the reasons for failing to honor the advance directive of the
patient contained therein;
(h) Fail to prescribe adequately therapies or substances allowed
in NRS 630A.040 for the control of pain;
(i) Enter into a multilevel marketing agreement with a patient
or an immediate family member of the patient; or
(j) Submit false or fraudulent information to the board.
3. A homeopathic physician is not subject to disciplinary action
solely for prescribing, administering or dispensing to a patient
under his care:
(a) Amygdalin (laetrile), if the patient has consented in writing
to the use of the substance;
(b) Procaine hydrochloride with preservatives and stabilizers
(Gerovital GH3);
(c) A controlled substance or controlled substance analog which
is listed in the official Homeopathic Pharmacopoeia of the United
States (HPUS) or any supplement
thereto or which is approved by the state board of pharmacy
pursuant to NRS 453.146, if the homeopathic physician is authorized
by law to prescribe the substance;
(d) A device or agent approved by the United States Food and
Drug Administration in a manner that is not approved by the
United States Food and Drug Administration if:
(1) The device or agent has not been scientifically proven to
be of greater morbidity or mortality than the prevailing method
of treatment;
(2) The device or agent is within the scope of practice of homeopathic
medicine; and
(3) The patient has consented in writing to the use of the device
or agent;
(e) Homeopathy for the treatment of chronic degenerative disease,
cancer or intractable pain;
(f) Preventive or early intervention using homeopathy; or
(g) Homeopathic medicines:
(1) In single, alternating or sequential doses, or a combination
of these methods; or (2) From material doses and tinctures through
low, medium, high and ultrahigh potencies relating to the specialty,
subspecialty, school, method or style of homeopathy used.
4. If a homeopathic physician fails to complete and return a
survey, questionnaire or other necessary information as required
pursuant to paragraph (a) of subsection 1, the Board may by
order, after a formal hearing held pursuant to NRS 630A.480
and except as otherwise provided in this subsection, impose
an administrative fine. If the homeopathic physician waives
his right to the hearing set forth in NRS 630A.480, the Board
will impose an administrative fine in the amount of $20 for
each day a survey, questionnaire or other necessary information
required to be completed and returned pursuant to paragraph
(a) of subsection 1 is overdue, up to a maximum of $500.
5. As used in this section:
(a) "Controlled substance analog" means:
(1) A substance whose chemical structure is substantially similar
to the structure of a controlled substance listed in schedule
III pursuant to NAC 453.530; or
(2) A substance that is substantially similar to or greater
than the stimulant, depressant or hallucinogenic effect on the
central nervous system of a person treated with a controlled
substance listed in schedule III pursuant to NAC 453.530, and
which has, is represented as having or is intended to have a
stimulant, depressant or hallucinogenic effect on the central
nervous system of a person.
(b) "Intractable pain" means a condition of discomfort
for which the cause cannot be removed or otherwise treated and
for which a method of providing relief or a cure for the cause
has not been found after reasonable efforts have been taken,
including, without limitation, evaluation by an attending homeopathic
physician and one or more physicians specializing in the treatment
of the area, system or organ of the body which is believed to
be the source of the discomfort.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 12
11 00; A by R105-03, 9-24-2003)
NAC 630A.134 Use of certain chelation
therapies. (NRS 630A.200) A homeopathic physician who uses
intravenous hydrogen peroxide or intravenous chelation in the
treatment of a patient shall:
1. Follow a protocol that has been approved by the board; and
2. Be on the premises or have a licensed homeopathic physician,
homeopathic assistant or advanced practitioner of homeopathy
on the premises at all times while a patient is receiving intravenous
hydrogen peroxide or intravenous chelation therapy.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 12
11 00; A by R105-03, 9-24-2003)
NAC 630A.136 Report to board of
claims involving malpractice. (NRS 630A.200)
1. If a judgment is entered against a homeopathic physician
or advanced practitioner of homeopathy in any court, or a settlement
is reached, on a claim involving malpractice, the homeopathic
physician or advanced practitioner of homeopathy shall report
that fact to the board within 60 days after the judgment is
entered or the settlement is reached.
2. As used in this section:
(a) "Community" embraces the entire area customarily
served by homeopathic physicians and advanced practitioners
of homeopathy among whom a patient may reasonably choose, not
merely the particular area inhabited by the patients of that
individual homeopathic physician or advanced practitioner of
homeopathy or the particular city or place where the homeopathic
physician or advanced practitioner of homeopathy has his office.
(b) "Malpractice" means failure on the part of a homeopathic
physician or advanced practitioner of homeopathy to exercise
the degree of care, diligence and skill ordinarily exercised
by homeopathic physicians and advanced practitioners of homeopathy
in good standing in the community in which he practices.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 12
11 00; A by R105-03, 9-24-2003)
NAC 630A.138 Consultation with
another provider of health care. (NRS 630A.200) A homeopathic
physician shall consult with another provider of health care
in difficult cases or in cases where the homeopathic physician
is in doubt if it appears to the homeopathic physician that
such consultation may enhance the quality of homeopathic medical
services.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs by R058
00, eff. 12 11 2000)
NAC 630A.140 Advertising: Prohibited
acts. A homeopathic physician in advertising his practice
shall not:
1. Make any false claim of his medical skill or the efficacy
or value of the medicine or treatment he uses.
2. Claim or imply superiority in the performance of any professional
service as compared to other homeopathic physicians.
3. Make any other statement calculated to attract patients which
may mislead the public.
4. Be deceptive or misleading or make false statements in regard
to the fee or terms of credit for services performed or to be
performed.
5. Make statements which have a tendency to produce unrealistic
expectations in particular cases, even though no member of the
public is actually deceived, misled or harmed.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 8
29 85)
PRACTICE
BEFORE THE BOARD OF HOMEOPATHIC
MEDICAL EXAMINERS
NAC 630A.160 Verification of pleadings;
answer to complaint; depositions prohibited.
1. All pleadings must be verified.
2. A party may respond to a complaint by filing an answer within
20 days after receiving the complaint. If a party fails to file
an answer within the time prescribed, he shall be deemed to
have generally denied the allegations of the complaint.
3. Depositions of witnesses may not be taken before the hearing.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 8
29 85)
NAC 630A.170 Filing of pleading,
motion or other paper. The original and two copies of each
pleading, motion or other paper must be filed with the secretary
treasurer of the board. He may require the party filing the
document to make a copy available to any other person who the
secretary determines may be affected by the proceeding and who
desires a copy.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 8
29 85)
NAC 630A.180 Service of documents;
proof of service.
1. Any document required to be served by a party, other than
a notice of hearing, complaint, adverse decision or order of
the board, may be served by regular mail, and the service shall
be deemed complete when a true copy of the document, properly
addressed and stamped, is deposited in the United States mail.
2. There must appear on, or be attached to, each document which
is required to be served proof of service by means of a certificate
of an attorney or his employee, a proof of personal service,
a written admission of service or an affidavit of mailing.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 8
29 85)
NAC 630A.190 Motions.
1. All motions, unless made during a hearing, must be in writing.
All written motions must set forth the nature of the relief
sought, the grounds therefore, and the points and authorities
relied upon in support of the motion.
2. A party who desires to oppose a motion may serve and file
a written response to the motion within 20 days after service
of the motion. The moving party may serve and file a written
reply to the opposition to the motion within 10 days after the
response is filed.
3. A decision on the motion will be rendered without oral argument
unless oral argument is requested by the board, in which event
the board will set a date and time for hearing the arguments.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 8
29 85)
NAC 630A.200 Entry of appearance.
1. Each party to a disciplinary hearing shall enter his appearance
at the beginning of a hearing or at a time designated by the
board by giving his name and address and stating his position
or interest to the board. That information must be entered in
the record of the hearing.
2. Following the entry of an appearance by an attorney for a
party, all notices, pleadings and orders to be served on that
party must be served upon the attorney, and that service is
valid for all purposes concerning the party.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 8
29 85)
NAC 630A.210 Hearings.
1. Hearings will be held before a majority of the members of
the board.
2. The member of the board who is presiding over the hearing
will call the hearing to order and note the appearances of board
members, the parties and their counsel, if any. The board will
act upon any pending motions, stipulations and preliminary matters.
The notice of hearing, complaint, petition, answer, response
or written stipulation is a part of the record without the necessity
of being read unless a party requests that the document be read
verbatim into the record.
3. Applicants, petitioners or complainants shall present their
evidence before the parties who are opposing the application,
petition or complaint submit their evidence.
4. The board may allow closing statements by the parties.
5. Briefs may be filed upon motion of a party or at the request
of the board. The time for filing briefs will be set by the
board.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 8
29 85)
NAC 630A.220 Decision by board.
A case stands submitted for decision by the board after the
taking of evidence, the filing of briefs or the presentation
of oral arguments, if permitted. The board will issue its order
or render its decision within 90 days after the hearing or the
submission of the case.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 8
29 85)
NAC 630A.230 Service of copy of
findings and order. A copy of the disciplinary findings
and the order of the board must be served by personal service
or by certified mail upon the person affected by them and upon
his attorney of record.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 8
29 85)
HOMEOPATHIC
ASSISTANTS
AND
ADVANCED PRACTITIONERS OF HOMEOPATHY
Homeopathic Assistants
NAC 630A.300 Application for certificate:
Form; contents.
1. An applicant for a certificate to practice as a homeopathic
assistant must submit to the board a notarized application on
a form furnished by the board. The form may be obtained from
the office of the board or from the Internet website of the
board.
2. The applicant must include on the application, or in an attachment
thereto, any information required by the board, including, without
limitation:
(a) His place and date of birth;
(b) His social security number as required pursuant to NRS 630A.243;
(c) The address and telephone number of his place of residence
and place of business;
(d) Proof that he meets the qualifications required by the board
pursuant to subsections 1 to 4, inclusive, of NAC 630A.320;
(e) A list describing any license or certificate that the applicant
has earned which required the completion of medical training
or which authorizes him to provide medical services;
(f) A statement disclosing whether he has ever been convicted
of a crime;
(g) A statement disclosing whether any disciplinary action has
ever been taken against him in his capacity as the holder of
a license or certificate which authorizes him to provide medical
services;
(h) A photograph of the applicant which was taken not more than
60 days before the application is submitted;
(i) A complete set of his fingerprints on a form which is furnished
by the board, along with the written consent of the applicant
for the board to forward the fingerprints to a law enforcement
agency for a report on the criminal history of the applicant;
and
(j) A letter of recommendation from:
(1) A homeopathic physician who is actively engaged in the practice
of homeopathic medicine in this state; and
(2) Two persons who have known the applicant for at least 1
year.
3. The applicant must submit with the application, the application
fee required pursuant to NRS 630A.330. The application fee is
nonrefundable.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 10
25 96; A by R105-03, 9-24-2003)
NAC 630A.310 Denial of certificate:
Reasons; explanation.
1. The board may deny a certificate to practice as a homeopathic
assistant to an applicant if:
(a) The application does not contain the information required
pursuant to NAC 630A.300;
(b) The applicant does not possess the qualifications required
pursuant to subsections 1 to 4, inclusive, of NAC 630A.320;
(c) The applicant does not pass the examination required pursuant
to NAC 630A.330 within 1 year after submitting the application;
or
(d) Disciplinary action has been taken against the applicant
in his capacity as the holder of a license or certificate which
authorizes him to provide medical services.
2. If the application is rejected, it will be retained by the
board and the board will notify the applicant of the reasons
for the rejection.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 10
25 96; A by R105-03, 9-24-2003)
NAC 630A.320 Qualifications for
certificate. An applicant for a certificate to practice
as a homeopathic assistant must possess the qualifications required
by the board, including, without limitation:
1. Graduation from high school.
2. Successful completion of at least one training program approved
by the board. This training may include, without limitation,
a program to become certified or licensed to practice as:
(a) A medical assistant;
(b) A physician assistant;
(c) A registered nurse;
(d) A licensed practical nurse;
(e) An emergency medical technician;
(f) A medic in the Armed Forces; or
(g) A medical technician.
3. Successful completion of not less than 40 hours of training
in homeopathic medicine from a program approved by the board,
including, without limitation, a program concerning complementary
and alternative medicine.
4. Successful completion of not less than 160 hours of training
under the supervision of a homeopathic physician.
5. Successful completion of the examination administered by
the board pursuant to NAC 630A.330.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 10
25 96; A by R105-03, 9-24-2003)
NAC 630A.330 Examination to practice:
Frequency of administration; requirements for eligibility; contents;
notification; materials acceptable for use during portion of
examination; standards for passing.
1. The board will administer an examination to practice as a
homeopathic assistant at least two times each year at the dates
and times established by the board. An applicant for a certificate
to practice as a homeopathic assistant must submit the application
required pursuant to NAC 630A.300 to the secretary-treasurer
of the board not later than 60 days before the date scheduled
for the examination to be eligible to take that examination.
2. The examination will consist of an open book written examination
and an oral examination.
3. The secretary-treasurer shall notify an applicant to practice
as a homeopathic assistant of the time and place of the examination
not later than 20 days before the date scheduled for the examination.
4. Any book, note or other material approved by the board may
be used during the written examination.
5. To practice as a homeopathic assistant, an applicant must
receive:
(a) A score of at least 70 percent on the written examination;
or
(b) A passing score on the oral examination from a majority
of the board members who are present and grading the examination,
which will be graded on a pass or fail basis.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 10
25 96; A by R105-03, 9-24-2003)
NAC 630A.350 Requirements regarding
supervising homeopathic physician.
1. A homeopathic physician who supervises a homeopathic assistant
must be licensed to practice homeopathic medicine in the State
of Nevada and must currently practice homeopathic medicine in
the State of Nevada.
2. A homeopathic assistant who is supervised by a homeopathic
physician must be employed by that physician or by the entity
that employs the homeopathic physician.
3. The supervising homeopathic physician of a homeopathic assistant
shall meet and communicate with the homeopathic assistant whom
he supervises on each day that the homeopathic assistant provides
medical services.
4. The supervising homeopathic physician remains responsible
for all medical services provided by a homeopathic assistant
supervised by him.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 10
25 96)
NAC 630A.360 Acceptable activities;
medical diagnosis and determination of treatment forbidden.
1. Except as otherwise provided in subsection 2, a homeopathic
assistant may perform electrodermal screening or any other activity
related to the practice of homeopathy that his supervising homeopathic
physician determines he is qualified to perform.
2. A homeopathic assistant shall not make a medical diagnosis
or determine the treatment of a patient.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 10
25 96)
NAC 630A.370 Cessation of supervision:
Procedure; suspension of certificate.
1. A homeopathic assistant who ceases to be supervised by a
homeopathic physician shall notify the board in writing within
10 days after his supervision ceases. The supervising physician
of the homeopathic assistant shall also notify the board in
writing within 10 days after the cessation of the supervision.
Upon receipt of a notice, the board will automatically suspend
the certificate of the homeopathic assistant.
2. A homeopathic assistant whose certificate is suspended pursuant
to subsection 1 may reactivate his certificate before the date
on which his certificate is due for renewal if:
(a) He is reemployed as a homeopathic assistant; and
(b) He submits to the board proof of employment from his new
supervising homeopathic physician.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 10
25 96)
Advanced Practitioners
of Homeopathy
NAC 630A.400 Application for certificate:
Form; contents.
1. An applicant for a certificate to practice as an advanced
practitioner of homeopathy must submit to the board a notarized
application on a form furnished by the board. The form may be
obtained from the office of the board or from the Internet website
of the board.
2. The applicant must include on the application, or in an attachment
thereto, any information required by the board, including, without
limitation:
(a) His place and date of birth;
(b) His social security number as required pursuant to NRS 630A.243;
(c) The address and telephone number of his place of residence
and place of business;
(d) Proof that he meets the qualifications required by the board
pursuant to subsections 1, 2 and 3 of NAC 630A.420;
(e) A list describing any license or certificate that the applicant
has earned which required the completion of medical training
or which authorizes him to provide medical services;
(f) A statement disclosing whether he has ever been convicted
of a crime;
(g) A statement disclosing whether any disciplinary action has
ever been taken against him in his capacity as the holder of
a license or certificate which authorizes him to provide medical
services;
(h) A photograph of the applicant which was taken not more than
60 days before the application is submitted;
(i) A complete set of his fingerprints on a form which is furnished
by the board, along with the written consent of the applicant
for the board to forward the fingerprints to a law enforcement
agency for a report on the criminal history of the applicant;
and
(j) A letter of recommendation from:
(1) A homeopathic physician who is actively engaged in the practice
of homeopathic medicine in this state; and
(2) Two persons who have known the applicant for at least 1
year.
3. The applicant must submit with the application, the application
fee required pursuant to NRS 630A.330. The application fee is
nonrefundable.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 10
25 96; A by R105-03, 9-24-2003)
NAC 630A.410 Denial of certificate:
Reasons; explanation.
1. The board may deny a certificate to practice as an advanced
practitioner of homeopathy to an applicant if:
(a) The application does not contain the information required
pursuant to NAC 630A.400;
(b) The applicant does not possess the qualifications required
pursuant to subsections 1, 2 and 3 of NAC 630A.420;
(c) The applicant does not pass the examination required pursuant
to subsection 4 of NAC 630A.420 within 1 year after submitting
the application; or
(d) Disciplinary action has been taken against the applicant
in his capacity as the holder of a license or certificate which
authorizes him to provide medical services.
2. If the application is rejected, it will be retained by the
board and the board will notify the applicant of the reasons
for the rejection.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 10
25 96; A by R105-03, 9-24-2003)
NAC 630A.420 Qualifications for
certificate. An applicant for a certificate to practice
as an advanced practitioner of homeopathy must possess the qualifications
required by the board, including, without limitation:
1. A baccalaureate degree from a college or university which
is approved by the board or equivalent qualifications as determined
and approved by the board.
2. Successful completion of at least one of the following training
programs approved by the board:
(a) A program to become certified or licensed to practice as:
(1) A nurse practitioner;
(2) A chiropractor; or
(3) An acupuncturist or doctor of oriental medicine;
(b) A program to receive a degree from:
(1) A domestic or foreign medical school approved by the board;
(2) A homeopathic medical school approved by the board; or
(3) A school of naturopathy approved by the board; or
(c) Any other medical training approved by the board.
3. Successful completion of not less than 6 months of training
in homeopathy.
4. Successful completion of the examination administered by
the board pursuant to NAC 630A.430.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 10
25 96)
NAC 630A.425 Requirements to supervise
training. (NRS 630A.200) A homeopathic physician who is
actively practicing homeopathy in Nevada and who is in good
standing with the board may serve as a supervisor of a person
who is engaged in the postgraduate training required in paragraph
(c) of subsection 1 of NRS 630A.240 or who is engaged in training
required pursuant to NAC 630A.420, if the licensee:
1. Receives approval in writing from the board;
2. Notifies the board in writing at the conclusion of the training
period that the person:
(a) Has completed 6 months of training; and
(b) Is prepared to be examined by the board; and
3. Attests in writing to the board that he has not willfully
and intentionally made a false or fraudulent statement or submitted
a false or fraudulent document to the board.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs by R058
00, eff. 12 11 2000)
NAC 630A.430 Successful completion
of examination to practice as homeopathic physician required.
To practice as an advanced practitioner of homeopathy, a person
must successfully complete the examination given by the board
to applicants to practice as a homeopathic physician pursuant
to NAC 630A.060 which is administered by the board at least
two times each year. An applicant will be notified and his examination
administered and scored in the same manner as set forth in that
section.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 10
25 96)
NAC 630A.450 Requirements of supervising
homeopathic physician: Licensing; consultation with and monitoring
of advanced practitioner of homeopathy; provision of certain
information to board.
1. A homeopathic physician who supervises an advanced practitioner
of homeopathy must currently practice homeopathic medicine in
the State of Nevada.
2. The supervising homeopathic physician shall consult with
and monitor the quality of care provided by the advanced practitioner.
3. The supervising homeopathic physician shall provide to the
board:
(a) The current physical address and telephone number of each
location where an advanced practitioner of homeopathy whom he
supervises provides medical services; and
(b) Any change in such information.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 10
25 96; A by R105-03, 9-24-2003)
NAC 630A.460 Requirements of supervising
homeopathic physician: Program to monitor quality of care.
A homeopathic physician who supervises an advanced practitioner
of homeopathy shall develop and implement a program to monitor
the quality of care provided by the advanced practitioner. As
part of the program, the supervising homeopathic physician shall:
1. Assess the competency of the advanced practitioner to provide
medical services;
2. Review selected medical charts of the advanced practitioner;
and
3. Maintain accurate records and documentation of the program
for each advanced practitioner whom the homeopathic physician
supervises.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 10
25 96; A by R105-03, 9-24-2003)
NAC 630A.470 Requirements of supervising
homeopathic physician: Availability for consultation; exception.
1. Except as otherwise provided in this subsection, a homeopathic
physician who supervises an advanced practitioner of homeopathy
must be available to consult with the advanced practitioner
by phone or in person at all times when the advanced practitioner
provides medical services. If the supervising homeopathic physician
cannot be available, he shall designate an equally qualified
homeopathic physician to be available for consultation.
2. The supervising homeopathic physician shall ensure that the
advanced practitioner:
(a) Does not use a prescription which has been signed by a physician
before a patient requires the prescription; and
(b) Is aware of all laws and regulations with which he must
comply, including, without limitation, the regulations of the
state board of pharmacy regarding prescriptions, controlled
substances, and dangerous drugs and devices.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 10
25 96; A by R105-03, 9-24-2003)
NAC 630A.480 Acceptable activities.
1. An advanced practitioner of homeopathy may perform only those
acts which he is: (a) Qualified to perform, as determined by
his supervising homeopathic physician; and
(b) Authorized to perform pursuant to the protocol established
pursuant to NAC 630A.490.
2. A homeopathic physician may authorize the advanced practitioner
of homeopathy whom he supervises to:
(a) Systematically assess the health of a person or family by:
(1) Taking, recording and interpreting a medical history;
(2) Performing a physical examination; and
(3) Performing or initiating any specific diagnostic procedure
which is authorized in the protocol established pursuant to
NAC 630A.490.
(b) Manage the care of a person who has a common, acute, recurrent
or chronic health-related problem, based on an assessment of
the health of that person by:
(1) Initiating a program of treatment;
(2) Evaluating the response to health-related problems and programs
of treatment;
(3) Informing a patient or a member of his family about the
health of the patient and the alternatives for treatment;
(4) Evaluating the compliance of a patient with the program
of treatment that was agreed upon by him or his family and the
advanced practitioner;
(5) Modifying a program of treatment based upon the response
of the patient to that treatment;
(6) Referring a patient to an appropriate provider of health
care, if necessary;
(7) Treating minor lacerations which do not involve damage to
a nerve, tendon or major blood vessel; and
(8) Commencing care which is necessary to stabilize the condition
of a patient during an emergency until a physician can be consulted
or the patient can be transported to a facility where emergency
medical care is available.
(c) Perform any other procedure related to the practice of homeopathy
if:
(1) The advanced practitioner is certified to perform that procedure
by an organization which is recognized by the board;
(2) The advanced practitioner learned how to perform the procedure
in a program of education which he attended;
(3) The advanced practitioner learned how to perform the procedure
during the successful completion of a comprehensive program
of instruction which included clinical experience; or
(4) The act is within the authorized scope of practice of an
advanced practitioner of homeopathy as determined by the board.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 10
25 96)
NAC 630A.490 Written protocol
required.
1. An advanced practitioner of homeopathy and his supervising
homeopathic physician shall prepare and sign a written protocol,
demonstrating agreement to the terms and content of the protocol.
The protocol must include, without limitation:
(a) A description of the scope of practice of the advanced practitioner
as authorized by the supervising homeopathic physician;
(b) A statement from the supervising homeopathic physician that
he has determined that the advanced practitioner is qualified
and competent to provide the services authorized in the scope
of practice;
(c) A list of any programs of training from which the advanced
practitioner has graduated; and
(d) A list of conditions under which the advanced practitioner
agrees to refer a patient to the supervising homeopathic physician.
2. If an advanced practitioner of homeopathy intends to engage
in the intrastate practice of homeopathic medicine using electronic
means, the written protocol must incorporate all the requirements
and prohibitions that apply to homeopathic physicians engaged
in the intrastate practice of homeopathic medicine using electronic
means.
3. The protocol must reflect established national or customary
standards for the practice of homeopathic medicine.
4. Before an advanced practitioner of homeopathy may provide
a medical service to a patient, he must obtain the signature
of the patient on a form which discloses to the patient that
he is an advanced practitioner of homeopathy and is not a licensed
homeopathic physician.
5. The supervising physician shall submit a copy of the protocol
to the board for approval. If the board does not approve the
protocol, it will return the protocol to the physician with
an explanation for the denial. The supervising homeopathic physician
shall rewrite the protocol to conform with any suggestion of
the board and resubmit it to the board for consideration at
the next regularly scheduled meeting of the board.
6. A copy of the protocol must be maintained at each location
where the advanced practitioner provides medical services.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 10
25 96)
NAC 630A.500 Annual review of
protocol; documentation of findings; review of records by supervising
homeopathic physician and board.
1. A homeopathic physician and an advanced practitioner of homeopathy
whom he supervises shall conduct and document a review of the
protocol required pursuant to NRS 630A.293 each year at the
time the certificate of the advanced practitioner is renewed.
2. The advanced practitioner shall maintain accurate records
documenting all pertinent historical and physical findings concerning
a patient, including, without limitation, the plan for the treatment
of a patient.
3. The supervising homeopathic physician shall review a sample
of the records of the findings of the advanced practitioner
at least once every 6 months to ensure that the advanced practitioner
is complying with the protocol.
4. The supervising homeopathic physician and the advanced practitioner
shall make any medical record available to the board for review.
A review conducted by the board will be in accordance with the
laws relating to the confidentiality of medical records.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 10
25 96; A by R105-03, 9-24-2003)
NAC 630A.510 Cessation of supervision:
Procedure; suspension of certificate.
1. An advanced practitioner of homeopathy who ceases to be supervised
by a homeopathic physician shall notify the board in writing
within 10 days after his supervision ceases. The supervising
physician of the advanced practitioner shall also notify the
board in writing within 10 days after the cessation of the supervision.
Upon receipt of a notice, the board will automatically suspend
the certificate of the advanced practitioner.
2. An advanced practitioner whose certificate is suspended pursuant
to subsection 1 may reactivate his certificate before the date
on which his certificate is due for renewal if:
(a) He submits to the board proof of supervision from his new
supervising homeopathic physician; and
(b) He and his new supervising homeopathic physician prepare
and file a written protocol with the board as required pursuant
to NAC 630A.490 within 30 days after the advanced practitioner
is placed under the supervision of the homeopathic physician.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 10
25 96)
Miscellaneous
NAC 630A.550 Renewal of certificate:
Requirements; fee; failure to pay renewal fee ground for revocation
of certificate. (NRS 630A.200, 630A.295, 630A.299, 630A.330)
1. A certificate to practice as a homeopathic assistant or advanced
practitioner of homeopathy which is issued by the board must
be renewed each year before January 1.
2. To renew a certificate, a homeopathic assistant or advanced
practitioner must:
(a) Submit an application for renewal to the board;
(b) Submit proof that he has completed the required annual continuing
education; and
(c) Pay to the board:
(1) An annual renewal fee of $165 for a certificate to practice
as a homeopathic assistant.
(2) An annual renewal fee of $330 for a certificate to practice
as an advanced practitioner of homeopathy.
3. A homeopathic assistant or advanced practitioner of homeopathy
who fails to submit proof to the board, before January 1, that
he has completed the required annual continuing education may
not renew his certificate until:
(a) He submits proof that he has completed the continuing education;
(b) The board determines that he is otherwise qualified to practice
as a homeopathic assistant or advanced practitioner of homeopathy;
and
(c) He pays to the board a renewal fee which is equivalent to
two times the fee set forth in subsection 2.
4. The board may revoke the certificate of a homeopathic assistant
or advanced practitioner who does not pay the renewal fee before
January 1. A homeopathic assistant or advanced practitioner
whose certificate is revoked for this reason may request, within
2 years after revocation, that the board restore his certificate.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 10
25 96; A 1 22 98; R105-03, 9-24-2003)
Disciplinary
Action
NAC 630A.560 Reasons for disciplinary
action or denial of certificate. (NRS 630A.200, 630A.295, 630A.299)
The board may initiate disciplinary action against a homeopathic
assistant or an advanced practitioner of homeopathy or may deny
the issuance or renewal of a certificate if the board finds
after providing notice and a hearing that the homeopathic assistant
or advanced practitioner of homeopathy:
1. Willfully and intentionally made a false or fraudulent statement
or submitted a forged or false document to the board;
2. Represented to another that the homeopathic assistant or
advanced practitioner of homeopathy was a licensed physician
or knowingly permitted another person to represent him as such;
3. Performed medical services which were not directed or supervised
by a homeopathic physician as required by NAC 630A.350 and 630A.470;
4. Provided medical services when he did not have the ability
to provide such services with reasonable skill and safety because:
(a) He was under the influence of alcohol or a controlled substance;
or
(b) He had a mental or physical illness;
5. Provided medical services in a negligent manner;
6. Failed to obey an order of the board or an investigative
committee of the board, a law or a regulation which relates
to the provision of health care or dispensing of drugs, including,
without limitation, a regulation of the board or the state board
of health;
7. Administered, dispensed or possessed a controlled substance,
except as authorized by law in the course of providing medical
services;
8. Is not competent to provide the services required of a homeopathic
assistant or advanced practitioner of homeopathy;
9. Has been convicted of a felony or any offense involving moral
turpitude;
10. Falsified records of health care or insurance;
11. Falsified medical records of a patient, including, without
limitation, altering records to indicate the presence of the
homeopathic assistant or advanced practitioner of homeopathy
at a time when the homeopathic assistant or advanced practitioner
of homeopathy was not in attendance or to indicate that procedures
were performed on the patient by the homeopathic assistant or
advanced practitioner of homeopathy that were in fact not performed
by him;
12. Acquired any controlled substance from a pharmacy or other
source by misrepresentation, fraud, deception or subterfuge;
13. Allowed any person who is unlicensed and uncertified to
treat a patient by means of homeopathy;
14. Failed to honor the advance directive of a patient without
informing the patient, the surrogate or the guardian of the
patient, and without documenting in the records of the patient
the reasons for failing to honor the advance directive of the
patient contained therein;
15. Entered into a multilevel marketing agreement with a patient
or an immediate family member of the patient; or
16. Has had disciplinary action taken against him in another
jurisdiction or by another board that regulates health care
in this state if the disciplinary action was taken against the
homeopathic assistant or advanced practitioner of homeopathy
in his capacity as the holder of a license or certificate which
authorizes him to provide medical services.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff. 10
25 96; A 12 11 00; R105-03, 9-24-2003)
NAC 630A.570 Procedure for disciplinary
action: Written complaint; investigation. (NRS 630A.200, 630A.295,
630A.299)
1. If the board, a member of the board or any other person who
is aware of any act or circumstance that constitutes grounds
for disciplinary action against a homeopathic assistant or an
advanced practitioner of homeopathy desires to initiate disciplinary
action against a homeopathic assistant or advanced practitioner
of homeopathy, the board, member of the board or other person
must file with the board a written complaint specifying the
charge against the homeopathic assistant or advanced practitioner
of homeopathy.
2. Unless the board determines that the complaint is without
merit, in response to a complaint filed against a homeopathic
assistant or advanced practitioner of homeopathy or on its own
initiative, the board will assign an investigative committee
to determine
whether a charge against a homeopathic assistant or advanced
practitioner of homeopathy justifies disciplinary action. The
investigative committee will be composed of not less than three
members of the board, at least one of whom is a licensed homeopathic
physician.
3. Following an investigation, the investigative committee will
present its evaluation and recommendations to the board. The
board will review the findings of the committee to determine
whether to take further action.
4. If the board determines after investigation that a homeopathic
assistant or advanced practitioner of homeopathy has violated
any of the provisions of this chapter, the board will notify
the attorney general of its findings and any disciplinary action
taken.
5. A member of the board who participates in an investigation
will not participate in the review conducted pursuant to subsection
3 or in a subsequent hearing or action which is related to the
investigation.
6. Before assigning the complaint to an investigative committee
pursuant to subsection 2, the board must provide the supervising
physician and homeopathic assistant or advanced practitioner
of homeopathy, as applicable, with a copy of the complaint.
If the board determines that a complaint is without merit, the
board may provide the supervising physician and homeopathic
assistant or advanced practitioner of homeopathy, as applicable,
with a copy of the complaint, including the name of the person
who filed the complaint.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff 10
25 96; A by R058 00, 12 11 2000)
NAC 630A.580 Procedure for disciplinary
action: Hearing.
1. If the board proceeds with disciplinary action against a
homeopathic assistant or advanced practitioner of homeopathy,
it will set a time and place for a disciplinary hearing. The
board will notify the homeopathic assistant or advanced practitioner
and his supervising homeopathic physician of:
(a) The specific complaint against the homeopathic assistant
or advanced practitioner;
(b) The time and place set for the disciplinary hearing; and
(c) The sanctions which the board may impose for the conduct
in which the homeopathic assistant or advanced practitioner
of homeopathy allegedly engaged.
2. The board will serve the notice required by subsection 1
not less than 20 days before the date set for the disciplinary
hearing, and will serve notice in the manner set forth in NAC
630A.590.
3. During a disciplinary hearing conducted pursuant to this
section:
(a) Formal rules of evidence will not be applied;
(b) Proof of actual injury need not be established; and
(c) The board will consider a certified copy of the record of
a court or a certifying agency showing a conviction or plea
of nolo contendere or the suspension, revocation, limitation,
modification, denial or surrender of a certificate to practice
as a homeopathic assistant or advanced practitioner of homeopathy
as conclusive evidence of its occurrence.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff 10
25 96; A by R105-03, 9-24-2003)
NAC 630A.590 Requirements for
service of notice.
1. The board will cause the notice required by NAC 630A.580
to be made either in person or by registered or certified mail,
return receipt requested, and addressed to the homeopathic assistant
or advanced practitioner of homeopathy and his supervising homeopathic
physician at the last known address of each person. If service
cannot be made in person and if notice by mail is returned undelivered,
the secretary-treasurer of the board will publish notice once
a week for 4 consecutive weeks in a newspaper published in the
county of the last known address of the person, or, if no newspaper
is published in the county, in a newspaper widely distributed
in that county.
2. Proof of service of process or publication of notice made
pursuant to this section will be recorded in the minutes of
the board.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff 10
25 96)
NAC 630A.600 Mental or physical
examination: Circumstances requiring examination; certification
to practice deemed consent to examination; refusal of examination
deemed admission of charge.
1. If the board determines that the conduct of a homeopathic
assistant or advanced practitioner of homeopathy raises a reasonable
question as to his competence to treat a patient with reasonable
skill and safety, it will order him to undergo a mental or physical
examination to test his competence and ability to practice as
a homeopathic assistant or advanced practitioner.
2. A person who is certified by the board to practice as a homeopathic
assistant or advanced practitioner shall be deemed to have consented
to a mental or physical examination.
3. A homeopathic assistant or advanced practitioner who refuses
to undergo a mental or physical examination shall be deemed
to have admitted the charge made against him, and the board
will take disciplinary action against such a person without
further investigation or testimony.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff 10
25 96)
NAC 630A.610 Forms of disciplinary
action; decision of board final; action to prevent unlawful
or unauthorized conduct.
1. If the board determines that a homeopathic assistant or advanced
practitioner of homeopathy has engaged in an activity for which
disciplinary action is authorized pursuant to NAC 630A.560,
the board will issue an order:
(a) Placing him on probation for a specified period of time,
according to any conditions set forth in the order;
(b) Publicly reprimanding him;
(c) Placing a limitation on his certificate;
(d) Suspending his certificate for a specified period of time
or until the board orders his certificate to be reinstated;
or
(e) Revoking his certificate.
2. If the board determines that a homeopathic assistant or advanced
practitioner of homeopathy has engaged in an activity for which
disciplinary action is authorized pursuant to NAC 630A.130,
the board may issue an order imposing an administrative fine
in accordance with NAC 630A.130. If the board determines that
a homeopathic
assistant or advanced practitioner of homeopathy has engaged
in an activity for which disciplinary action is required pursuant
to NAC 630A.130, the board will issue an order imposing an administrative
fine or suspending the certificate of the homeopathic assistant
or advanced practitioner of homeopathy in accordance with NAC
630A.130.
3. An order of the board which limits the ability of a homeopathic
assistant or advanced practitioner of homeopathy to provide
medical services or revokes his certificate is effective from
the date the secretary-treasurer of the board certifies the
order until the date the order is modified or reversed.
4. For the purposes of NRS 233B.130, a decision of the board
pursuant to this section is a final decision.
5. In addition to any other action, if the board determines
that a homeopathic assistant or advanced practitioner of homeopathy
is engaging in unlawful or unauthorized conduct, the board will
take any appropriate action authorized by law to prevent such
conduct.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff 10
25 96; A by R105-03, 9-24-2003)
NAC 630A.620 Requirements
for removal of limitation on or restoration of certificate.
1. A homeopathic assistant or advanced practitioner of homeopathy
whose certificate to practice as a homeopathic assistant or
advanced practitioner has been limited, suspended or revoked
pursuant to NAC 630A.130 or 630A.610 may apply to the board
to remove the limitation or restore his certificate.
2. The applicant has the burden of proving by clear and convincing
evidence that he 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 as a homeopathic assistant or advanced practitioner
with reasonable skill and safety to patients. The board will
not remove a limitation or restore a certificate until it is
satisfied that the applicant has met this burden of proof.
3. In addition to the requirements of subsection 2, a homeopathic
assistant or advanced practitioner whose certificate has been
suspended pursuant to NAC 630A.130 or revoked must submit an
application to the board pursuant to NAC 630A.300 or 630A.400,
respectively, and successfully complete the examination required
of new applicants.
(Added to NAC by Bd. of Homeopathic Medical Exam'rs, eff 10
25 96; A by R105-03, 9-24-2003)
