Assembly Bill No. 114–Committee on Commerce and Labor

(On Behalf of Board of Oriental Medicine)

February 4, 1999

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Referred to Committee on Commerce and Labor

 

SUMMARY—Makes various changes to provisions governing practice of Oriental medicine. (BDR 54-643)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to Oriental medicine; authorizing the governor to remove a member of the state board of Oriental medicine under certain circumstances; revising the qualifications for licensure to practice Oriental medicine or to practice as a licensed assistant; increasing the penalty for the unlicensed practice of Oriental medicine; expanding the definition of "physician" to include doctor of Oriental medicine; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 634A.020 is hereby amended to read as follows:

1-2 634A.020 As used in this chapter, unless the context otherwise

1-3 requires:

1-4 1. "Acupuncture" means the insertion of needles into the human body

1-5 by piercing the skin of the body to control and regulate the flow and

1-6 balance of energy in the body and to cure, relieve or palliate:

1-7 (a) Any ailment or disease of the mind or body; or

1-8 (b) Any wound, bodily injury or deformity.

1-9 2. "Board" means the state board of Oriental medicine.

1-10 3. "Doctor of acupuncture" means a person licensed under the

1-11 provisions of this chapter to practice acupuncture.

1-12 4. "Doctor of Oriental medicine" means a person who is licensed

1-13 under the provisions of this chapter to practice Oriental medicine.

2-1 5. "Gross malpractice" means malpractice where the failure to

2-2 exercise the requisite degree of care, diligence or skill consists of

2-3 ministering to a patient while the doctor of Oriental medicine is under

2-4 the influence of alcohol or a controlled substance.

2-5 6. "Herbal medicine" and "practice of herbal medicine" mean

2-6 suggesting, recommending, prescribing , combining, preparing or

2-7 directing the use of herbs for the cure, relief or palliation of any ailment or

2-8 disease of the mind or body, or for the cure or relief of any wound, bodily

2-9 injury or deformity.

2-10 [6. "Herbs" means]

2-11 7. "Herbs" includes plants or parts of plants valued for medicinal

2-12 qualities.

2-13 [7. "Licensed assistant in acupuncture"]

2-14 8. "Incompetent" means a lack of ability safely and skillfully to

2-15 practice as a doctor of Oriental medicine or licensed assistant arising

2-16 from:

2-17 (a) Lack of knowledge or training; or

2-18 (b) Impaired physical or mental capability, including, without

2-19 limitation, the habitual use of alcohol or addiction to a controlled

2-20 substance.

2-21 9. "Licensed assistant" means a person who assists in the practice of

2-22 acupuncture or Oriental medicine under the direct supervision of a person

2-23 licensed under the provisions of this chapter to practice Oriental medicine

2-24 or acupuncture.

2-25 [8.] 10. "Malpractice" means failure on the part of a doctor of

2-26 Oriental medicine to exercise the degree of care, diligence and skill

2-27 ordinarily exercised by doctors of Oriental medicine in good standing in

2-28 the community in which he practices.

2-29 11. "Negligence" means a deviation from the normal standard of

2-30 professional care exercised by doctors of Oriental medicine or licensed

2-31 assistants.

2-32 12. "Oriental medicine" means that system of the healing art which

2-33 places the chief emphasis on the flow and balance of energy in the body

2-34 mechanism as being the most important single factor in maintaining the

2-35 well-being of the organism in health and disease. The term includes the

2-36 practice of acupuncture and herbal medicine and other services approved

2-37 by the board.

2-38 Sec. 2. NRS 634A.030 is hereby amended to read as follows:

2-39 634A.030 1. The state board of Oriental medicine, consisting of five

2-40 members appointed by the governor, is hereby created.

2-41 2. The governor shall appoint to the board:

2-42 (a) Three members who are licensed pursuant to this chapter.

2-43 (b) Two members who are representatives of the general public.

3-1 3. Each member of the board shall, before entering upon the duties of

3-2 his office, take the oath of office prescribed by the constitution before

3-3 someone qualified to administer oaths.

3-4 4. The governor may remove a member of the board for misconduct

3-5 in office, incompetence, neglect of duty or any other good cause.

3-6 Sec. 3. NRS 634A.060 is hereby amended to read as follows:

3-7 634A.060 The board shall annually elect from its members a president,

3-8 vice president and secretary-treasurer . [, and may fix and pay a salary to

3-9 the secretary-treasurer.]

3-10 Sec. 4. NRS 634A.120 is hereby amended to read as follows:

3-11 634A.120 1. Examinations must be given at least once a year at a

3-12 time and place fixed by the board.

3-13 2. Applicants for licenses to practice acupuncture or Oriental medicine

3-14 or to practice as [an assistant in acupuncture] a licensed assistant must be

3-15 examined in the appropriate subjects as determined by the board.

3-16 Sec. 5. NRS 634A.140 is hereby amended to read as follows:

3-17 634A.140 The board shall issue separate licenses to practice

3-18 respectively Oriental medicine or acupuncture, as appropriate, [where] if

3-19 the applicant:

3-20 1. Has [successfully completed a course of study of:

3-21 (a) Four years in Oriental medicine; or

3-22 (b) Three years in acupuncture,] :

3-23 (a) An undergraduate degree from an accredited university, or, if the

3-24 applicant graduated from a college or university located in a foreign

3-25 country, a degree of doctor of Oriental medicine from an accredited

3-26 college or university of Oriental medicine in that country; and

3-27 (b) Completed 4 additional years of study in Oriental medicine for a

3-28 license to practice Oriental medicine, or 3 additional years of study in

3-29 acupuncture for a license to practice acupuncture, at any college or

3-30 school approved by the board which is located in any country, territory,

3-31 province or state ; [or has qualifications considered equivalent by the

3-32 board;]

3-33 2. Has practiced Oriental medicine [, including acupuncture and herbal

3-34 medicine for 6 years; and] or acupuncture, or practiced as a licensed

3-35 assistant, for 4 years;

3-36 3. Passes the examination of the board [.] ; and

3-37 4. Is found to be qualified for licensure after the board conducts an

3-38 investigation of the applicant’s background.

3-39 Sec. 6. NRS 634A.150 is hereby amended to read as follows:

3-40 634A.150 The board shall issue a license [for an assistant in

3-41 acupuncture where] to practice as a licensed assistant if the applicant:

3-42 1. Has successfully completed a course of study in Oriental medicine

3-43 or acupuncture in any college or school approved by the board which is

4-1 located in any country, territory, province or state requiring an attendance

4-2 of 3 years ; [or other qualifications deemed by the board to be equivalent

4-3 to the course of study;] and

4-4 2. Passes the examination of the board for a licensed assistant . [in

4-5 acupuncture or has other qualifications deemed by the board to be the

4-6 equivalent.]

4-7 Sec. 7. NRS 634A.170 is hereby amended to read as follows:

4-8 634A.170 The board may refuse to issue or may suspend or revoke

4-9 any license for any one or any combination of the following causes:

4-10 1. Conviction of:

4-11 (a) A felony;

4-12 (b) Any offense involving moral turpitude;

4-13 (c) A violation of any state or federal law regulating the possession,

4-14 distribution or use of any controlled substance, as shown by a certified

4-15 copy of the record of the court; or

4-16 (d) A violation of any of the provisions of NRS 616D.200, 616D.220,

4-17 616D.240 or 616D.300 to 616D.440, inclusive;

4-18 2. [The obtaining of or any attempt] Obtaining or attempting to obtain

4-19 a license or [practice] practicing or attempting to practice in the

4-20 profession for money or any other thing of value, by fraudulent

4-21 misrepresentations;

4-22 3. Gross or repeated malpractice, which may be evidenced by claims

4-23 of malpractice settled against a practitioner;

4-24 4. Advertising by means of a knowingly false or deceptive statement;

4-25 5. Advertising, practicing or attempting to practice under a name other

4-26 than one’s own;

4-27 6. Habitual drunkenness or habitual addiction to the use of a controlled

4-28 substance;

4-29 7. Using any false, fraudulent or forged statement or document, or

4-30 engaging in any fraudulent, deceitful, dishonest or immoral practice in

4-31 connection with the licensing requirements of this chapter;

4-32 8. Sustaining a physical or mental disability which renders further

4-33 practice dangerous;

4-34 9. Engaging in any dishonorable, unethical or unprofessional conduct

4-35 which may deceive, defraud or harm the public, or which is unbecoming a

4-36 person licensed to practice under this chapter;

4-37 10. Using any false or fraudulent statement in connection with the

4-38 practice of Oriental medicine or any branch thereof;

4-39 11. Violating or attempting to violate, or assisting or abetting the

4-40 violation of, or conspiring to violate any provision of this chapter;

4-41 12. [Being adjudicated incompetent or insane;] Incompetence,

4-42 insanity or negligence;

5-1 13. Advertising in an unethical or unprofessional manner;

5-2 14. Obtaining a fee or financial benefit for any person by the use of

5-3 fraudulent diagnosis, therapy or treatment;

5-4 15. Willful disclosure of a privileged communication;

5-5 16. Failure of a licensee to designate the nature of his practice in the

5-6 professional use of his name by the term doctor of Oriental medicine,

5-7 doctor of acupuncture or [acupuncture] licensed assistant, as the case may

5-8 be;

5-9 17. Willful violation of the law relating to the health, safety or welfare

5-10 of the public or of the regulations adopted by the state board of health;

5-11 18. Administering, dispensing or prescribing any controlled substance,

5-12 except for the prevention, alleviation or cure of disease or for relief from

5-13 suffering; and

5-14 19. Performing, assisting or advising in the injection of any liquid

5-15 silicone substance into the human body.

5-16 Sec. 8. NRS 634A.190 is hereby amended to read as follows:

5-17 634A.190 1. Persons licensed pursuant to this chapter are not subject

5-18 to the provisions of chapter 630 of NRS.

5-19 2. A person who is licensed pursuant to this chapter to practice

5-20 Oriental medicine may refer to himself as a [physician] doctor of Oriental

5-21 medicine.

5-22 Sec. 9. NRS 634A.200 is hereby amended to read as follows:

5-23 634A.200 1. This chapter does not apply to doctors of Oriental

5-24 [physicians] medicine who are called into this state for consultation.

5-25 2. This chapter does not prohibit:

5-26 (a) Gratuitous services of druggists or other persons in cases of

5-27 emergency.

5-28 (b) The domestic administration of family remedies.

5-29 (c) Any person from assisting any person in the practice of the healing

5-30 arts licensed under this chapter, except that such person may not insert

5-31 needles into the skin or prescribe herbal medicine.

5-32 Sec. 10. NRS 634A.230 is hereby amended to read as follows:

5-33 634A.230 Any person who represents himself as a practitioner of

5-34 Oriental medicine, or any branch thereof, or who engages in the practice of

5-35 Oriental medicine, or any branch thereof, in this state without holding a

5-36 valid license issued by the board is guilty of a [gross misdemeanor.]

5-37 category D felony and shall be punished as provided in NRS 193.130.

5-38 Sec. 11. NRS 0.040 is hereby amended to read as follows:

5-39 0.040 1. Except as otherwise provided in subsection 2, "physician"

5-40 means a person who engages in the practice of medicine, including

5-41 Oriental medicine, osteopathy and homeopathy.

6-1 2. The terms "physician," "osteopathic physician," "homeopathic

6-2 physician," "chiropractic [physician"] physician," "doctor of Oriental

6-3 medicine" and "podiatric physician" are used in chapters 630, 630A, 633,

6-4 634 , 634A and 635 of NRS in the limited senses prescribed by those

6-5 chapters respectively.

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