Assembly Bill No. 302–Assemblywoman Giunchigliani

 

March 8, 2001

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Makes various changes to licensure requirements for professionals in Oriental medicine. (BDR 54‑1083)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to Oriental medicine; revising the requirements for licensure as a doctor of acupuncture or a doctor of Oriental medicine; revising the requirements for licensure as an assistant in acupuncture or an assistant in 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.  “Assistant in acupuncture” means a person who assists in the

1-10  practice of acupuncture under the direct supervision of a doctor of

1-11  acupuncture.

1-12    3.  “Assistant in Oriental medicine” means a person who assists in

1-13  the practice of Oriental medicine under the direct supervision of a doctor

1-14  of Oriental medicine.

1-15    4.  “Board” means the state board of Oriental medicine.

1-16    [3.] 5.  “Doctor of acupuncture” means a person licensed under the

1-17  provisions of this chapter to practice as a doctor of acupuncture.

1-18    [4.] 6.  “Doctor of Oriental medicine” means a person who is licensed

1-19  under the provisions of this chapter to practice as a doctor of Oriental

1-20  medicine.

1-21    [5.] 7.  “Herbal medicine” and “practice of herbal medicine” mean

1-22  suggesting, recommending, prescribing or directing the use of herbs for the

2-1  cure, relief or palliation of any ailment or disease of the mind or body, or

2-2  for the cure or relief of any wound, bodily injury or deformity.

2-3    [6.] 8.  “Herbs” means plants or parts of plants valued for medicinal

2-4  qualities.

2-5    [7.  “Licensed assistant in acupuncture” means a person who assists in

2-6  the practice of acupuncture under the direct supervision of a person

2-7  licensed under the provisions of this chapter to practice Oriental medicine

2-8  or acupuncture.

2-9    8.] 9.  “Oriental medicine” means that system of the healing art which

2-10  places the chief emphasis on the flow and balance of energy in the body

2-11  mechanism as being the most important single factor in maintaining the

2-12  well-being of the organism in health and disease. The term includes the

2-13  practice of acupuncture and herbal medicine and other services approved

2-14  by the board.

2-15    Sec. 2.  NRS 634A.080 is hereby amended to read as follows:

2-16    634A.080  The board shall:

2-17    1.  Hold meetings at least once a year and at any other time at the

2-18  request of the president or the majority of the members;

2-19    2.  Have and use a common seal;

2-20    3.  Deposit in interest-bearing accounts in the State of Nevada all

2-21  [moneys] money received under the provisions of this chapter, which

2-22  [shall] must be used to defray the expenses of the board;

2-23    4.  Investigate the background of each applicant for a license

2-24  pursuant to this chapter;

2-25    5.  Operate on the basis of the fiscal year beginning July 1, and ending

2-26  June 30; and

2-27    [5.] 6. Keep a record of its proceedings which [shall] must be open to

2-28  the public at all times and which [shall also] must contain the name and

2-29  business address of every registered licensee in this state.

2-30    Sec. 3.  NRS 634A.120 is hereby amended to read as follows:

2-31    634A.120  1.  Examinations must be given at least once a year at a

2-32  time and place fixed by the board.

2-33    2.  Applicants for licenses to practice as a doctor of acupuncture or

2-34  Oriental medicine or to practice as an assistant in acupuncture or Oriental

2-35  medicine must be examined in the appropriate subjects as determined by

2-36  the board.

2-37    Sec. 4.  NRS 634A.140 is hereby amended to read as follows:

2-38    634A.140  1.  The board shall issue [separate licenses] a license to

2-39  practice [respectively] as a doctor of Oriental medicine [or acupuncture, as

2-40  appropriate, where the applicant:

2-41    1.  Has successfully completed a course of study of:

2-42    (a) Four years in Oriental medicine; or

2-43    (b) Three years in acupuncture,

2-44  at any college or school approved by the board which is located in any

2-45  country, territory, province or state or has qualifications considered

2-46  equivalent by the board;

2-47    2.  Has practiced Oriental medicine, including acupuncture and herbal

2-48  medicine for 6 years; and

3-1    3.  Passes] to an applicant who passes a background investigation

3-2  conducted by the board and who, except as otherwise provided in

3-3  subsection 3, proves to the satisfaction of the board that the applicant

3-4  has:

3-5    (a) Earned an undergraduate degree from an accredited college or

3-6  university in the United States;

3-7    (b) After earning an undergraduate degree, successfully completed 4

3-8  years of study in Oriental medicine at a school or college of Oriental

3-9  medicine that is approved by the board;

3-10    (c) Passed the examination of the board[.] ; and

3-11    (d) Practiced Oriental medicine for at least 4 years.

3-12    2.  The board shall issue a license to practice as a doctor of

3-13  acupuncture to an applicant who passes a background investigation

3-14  conducted by the board and who proves to the satisfaction of the board

3-15  that the applicant has:

3-16    (a) Earned an undergraduate degree from an accredited college or

3-17  university in the United States;

3-18    (b) After earning an undergraduate degree, successfully completed 3

3-19  years of study in acupuncture at a school or college of Oriental medicine

3-20  that is approved by the board;

3-21    (c) Passed the examination of the board; and

3-22    (d) Practiced acupuncture for at least 4 years.

3-23    3.  In lieu of completing the requirements of paragraphs (a) and (b)

3-24  of subsection 1, to qualify for a license to practice as a doctor of Oriental

3-25  medicine, an applicant may prove to the satisfaction of the board that he

3-26  has earned a doctorate degree in Oriental medicine from an accredited

3-27  college or university of Oriental medicine in a country other than the

3-28  United States.

3-29    Sec. 5.  NRS 634A.150 is hereby amended to read as follows:

3-30    634A.150  1.  The board shall issue a license to practice as an

3-31  assistant in Oriental medicine to an applicant who:

3-32    (a) Passes a background investigation conducted by the board; and

3-33    (b) Satisfies the requirements of paragraphs (a) to (c), inclusive, of

3-34  subsection 1 of NRS 634A.140 or satisfies the requirements of paragraph

3-35  (c) of subsection 1 of NRS 634A.140 and subsection 3 of that section.

3-36    2.  The board shall issue a license [for] to practice as an assistant in

3-37  acupuncture [where the applicant:

3-38    1.  Has successfully completed a course of study in acupuncture in any

3-39  college or school approved by the board which is located in any country,

3-40  territory, province or state requiring an attendance of 3 years or other

3-41  qualifications deemed by the board to be equivalent to the course of study;

3-42  and

3-43    2.  Passes the examination of the board for assistant in acupuncture or

3-44  has other qualifications deemed by the board to be the equivalent.] to an

3-45  applicant who:

3-46    (a) Passes a background investigation conducted by the board; and

3-47    (b) Satisfies the requirements of paragraphs (a) to (c), inclusive, of

3-48  subsection 2 of NRS 634A.140.

 

4-1    Sec. 6.  NRS 634A.190 is hereby amended to read as follows:

4-2    634A.190  1.  Persons licensed pursuant to this chapter are not subject

4-3  to the provisions of chapter 630 of NRS.

4-4    2.  A person who is licensed pursuant to this chapter to practice as a

4-5  doctor of Oriental medicine may refer to himself as a physician of Oriental

4-6  medicine.

4-7    Sec. 7.  The amendatory provisions of this act apply only to licenses

4-8  issued by the state board of Oriental medicine on or after October 1, 2001.

 

4-9  H