(REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Bill No. 302–Assemblywoman Giunchigliani

 

March 8, 2001

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Makes various changes relating to practice of Oriental medicine. (BDR 54‑1083)

 

FISCAL NOTE:                     Effect on Local Government: No.

                                    Effect on the State: No.

 

~

 

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 provisions relating to the issuance of a license to practice as a doctor of Oriental medicine; abolishing the license to practice as a doctor of acupuncture and the license for an assistant in acupuncture; 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. Chapter 634A of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3    1.  If a written complaint regarding a licensee is filed with the board,

1-4  the board shall review the complaint. If, from the complaint or from

1-5  other records, it appears that the complaint is not frivolous, the board

1-6  shall transmit the original complaint and any facts or information

1-7  obtained from the review to the attorney general.

1-8    2.  The attorney general shall conduct an investigation of the

1-9  complaint to determine whether it warrants proceedings for the

1-10  modification, suspension or revocation of the license. If the attorney

1-11  general determines that further proceedings are warranted, he shall

1-12  report the results of his investigation and his recommendation to the

1-13  board.

1-14    3.  The board shall promptly make a determination with respect to

1-15  each complaint reported to it by the attorney general. The board shall:

1-16    (a) Dismiss the complaint; or

1-17    (b) Proceed with appropriate disciplinary action.

1-18    Sec. 2. NRS 634A.020 is hereby amended to read as follows:

1-19    634A.020  As used in this chapter, unless the context otherwise

1-20  requires:

2-1    1.  “Acupuncture” means the insertion of needles into the human body

2-2  by piercing the skin of the body to control and regulate the flow and

2-3  balance of energy in the body and to cure, relieve or palliate:

2-4    (a) Any ailment or disease of the mind or body; or

2-5    (b) Any wound, bodily injury or deformity.

2-6    2.  “Board” means the state board of Oriental medicine.

2-7    3.  [“Doctor of acupuncture” means a person licensed under the

2-8  provisions of this chapter to practice acupuncture.

2-9    4.] “Doctor of Oriental medicine” means a person who is licensed

2-10  under the provisions of this chapter to practice as a doctor of Oriental

2-11  medicine.

2-12    [5.] 4. “Herbal medicine” and “practice of herbal medicine” mean

2-13  suggesting, recommending, prescribing or directing the use of herbs for the

2-14  cure, relief or palliation of any ailment or disease of the mind or body, or

2-15  for the cure or relief of any wound, bodily injury or deformity.

2-16    [6.] 5. “Herbs” means plants or parts of plants valued for medicinal

2-17  qualities.

2-18    [7.  “Licensed assistant in acupuncture” means a person who assists in

2-19  the practice of acupuncture under the direct supervision of a person

2-20  licensed under the provisions of this chapter to practice Oriental medicine

2-21  or acupuncture.

2-22    8.] 6. “Oriental medicine” means that system of the healing art which

2-23  places the chief emphasis on the flow and balance of energy in the body

2-24  mechanism as being the most important single factor in maintaining the

2-25  well-being of the organism in health and disease. The term includes the

2-26  practice of acupuncture and herbal medicine and other services approved

2-27  by the board.

2-28    Sec. 3.  NRS 634A.080 is hereby amended to read as follows:

2-29    634A.080  The board shall:

2-30    1.  Hold meetings at least once a year and at any other time at the

2-31  request of the president or the majority of the members;

2-32    2.  Have and use a common seal;

2-33    3.  Deposit in interest-bearing accounts in the State of Nevada all

2-34  [moneys] money received under the provisions of this chapter, which

2-35  [shall] must be used to defray the expenses of the board;

2-36    4.  Establish and maintain a list of accredited schools and colleges of

2-37  Oriental medicine that are approved by the board;

2-38    5.  Operate on the basis of the fiscal year beginning July 1, and ending

2-39  June 30; and

2-40    [5.] 6. Keep a record of its proceedings which [shall] must be open to

2-41  the public at all times and which [shall also] must contain the name and

2-42  business address of every registered licensee in this state.

2-43    Sec. 4. NRS 634A.090 is hereby amended to read as follows:

2-44    634A.090  1.  A school or college of Oriental medicine may be

2-45  established and maintained in this state only if:

2-46    (a) Its establishment is approved by the board; and

2-47    (b) Its curriculum is approved annually by the board for content and

2-48  quality of instruction in accordance with the requirements of this chapter.

3-1    2.  The board may prescribe the [courses] course of study required for

3-2  the [respective degrees of doctor of acupuncture and] degree of doctor of

3-3  Oriental medicine.

3-4    Sec. 5.  NRS 634A.120 is hereby amended to read as follows:

3-5    634A.120  1.  [Examinations must be given at least once a year at a

3-6  time and place fixed by the board.

3-7    2.  Applicants for licenses to practice acupuncture or Oriental medicine

3-8  or to practice as an assistant in acupuncture must be examined in the

3-9  appropriate subjects as determined by the board.] Each applicant for a

3-10  license to practice as a doctor of Oriental medicine must pass:

3-11    (a) An examination in Oriental medicine that is administered by a

3-12  national organization approved by the board; and

3-13    (b) A practical examination approved by the board that tests the

3-14  applicant’s knowledge and understanding of the laws and regulations of

3-15  this state relating to health and safety in the practice of Oriental

3-16  medicine. The board shall contract for the preparation, administration

3-17  and grading of the practical examination.

3-18    2.  Except as otherwise provided in subsection 3, the board shall offer

3-19  the practical examination at least two times each year at a time and place

3-20  established by the board.

3-21    3.  The board may cancel a scheduled practical examination if, within

3-22  60 days before the examination, the board has not received a request to

3-23  take the examination.

3-24    4.  A person who fails the practical examination may retake the

3-25  examination.

3-26    Sec. 6.  NRS 634A.140 is hereby amended to read as follows:

3-27    634A.140  The board shall issue [separate licenses] a license to

3-28  practice [respectively] as a doctor of Oriental medicine [or acupuncture, as

3-29  appropriate, where the applicant:

3-30    1.  Has successfully completed a course of study of:

3-31    (a) Four years in Oriental medicine; or

3-32    (b) Three years in acupuncture,

3-33  at any college or school approved by the board which is located in any

3-34  country, territory, province or state or has qualifications considered

3-35  equivalent by the board;

3-36    2.  Has practiced Oriental medicine, including acupuncture and herbal

3-37  medicine for 6 years; and

3-38    3.  Passes the examination of the board.] to an applicant who:

3-39    1.  Has:

3-40    (a) Successfully completed an accredited 4-year program of study, or

3-41  its equivalent, in Oriental medicine that is approved by the board; and

3-42    (b) Passed the examinations required by NRS 634A.120; or

3-43    2.  Has:

3-44    (a) Successfully completed a 4-year program, or its equivalent, in

3-45  Oriental medicine at a school or college of Oriental medicine that is

3-46  approved by the board;

3-47    (b) Lawfully practiced Oriental medicine in another state or foreign

3-48  country for at least 4 years;

4-1    (c) Passed an investigation of his background and personal history

4-2  conducted by the board; and

4-3    (d) Passed the examinations required by NRS 634A.120.

4-4    Sec. 7. NRS 634A.160 is hereby amended to read as follows:

4-5    634A.160  1.  Every license must be displayed in the office, place of

4-6  business or place of employment of the holder thereof.

4-7    2.  Every person holding a license shall pay to the board on or before

4-8  February 1 of each year, the annual [registration] fee for a license required

4-9  pursuant to subsection 4. The holder of a license shall submit with the

4-10  [registration] fee the statement required pursuant to NRS 634A.115. If the

4-11  holder of a license fails to pay the [registration] fee or submit the

4-12  statement, his license must be suspended. The license may be reinstated by

4-13  payment of the required fee and submission of the statement within 90 days

4-14  after February 1.

4-15    3.  A license which is suspended for more than 3 months under the

4-16  provisions of subsection 2 may be canceled by the board after 30 days’

4-17  notice to the holder of the license.

4-18    4.  The annual [registration fees] fee for a license must be prescribed

4-19  annually by the board and must not exceed $1,000.

4-20    Sec. 8. NRS 634A.167 is hereby amended to read as follows:

4-21    634A.167  1.  To renew a license issued pursuant to this chapter, each

4-22  person must, on or before February 1 of each year:

4-23    (a) Apply to the board for renewal;

4-24    (b) Submit the statement required pursuant to NRS 634A.115;

4-25    (c) Pay the annual fee for [registration] a license prescribed by the

4-26  board; and

4-27    (d) Submit evidence to the board of his completion of the requirements

4-28  for continuing education.

4-29    2.  The board shall, as a prerequisite for the renewal or reinstatement of

4-30  a license, require each holder of a license to comply with the requirements

4-31  for continuing education adopted by the board.

4-32    Sec. 9. NRS 634A.170 is hereby amended to read as follows:

4-33    634A.170  The board may refuse to issue or may suspend or revoke

4-34  any license for any one or any combination of the following causes:

4-35    1.  Conviction of:

4-36    (a) A felony;

4-37    (b) Any offense involving moral turpitude;

4-38    (c) A violation of any state or federal law regulating the possession,

4-39  distribution or use of any controlled substance, as shown by a certified

4-40  copy of the record of the court; or

4-41    (d) A violation of any of the provisions of NRS 616D.200, 616D.220,

4-42  616D.240 or 616D.300 to 616D.440, inclusive;

4-43    2.  The obtaining of or any attempt to obtain a license or practice in the

4-44  profession for money or any other thing of value, by fraudulent

4-45  misrepresentations;

4-46    3.  Gross or repeated malpractice, which may be evidenced by claims

4-47  of malpractice settled against a practitioner;

4-48    4.  Advertising by means of a knowingly false or deceptive statement;

5-1    5.  Advertising, practicing or attempting to practice under a name other

5-2  than one’s own;

5-3    6.  Habitual drunkenness or habitual addiction to the use of a controlled

5-4  substance;

5-5    7.  Using any false, fraudulent or forged statement or document, or

5-6  engaging in any fraudulent, deceitful, dishonest or immoral practice in

5-7  connection with the licensing requirements of this chapter;

5-8    8.  Sustaining a physical or mental disability which renders further

5-9  practice dangerous;

5-10    9.  Engaging in any dishonorable, unethical or unprofessional conduct

5-11  which may deceive, defraud or harm the public, or which is unbecoming a

5-12  person licensed to practice under this chapter;

5-13    10.  Using any false or fraudulent statement in connection with the

5-14  practice of Oriental medicine or any branch thereof;

5-15    11.  Violating or attempting to violate, or assisting or abetting the

5-16  violation of, or conspiring to violate any provision of this chapter;

5-17    12.  Being adjudicated incompetent or insane;

5-18    13.  Advertising in an unethical or unprofessional manner;

5-19    14.  Obtaining a fee or financial benefit for any person by the use of

5-20  fraudulent diagnosis, therapy or treatment;

5-21    15.  Willful disclosure of a privileged communication;

5-22    16.  Failure of a licensee to designate the nature of his practice in the

5-23  professional use of his name by the term doctor of Oriental medicine ; [,

5-24  doctor of acupuncture or acupuncture assistant, as the case may be;]

5-25    17.  Willful violation of the law relating to the health, safety or welfare

5-26  of the public or of the regulations adopted by the state board of health;

5-27    18.  Administering, dispensing or prescribing any controlled substance,

5-28  except for the prevention, alleviation or cure of disease or for relief from

5-29  suffering; and

5-30    19.  Performing, assisting or advising in the injection of any liquid

5-31  silicone substance into the human body.

5-32    Sec. 10.  NRS 634A.190 is hereby amended to read as follows:

5-33    634A.190  1.  Persons licensed pursuant to this chapter are not subject

5-34  to the provisions of chapter 630 of NRS.

5-35    2.  A person who is licensed pursuant to this chapter to practice as a

5-36  doctor of Oriental medicine may refer to himself as a physician of Oriental

5-37  medicine.

5-38    Sec. 11. NRS 634A.210 is hereby amended to read as follows:

5-39    634A.210  Doctors of Oriental medicine [and doctors of acupuncture]

5-40  shall observe and are subject to all state and municipal regulations relative

5-41  to reporting all births and deaths in all matters pertaining to the public

5-42  health.

5-43    Sec. 12. NRS 41A.097 is hereby amended to read as follows:

5-44    41A.097  1.  Except as otherwise provided in subsection 2, an action

5-45  for injury or death against a provider of health care may not be commenced

5-46  more than 4 years after the date of injury or 2 years after the plaintiff

5-47  discovers or through the use of reasonable diligence should have

5-48  discovered the injury, whichever occurs first, for:

6-1    (a) Injury to or the wrongful death of a person, based upon alleged

6-2  professional negligence of the provider of health care;

6-3    (b) Injury to or the wrongful death of a person from professional

6-4  services rendered without consent; or

6-5    (c) Injury to or the wrongful death of a person from error or omission in

6-6  practice by the provider of health care.

6-7    2.  This time limitation is tolled:

6-8    (a) For any period during which the provider of health care has

6-9  concealed any act, error or omission upon which the action is based and

6-10  which is known or through the use of reasonable diligence should have

6-11  been known to him.

6-12    (b) In any action governed by the provisions of NRS 41A.003 to

6-13  41A.069, inclusive, from the date a claimant files a complaint for review

6-14  by a screening panel until 30 days after the date the panel notifies the

6-15  claimant, in writing, of its findings. The provisions of this paragraph apply

6-16  to an action against the provider of health care and to an action against any

6-17  person, government or political subdivision of a government who is alleged

6-18  by the claimant to be liable vicariously for the medical or dental

6-19  malpractice of the provider of health care, if the provider, person,

6-20  government or political subdivision has received notice of the filing of a

6-21  complaint for review by a screening panel within the limitation of time

6-22  provided in subsection 1.

6-23    3.  For the purposes of this section, the parent, guardian or legal

6-24  custodian of any minor child is responsible for exercising reasonable

6-25  judgment in determining whether to prosecute any cause of action limited

6-26  by subsection 1. If the parent, guardian or custodian fails to commence an

6-27  action on behalf of that child within the prescribed period of limitations,

6-28  the child may not bring an action based on the same alleged injury against

6-29  any provider of health care upon the removal of his disability, except that

6-30  in the case of:

6-31    (a) Brain damage or birth defect, the period of limitation is extended

6-32  until the child attains 10 years of age.

6-33    (b) Sterility, the period of limitation is extended until 2 years after the

6-34  child discovers the injury.

6-35    4.  As used in this section, “provider of health care” means a physician

6-36  licensed under chapter 630 or 633 of NRS, dentist, registered nurse,

6-37  dispensing optician, optometrist, registered physical therapist, podiatric

6-38  physician, licensed psychologist, chiropractor, doctor of Oriental medicine,

6-39  [doctor of acupuncture,] medical laboratory director or technician, or a

6-40  licensed hospital as the employer of any such person.

6-41    Sec. 13. NRS 202.2491 is hereby amended to read as follows:

6-42    202.2491  1.  Except as otherwise provided in subsections 5 and 6 and

6-43  NRS 202.24915, the smoking of tobacco in any form is prohibited if done

6-44  in any:

6-45    (a) Public elevator.

6-46    (b) Public building.

6-47    (c) Public waiting room, lobby or hallway of any:

6-48      (1) Medical facility or facility for the dependent as defined in chapter

6-49  449 of NRS; or

7-1       (2) Office of any chiropractor, dentist, physical therapist, physician,

7-2  podiatric physician, psychologist, optician, optometrist [,] or doctor of

7-3  Oriental medicine . [or doctor of acupuncture.]

7-4    (d) Hotel or motel when so designated by the operator thereof.

7-5    (e) Public area of a store principally devoted to the sale of food for

7-6  human consumption off the premises.

7-7    (f) Child care facility.

7-8    (g) Bus used by the general public, other than a chartered bus, or in any

7-9  maintenance facility or office associated with a bus system operated by any

7-10  regional transportation commission.

7-11    (h) School bus.

7-12    2.  The person in control of an area listed in paragraph (c), (d), (e), (f)

7-13  or (g) of subsection 1:

7-14    (a) Shall post in the area signs prohibiting smoking in any place not

7-15  designated for that purpose as provided in paragraph (b).

7-16    (b) May designate separate rooms or portions of the area which may be

7-17  used for smoking, except for a room or portion of the area of a store

7-18  described in paragraph (e) of subsection 1 if the room or portion of the

7-19  area:

7-20      (1) Is leased to or operated by a person licensed pursuant to NRS

7-21  463.160; and

7-22      (2) Does not otherwise qualify for an exemption set forth in NRS

7-23  202.24915.

7-24    3.  The person in control of a public building:

7-25    (a) Shall post in the area signs prohibiting smoking in any place not

7-26  designated for that purpose as provided in paragraph (b).

7-27    (b) Shall, except as otherwise provided in this subsection, designate a

7-28  separate area which may be used for smoking.

7-29  A school district which prohibits the use of tobacco by pupils need not

7-30  designate an area which may be used by the pupils to smoke.

7-31    4.  The operator of a restaurant with a seating capacity of 50 or more

7-32  shall maintain a flexible nonsmoking area within the restaurant and offer

7-33  each patron the opportunity to be seated in a smoking or nonsmoking area.

7-34    5.  A business which derives more than 50 percent of its gross receipts

7-35  from the sale of alcoholic beverages or 50 percent of its gross receipts from

7-36  gaming operations may be designated as a smoking area in its entirety by

7-37  the operator of the business.

7-38    6.  The smoking of tobacco is not prohibited in:

7-39    (a) Any room or area designated for smoking pursuant to paragraph (b)

7-40  of subsection 2 or paragraph (b) of subsection 3.

7-41    (b) A licensed gaming establishment. A licensed gaming establishment

7-42  may designate separate rooms or areas within the establishment which may

7-43  or may not be used for smoking.

7-44    7.  The person in control of a child care facility shall not allow children

7-45  in any room or area he designates for smoking pursuant to paragraph (b) of

7-46  subsection 2. Any such room or area must be sufficiently separate or

7-47  ventilated so that there are no irritating or toxic effects of smoke in the

7-48  other areas of the facility.

7-49    8.  As used in this section:

8-1    (a) “Child care facility” means an establishment licensed pursuant to

8-2  chapter 432A of NRS to provide care for 13 or more children.

8-3    (b) “Licensed gaming establishment” has the meaning ascribed to it in

8-4  NRS 463.0169.

8-5    (c) “Public building” means any building or office space owned or

8-6  occupied by:

8-7       (1) Any component of the University and Community College

8-8  System of Nevada and used for any purpose related to the system.

8-9       (2) The State of Nevada and used for any public purpose, other than

8-10  that used by the department of prisons to house or provide other services to

8-11  offenders.

8-12      (3) Any county, city, school district or other political subdivision of

8-13  the state and used for any public purpose.

8-14  If only part of a building is owned or occupied by an entity described in

8-15  this paragraph, the term means only that portion of the building which is so

8-16  owned or occupied.

8-17    (d) “School bus” has the meaning ascribed to it in NRS 483.160.

8-18    Sec. 14. NRS 634A.150 is hereby repealed.

8-19    Sec. 15. A person who submits an application to the state board of

8-20  Oriental medicine for a license to practice as a doctor of Oriental medicine

8-21  before January 1, 2002, is not required to comply with the requirement set

8-22  forth in paragraph (a) of subsection 1 of NRS 634A.120 if he has passed an

8-23  examination in Oriental medicine administered by a national organization

8-24  after June 30, 1999, and before the effective date of this act.

8-25    Sec. 16. Notwithstanding the provisions of NRS 634A.140, the state

8-26  board of Oriental medicine shall issue a license to practice as a doctor of

8-27  Oriental medicine to any person who, on the effective date of this act,

8-28  holds a license as an assistant in acupuncture or a license to practice as a

8-29  doctor of acupuncture issued by the board if he submits an application and

8-30  the fee for the issuance of the license to the board before January 1, 2002.

8-31    Sec. 17. This act becomes effective upon passage and approval.

 

8-32  TEXT OF REPEALED SECTION

 

8-33     634A.150  Issuance of license as assistant in acupuncture. The

8-34   board shall issue a license for an assistant in acupuncture where the

8-35   applicant:

8-36    1.  Has successfully completed a course of study in acupuncture in any

8-37   college or school approved by the board which is located in any country,

8-38   territory, province or state requiring an attendance of 3 years or other

8-39   qualifications deemed by the board to be equivalent to the course of study;

8-40   and

8-41    2.  Passes the examination of the board for assistant in acupuncture or

8-42   has other qualifications deemed by the board to be the equivalent.

 

8-43  H