(REPRINTED WITH ADOPTED AMENDMENTS)
SECOND REPRINT S.B. 405
Senate Bill No. 405–Committee on Human
Resources and Facilities
March 19, 2001
____________
Referred to Committee on Commerce and Labor
SUMMARY—Makes various changes relating to practice of podiatry. (BDR 54‑38)
FISCAL NOTE: Effect on Local Government: 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 podiatry; authorizing a podiatric physician who is licensed by the state board of podiatry to amputate toes under certain circumstances; prohibiting a county hospital from denying a podiatric physician admission to the staff of the hospital under certain circumstances; 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 635.085 is hereby amended to read as follows:
1-2 635.085 1. Except as otherwise provided in subsection 2, a podiatric
1-3 physician licensed by the board may:
1-4 (a) Administer electricity to the foot or leg by means including
1-5 electrodes, machinery and rays.
1-6 (b) Use his hands and machinery to work upon the foot or leg and its
1-7 articulations.
1-8 (c) Apply any mechanical appliance to the foot or leg or in the shoe to
1-9 treat any disease, deformity or ailment.
1-10 (d) Apply pads, adhesives, felt, plasters and any medicine to the foot
1-11 and leg.
1-12 (e) Prescribe and dispense controlled substances and dangerous drugs.
1-13 (f) Construct models of the feet.
1-14 (g) Administer a local anesthetic.
1-15 (h) Use any cutting instrument to treat a disease, ailment or condition.
1-16 (i) Treat the effects of a systemic disease upon the foot or leg.
1-17 (j) Amputate a toe if he:
1-18 (1) Performs the amputation in a hospital as defined in NRS
1-19 449.012 or a surgical center for ambulatory patients as defined in NRS
1-20 449.019;
2-1 (2) Is authorized by the hospital or surgical center to perform the
2-2 amputation;
2-3 (3) Has completed a program of surgical training as a resident and
2-4 provides proof satisfactory to the hospital or surgical center of his
2-5 completion of the program;
2-6 (4) Complies with any other requirements established by the
2-7 hospital or surgical center; and
2-8 (5) Performs the amputation in accordance with the standard of
2-9 care required for a physician licensed pursuant to chapter 630, 630A or
2-10 633 of NRS.
2-11 2. A podiatric physician shall not:
2-12 (a) Treat any other effect of a systemic disease unless the disease
2-13 originates in the foot or leg.
2-14 (b) Amputate a leg[, foot or toe.] or foot.
2-15 Sec. 2. NRS 450.006 is hereby amended to read as follows:
2-16 450.006 “Allied health profession” means:
2-17 1. Psychology as defined in chapter 641 of NRS; or
2-18 2. [Podiatry as defined in chapter 635 of NRS; or
2-19 3.] Oriental medicine or acupuncture as defined in chapter 634A of
2-20 NRS.
2-21 Sec. 3. NRS 450.430 is hereby amended to read as follows:
2-22 450.430 1. In the management of the public hospital, no
2-23 discrimination may be made against physicians , podiatric physicians or
2-24 dentists licensed under the laws of [Nevada or duly] this state or licensed
2-25 practitioners of the allied health professions, and all such physicians,
2-26 dentists , podiatric physicians and practitioners have privileges in treating
2-27 patients in the hospital in accordance with their training and ability, except
2-28 that practitioners of the allied health professions may not be members of
2-29 the staff of physicians described in NRS 450.440. Practitioners of the allied
2-30 health professions are subject to the bylaws and regulations established by
2-31 the board of hospital trustees.
2-32 2. The patient has the right to employ, at his own expense, his own
2-33 physician, if [such] that physician is a member of the hospital staff, or his
2-34 own nurse, and when acting for any patient in [such] the hospital , the
2-35 physician employed by [such] the patient has charge of the care and
2-36 treatment of the patient , [;] and the nurses [therein are as to such patient
2-37 subject to] in the hospital shall comply with the directions of [such
2-38 physician, subject always to the general] the physician concerning that
2-39 patient, subject to the regulations established by the board of hospital
2-40 trustees.
2-41 Sec. 4. NRS 450.440 is hereby amended to read as follows:
2-42 450.440 1. The board of hospital trustees shall organize a staff of
2-43 physicians composed of [every] each regular practicing physician ,
2-44 podiatric physician and dentist in the county in which the hospital is
2-45 located who requests staff membership and meets the standards [fixed by]
2-46 set forth in the regulations [laid down] prescribed by the board of hospital
2-47 trustees.
2-48 2. The staff shall organize in a manner prescribed by the board so that
2-49 there is a rotation of service among the members of the staff to give proper
3-1 medical and surgical attention and service to the indigent sick, injured or
3-2 maimed who may be admitted to the hospital for treatment.
3-3 3. No member of the staff [nor] or any other physician who attends an
3-4 indigent patient may receive any compensation for his services except as
3-5 otherwise provided in NRS 450.180 or to the extent that the medical care is
3-6 paid for by any governmental authority or any private medical care
3-7 program.
3-8 4. The board of hospital trustees or the board of county commissioners
3-9 may offer the following assistance to members of the staff [in order] to
3-10 attract and retain them:
3-11 (a) Establishment of clinic or group practice;
3-12 (b) Malpractice insurance coverage under the hospital’s policy of
3-13 professional liability insurance;
3-14 (c) Professional fee billing; and
3-15 (d) The opportunity to rent office space in facilities owned or operated
3-16 by the hospital, as the space is available, if this opportunity is offered to all
3-17 members of the staff on the same terms and conditions.
3-18 H