Senate Bill No. 506–Committee on Commerce and Labor

 

(On Behalf of Board of Homeopathic Medical Examiners)

 

March 26, 2001

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Makes various changes relating to practice of homeopathic medicine. (BDR 54‑619)

 

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 homeopathic medicine; requiring a person regulated by the board of homeopathic medical examiners and his insurer to report to the board any claim for malpractice or negligence and the disposition thereof; revising the requirements for the restoration of a license or certificate under certain circumstances; requiring suspension of a license or certificate 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. Chapter 630A of NRS is hereby amended by adding

1-2  thereto the provisions set forth as sections 2, 3 and 4 of this act.

1-3    Sec. 2.  The legislature finds and declares that it is among the

1-4  responsibilities of state government to ensure, as far as possible, that only

1-5  competent persons practice homeopathic medicine within this state. For

1-6  this purpose, the legislature delegates to the board of homeopathic

1-7  medical examiners the duty of determining the initial and continuing

1-8  competence of homeopathic physicians, advanced practitioners of

1-9  homeopathy and homeopathic assistants practicing homeopathic

1-10  medicine in this state. The powers conferred upon the board by this

1-11  chapter must be liberally construed to carry out this purpose.

1-12    Sec. 3.  “Healing art” means any system, treatment, operation,

1-13  diagnosis, prescription or practice for the ascertainment, cure, relief,

1-14  palliation, adjustment or correction of any human disease, ailment,

1-15  deformity, injury, or unhealthy or abnormal physical or mental condition

1-16  for the practice of which long periods of specialized education and

1-17  training and a degree of specialized knowledge of an intellectual as well

1-18  as physical nature are required.

2-1    Sec. 4. The insurer of a homeopathic physician, advanced

2-2  practitioner of homeopathy or homeopathic assistant and the

2-3  homeopathic physician, advanced practitioner of homeopathy or

2-4  homeopathic assistant shall report to the board any claim for malpractice

2-5  or negligence and the settlement, award, judgment or other disposition

2-6  thereof.

2-7    Sec. 5.  NRS 630A.010 is hereby amended to read as follows:

2-8    630A.010  As used in this chapter, unless the context otherwise

2-9  requires, the words and terms defined in NRS 630A.015 to 630A.075,

2-10  inclusive, and section 3 of this act have the meanings ascribed to them in

2-11  those sections.

2-12    Sec. 6.  NRS 630A.110 is hereby amended to read as follows:

2-13    630A.110  1.  Four members of the board must be persons who are

2-14  licensed to practice allopathic or osteopathic medicine in any state or

2-15  country, the District of Columbia , or a territory or possession of the United

2-16  States, have been engaged in the practice of homeopathic medicine in this

2-17  state for a period of more than 2 years preceding their respective

2-18  appointments, are actually engaged in the practice of homeopathic

2-19  medicine in this state and are residents of the state.

2-20    2.  The remaining members must be persons who:

2-21    (a) Are not licensed in any state to practice any healing art;

2-22    (b) Are not actively engaged in the administration of any medical

2-23  facility or facility for the dependent as defined in chapter 449 of NRS;

2-24    (c) Do not have a pecuniary interest in any matter pertaining to such a

2-25  facility, except as a patient or potential patient; and

2-26    (d) Have resided in this state for at least 5 years.

2-27    3.  The members of the board must be selected without regard to their

2-28  individual political beliefs.

2-29    [4.  As used in this section, “healing art” means any system, treatment,

2-30  operation, diagnosis, prescription or practice for the ascertainment, cure,

2-31  relief, palliation, adjustment or correction of any human disease, ailment,

2-32  deformity, injury, or unhealthy or abnormal physical or mental condition

2-33  for the practice of which long periods of specialized education and training

2-34  and a degree of specialized knowledge of an intellectual as well as physical

2-35  nature are required.]

2-36    Sec. 7.  NRS 630A.325 is hereby amended to read as follows:

2-37    630A.325  1.  To renew a license other than a temporary, special or

2-38  limited license issued pursuant to this chapter, each person must, on or

2-39  before January 1 of each year:

2-40    (a) Apply to the board for renewal;

2-41    (b) Submit the statement required pursuant to NRS 630A.246;

2-42    (c) Pay the annual fee for renewal set by the board; and

2-43    (d) Submit evidence to the board of his completion of the requirements

2-44  for continuing education.

2-45    2.  The board shall, as a prerequisite for the renewal or restoration of a

2-46  license other than a temporary, special or limited license, require each

2-47  holder of a license to comply with the requirements for continuing

2-48  education adopted by the board.

3-1    3.  Any holder who fails to [pay the annual fee for renewal and submit

3-2  the statement required pursuant to NRS 630A.246 after they become due

3-3  must be given a period of 60 days in which to pay the fee and submit the

3-4  statement, and, failing to do so,] comply with the provisions of subsection

3-5  1 automatically forfeits his right to practice homeopathic medicine, and his

3-6  license to practice homeopathic medicine in this state is automatically

3-7  suspended. The holder may, within 2 years after the date his license is

3-8  suspended, apply for the restoration of his license.

3-9    4.  The board shall notify any holder whose license is automatically

3-10  suspended pursuant to subsection 3 and send a copy of the notice to the

3-11  Drug Enforcement Administration of the United States Department of

3-12  Justice or its successor agency.

3-13    5.  The board shall send a notice of renewal to each holder of a

3-14  license not later than November 15 of each year. The notice must include

3-15  a statement of the provisions of subsections 1 to 4, inclusive, and the

3-16  amount of the fee for the renewal of the license.

3-17    6.  The holder of a license that is suspended pursuant to this section

3-18  who applies for the restoration of his license must:

3-19    (a) File an application with the board;

3-20    (b) Submit the fee for the restoration of the license prescribed in NRS

3-21  630A.330;

3-22    (c) Submit the statement required by NRS 630A.246; and

3-23    (d) Submit evidence of completion of the requirements for continuing

3-24  education for each year his license is suspended.

3-25    Sec. 8.  NRS 630A.330 is hereby amended to read as follows:

3-26    630A.330  1.  Except as otherwise provided in subsection 6, each

3-27  applicant for a license to practice homeopathic medicine must:

3-28    (a) Pay a fee of $500; and

3-29    (b) Pay the cost of obtaining such further evidence and proof of

3-30  qualifications as the board may require pursuant to subsection 2 of NRS

3-31  630A.240.

3-32    2.  Each applicant for a certificate as an advanced practitioner of

3-33  homeopathy must:

3-34    (a) Pay a fee of $300; and

3-35    (b) Pay the cost of obtaining such further evidence and proof of

3-36  qualifications as the board may require pursuant to NRS 630A.295.

3-37    3.  Each applicant for a certificate as a homeopathic assistant must pay

3-38  a fee of $150.

3-39    4.  Each applicant for a license or certificate who fails an examination

3-40  and who is permitted to be reexamined must pay a fee not to exceed $400

3-41  for each reexamination.

3-42    5.  If an applicant for a license or certificate does not appear for

3-43  examination, for any reason deemed sufficient by the board, the board may,

3-44  upon request, refund a portion of the application fee not to exceed 50

3-45  percent of the fee. There must be no refund of the application fee if an

3-46  applicant appears for examination.

3-47    6.  Each applicant for a license issued under the provisions of NRS

3-48  630A.310 or 630A.320 must pay a fee not to exceed $150, as determined

3-49  by the board, and must pay a fee of $100 for each renewal of the license.

4-1    7.  The fee for the renewal of a license or certificate, as determined by

4-2  the board, must not exceed $600 per year and must be collected for the

4-3  year in which a physician, advanced practitioner of homeopathy or

4-4  homeopathic assistant is licensed or certified.

4-5    8.  The fee for the restoration of a suspended license or certificate is

4-6  twice the amount of the fee for the renewal of [a] the license or certificate

4-7  at the time of the restoration of the license or certificate[.] for each year or

4-8  portion of a year for which the license or certificate was suspended.

4-9    Sec. 9.  NRS 630A.510 is hereby amended to read as follows:

4-10    630A.510  1.  Any member of the board who was not a member of the

4-11  investigative committee, if one was appointed, may participate in the final

4-12  order of the board. If the board, after a formal hearing, determines that a

4-13  violation of the provisions of this chapter or the regulations adopted by the

4-14  board has occurred, it shall issue and serve on the person charged an order,

4-15  in writing, containing its findings and any sanctions imposed by the board.

4-16  If the board determines that no violation has occurred, it shall dismiss the

4-17  charges, in writing, and notify the person that the charges have been

4-18  dismissed. If the disciplinary proceedings were instituted against the

4-19  homeopathic physician, homeopathic assistant or advanced practitioner

4-20  of homeopathy as a result of a complaint filed against him, the board

4-21  may provide him with a copy of the complaint, including the name of the

4-22  person, if any, who filed the complaint.

4-23    2.  [If] Except as otherwise provided in subsection 3, if the board finds

4-24  that a violation has occurred, it may by order:

4-25    (a) Place the person on probation for a specified period on any of the

4-26  conditions specified in the order.

4-27    (b) Administer to the person a public reprimand.

4-28    (c) Limit the practice of the person or exclude a method of treatment

4-29  from the scope of his practice.

4-30    (d) Suspend the license of the person for a specified period or until

4-31  further order of the board.

4-32    (e) Revoke the license of the person to practice homeopathic medicine.

4-33    (f) Require the person to participate in a program to correct a

4-34  dependence upon alcohol or a controlled substance, or any other

4-35  impairment.

4-36    (g) Require supervision of the person’s practice.

4-37    (h) Impose an administrative fine not to exceed $10,000.

4-38   (i) Require the person to perform public service without compensation.

4-39    (j) Require the person to take a physical or mental examination or an

4-40  examination of his competence to practice homeopathic medicine.

4-41    (k) Require the person to fulfill certain training or educational

4-42  requirements.

4-43    (l) Require the person to pay the costs of the investigation and hearing.

4-44    3.  If the board finds that a homeopathic physician, homeopathic

4-45  assistant or an advanced practitioner of homeopathy has violated the

4-46  provisions of NRS 439B.425, the board shall suspend his license or

4-47  certificate for a specified period or until further order of the board.

 

 

5-1    Sec. 10.  NRS 690B.045 is hereby amended to read as follows:

5-2    690B.045  Except as more is required in NRS 630.3067[:] or section 4

5-3  of this act:

5-4    1.  Each insurer which issues a policy of insurance covering the

5-5  liability of a practitioner licensed pursuant to chapters 630 to 640,

5-6  inclusive, of NRS for a breach of his professional duty toward a patient

5-7  shall report to the board which licensed the practitioner within 30 days

5-8  each settlement or award made or judgment rendered by reason of a claim,

5-9  if the settlement, award or judgment is for more than $5,000, giving the

5-10  name and address of the claimant and the practitioner and the

5-11  circumstances of the case.

5-12    2.  A practitioner licensed pursuant to chapters 630 to 640, inclusive, of

5-13  NRS who does not have insurance covering liability for a breach of his

5-14  professional duty toward a patient shall report to the board which issued his

5-15  license within 30 days of each settlement or award made or judgment

5-16  rendered by reason of a claim, if the settlement, award or judgment is for

5-17  more than $5,000, giving his name and address, the name and address of

5-18  the claimant and the circumstances of the case.

5-19    3.  These reports are public records and must be made available for

5-20  public inspection within a reasonable time after they are received by the

5-21  licensing board.

5-22    Sec. 11.  This act becomes effective upon passage and approval.

 

5-23  H