Assembly
Bill No. 21–Assemblywomen Giunchigliani
and Gibbons
Prefiled January 29, 2003
____________
Referred to Committee on Commerce and Labor
SUMMARY—Makes changes related to practice of Oriental medicine. (BDR 54‑226)
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.
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; revising the qualifications for members of the State Board of Oriental Medicine; revising the requirements for a license to practice 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.030 is hereby amended to read as
1-2 follows:
1-3 634A.030 1. The State Board of Oriental Medicine,
1-4 consisting of five members appointed by the Governor, is hereby
1-5 created.
1-6 2. [The Governor shall appoint to the Board:
1-7 (a) Three members who are licensed pursuant to this chapter.
1-8 (b) Two members who are representatives of the general public.
1-9 3.] Each member of the Board shall, before entering upon the
1-10 duties of his office, take the oath of office prescribed by the
1-11 Constitution before someone qualified to administer oaths.
1-12 Sec. 2. NRS 634A.040 is hereby amended to read as follows:
1-13 634A.040 [All members of the Board shall be]
1-14 1. The Governor shall appoint three members to the Board
1-15 who:
1-16 (a) Have a license issued pursuant to this chapter;
2-1 (b) Do not have a license in this state to practice any healing
2-2 art other than Oriental medicine;
2-3 (c) Have received a degree from a school or college of Oriental
2-4 medicine that is approved by the Board;
2-5 (d) Currently engage in the practice of Oriental medicine in
2-6 this state, and have engaged in the practice of Oriental medicine
2-7 in this state for at least 3 years preceding appointment to the
2-8 Board;
2-9 (e) Are citizens of the United States ; and
2-10 (f) Are residents of the State of Nevada[.] and have been for at
2-11 least 1 year preceding appointment to the Board.
2-12 2. The Governor shall appoint one member to the Board who:
2-13 (a) Is licensed pursuant to chapter 630 of NRS by the Board of
2-14 Medical Examiners as a physician;
2-15 (b) Does not engage in the administration of a facility for
2-16 Oriental medicine or a school for Oriental medicine;
2-17 (c) Does not have a pecuniary interest in any matter pertaining
2-18 to Oriental medicine, except as a patient or potential patient;
2-19 (d) Is a citizen of the United States; and
2-20 (e) Is a resident of the State of Nevada and has been for at
2-21 least 1 year preceding appointment to the Board.
2-22 3. The Governor shall appoint one member to the Board who:
2-23 (a) Does not engage in the administration of a facility for
2-24 Oriental medicine or a school for Oriental medicine;
2-25 (b) Does not have a pecuniary interest in any matter pertaining
2-26 to Oriental medicine, except as a patient or potential patient;
2-27 (c) Is a citizen of the United States; and
2-28 (d) Is a resident of the State of Nevada and has been for at
2-29 least 1 year preceding appointment to the Board.
2-30 Sec. 3. NRS 634A.120 is hereby amended to read as follows:
2-31 634A.120 1. Each applicant for a license to practice as a
2-32 doctor of Oriental medicine must pass:
2-33 (a) An examination in Oriental medicine that is administered by
2-34 a national organization approved by the Board; and
2-35 (b) A practical examination approved by the Board that tests the
2-36 applicant’s knowledge and understanding of [the] :
2-37 (1) Basic medical science;
2-38 (2) Acupuncture;
2-39 (3) Herbal medicine;
2-40 (4) Oriental medicine;
2-41 (5) English proficiency; and
2-42 (6) The laws and regulations of this state relating to health
2-43 and safety in the practice of Oriental medicine.
2-44 2. The Board may establish by regulation:
3-1 (a) Additional subject areas to be included in the practical
3-2 examination; and
3-3 (b) Specific methods for the administration of the practical
3-4 examination, including, but not limited to, written, oral,
3-5 demonstrative, practical or any combination thereof.
3-6 3. The Board shall contract for the preparation, administration
3-7 and grading of the practical examination.
3-8 [2.] 4. Except as otherwise provided in subsection [3,] 5, the
3-9 Board shall offer the practical examination at least two times each
3-10 year at a time and place established by the Board.
3-11 [3.] 5. The Board may cancel a scheduled practical
3-12 examination if, within 60 days before the examination, the Board
3-13 has not received a request to take the examination.
3-14 [4.] 6. A person who fails the practical examination may
3-15 retake the examination.
3-16 Sec. 4. Notwithstanding the amendatory provisions of sections
3-17 1 and 2 of this act, each person serving as a member of the State
3-18 Board of Oriental Medicine on October 1, 2003, may continue to
3-19 serve until the expiration of his term.
3-20 H