2005 Nevada Revised Statutes - Chapter 630A — Homeopathic Medicine

CHAPTER 630A - HOMEOPATHIC MEDICINE

GENERAL PROVISIONS

NRS 630A.010 Definitions.

NRS 630A.015 Advancedpractitioner of homeopathy defined.

NRS 630A.020 Boarddefined.

NRS 630A.030 Grossmalpractice defined.

NRS 630A.035 Homeopathicassistant defined.

NRS 630A.040 Homeopathicmedicine and homeopathy defined.

NRS 630A.050 Homeopathicphysician defined.

NRS 630A.060 Malpracticedefined.

NRS 630A.070 Professionalincompetence defined.

NRS 630A.075 Supervisinghomeopathic physician defined.

NRS 630A.080 Licenseas revocable privilege.

NRS 630A.090 Applicability.

BOARD OF HOMEOPATHIC MEDICAL EXAMINERS

NRS 630A.100 Number,appointment and terms of members.

NRS 630A.110 Qualificationsof members.

NRS 630A.120 Expirationof term; removal of member; replacement of removed member.

NRS 630A.130 Oathsof office.

NRS 630A.140 Officers.

NRS 630A.150 Meetings;quorum.

NRS 630A.155 Duties.

NRS 630A.160 Compensationof members and employees; deposit of money received by Board; delegation ofauthority concerning disciplinary action; deposit of fines; claim forattorneys fees or cost of investigation.

NRS 630A.170 Seal.

NRS 630A.175 Unauthorizeduse of seal or designation of Board or license or certificate issued by Board.

NRS 630A.180 Fiscalyear.

NRS 630A.190 Officesand employees.

NRS 630A.200 Regulations.

NRS 630A.210 Hearings:Subpoenas; production of other evidence.

LICENSING AND CERTIFICATION

NRS 630A.220 Unlawfulacts concerning practice of homeopathic medicine; limitation on use ofdesignation of degree.

NRS 630A.225 Effectof revocation of license in another jurisdiction for gross medical negligence.

NRS 630A.230 Qualificationsof applicant for license to practice homeopathic medicine.

NRS 630A.240 Application:Proof of qualifications; rejection.

NRS 630A.243 Applicationto include social security number of applicant. [Repealed.]

NRS 630A.246 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license or certificate; duty of Board. [Effective until the date ofthe repeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

NRS 630A.246 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license or certificate; duty of Board. [Effective on the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings andexpires by limitation 2 years after that date.]

NRS 630A.250 Oralexamination.

NRS 630A.260 Reexamination.

NRS 630A.270 Applicantwho is graduate of foreign medical school: Proof of qualification; examination.

NRS 630A.280 Reciprocity.

NRS 630A.290 Denialof license; notification; appeal; records of issuance and denial of licenses.

NRS 630A.293 Advancedpractitioners of homeopathy: Certification; qualifications; authority.

NRS 630A.295 Advancedpractitioners of homeopathy: Regulations of Board.

NRS 630A.297 Homeopathicassistant: Certification; authorized services; supervising homeopathicphysician.

NRS 630A.299 Homeopathicassistant: Regulations of Board.

NRS 630A.310 Temporary,special and restricted licenses: Purposes; issuance; revocation.

NRS 630A.320 Limitedlicense for resident homeopathic physician in postgraduate program of clinicaltraining.

NRS 630A.325 Renewal:Requirements; suspension for failure to pay fee or submit certain information;notice to Federal Government.

NRS 630A.330 Fees.

DISCIPLINARY ACTION

Preliminary Proceedings

NRS 630A.340 Groundsfor initiating disciplinary action or denying licensure: Unprofessionalconduct; criminal offenses; suspension or other modification of license inanother jurisdiction; surrender of license while under investigation; gross orrepeated malpractice; professional incompetence.

NRS 630A.350 Groundsfor initiating disciplinary action or denying licensure: False application forlicense; misrepresenting disease or injury for personal gain; falseadvertising; practicing under another name; signing blank prescription form;influencing patient to engage in sexual activity; discouraging second opinion;terminating care without adequate notice.

NRS 630A.360 Groundsfor initiating disciplinary action or denying licensure: Accepting compensationto influence evaluation or treatment; inappropriate division of fees; chargingfor services not rendered; aiding practice by unlicensed person; advertising servicesof unlicensed person; delegating responsibility to unqualified person; failingto disclose conflict of interest.

NRS 630A.370 Groundsfor initiating disciplinary action or denying licensure: Inability to practice;deceptive conduct; harmful medical practices; unlawful administration ofcontrolled substance; unlawful abortion; practicing beyond scope of license;practicing experimental medicine without consent of patient; failure toexercise skill or diligence.

NRS 630A.380 Groundsfor initiating disciplinary action or denying licensure: Willful disclosure ofprivileged communication; willful failure to comply with statute or regulationgoverning practice.

NRS 630A.390 Filingof complaint; reporting of disciplinary action and findings.

NRS 630A.400 Reviewof complaint; composition of committee; investigation; Board to transmitcertain complaints to Attorney General; Board review of committees findings.

NRS 630A.410 Investigationof complaint by Attorney General; determination of Board concerning furtheraction.

NRS 630A.420 Mentalor physical examination; examination of competence to practice.

NRS 630A.430 Examinationto determine medical competence.

NRS 630A.440 Limitationof time for completion of examination if Board issues order for summarysuspension of license.

NRS 630A.450 Stayof summary suspension by court prohibited.

NRS 630A.460 Injunctiverelief.

 

Disciplinary Proceedings

NRS 630A.480 Commencementof disciplinary proceedings required for certain violations of IndustrialInsurance Act.

NRS 630A.490 Serviceof process.

NRS 630A.500 Requirementsfor proof.

NRS 630A.510 Finalorder of Board; disciplinary actions available to Board; private reprimandsprohibited; orders imposing discipline deemed public records.

NRS 630A.520 Judicialreview of Boards final order; stay of order pending final determinationprohibited.

NRS 630A.530 Reinstatementof license.

 

Miscellaneous Provisions

NRS 630A.540 Immunityfrom civil liability.

NRS 630A.543 Suspensionof license or certificate for failure to pay child support or comply withcertain subpoenas or warrants; reinstatement of license or certificate.[Expires by limitation 2 years after the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

NRS 630A.545 Proceduralrequirements same for disciplinary action taken by hearing officer or panel; decisionof hearing officer or panel relating to administrative fine is final decisionin contested case.

NRS 630A.550 Disciplinaryaction does not preclude limitation or termination of privileges of licensee orholder of certificate or criminal prosecution; immunity from civil liability.

NRS 630A.555 Confidentialityof certain records of Board; exceptions.

UNLAWFUL ACTS; PENALTIES

NRS 630A.560 Prosecutionof violators; employment of investigators.

NRS 630A.570 Injunctiverelief against person practicing without license or certificate.

NRS 630A.580 Sufficiencyof allegations of complaint seeking injunctive relief.

NRS 630A.590 Penaltyfor certain violations.

NRS 630A.600 Penaltyfor practicing without license or certificate.

NEVADA INSTITUTIONAL REVIEW BOARD

General Provisions

NRS 630A.800 Definitions.

NRS 630A.815 Practitionerdefined.

NRS 630A.825 Researchstudy defined.

NRS 630A.835 Researcherdefined.

NRS 630A.855 Applicability.

 

Organization and Administration

NRS 630A.865 Creation;supervision; appointment of members; period of service; vacancies; per diemallowance and travel expenses; quorum; officers; meetings; rules of procedure.

NRS 630A.870 Oath.

NRS 630A.875 Fundingof Review Board; limitations.

NRS 630A.880 Depositand use of money received by Review Board.

 

Regulation of Research Studies

NRS 630A.900 Adoptionof regulations.

NRS 630A.905 Administrativepowers and duties.

NRS 630A.910 Requirementsgoverning researchers and research studies.

_________

 

GENERAL PROVISIONS

NRS 630A.010 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS630A.015 to 630A.075, inclusive,have the meanings ascribed to them in those sections.

(Added to NRS by 1983, 1478)

NRS 630A.015 Advancedpractitioner of homeopathy defined. Advancedpractitioner of homeopathy means a person who has:

1. Complied with all of the requirements set forth inthis chapter and the regulations adopted by the Board for advancedpractitioners of homeopathy; and

2. Received from the Board a certificate as anadvanced practitioner of homeopathy.

(Added to NRS by 1995, 2796)

NRS 630A.020 Boarddefined. Board means the Board of HomeopathicMedical Examiners.

(Added to NRS by 1983, 1478)

NRS 630A.030 Grossmalpractice defined. Gross malpracticemeans malpractice where the failure to exercise the requisite degree of care,diligence or skill consists of:

1. Ministering to a patient while the homeopathicphysician is under the influence of alcohol or any controlled substance.

2. Gross negligence.

3. Willful disregard of homeopathic medicalprocedures.

4. Willful and consistent use of homeopathic medicalprocedures, services or treatment considered by homeopathic physicians in thecommunity to be inappropriate or unnecessary in the cases where used.

(Added to NRS by 1983, 1478; A 1987, 1555)

NRS 630A.035 Homeopathicassistant defined. Homeopathic assistantmeans a person who is a graduate of an academic program approved by the Boardor who, by general education, practical training and experience determined tobe satisfactory by the Board, is qualified to perform homeopathic servicesunder the supervision of a supervising homeopathic physician and who has beenissued a certificate as a homeopathic assistant by the Board.

(Added to NRS by 1995, 2796)

NRS 630A.040 Homeopathicmedicine and homeopathy defined. Homeopathicmedicine or homeopathy means a system of medicine employing substances ofanimal, vegetable, chemical or mineral origin, including:

1. Nosodes and sarcodes, which are:

(a) Given in micro-dosage, except that sarcodes may be givenin macro-dosage;

(b) Prepared according to homeopathic pharmacology bywhich the formulation of homeopathic preparations is accomplished by themethods of Hahnemannian dilution and succussion or magnetically energizedgeometric patterns applicable in potencies above 30X, as defined in theofficial Homeopathic Pharmacopoeia of the United States; and

(c) Prescribed by homeopathic physicians or advancedpractitioners of homeopathy according to the medicines and dosages in theHomeopathic Pharmacopoeia of the United States,

inaccordance with the principle that a substance which produces symptoms in ahealthy person can eliminate those symptoms in an ill person.

2. Noninvasive electrodiagnosis, cell therapy, neuraltherapy, herbal therapy, neuromuscular integration, orthomolecular therapy andnutrition.

(Added to NRS by 1983, 1479; A 1987, 2056; 1995,2798; 1997, 1417)

NRS 630A.050 Homeopathicphysician defined. Homeopathic physicianmeans a person who has:

1. Complied with all of the requirements set forth inthis chapter and the regulations adopted by the Board for the practice ofhomeopathic medicine; and

2. Received from the Board a license to practicehomeopathic medicine.

(Added to NRS by 1983, 1479; A 1985, 309; 1987, 2056)

NRS 630A.060 Malpracticedefined. Malpractice means failure on thepart of a homeopathic physician to exercise the degree of care, diligence andskill ordinarily exercised by homeopathic physicians in good standing in thecommunity in which he practices. As used in this section, community embracesthe entire area customarily served by homeopathic physicians among whom apatient may reasonably choose, not merely the particular area inhabited by thepatients of that individual physician or the particular city or place where hehas his office.

(Added to NRS by 1983, 1479)

NRS 630A.070 Professionalincompetence defined. Professional incompetencemeans lack of ability safely and skillfully to practice homeopathic medicine,or to practice one or more specified branches of homeopathic medicine, arisingfrom:

1. Lack of knowledge or training.

2. Impaired physical or mental capability of thehomeopathic physician.

3. Indulgence in the use of alcohol or any controlledsubstance.

4. Any other sole or contributing cause.

(Added to NRS by 1983, 1479)

NRS 630A.075 Supervisinghomeopathic physician defined. Supervisinghomeopathic physician means an active homeopathic physician licensed in theState of Nevada who employs and supervises a homeopathic assistant or anadvanced practitioner of homeopathy.

(Added to NRS by 1995, 2796)

NRS 630A.080 Licenseas revocable privilege. The purpose oflicensing homeopathic physicians is to protect the public health and safety andthe general welfare of the people of this State. Any license issued pursuant tothis chapter is a revocable privilege and no holder of such a license acquiresthereby any vested right.

(Added to NRS by 1983, 1479)

NRS 630A.090 Applicability.

1. Except as otherwise provided in NRS 630A.800 to 630A.910, inclusive, this chapter doesnot apply to:

(a) The practice of dentistry, chiropractic, Orientalmedicine, podiatry, optometry, respiratory care, faith or Christian Sciencehealing, nursing, veterinary medicine or fitting hearing aids.

(b) A medical officer of the Armed Services or amedical officer of any division or department of the United States in thedischarge of his official duties.

(c) Licensed or certified nurses in the discharge oftheir duties as nurses.

(d) Homeopathic physicians who are called into thisState, other than on a regular basis, for consultation or assistance to anyphysician licensed in this State, and who are legally qualified to practice inthe state or country where they reside.

2. This chapter does not repeal or affect any statuteof Nevada regulating or affecting any other healing art.

3. This chapter does not prohibit:

(a) Gratuitous services of a person in case ofemergency.

(b) The domestic administration of family remedies.

4. This chapter does not authorize a homeopathicphysician to practice medicine, including allopathic medicine, except asotherwise provided in NRS 630A.040.

(Added to NRS by 1983, 1480; A 1985, 1033; 1987,2057; 1991, 1126; 1995, 1792; 1997, 1418; 2005, 2526)

BOARD OF HOMEOPATHIC MEDICAL EXAMINERS

NRS 630A.100 Number,appointment and terms of members. The Board ofHomeopathic Medical Examiners consists of seven members appointed by theGovernor. After the initial terms, the term of office of each member is 4years.

(Added to NRS by 1983, 1480; A 1985, 12, 1034)

NRS 630A.110 Qualificationsof members.

1. Three members of the Board must be persons who arelicensed to practice allopathic or osteopathic medicine in any state orcountry, the District of Columbia or a territory or possession of the UnitedStates, have been engaged in the practice of homeopathic medicine in this Statefor a period of more than 2 years preceding their respective appointments, areactually engaged in the practice of homeopathic medicine in this State and areresidents of the State.

2. One memberof the Board must be a person who has resided in this State for at least 5years and who represents the interests of persons or agencies that regularlyprovide health care to patients who are indigent, uninsured or unable to affordhealth care. This member may be licensed under the provisions of this chapter.

3. The remaining three members of the Board must bepersons who:

(a) Are not licensed in any state to practice anyhealing art;

(b) Are not thespouse or the parent or child, by blood, marriage or adoption, of a personlicensed in any state to practice any healing art;

(c) Are not actively engaged in the administration ofany medical facility or facility for the dependent as defined in chapter 449 of NRS;

(d) Do not have a pecuniary interest in any matterpertaining to such a facility, except as a patient or potential patient; and

(e) Have resided in this State for at least 5 years.

4. The members of the Board must be selected withoutregard to their individual political beliefs.

5. As used in this section, healing art means anysystem, treatment, operation, diagnosis, prescription or practice for theascertainment, cure, relief, palliation, adjustment or correction of any humandisease, ailment, deformity, injury, or unhealthy or abnormal physical ormental condition for the practice of which long periods of specializededucation and training and a degree of specialized knowledge of an intellectualas well as physical nature are required.

(Added to NRS by 1983, 1480; A 1985, 1034, 1766;1987, 2057; 2003,1190)

NRS 630A.120 Expirationof term; removal of member; replacement of removed member.

1. Upon expiration of his term of office, a membershall continue to serve until a person qualified under this chapter isappointed as his successor.

2. A member of the Board may be removed by theGovernor for good cause. The Governor shall appoint a person qualified underthis chapter to replace a removed member for the remainder of the unexpiredterm.

(Added to NRS by 1983, 1481; A 1985, 1034; 1987,2058)

NRS 630A.130 Oathsof office. Before entering upon the duties ofhis office, each member of the Board shall take:

1. The constitutional oath or affirmation of office;and

2. An oath or affirmation that he is legally qualifiedto serve on the Board.

(Added to NRS by 1983, 1481; A 1987, 2058)

NRS 630A.140 Officers.

1. The Board shall elect from its members a President,a Vice President and a Secretary-Treasurer. The officers of the Board holdtheir respective offices during its pleasure.

2. The Board shall receive through itsSecretary-Treasurer applications for the certificates issued under thischapter.

3. The Secretary-Treasurer is entitled to receive asalary, in addition to the salary paid pursuant to NRS 630A.160, the amount of which must bedetermined by the Board.

(Added to NRS by 1983, 1481; A 1987, 2058)

NRS 630A.150 Meetings;quorum.

1. The Board shall meet at least twice annually andmay meet at other times on the call of the President or a majority of itsmembers.

2. A majority of the Board constitutes a quorum totransact all business.

(Added to NRS by 1983, 1481)

NRS 630A.155 Duties. The Board shall:

1. Regulate the practice of homeopathic medicine inthis State and any activities that are within the scope of such practice, toprotect the public health and safety and the general welfare of the people ofthis State.

2. Determine the qualifications of, and examine,applicants for licensure or certification pursuant to this chapter, and specifyby regulation the methods to be used to check the background of suchapplicants.

3. License or certify those applicants it finds to bequalified.

4. Investigate and, if required, hear and decide in amanner consistent with the provisions of chapter622A of NRS all complaints made against any homeopathic physician, advancedpractitioner of homeopathy, homeopathic assistant or any agent or employee ofany of them, or any facility where the primary practice is homeopathicmedicine. If a complaint concerns a practice which is within the jurisdictionof another licensing board or any other possible violation of state law, theBoard shall refer the complaint to the other licensing board.

5. Supervise the Nevada Institutional Review Boardcreated by NRS 630A.865, including,without limitation, approving or denying the regulations adopted by the NevadaInstitutional Review Board.

6. Submit an annual report to the Legislature and makerecommendations to the Legislature concerning the enactment of legislationrelating to alternative and complementary integrative medicine, including,without limitation, homeopathic medicine.

(Added to NRS by 1997, 1417; A 2005, 759, 2526)

NRS 630A.160 Compensationof members and employees; deposit of money received by Board; delegation ofauthority concerning disciplinary action; deposit of fines; claim forattorneys fees or cost of investigation.

1. Out of the money coming into the possession of theBoard, each member of the Board is entitled to receive:

(a) A salary of not more than $80 per day, as fixed bythe Board, while engaged in the business of the Board; and

(b) A per diem allowance and travel expenses at a ratefixed by the Board, while engaged in the business of the Board. The rate mustnot exceed the rate provided for state officers and employees generally.

2. While engaged in the business of the Board, eachemployee of the Board is entitled to receive a per diem allowance and travelexpenses at a rate fixed by the Board. The rate must not exceed the rateprovided for state officers and employees generally.

3. Expenses of the Board and the expenses and salariesof the members and employees of the Board must be paid from the fees receivedby the Board pursuant to the provisions of this chapter. Except as otherwiseprovided in subsection 6, no part of the salaries or expenses of the members ofthe Board may be paid out of the State General Fund.

4. All money received by the Board must be deposited infinancial institutions in this State that are federally insured or insured by aprivate insurer approved pursuant to NRS678.755.

5. In a manner consistent with the provisions of chapter 622A of NRS, the Board may delegate toa hearing officer or panel its authority to take any disciplinary actionpursuant to this chapter, impose and collect administrative fines, court costsand attorneys fees therefor and deposit the money therefrom in financialinstitutions in this State that are federally insured or insured by a privateinsurer approved pursuant to NRS 678.755.

6. If a hearing officer or panel is not authorized totake disciplinary action pursuant to subsection 5, the Board shall deposit themoney collected from the imposition of administrative fines, court costs andattorneys fees with the State Treasurer for credit to the State General Fund.The Board may present a claim to the State Board of Examiners forrecommendation to the Interim Finance Committee if money is needed to payattorneys fees or the costs of an investigation, or both.

(Added to NRS by 1983, 1481; A 1987, 2058; 1989,1696; 1995, 2798; 1999,1530; 2005, 760)

NRS 630A.170 Seal.

1. The Board shall procure a seal.

2. All licenses and certificates issued by the Boardmust bear the seal of the Board and the signatures of its President andSecretary-Treasurer.

(Added to NRS by 1983, 1481; A 1995, 2799; 1997, 675,1622)

NRS 630A.175 Unauthorizeduse of seal or designation of Board or license or certificate issued by Board. A person shall not use the seal, the designation of theBoard or any license or certificate issued by the Board or any imitationthereof in any way not authorized by this chapter or the regulations of theBoard.

(Added to NRS by 1995, 2798)

NRS 630A.180 Fiscalyear. The Board shall operate on the basis ofa fiscal year commencing on July 1 and terminating on June 30.

(Added to NRS by 1983, 1481)

NRS 630A.190 Officesand employees. The Board may:

1. Maintain offices in as many localities in the Stateas it finds necessary to carry out the provisions of this chapter.

2. Employ attorneys, investigators, hearing officers,experts, administrators, consultants and clerical personnel necessary to thedischarge of its duties.

(Added to NRS by 1983, 1481; A 1987, 2058)

NRS 630A.200 Regulations. The Board may adopt such regulations as are necessary ordesirable to enable it to carry out the provisions of this chapter.

(Added to NRS by 1983, 1481)

NRS 630A.210 Hearings:Subpoenas; production of other evidence.

1. In a manner consistent with the provisions of chapter 622A of NRS, the Board may holdhearings and conduct investigations relating to its duties under this chapterand take evidence on any matter under inquiry before the Board. The Secretary-Treasurerof the Board or, in his absence, any member of the Board may administer oathsto any witness appearing before the Board. The Secretary-Treasurer or Presidentof the Board may issue subpoenas to compel the attendance of witnesses and theproduction of books, medical records, X-ray photographs and other papers. TheSecretary-Treasurer, President or other officer of the Board shall sign the subpoenaon behalf of the Board.

2. If any person fails to comply with a subpoenaissued by the Board, the Secretary-Treasurer or President of the Board maypetition the district court for an order of the court compelling compliancewith the subpoena.

3. Upon such a petition, the court shall enter anorder directing the person subpoenaed to appear before the court at a time andplace to be fixed by the court in its order, the time to be not more than 10days from the date of the order, and then and there show cause why he has notcomplied with the subpoena. A certified copy of the order must be served uponthat person.

4. If it appears to the court that the subpoena wasregularly issued by the Board, the court shall enter an order compellingcompliance with the subpoena, and upon failure to obey the order the personmust be dealt with as for contempt of court.

(Added to NRS by 1983, 1481; A 1987, 2059; 2005, 760)

LICENSING AND CERTIFICATION

NRS 630A.220 Unlawfulacts concerning practice of homeopathic medicine; limitation on use ofdesignation of degree.

1. It is unlawful for any person:

(a) To practice homeopathic medicine;

(b) To hold himself out as qualified to practicehomeopathic medicine; or

(c) To use in connection with his name the words orletters H.M.D. or any other title, word, letter or other designation intendedto imply or designate him as a practitioner of homeopathic medicine,

in thisState without first obtaining a license so to do as provided in this chapter.

2. A physician licensed pursuant to this chapter whoholds a degree such as doctor of medicine or doctor of osteopathy may identifyhimself by that degree or its appropriate abbreviation, but unless he is alsolicensed pursuant to chapter 630 or 633 of NRS must further identify himself by thewords practitioner of homeopathic medicine or their equivalent.

(Added to NRS by 1983, 1482; A 1985, 309, 1035)

NRS 630A.225 Effectof revocation of license in another jurisdiction for gross medical negligence.

1. The Board shall not issue a license to practicehomeopathic medicine to an applicant who has been licensed to practice any typeof medicine in another jurisdiction and whose license was revoked for grossmedical negligence by that jurisdiction.

2. The Board may revoke the license of any personlicensed to practice any type of medicine in another jurisdiction which wasrevoked for gross medical negligence by that jurisdiction.

3. The revocation of a license to practice any type ofmedicine in another jurisdiction on grounds other than grounds which wouldconstitute revocation for gross medical negligence constitutes grounds forinitiating disciplinary action or denying the issuance of a license.

4. For the purposes of this section, the Board shalladopt by regulation a definition of gross medical negligence.

(Added to NRS by 1991, 1070)

NRS 630A.230 Qualificationsof applicant for license to practice homeopathic medicine.

1. Every person desiring to practice homeopathicmedicine must, before beginning to practice, procure from the Board a licenseauthorizing such practice.

2. Except as otherwise provided in NRS 630A.225, a license may be issued toany person who:

(a) Is a citizen of the United States or is lawfullyentitled to remain and work in the United States;

(b) Has received the degree of doctor of medicine ordoctor of osteopathic medicine from the school he attended during the 2 yearsimmediately preceding the granting of the degree;

(c) Is licensed to practice allopathic or osteopathicmedicine in any state or country, the District of Columbia or a territory orpossession of the United States;

(d) Has completed 1 year of postgraduate training inallopathic or osteopathic medicine approved by the Board;

(e) Has passed all oral or written examinationsrequired by the Board or this chapter; and

(f) Meets additional requirements established by theBoard.

(Added to NRS by 1983, 1482; A 1985, 310, 1035; 1987,2059; 1991, 1070)

NRS 630A.240 Application:Proof of qualifications; rejection.

1. An applicant for a license to practice homeopathicmedicine who is a graduate of a medical school located in the United States orCanada shall submit to the Board, through its Secretary-Treasurer, proof thathe has received:

(a) The degree of doctor of medicine from a medicalschool which at the time of his graduation was accredited by the LiaisonCommittee on Medical Education or the Committee for the Accreditation ofCanadian Medical Schools, or the degree of doctor of osteopathic medicine froman osteopathic school which at the time of his graduation was accredited by theBureau of Professional Education of the American Osteopathic Association;

(b) One year of postgraduate training in allopathic orosteopathic medicine approved by the Board; and

(c) Six months of postgraduate training in homeopathy.

2. In addition to the proofs required by subsection 1,the Board may take such further evidence and require such other documents orproof of qualification as in its discretion may be deemed proper.

3. If it appears that the applicant is not of goodmoral character or reputation or that any credential submitted is false, theapplicant may be rejected.

(Added to NRS by 1983, 1482; A 1987, 2060)

NRS 630A.243 Applicationto include social security number of applicant. Repealed.(See chapter 501, Statutesof Nevada 2005, at page 2818.)

 

NRS 630A.246 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license or certificate; duty of Board. [Effective until the date ofthe repeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

1. In addition to any other requirements set forth inthis chapter:

(a) An applicant for the issuance of a license topractice homeopathic medicine, a certificate as an advanced practitioner ofhomeopathy or a certificate as a homeopathic assistant shall include the socialsecurity number of the applicant in the application submitted to the Board.

(b) An applicant for the issuance or renewal of alicense to practice homeopathic medicine, a certificate as an advancedpractitioner of homeopathy or a certificate as a homeopathic assistant shallsubmit to the Board the statement prescribed by the Division of Welfare andSupportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must becompleted and signed by the applicant.

2. The Board shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the license or certificate; or

(b) A separate form prescribed by the Board.

3. A license to practice homeopathic medicine, acertificate as an advanced practitioner of homeopathy or a certificate as ahomeopathic assistant may not be issued or renewed by the Board if theapplicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Board shall advise theapplicant to contact the district attorney or other public agency enforcing theorder to determine the actions that the applicant may take to satisfy thearrearage.

(Added to NRS by 1997, 2121; A 2005, 2715, 2807)

NRS 630A.246 Payment of child support: Submissionof certain information by applicant; grounds for denial of license orcertificate; duty of Board. [Effective on the date of the repeal of the federallaw requiring each state to establish procedures for withholding, suspendingand restricting the professional, occupational and recreational licenses forchild support arrearages and for noncompliance with certain processes relatingto paternity or child support proceedings and expires by limitation 2 yearsafter that date.]

1. In addition to any other requirements set forth inthis chapter, an applicant for the issuance or renewal of a license to practicehomeopathic medicine, a certificate as an advanced practitioner of homeopathyor a certificate as a homeopathic assistant shall submit to the Board thestatement prescribed by the Division of Welfare and Supportive Services of theDepartment of Health and Human Services pursuant to NRS 425.520. The statement must becompleted and signed by the applicant.

2. The Board shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the license or certificate; or

(b) A separate form prescribed by the Board.

3. A license to practice homeopathic medicine, acertificate as an advanced practitioner of homeopathy or a certificate as ahomeopathic assistant may not be issued or renewed by the Board if theapplicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Board shall advise theapplicant to contact the district attorney or other public agency enforcing theorder to determine the actions that the applicant may take to satisfy thearrearage.

(Added to NRS by 1997, 2121; A 2005, 2715, 2716, 2807, effective onthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings)

NRS 630A.250 Oralexamination.

1. If required by the Board, an applicant for alicense to practice homeopathic medicine shall appear personally and pass anoral examination.

2. The Board may employ specialists and otherconsultants or examining services in conducting any examination required by theBoard.

(Added to NRS by 1983, 1483; A 1987, 2060)

NRS 630A.260 Reexamination.

1. If an applicant fails in a first examination, hemay be reexamined after not less than 6 months.

2. If he fails in a second examination, he may not bereexamined within less than 1 year after the date of the second examination.Before taking a third examination, he shall furnish proof satisfactory to theBoard of 1 year of additional training in homeopathy after the second examination.

3. If an applicant fails three consecutiveexaminations, he must show the Board by clear and convincing evidence thatextraordinary circumstances justify permitting him to be reexamined again.

(Added to NRS by 1983, 1483; A 1987, 2061)

NRS 630A.270 Applicantwho is graduate of foreign medical school: Proof of qualification; examination.

1. An applicant for a license to practice homeopathicmedicine who is a graduate of a foreign medical school shall submit to theBoard through its Secretary-Treasurer proof that he:

(a) Is a citizen of the United States, or that he islawfully entitled to remain and work in the United States;

(b) Has received the degree of doctor of medicine orits equivalent, as determined by the Board, from a foreign medical school recognizedby the Educational Commission for Foreign Medical Graduates;

(c) Has completed 3 years of postgraduate trainingsatisfactory to the Board;

(d) Has completed an additional 6 months ofpostgraduate training in homeopathic medicine;

(e) Has received the standard certificate of theEducational Commission for Foreign Medical Graduates; and

(f) Has passed all parts of the Federation LicensingExamination, or has received a written statement from the EducationalCommission for Foreign Medical Graduates that he has passed the examinationgiven by the Commission.

2. In addition to the proofs required by subsection 1,the Board may take such further evidence and require such further proof of theprofessional and moral qualifications of the applicant as in its discretion maybe deemed proper.

3. If the applicant is a diplomate of an approvedspecialty board recognized by this Board, the requirements of paragraphs (c)and (d) of subsection 1 may be waived by the Board.

4. Before issuance of a license to practicehomeopathic medicine, the applicant who presents the proof required bysubsection 1 shall appear personally before the Board and satisfactorily pass awritten or oral examination, or both, as to his qualifications to practicehomeopathic medicine.

(Added to NRS by 1983, 1483; A 1987, 2061)

NRS 630A.280 Reciprocity. The Board may, in its discretion, license an applicant whoholds a valid license or certificate issued to him by the homeopathic medicalexamining board of the District of Columbia or of any state or territory of theUnited States, if:

1. The legal requirements of the homeopathic medicalexamining board were, at the time of issuing the license or certificate, in nodegree or particular less than those of this State at the time when the licenseor certificate was issued.

2. The applicant is of good moral character andreputation.

3. The applicant passes an oral examination, whererequired by the Board.

4. The applicant furnishes to the Board such otherproof of qualifications, professional or moral, as the Board may require.

(Added to NRS by 1983, 1484)

NRS 630A.290 Denialof license; notification; appeal; records of issuance and denial of licenses.

1. The Board may deny an application for a license topractice homeopathic medicine for any violation of the provisions of thischapter or the regulations adopted by the Board.

2. The Board shall notify an applicant of anydeficiency which prevents any further action on his application or results inthe denial of the application. The applicant may respond in writing to the Boardconcerning any deficiency and, if he does so, the Board shall respond inwriting to the contentions of the applicant.

3. An unsuccessful applicant may appeal to thedistrict court to review the action of the Board within 30 days after the dateof the rejection of his application by the Board. Upon appeal the applicant hasthe burden to show that the action of the Board is erroneous or unlawful.

4. The Board shall maintain records pertaining toapplicants to whom licenses have been issued or denied. The records must beopen to the public and must contain:

(a) The name of each applicant.

(b) The name of the school granting the diploma.

(c) The date of the diploma.

(d) The date of issuance or denial of the license.

(e) The business address of the applicant.

(Added to NRS by 1983, 1484; A 1985, 310; 1987, 2062)

NRS 630A.293 Advancedpractitioners of homeopathy: Certification; qualifications; authority.

1. The Board may grant a certificate as an advancedpractitioner of homeopathy to a person who has completed an educational programdesigned to prepare him to:

(a) Perform designated acts of medical diagnosis;

(b) Prescribe therapeutic or corrective measures; and

(c) Prescribe substances used in homeopathic medicine.

2. An advanced practitioner of homeopathy may:

(a) Engage in selected medical diagnosis and treatment;and

(b) Prescribe substances which are contained in theHomeopathic Pharmacopeia of the United States,

pursuant toa protocol approved by a supervising homeopathic physician. A protocol must notinclude, and an advanced practitioner of homeopathy shall not engage in, anydiagnosis, treatment or other conduct which he is not qualified to perform.

3. As used in this section, protocol means a writtenagreement between a homeopathic physician and an advanced practitioner ofhomeopathy which sets forth matters including the:

(a) Patients which the advanced practitioner ofhomeopathy may serve;

(b) Specific substances used in homeopathic medicinewhich the advanced practitioner of homeopathy may prescribe; and

(c) Conditions under which the advanced practitioner ofhomeopathy must directly refer the patient to the homeopathic physician.

(Added to NRS by 1995, 2796)

NRS 630A.295 Advancedpractitioners of homeopathy: Regulations of Board. TheBoard shall adopt regulations:

1. Specifying the training, education and experiencenecessary for certification as an advanced practitioner of homeopathy.

2. Delineating the authorized scope of practice of anadvanced practitioner of homeopathy.

3. Establishing the procedure for application forcertification as an advanced practitioner of homeopathy.

4. Establishing the duration, renewal and terminationof certificates for advanced practitioners of homeopathy.

5. Establishing requirements for the continuingeducation of advanced practitioners of homeopathy.

6. Delineating the grounds respecting disciplinaryactions against advanced practitioners of homeopathy.

(Added to NRS by 1995, 2797; A 2005, 761)

NRS 630A.297 Homeopathicassistant: Certification; authorized services; supervising homeopathicphysician.

1. The Board may issue a certificate as a homeopathicassistant to an applicant who is qualified under the regulations of the Boardto perform homeopathic services under the supervision of a supervisinghomeopathic physician. The application for the certificate must be cosigned bythe supervising homeopathic physician, and the certificate is valid only solong as that supervising homeopathic physician employs and supervises thehomeopathic assistant.

2. A homeopathic assistant may perform suchhomeopathic services as he is authorized to perform under the terms of thecertificate issued to him by the Board, if the services are performed under thesupervision and control of the supervising homeopathic physician.

3. A supervising homeopathic physician shall notcosign for, employ or supervise more than five homeopathic assistants at thesame time.

(Added to NRS by 1995, 2797)

NRS 630A.299 Homeopathicassistant: Regulations of Board. The Boardshall adopt regulations regarding the certification of a homeopathic assistant,including, but not limited to:

1. The educational and other qualifications ofapplicants.

2. The required academic program for applicants.

3. The procedures for applications for and theissuance of certificates.

4. The tests or examinations of applicants by theBoard.

5. The medical services which a homeopathic assistantmay perform, except that he may not perform those specific functions and dutiesdelegated or restricted by law to persons licensed as dentists, chiropractors,podiatric physicians, optometrists or hearing aid specialists under chapter 631, 634,635, 636 or 637A, respectively, of NRS.

6. The duration, renewal and termination ofcertificates.

7. The grounds respecting disciplinary actions againsthomeopathic assistants.

8. The supervision of a homeopathic assistant by asupervising homeopathic physician.

9. The establishment of requirements for thecontinuing education of homeopathic assistants.

(Added to NRS by 1995, 2797; A 2005, 761)

NRS 630A.310 Temporary,special and restricted licenses: Purposes; issuance; revocation.

1. Except as otherwise provided in NRS 630A.225, the Board may:

(a) Issue a temporary license, to be effective not morethan 6 months after issuance, to any homeopathic physician who is eligible fora permanent license in this State and who also is of good moral character andreputation. The purpose of the temporary license is to enable an eligiblehomeopathic physician to serve as a substitute for some other homeopathicphysician who is licensed to practice homeopathic medicine in this State, andwho is absent from his practice for reasons deemed sufficient by the Board. Atemporary license issued under the provisions of this paragraph is notrenewable.

(b) Issue a special license to a licensed homeopathicphysician of another state to come into Nevada to care for or assist in thetreatment of his own patients in association with a physician licensed in thisState. A special license issued under the provisions of this paragraph islimited to the care of a specific patient.

(c) Issue a restricted license for a specified periodif the Board determines the applicant needs supervision or restriction.

2. A person who is licensed pursuant to paragraph (a),(b) or (c) of subsection 1 shall be deemed to have given his consent to therevocation of the license at any time by the Board for any of the groundsprovided in NRS 630A.225 or 630A.340 to 630A.380, inclusive.

(Added to NRS by 1983, 1484; A 1987, 2062; 1991,1071)

NRS 630A.320 Limitedlicense for resident homeopathic physician in postgraduate program of clinicaltraining.

1. Except as otherwise provided in NRS 630A.225, the Board may issue to aqualified applicant a limited license to practice homeopathic medicine as aresident homeopathic physician in a postgraduate program of clinical trainingif:

(a) The applicant is a graduate of an accreditedmedical school in the United States or Canada or is a graduate of a foreignmedical school recognized by the Educational Commission for Foreign MedicalGraduates and:

(1) Is a citizen of the United States or islawfully entitled to remain and work in the United States; and

(2) Has completed 1 year of supervised clinicaltraining approved by the Board.

(b) The Board approves the program of clinicaltraining, and the medical school or other institution sponsoring the programprovides the Board with written confirmation that the applicant has beenappointed to a position in the program.

2. In addition to the requirements of subsection 1, anapplicant who is a graduate of a foreign medical school must have received thestandard certificate of the Educational Commission for Foreign MedicalGraduates.

3. The Board may issue this limited license for notmore than 1 year, but may renew the license.

4. The holder of this limited license may practicehomeopathic medicine only in connection with his duties as a resident physicianand shall not engage in the private practice of homeopathic medicine.

5. A limited license granted under this section may berevoked by the Board at any time for any of the grounds set forth in NRS 630A.225 or 630A.340 to 630A.380, inclusive.

(Added to NRS by 1983, 1484; A 1985, 1035; 1987,2063; 1991, 1071)

NRS 630A.325 Renewal:Requirements; suspension for failure to pay fee or submit certain information;notice to Federal Government.

1. To renew a license other than a temporary, specialor limited license issued pursuant to this chapter, each person must, on orbefore January 1 of each year:

(a) Apply to the Board for renewal;

(b) Pay the annual fee for renewal set by the Board;

(c) Submit evidence to the Board of his completion ofthe requirements for continuing education; and

(d) Submit all information required to complete therenewal.

2. The Board shall, as a prerequisite for the renewalor restoration of a license other than a temporary, special or limited license,require each holder of a license to comply with the requirements for continuingeducation adopted by the Board.

3. Any holder who fails to pay the annual fee forrenewal and submit all information required to complete the renewal after theybecome due must be given a period of 60 days in which to pay the fee and submitall required information and, failing to do so, automatically forfeits hisright to practice homeopathic medicine, and his license to practice homeopathicmedicine in this State is automatically suspended. The holder may, within 2years after the date his license is suspended, apply for the restoration of hislicense.

4. The Board shall notify any holder whose license isautomatically suspended pursuant to subsection 3 and send a copy of the noticeto the Drug Enforcement Administration of the United States Department ofJustice or its successor agency.

(Added to NRS by 1985, 546; A 1997, 2122; 2005, 2717, 2807)

NRS 630A.330 Fees.

1. Except as otherwise provided in subsection 6, eachapplicant for a license to practice homeopathic medicine must:

(a) Pay a fee of $500; and

(b) Pay the cost of obtaining such further evidence andproof of qualifications as the Board may require pursuant to subsection 2 of NRS 630A.240.

2. Each applicant for a certificate as an advancedpractitioner of homeopathy must:

(a) Pay a fee of $300; and

(b) Pay the cost of obtaining such further evidence andproof of qualifications as the Board may require pursuant to NRS 630A.295.

3. Each applicant for a certificate as a homeopathicassistant must pay a fee of $150.

4. Each applicant for a license or certificate whofails an examination and who is permitted to be reexamined must pay a fee notto exceed $400 for each reexamination.

5. If an applicant for a license or certificate doesnot appear for examination, for any reason deemed sufficient by the Board, theBoard may, upon request, refund a portion of the application fee not to exceed50 percent of the fee. There must be no refund of the application fee if anapplicant appears for examination.

6. Each applicant for a license issued under theprovisions of NRS 630A.310 or 630A.320 must pay a fee not to exceed$150, as determined by the Board, and must pay a fee of $100 for each renewalof the license.

7. The fee for the renewal of a license orcertificate, as determined by the Board, must not exceed $600 per year and mustbe collected for the year in which a physician, advanced practitioner ofhomeopathy or homeopathic assistant is licensed or certified.

8. The fee for the restoration of a suspended licenseor certificate is twice the amount of the fee for the renewal of a license orcertificate at the time of the restoration of the license or certificate.

(Added to NRS by 1983, 1485; A 1985, 310, 547, 1036;1987, 2063; 1995, 2799)

DISCIPLINARY ACTION

Preliminary Proceedings

NRS 630A.340 Groundsfor initiating disciplinary action or denying licensure: Unprofessionalconduct; criminal offenses; suspension or other modification of license inanother jurisdiction; surrender of license while under investigation; gross orrepeated malpractice; professional incompetence. Thefollowing acts, among others, constitute grounds for initiating disciplinaryaction or denying the issuance of a license:

1. Unprofessional conduct.

2. Conviction of:

(a) A violation of any federal or state law regulatingthe possession, distribution or use of any controlled substance or anydangerous drug as defined in chapter 454 ofNRS;

(b) A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310, or 616D.350 to 616D.440, inclusive;

(c) Any offense involving moral turpitude; or

(d) Any offense relating to the practice of homeopathicmedicine or the ability to practice homeopathic medicine.

A plea ofnolo contendere to any offense listed in this subsection shall be deemed aconviction.

3. The suspension, modification or limitation of alicense to practice any type of medicine by any other jurisdiction.

4. The surrender of a license to practice any type ofmedicine or the discontinuance of the practice of medicine while under investigationby any licensing authority, medical facility, facility for the dependent,branch of the Armed Forces of the United States, insurance company, agency ofthe Federal Government or employer.

5. Gross or repeated malpractice, which may beevidenced by claims of malpractice settled against a practitioner.

6. Professional incompetence.

(Added to NRS by 1983, 1486; A 1987, 1555, 2064;1991, 1072; 1993, 783; 2003,2708)

NRS 630A.350 Groundsfor initiating disciplinary action or denying licensure: False application forlicense; misrepresenting disease or injury for personal gain; falseadvertising; practicing under another name; signing blank prescription form;influencing patient to engage in sexual activity; discouraging second opinion;terminating care without adequate notice. Thefollowing acts, among others, constitute grounds for initiating disciplinaryaction or denying the issuance of a license:

1. Willfully making a false or fraudulent statement orsubmitting a forged or false document in applying for a license to practicehomeopathic medicine.

2. Willfully representing with the purpose ofobtaining compensation or other advantages for himself or for any other personthat a manifestly incurable disease or injury or other manifestly incurablecondition can be permanently cured.

3. Obtaining, maintaining or renewing, or attemptingto obtain, maintain or renew a license to practice homeopathic medicine bybribery, fraud or misrepresentation or by any false, misleading, inaccurate orincomplete statement.

4. Advertising the practice of homeopathic medicinein a false, deceptive or misleading manner.

5. Practicing or attempting to practice homeopathicmedicine under a name other than the name under which he is licensed.

6. Signing a blank prescription form.

7. Influencing a patient in order to engage in sexualactivity with the patient or another person.

8. Attempting directly or indirectly, by way of intimidation,coercion or deception, to obtain or retain a patient or to discourage a patientfrom obtaining a second opinion.

9. Terminating the medical care of a patient withoutgiving adequate notice or making other arrangements for the continued care of thepatient.

(Added to NRS by 1983, 1486; A 1987, 2064)

NRS 630A.360 Groundsfor initiating disciplinary action or denying licensure: Accepting compensationto influence evaluation or treatment; inappropriate division of fees; chargingfor services not rendered; aiding practice by unlicensed person; advertisingservices of unlicensed person; delegating responsibility to unqualified person;failing to disclose conflict of interest. Thefollowing acts, among others, constitute grounds for initiating disciplinaryaction or denying the issuance of a license:

1. Directly or indirectly receiving from any personany fee, commission, rebate or other form of compensation which tends or isintended to influence the physicians objective evaluation or treatment of apatient.

2. Dividing a fee between homeopathic physicians,unless the patient is informed of the division of fees and the division is madein proportion to the services personally performed and the responsibilityassumed by each homeopathic physician.

3. Charging for visits to the homeopathic physiciansoffice which did not occur or for services which were not rendered ordocumented in the records of the patient.

4. Employing, directly or indirectly, any suspended orunlicensed person in the practice of homeopathic medicine, or the aiding,abetting or assisting of any unlicensed person to practice homeopathic medicinecontrary to the provisions of this chapter or the regulations adopted by theBoard.

5. Advertising the services of an unlicensed person inthe practice of homeopathic medicine.

6. Delegating responsibility for the care of a patientto a person whom the homeopathic physician knows, or has reason to know, is notqualified to undertake that responsibility.

7. Failing to disclose to a patient any financial orother conflict of interest affecting the care of the patient.

(Added to NRS by 1983, 1486; A 1987, 2065)

NRS 630A.370 Groundsfor initiating disciplinary action or denying licensure: Inability to practice;deceptive conduct; harmful medical practices; unlawful administration ofcontrolled substance; unlawful abortion; practicing beyond scope of license;practicing experimental medicine without consent of patient; failure toexercise skill or diligence. The followingacts, among others, constitute grounds for initiating disciplinary action ordenying the issuance of a license:

1. Inability to practice homeopathic medicine withreasonable skill and safety because of an illness, a mental or physicalcondition or the use of alcohol, drugs, narcotics or any other addictivesubstance.

2. Engaging in any:

(a) Professional conduct which is intended to deceiveor which the Board by regulation has determined is unethical.

(b) Medical practice harmful to the public or anyconduct detrimental to the public health, safety or morals which does notconstitute gross or repeated malpractice or professional incompetence.

3. Administering, dispensing or prescribing anycontrolled substance, except as authorized by law.

4. Performing, assisting or advising an unlawfulabortion or in the injection of any liquid substance into the human body tocause an abortion.

5. Practicing or offering to practice beyond the scopepermitted by law, or performing services which the homeopathic physician knowsor has reason to know he is not competent to perform.

6. Performing any procedure without first obtainingthe informed consent of the patient or his family or prescribing any therapywhich by the current standards of the practice of homeopathic medicine isexperimental.

7. Continued failure to exercise the skill ordiligence or use the methods ordinarily exercised under the same circumstancesby physicians in good standing who practice homeopathy and electrodiagnosis.

(Added to NRS by 1983, 1487; A 1987, 1555, 2066)

NRS 630A.380 Groundsfor initiating disciplinary action or denying licensure: Willful disclosure ofprivileged communication; willful failure to comply with statute or regulationgoverning practice. The following acts, amongothers, constitute grounds for initiating disciplinary action or denying theissuance of a license:

1. Willful disclosure of a communication privilegedunder a statute or court order.

2. Willful failure to comply with any provision ofthis chapter, regulation, subpoena or order of the Board or with any courtorder relating to this chapter.

3. Willful failure to perform any statutory or otherlegal obligation imposed upon a licensed homeopathic physician.

(Added to NRS by 1983, 1487; A 1987, 2066)

NRS 630A.390 Filingof complaint; reporting of disciplinary action and findings.

1. Any person who becomes aware that a personpracticing medicine in this State has, is or is about to become engaged inconduct which constitutes grounds for initiating disciplinary action may file awritten complaint with the Board.

2. Any medical society or medical facility or facilityfor the dependent licensed in this State shall report to the Board theinitiation and outcome of any disciplinary action against any homeopathic physicianconcerning the care of a patient or the competency of the physician.

3. The clerk of every court shall report to the Boardany finding, judgment or other determination of the court that a homeopathicphysician:

(a) Is mentally ill;

(b) Is mentally incompetent;

(c) Has been convicted of a felony or any law relatingto controlled substances or dangerous drugs;

(d) Is guilty of abuse or fraud under any state orfederal program providing medical assistance; or

(e) Is liable for damages for malpractice ornegligence.

(Added to NRS by 1983, 1487; A 1987, 2067)

NRS 630A.400 Reviewof complaint; composition of committee; investigation; Board to transmitcertain complaints to Attorney General; Board review of committees findings.

1. The Board or a committee of its members designatedby the Board shall review every complaint filed with the Board and conduct aninvestigation to determine whether there is a reasonable basis for compelling ahomeopathic physician to take a mental or physical examination or anexamination of his competence to practice homeopathic medicine.

2. If a committee is designated, it must be composedof at least three members of the Board, at least one of whom is a licensedhomeopathic physician.

3. If, from the complaint or from other officialrecords, it appears that the complaint is not frivolous and the complaintcharges gross or repeated malpractice, the Board shall transmit the originalcomplaint, along with further facts or information derived from its own review,to the Attorney General.

4. Following the investigation, the committee shallpresent its evaluation and recommendations to the Board. The Board shall reviewthe committees findings to determine whether to take any further action, but amember of the Board who participated in the investigation may not participatein this review or in any subsequent hearing or action taken by the Board.

(Added to NRS by 1983, 1487; A 1987, 2067)

NRS 630A.410 Investigationof complaint by Attorney General; determination of Board concerning furtheraction.

1. The Attorney General shall conduct an investigationof each complaint transmitted to him to determine whether it warrantsproceedings for modification, suspension or revocation of license. If hedetermines that such further proceedings are warranted, he shall report theresults of his investigation together with his recommendation to the Board in amanner which does not violate the right of the person charged in the complaintto due process in any later hearing before the Board.

2. The Board shall promptly make a determination withrespect to each complaint reported to it by the Attorney General as to whataction shall be pursued. The Board shall:

(a) Dismiss the complaint; or

(b) Proceed with appropriate disciplinary action.

(Added to NRS by 1983, 1488)

NRS 630A.420 Mentalor physical examination; examination of competence to practice.

1. If the Board or its investigative committee hasreason to believe that the conduct of any homeopathic physician has raised areasonable question as to his competence to practice medicine with reasonableskill and safety to patients, it may order the homeopathic physician toundergo:

(a) A mental or physical examination; or

(b) An examination of his competence to practice homeopathicmedicine,

byphysicians or others designated by the Board to assist the Board in determiningthe fitness of the homeopathic physician to practice homeopathic medicine.

2. For the purposes of this section:

(a) Every homeopathic physician who applies for alicense or is licensed under this chapter shall be deemed to have given hisconsent to submit to a mental or physical examination or an examination of hiscompetence to practice homeopathic medicine when directed to do so in writingby the Board or an investigative committee of the Board.

(b) The testimony or reports of the examiningphysicians are not privileged communications.

3. Except in extraordinary circumstances, asdetermined by the Board, the failure of a homeopathic physician licensed underthis chapter to submit to an examination when directed as provided in thissection constitutes an admission of the charges against him.

(Added to NRS by 1983, 1488; A 1987, 2068)

NRS 630A.430 Examinationto determine medical competence. If the Boardhas reason to believe that the conduct of any homeopathic physician has raiseda reasonable question as to his competence to practice homeopathic medicinewith reasonable skill and safety to patients, the Board may order anexamination of the homeopathic physician to determine his fitness to practicehomeopathic medicine. When such action is taken, the reasons for the actionmust be documented and must be available to the homeopathic physician beingexamined.

(Added to NRS by 1983, 1488; A 1987, 2068)

NRS 630A.440 Limitationof time for completion of examination if Board issues order for summarysuspension of license. Notwithstanding theprovisions of chapter 622A of NRS, if theBoard issues an order summarily suspending the license of a homeopathicphysician pending proceedings for disciplinary action and requires thehomeopathic physician to submit to a mental or physical examination or anexamination of his competence to practice homeopathic medicine, the examinationmust be conducted and the results obtained not later than 60 days after theBoard issues its order.

(Added to NRS by 1983, 1488; A 1987, 2069; 2005, 761)

NRS 630A.450 Stayof summary suspension by court prohibited. Notwithstandingthe provisions of chapter 622A of NRS, ifthe Board issues an order summarily suspending the license of a homeopathicphysician pending proceedings for disciplinary action, the court shall not staythat order.

(Added to NRS by 1983, 1489; A 1987, 2069; 2005, 762)

NRS 630A.460 Injunctiverelief.

1. In addition to any other remedy provided by law,the Board, through its President or Secretary-Treasurer or the AttorneyGeneral, may apply to any court of competent jurisdiction to:

(a) Enjoin any prohibited act or other conduct of ahomeopathic physician which is harmful to the public;

(b) Enjoin any person who is not licensed under thischapter from practicing homeopathic medicine; or

(c) Limit a homeopathic physicians practice or suspendhis license to practice homeopathic medicine.

2. The court in a proper case may issue a temporaryrestraining order or a preliminary injunction for the purposes of subsection 1:

(a) Without proof of actual damage sustained by anyperson;

(b) Without relieving any person from criminal prosecutionfor engaging in the practice of homeopathic medicine without a license; and

(c) Pending proceedings for disciplinary action by theBoard.

(Added to NRS by 1983, 1489; A 1987, 2069)

Disciplinary Proceedings

NRS 630A.480 Commencementof disciplinary proceedings required for certain violations of IndustrialInsurance Act. Notwithstanding the provisionsof chapter 622A of NRS, if the Boardreceives a report pursuant to subsection 5 of NRS228.420, a disciplinary proceeding regarding the report must be commencedwithin 30 days after the Board receives the report.

(Added to NRS by 1983, 1489; A 1987, 2069; 1993, 784;2005, 762)

NRS 630A.490 Serviceof process. Except as otherwise provided in chapter 622A of NRS:

1. Service of process made under this chapter must beeither personal or by registered or certified mail with return receiptrequested, addressed to the homeopathic physician at his last known address. Ifpersonal service cannot be made and if notice by mail is returned undelivered,the Secretary-Treasurer of the Board shall cause notice to be published once aweek for 4 consecutive weeks in a newspaper published in the county of thehomeopathic physicians last known address or, if no newspaper is published inthat county, then in a newspaper widely distributed in that county.

2. Proof of service of process or publication ofnotice made under this chapter must be filed with the Board and recorded in theminutes of the Board.

(Added to NRS by 1983, 1489; A 1987, 2070; 2005, 762)

NRS 630A.500 Requirementsfor proof. Notwithstanding the provisions of chapter 622A of NRS, in any disciplinaryhearing:

1. Proof of actual injury need not be established.

2. A certified copy of the record of a court or alicensing agency showing a conviction or plea of nolo contendere or thesuspension, revocation, limitation, modification, denial or surrender of alicense to practice homeopathic medicine is conclusive evidence of itsoccurrence.

(Added to NRS by 1983, 1490; A 1987, 2070; 2005, 762)

NRS 630A.510 Finalorder of Board; disciplinary actions available to Board; private reprimandsprohibited; orders imposing discipline deemed public records.

1. Any member of the Board who was not a member of theinvestigative committee, if one was appointed, may participate in the finalorder of the Board. If the Board, after notice and a hearing as required bylaw, determines that a violation of the provisions of this chapter or theregulations adopted by the Board has occurred, it shall issue and serve on theperson charged an order, in writing, containing its findings and any sanctionsimposed by the Board. If the Board determines that no violation has occurred,it shall dismiss the charges, in writing, and notify the person that thecharges have been dismissed.

2. If the Board finds that a violation has occurred,it may by order:

(a) Place the person on probation for a specifiedperiod on any of the conditions specified in the order.

(b) Administer to the person a public reprimand.

(c) Limit the practice of the person or exclude amethod of treatment from the scope of his practice.

(d) Suspend the license of the person for a specifiedperiod or until further order of the Board.

(e) Revoke the license of the person to practicehomeopathic medicine.

(f) Require the person to participate in a program tocorrect a dependence upon alcohol or a controlled substance, or any otherimpairment.

(g) Require supervision of the persons practice.

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

(i) Require the person to perform community servicewithout compensation.

(j) Require the person to take a physical or mentalexamination or an examination of his competence to practice homeopathicmedicine.

(k) Require the person to fulfill certain training oreducational requirements.

3. The Board shall not administer a private reprimand.

4. An order that imposes discipline and the findingsof fact and conclusions of law supporting that order are public records.

(Added to NRS by 1983, 1490; A 1987, 2070; 1993, 885;2001 SpecialSession, 154; 2003,3437; 2005, 763)

NRS 630A.520 Judicialreview of Boards final order; stay of order pending final determinationprohibited.

1. Any person aggrieved by a final order of the Boardis entitled to judicial review of the Boards order as provided by law.

2. Every order of the Board which limits the practiceof homeopathic medicine or suspends or revokes a license is effective from thedate the Secretary-Treasurer of the Board certifies the order until the datethe order is modified or reversed by a final judgment of the court. The courtshall not stay the order of the Board pending a final determination by thecourt.

3. The district court shall give a petition forjudicial review of the Boards order priority over other civil matters whichare not expressly given priority by law.

(Added to NRS by 1983, 1490; A 1987, 2071; 2005, 763)

NRS 630A.530 Reinstatementof license.

1. Any person:

(a) Whose practice of homeopathic medicine has beenlimited; or

(b) Whose license to practice homeopathic medicine hasbeen:

(1) Suspended until further order; or

(2) Revoked,

may apply tothe Board for removal of the limitation or suspension or may apply to the Boardpursuant to the provisions of chapter 622Aof NRS for reinstatement of his revoked license.

2. In hearing the application, the Board or acommittee of members of the Board:

(a) May require the applicant to submit to a mental orphysical examination or an examination of his competence to practicehomeopathic medicine by physicians or other persons whom it designates andsubmit such other evidence of changed conditions and of fitness as it deemsproper.

(b) Shall determine whether under all the circumstancesthe time of the application is reasonable.

(c) May deny the application or modify or rescind itsorder as it deems the evidence and the public safety warrants.

3. The applicant has the burden of proving by clearand convincing evidence that the requirements for reinstatement of the licenseor removal of the limitation or suspension have been met.

4. The Board shall not reinstate a license unless itis satisfied that the applicant has complied with all of the terms andconditions set forth in the final order of the Board and that he is capable ofpracticing homeopathic medicine with reasonable skill and safety to patients.

5. In addition to any other requirements set forth in chapter 622A of NRS, to reinstate a licensethat has been revoked by the Board, a person must apply for a license and takean examination as though he had never been licensed under this chapter.

(Added to NRS by 1983, 1490; A 1987, 2071; 2005, 763)

Miscellaneous Provisions

NRS 630A.540 Immunityfrom civil liability. In addition to any otherimmunity provided by the provisions of chapter622A of NRS:

1. Any person who furnishes information to the Board,in good faith and without malicious intent in accordance with the provisions ofthis chapter, concerning a person who is licensed or certified or applies for alicense or certificate under this chapter is immune from civil liability forfurnishing that information.

2. The Board and its members, staff, counsel,investigators, experts, committees, panels, hearing officers and consultantsare immune from civil liability for any decision or action taken in good faithand without malicious intent in response to information received by the Board.

3. The Board and any of its members are immune fromcivil liability for disseminating information concerning a person who islicensed or certified or applies for a license or certificate under thischapter to the Attorney General or any board or agency of the State, hospital,medical society, insurer, employer, patient or his family or law enforcementagency.

(Added to NRS by 1983, 1491; A 1987, 2072; 1995,2800; 2005, 764)

NRS 630A.543 Suspensionof license or certificate for failure to pay child support or comply withcertain subpoenas or warrants; reinstatement of license or certificate.[Expires by limitation 2 years after the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings.]

1. If theBoard receives a copy of a court order issued pursuant to NRS 425.540 that provides for thesuspension of all professional, occupational and recreational licenses,certificates and permits issued to a person who is the holder of a license topractice homeopathic medicine or a certificate to practice as an advancedpractitioner of homeopathy or as a homeopathic assistant, the Board shall deemthe license or certificate issued to that person to be suspended at the end ofthe 30th day after the date on which the court order was issued unless theBoard receives a letter issued to the holder of the license or certificate bythe district attorney or other public agency pursuant to NRS 425.550 stating that the holder of thelicense or certificate has complied with the subpoena or warrant or hassatisfied the arrearage pursuant to NRS425.560.

2. TheBoard shall reinstate a license to practice homeopathic medicine or acertificate to practice as an advanced practitioner of homeopathy or ahomeopathic assistant that has been suspended by a district court pursuant to NRS 425.540 if:

(a) TheBoard receives a letter issued by the district attorney or other public agencypursuant to NRS 425.550 to the personwhose license or certificate was suspended stating that the person whoselicense or certificate was suspended has complied with the subpoena or warrantor has satisfied the arrearage pursuant to NRS425.560; and

(b) The person whose license or certificate wassuspended pays the fee prescribed in NRS630A.330 for the reinstatement of a suspended license or certificate.

(Added to NRS by 1997, 2121; A 2005, 2807)

NRS 630A.545 Proceduralrequirements same for disciplinary action taken by hearing officer or panel;decision of hearing officer or panel relating to administrative fine is finaldecision in contested case.

1. Any disciplinary action taken by a hearing officeror panel pursuant to NRS 630A.160 issubject to the same procedural requirements which apply to disciplinary actionstaken by the Board, and the officer or panel has the powers and duties given tothe Board in relation thereto.

2. A decision of a hearing officer or panel relatingto the imposition of an administrative fine is a final decision in a contestedcase.

(Added to NRS by 1995, 2798)

NRS 630A.550 Disciplinaryaction does not preclude limitation or termination of privileges of licensee orholder of certificate or criminal prosecution; immunity from civil liability. The filing and review of a complaint, its dismissalwithout further action or its transmittal to the Attorney General, and anysubsequent disposition by the Board, the Attorney General or any reviewingcourt do not preclude:

1. Any measure by a hospital or other institution ormedical society to limit or terminate the privileges of a homeopathicphysician, advanced practitioner of homeopathy or homeopathic assistantaccording to its rules or the custom of the profession. No civil liabilityattaches to any such action taken without malice even if the ultimatedisposition of the complaint is in favor of the homeopathic physician, advancedpractitioner of homeopathy or homeopathic assistant.

2. Any appropriate criminal prosecution by theAttorney General or a district attorney based upon the same or other facts.

(Added to NRS by 1983, 1491; A 1995, 2800)

NRS 630A.555 Confidentialityof certain records of Board; exceptions.

1. Except as otherwise provided in this section, acomplaint filed with the Board, all documents and other information filed withthe complaint and all documents and other information compiled as a result ofan investigation conducted to determine whether to initiate disciplinary actionagainst a person are confidential, unless the person submits a writtenstatement to the Board requesting that such documents and information be madepublic records.

2. The charging documents filed with the Board toinitiate disciplinary action pursuant to chapter622A of NRS and all documents and information considered by the Board whendetermining whether to impose discipline are public records.

3. The provisions of this section do not prohibit theBoard from communicating or cooperating with or providing any documents orother information to any other licensing board or any other agency that isinvestigating a person, including, without limitation, a law enforcementagency.

(Added to NRS by 1995, 504; A 2003, 3438; 2005, 764)

UNLAWFUL ACTS; PENALTIES

NRS 630A.560 Prosecutionof violators; employment of investigators. Ina manner consistent with the provisions of chapter622A of NRS, the Board is authorized to prosecute all persons guilty ofviolation of the provisions of this chapter and may employ investigators andsuch other assistants as may be necessary to carry out the provisions of thischapter and chapter 622A of NRS, but anyexpenses so incurred must not be paid out of the State General Fund.

(Added to NRS by 1983, 1491; A 2005, 765)

NRS 630A.570 Injunctiverelief against person practicing without license or certificate.

1. The Board through its President orSecretary-Treasurer or the Attorney General may maintain in any court ofcompetent jurisdiction a suit for an injunction against any person or personspracticing homeopathic medicine without a license or certificate.

2. Such an injunction:

(a) May be issued without proof of actual damagesustained by any person, this provision being a preventive as well as apunitive measure.

(b) Does not relieve such person from criminalprosecution for practicing without a license or certificate.

(Added to NRS by 1983, 1491; A 1995, 2800)

NRS 630A.580 Sufficiencyof allegations of complaint seeking injunctive relief.In seeking injunctive relief against any person for an allegedviolation of this chapter by practicing homeopathic medicine without a licenseor certificate, it is sufficient to allege that he did, upon a certain day, andin a certain county of this State, engage in the practice of homeopathicmedicine without having a license or certificate to do so, without alleging anyfurther or more particular facts concerning the matter.

(Added to NRS by 1983, 1491; A 1987, 2073; 1995,2800)

NRS 630A.590 Penaltyfor certain violations. A person who:

1. Presents to the Board as his own the diploma,license, certificate or credentials of another;

2. Gives either false or forged evidence of any kindto the Board;

3. Practices homeopathic medicine under a false orassumed name; or

4. Except as otherwise provided in NRS 629.091, practices homeopathic medicinewithout being licensed or certified under this chapter,

is guilty ofa category D felony and shall be punished as provided in NRS 193.130.

(Added to NRS by 1983, 1492; A 1985, 311; 1987, 2073;1995, 750, 1310, 1333, 2800)

NRS 630A.600 Penaltyfor practicing without license or certificate. Exceptas otherwise provided in NRS 629.091, aperson who practices homeopathic medicine without a license or certificateissued pursuant to this chapter is guilty of a category D felony and shall bepunished as provided in NRS 193.130.

(Added to NRS by 1983, 1492; A 1995, 750, 1310, 1333,2801)

NEVADA INSTITUTIONAL REVIEW BOARD

General Provisions

NRS 630A.800 Definitions. As used in NRS630A.800 to 630A.910, inclusive,unless the context otherwise requires, the words and terms defined in NRS 630A.815, 630A.825 and 630A.835 have the meanings ascribed tothem in those sections.

(Added to NRS by 2005, 2523)

NRS 630A.815 Practitionerdefined. Practitioner means:

1. A homeopathic physician licensed pursuant to thischapter;

2. A physician licensed pursuant to chapter 630 of NRS; or

3. An osteopathic physician licensed pursuant to chapter 633 of NRS.

(Added to NRS by 2005, 2523)

NRS 630A.825 Researchstudy defined.

1. Research study means any research, study or trialusing devices, therapies or substances regulated by the Board of HomeopathicMedical Examiners, or any combination of those devices, therapies orsubstances, in a manner that is considered to be a form of alternative orcomplementary integrative medicine.

2. The term does not include any research, study ortrial described in NRS 630A.855.

(Added to NRS by 2005, 2523)

NRS 630A.835 Researcherdefined.

1. Researcher means a practitioner who intends toundertake or is undertaking a research study.

2. The term does not include a practitioner whointends to undertake or is undertaking any research, study or trial describedin NRS 630A.855.

(Added to NRS by 2005, 2523)

NRS 630A.855 Applicability. The provisions of NRS630A.800 to 630A.910, inclusive,do not apply to any research, study or trial that is conducted under theauspices of a federally qualified institutional review board and in accordancewith applicable federal statutes.

(Added to NRS by 2005, 2524)

Organization and Administration

NRS 630A.865 Creation;supervision; appointment of members; period of service; vacancies; per diemallowance and travel expenses; quorum; officers; meetings; rules of procedure.

1. The Nevada Institutional Review Board is herebycreated.

2. The Nevada Institutional Review Board shall beunder the supervision of the Board of Homeopathic Medical Examiners.

3. The Nevada Institutional Review Board consists ofseven members appointed as follows:

(a) After consultation with organizations in Nevadarepresenting medical disciplines, the Board of Homeopathic Medical Examinersshall appoint four members who represent various medical disciplines in Nevada.

(b) Three members who are lay members of the generalpublic and residents of Nevada and who are not licensed in any medicaldiscipline must be appointed as follows:

(1) One member appointed by the Governor;

(2) One member appointed by the Majority Leaderof the Senate; and

(3) One member appointed by the Speaker of theAssembly.

4. The members of the Nevada Institutional ReviewBoard serve at the pleasure of the appointing authority. A vacancy on the NevadaInstitutional Review Board must be filled by the appointing authority in the samemanner as the original appointment.

5. The members of the Nevada Institutional ReviewBoard are entitled to receive, out of the money coming into the possession ofthe Nevada Institutional Review Board, a per diem allowance and travelexpenses, as fixed by the Nevada Institutional Review Board.

6. Four members of the Nevada Institutional ReviewBoard constitute a quorum. A quorum may exercise all the power and authorityconferred on the Nevada Institutional Review Board.

7. The Nevada Institutional Review Board shall electofficers from within its membership, fix the time and place of its meetings andadopt rules of procedure as it deems necessary to carry out its duties.

(Added to NRS by 2005, 2524)

NRS 630A.870 Oath. Before entering upon the duties of his office, each memberof the Nevada Institutional Review Board shall take:

1. The constitutional oath or affirmation of office;and

2. An oath or affirmation that he is legally qualifiedto serve on the Nevada Institutional Review Board.

(Added to NRS by 2005, 2524)

NRS 630A.875 Fundingof Review Board; limitations.

1. Except as otherwise provided in subsection 3, theNevada Institutional Review Board may be funded by:

(a) A nonprofit organization, created by the Board ofHomeopathic Medical Examiners, which is exempt from taxation pursuant to 26U.S.C. 501(c)(3); and

(b) Grants, gifts, appropriations or donations toassist the Nevada Institutional Review Board in carrying out its dutiespursuant to the provisions of NRS 630A.800to 630A.910, inclusive.

2. Any money received by the Nevada InstitutionalReview Board must be placed with the financial institutions described in NRS 630A.880.

3. The Nevada Institutional Review Board may not befunded by any money from:

(a) The sponsor of any research study; or

(b) The manufacturer of any device, drug or othersubstance regulated by the Board of Homeopathic Medical Examiners.

(Added to NRS by 2005, 2525)

NRS 630A.880 Depositand use of money received by Review Board.

1. All money received by the Nevada InstitutionalReview Board must be deposited in financial institutions in this State that arefederally insured or insured by a private insurer approved pursuant to NRS 678.755. The money must be keptseparate from any money to be used by or for the Board of Homeopathic MedicalExaminers.

2. The deposited money must only be used to carry outthe activities of the Nevada Institutional Review Board and to pay the expensesincurred by the Nevada Institutional Review Board in the discharge of itsduties.

(Added to NRS by 2005, 2525)

Regulation of Research Studies

NRS 630A.900 Adoptionof regulations.

1. The Nevada Institutional Review Board shall adoptregulations to carry out the provisions of NRS630A.800 to 630A.910, inclusive.

2. All regulations adopted by the Nevada InstitutionalReview Board must be approved by the Board of Homeopathic Medical Examiners.

(Added to NRS by 2005, 2524)

NRS 630A.905 Administrativepowers and duties.

1. The Nevada Institutional Review Board shall:

(a) Review proposals for research studies and oversee,review and control all research studies it has approved;

(b) Evaluate, determine and act upon the safety,efficacy, reimbursement and availability of diagnostic devices, substances,other modalities, therapies and methods of treatment used in such researchstudies; and

(c) Analyze, coordinate and integrate the diagnostictechniques and treatments related to alternative and complementary integrativemedicine with the diagnostic techniques and treatments of other health carepractices.

2. The Nevada Institutional Review Board shalloversee, review and control any research studies which it has approved andwhich involve the use of human research subjects and any related issues,including, without limitation:

(a) The qualifications required for conducting suchresearch studies;

(b) The proper clinical outcome to be attributed tosuch research studies; and

(c) The safety, efficacy, reimbursement andavailability of diagnostic devices, substances, other modalities, therapies andmethods of treatment used in such research studies.

3. The Nevada Institutional Review Board shallevaluate:

(a) The social and economic impact of the researchstudies it has approved; and

(b) The relationship between alternative andcomplementary integrative medicine and other health care practices.

4. The Nevada Institutional Review Board shall:

(a) Keep a record of all transactions and provide theBoard of Homeopathic Medical Examiners, the Board of Medical Examiners and theState Board of Osteopathic Medicine with quarterly reports of all transactions;and

(b) Make any additional reports or recommendations tothe Board of Homeopathic Medical Examiners as the Board of Homeopathic MedicalExaminers requires.

5. The Nevada Institutional Review Board isaccountable to the Board of Homeopathic Medical Examiners for all theactivities of the Nevada Institutional Review Board.

(Added to NRS by 2005, 2525)

NRS 630A.910 Requirementsgoverning researchers and research studies.

1. A researcher who intends to undertake a researchstudy must submit a proposal for the research study to the Nevada InstitutionalReview Board for its review and approval.

2. A researcher shall not undertake a research studyunless the proposal for the research study has been approved by the NevadaInstitutional Review Board.

(Added to NRS by 2005, 2524)

 

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