2005 Nevada Revised Statutes - Chapter 634A — Oriental Medicine

CHAPTER 634A - ORIENTAL MEDICINE

GENERAL PROVISIONS

NRS 634A.010 Legislativedeclaration.

NRS 634A.020 Definitions.

STATE BOARD OF ORIENTAL MEDICINE

NRS 634A.030 Creation;number and appointment of members; oaths.

NRS 634A.040 Qualificationsof members.

NRS 634A.050 Compensationof members and employees.

NRS 634A.060 Officers.

NRS 634A.070 Powers.

NRS 634A.080 Generalduties.

NRS 634A.085 Dutiesof Board concerning written complaints; Attorney General to conductinvestigation of nonfrivolous complaint; prompt determination required byBoard.

NRS 634A.090 Approvalof schools of Oriental medicine.

LICENSING AND DISCIPLINE

NRS 634A.110 Application;fees.

NRS 634A.115 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license; duty of Board. [Effective until the date of the repeal ofthe federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

NRS 634A.115 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license; duty of Board. [Effective on the date of the repeal of thefederal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings and expires bylimitation 2 years after that date.]

NRS 634A.120 Examinations:National examination; practical examination; times; cancelled examinations;reexamination.

NRS 634A.140 Issuanceof license to practice as doctor of Oriental medicine.

NRS 634A.160 Displayof licenses; annual fee for license; suspension and reinstatement of license.

NRS 634A.165 Issuanceof temporary certificates for lecturing or educational seminars.

NRS 634A.167 Requirementsfor renewal; duty of Board to require continuing education for renewal orreinstatement.

NRS 634A.170 Suspension,revocation or refusal of license: Grounds.

NRS 634A.175 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation 2 years after thedate 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 634A.180 Commencementof disciplinary proceedings required for certain violations of IndustrialInsurance Act.

NRS 634A.185 Confidentialityof certain records of Board; exceptions.

MISCELLANEOUS PROVISIONS

NRS 634A.190 Licenseesnot subject to chapter 630 of NRS; referenceto licensee as physician of Oriental medicine.

NRS 634A.200 Applicabilityof chapter.

NRS 634A.210 Reportingvital statistics.

UNLAWFUL ACTS; PENALTIES

NRS 634A.225 Seminarsnot in accordance with Boards regulations prohibited; penalty.

NRS 634A.230 Practicewithout license prohibited; penalty.

NRS 634A.240 Injunctiverelief.

NRS 634A.250 Administrativefines.

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GENERAL PROVISIONS

NRS 634A.010 Legislativedeclaration. The practice of Oriental medicineand any branch thereof is hereby declared to be a learned profession, affectingpublic safety and welfare and charged with the public interest, and thereforesubject to protection and regulation by the State.

(Added to NRS by 1973, 635; A 1975, 231; 1991, 1127)

NRS 634A.020 Definitions. As used in this chapter, unless the context otherwiserequires:

1. Acupuncture means the insertion of needles intothe human body by piercing the skin of the body to control and regulate theflow and balance of energy in the body and to cure, relieve or palliate:

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

(b) Any wound, bodily injury or deformity.

2. Board means the State Board of Oriental Medicine.

3. Doctor of Oriental medicine means a person who islicensed under the provisions of this chapter to practice as a doctor ofOriental medicine.

4. Herbal medicine and practice of herbal medicinemean suggesting, recommending, prescribing or directing the use of herbs forthe cure, relief or palliation of any ailment or disease of the mind or body,or for the cure or relief of any wound, bodily injury or deformity.

5. Herbs means plants or parts of plants valued formedicinal qualities.

6. Oriental medicine means that system of thehealing art which places the chief emphasis on the flow and balance of energyin the body mechanism as being the most important single factor in maintainingthe well-being of the organism in health and disease. The term includes thepractice of acupuncture and herbal medicine and other services approved by theBoard.

(Added to NRS by 1973, 635; A 1975, 231; 1981, 1289;1991, 1127; 2001,1104)

STATE BOARD OF ORIENTAL MEDICINE

NRS 634A.030 Creation;number and appointment of members; oaths.

1. The State Board of Oriental Medicine, consisting offive members appointed by the Governor, is hereby created.

2. Each member of the Board shall, before enteringupon the duties of his office, take the oath of office prescribed by theConstitution before someone qualified to administer oaths.

(Added to NRS by 1973, 636; A 1975, 232; 1981, 70;1989, 815; 2003, 1639)

NRS 634A.040 Qualifications of members.

1. The Governor shall appoint three members to theBoard who:

(a) Have a license issued pursuant to this chapter;

(b) Currently engage in the practice of Orientalmedicine in this State, and have engaged in the practice of Oriental medicinein this State for at least 3 years preceding appointment to the Board;

(c) Are citizens of the United States; and

(d) Are residents of the State of Nevada and have beenfor at least 1 year preceding appointment to the Board.

2. The Governor shall appoint one member to the Boardwho:

(a) Is licensed pursuant to chapter630 of NRS by the Board of Medical Examiners as a physician;

(b) Does not engage in the administration of a facilityfor Oriental medicine or a school for Oriental medicine;

(c) Does not have a pecuniary interest in any matterpertaining to Oriental medicine, except as a patient or potential patient;

(d) Is a citizen of the United States; and

(e) Is a resident of the State of Nevada and has beenfor at least 1 year preceding appointment to the Board.

3. The Governor shall appoint one member to the Boardwho:

(a) Does not engage in the administration of a facilityfor Oriental medicine or a school for Oriental medicine;

(b) Does not have a pecuniary interest in any matterpertaining to Oriental medicine, except as a patient or potential patient;

(c) Is a citizen of the United States; and

(d) Is a resident of the State of Nevada and has beenfor at least 1 year preceding appointment to the Board.

(Added to NRS by 1973, 636; A 2003, 1639)

NRS 634A.050 Compensationof members and employees.

1. 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.

(Added to NRS by 1973, 636; A 1975, 304; 1981, 1993;1989, 1698)

NRS 634A.060 Officers. The Board shall annually elect from its members aPresident, Vice President and Secretary-Treasurer, and may fix and pay a salaryto the Secretary-Treasurer.

(Added to NRS by 1973, 636)

NRS 634A.070 Powers. The Board may:

1. Employ attorneys, investigators and otherprofessional consultants and clerical personnel necessary to discharge itsduties. To conduct its examinations, the Board may call to its aid persons ofestablished reputation and known ability in Oriental medicine.

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

3. Adopt regulations not inconsistent with theprovisions of this chapter. The regulations may include a code of ethicsregulating the professional conduct of licensees.

4. Compel the attendance of witnesses and the productionof evidence by subpoena.

(Added to NRS by 1973, 636; A 1975, 232; 1981, 100;1991, 1127)

NRS 634A.080 Generalduties. The Board shall:

1. Hold meetings at least once a year and at any othertime at the request of the President or the majority of the members;

2. Have and use a common seal;

3. Deposit in interest-bearing accounts in the Stateof Nevada all money received under the provisions of this chapter, which mustbe used to defray the expenses of the Board;

4. Establish and maintain a list of accredited schoolsand colleges of Oriental medicine that are approved by the Board;

5. Operate on the basis of the fiscal year beginningJuly 1 and ending June 30; and

6. Keep a record of its proceedings which must be opento the public at all times and which must contain the name and business addressof every registered licensee in this State.

(Added to NRS by 1973, 636; A 2001, 1104)

NRS 634A.085 Dutiesof Board concerning written complaints; Attorney General to conductinvestigation of nonfrivolous complaint; prompt determination required byBoard.

1. If a written complaint regarding a licensee isfiled with the Board, the Board shall review the complaint. If, from thecomplaint or from other records, it appears that the complaint is notfrivolous, the Board shall transmit the original complaint and any facts orinformation obtained from the review to the Attorney General.

2. The Attorney General shall conduct an investigationof the complaint to determine whether it warrants proceedings for themodification, suspension or revocation of the license. If the Attorney Generaldetermines that further proceedings are warranted, he shall report the resultsof his investigation and his recommendation to the Board.

3. The Board shall promptly make a determination withrespect to each complaint reported to it by the Attorney General. The Boardshall:

(a) Dismiss the complaint; or

(b) Proceed with appropriate disciplinary action.

(Added to NRS by 2001, 1103)

NRS 634A.090 Approvalof schools of Oriental medicine.

1. A school or college of Oriental medicine may beestablished and maintained in this State only if:

(a) Its establishment is approved by the Board; and

(b) Its curriculum is approved annually by the Boardfor content and quality of instruction in accordance with the requirements ofthis chapter.

2. The Board may prescribe the course of studyrequired for the degree of doctor of Oriental medicine.

(Added to NRS by 1973, 635; A 1975, 233; 1991, 1128; 2001, 1104)

LICENSING AND DISCIPLINE

NRS 634A.110 Application;fees.

1. An applicant for examination for a license topractice Oriental medicine, or any branch thereof, shall:

(a) Submit an application to the Board on formsprovided by the Board;

(b) Submit satisfactory evidence that he is 21 years orolder and meets the appropriate educational requirements;

(c) Submit with the application a complete set of hisfingerprints which the Board may forward to the Central Repository for NevadaRecords of Criminal History for submission to the Federal Bureau ofInvestigation for its report;

(d) Pay a fee established by the Board of not more than$1,000; and

(e) Pay any fees required by the Board for aninvestigation of the applicant or for the services of a translator, if thetranslator is required to enable the applicant to take the examination.

2. An application submitted to the Board pursuant tosubsection 1 must include all information required to complete the application.

(Added to NRS by 1973, 637; A 1975, 233; 1991, 1128;1997, 2133; 2003,2861; 2005, 2731,2807)

NRS 634A.115 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license; duty of Board. [Effective until the date of the repeal ofthe federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses 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 issuedpursuant to this chapter shall include the social security number of theapplicant in the application submitted to the Board.

(b) An applicant for the issuance or renewal of alicense issued pursuant to this chapter shall submit to the Board the statementprescribed by the Division of Welfare and Supportive Services of the Departmentof Health and Human Services pursuant to NRS425.520. The statement must be completed 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

(b) A separate form prescribed by the Board.

3. A license may not be issued or renewed by the Boardpursuant to this chapter if the applicant:

(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, 2132; A 2005, 2731, 2807)

NRS 634A.115 Payment of child support: Submissionof certain information by applicant; grounds for denial of license; duty ofBoard. [Effective on the date of the repeal of the federal law requiring eachstate to establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings and expires by limitation 2 years after thatdate.]

1. In addition to any other requirements set forth inthis chapter, an applicant for the issuance or renewal of a license issuedpursuant to this chapter shall submit to the Board the statement prescribed bythe Division of Welfare and Supportive Services of the Department of Health andHuman Services pursuant to NRS 425.520.The statement must be completed 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

(b) A separate form prescribed by the Board.

3. A license may not be issued or renewed by the Boardpursuant to this chapter if the applicant:

(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, 2132; A 2005, 2731, 2732, 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)

NRS634A.120 Examinations: National examination; practical examination;times; cancelled examinations; reexamination.

1. Each applicant for a license to practice as adoctor of Oriental medicine must pass:

(a) An examination in Oriental medicine that isadministered by a national organization approved by the Board; and

(b) A practical examination approved by the Board thattests the applicants knowledge and understanding of:

(1) Basic medical science;

(2) Acupuncture;

(3) Herbal medicine;

(4) Oriental medicine;

(5) English proficiency; and

(6) The laws and regulations of this Staterelating to health and safety in the practice of Oriental medicine.

2. The Board may establish by regulation:

(a) Additional subject areas to be included in thepractical examination; and

(b) Specific methods for the administration of thepractical examination, including, but not limited to, written, oral,demonstrative, practical or any combination thereof.

3. The Board shall contract for the preparation,administration and grading of the practical examination.

4. Except as otherwise provided in subsection 5, theBoard shall offer the practical examination at least two times each year at atime and place established by the Board.

5. The Board may cancel a scheduled practicalexamination if, within 60 days before the examination, the Board has notreceived a request to take the examination.

6. A person who fails the practical examination mayretake the examination.

(Added to NRS by 1973, 637; A 1975, 233; 1981, 1290;1991, 1128; 2001,1105; 2003, 1640)

NRS 634A.140 Issuanceof license to practice as doctor of Oriental medicine.The Board shall issue a license to practice as a doctor of Orientalmedicine to an applicant who:

1. Has:

(a) Successfully completed an accredited 4-year programof study, or its equivalent, in Oriental medicine at a school or college ofOriental medicine that is approved by the Board;

(b) Earned a bachelors degree from an accreditedcollege or university in the United States;

(c) Passed an investigation of his background and personalhistory conducted by the Board; and

(d) Passed the examinations required by NRS 634A.120; or

2. Has:

(a) Successfully completed a 4-year program of study,or its equivalent, in Oriental medicine at a school or college of Orientalmedicine that is approved by the Board;

(b) Lawfully practiced Oriental medicine in anotherstate or foreign country for at least 4 years;

(c) Passed an investigation of his background andpersonal history conducted by the Board; and

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

(Added to NRS by 1973, 637; A 1975, 234, 1814; 1981,1290; 1991, 1128; 2001,1105, 2416)

NRS 634A.160 Displayof licenses; annual fee for license; suspension and reinstatement of license.

1. Every license must be displayed in the office,place of business or place of employment of the holder thereof.

2. Every person holding a license shall pay to theBoard on or before February 1 of each year, the annual fee for a licenserequired pursuant to subsection 4. The holder of a license shall submit withthe fee all information required to complete the renewal of the license. If theholder of a license fails to pay the fee or submit all required information,his license must be suspended. The license may be reinstated by payment of therequired fee and submission of all required information within 90 days afterFebruary 1.

3. A license which is suspended for more than 3 monthsunder the provisions of subsection 2 may be cancelled by the Board after 30days notice to the holder of the license.

4. The annual fee for a license must be prescribedannually by the Board and must not exceed $1,000.

(Added to NRS by 1973, 638; A 1975, 234; 1979, 959;1981, 1291; 1991, 1129; 1997, 2133; 2001, 1105; 2005, 2732, 2807)

NRS 634A.165 Issuanceof temporary certificates for lecturing or educational seminars.

1. The Board may adopt regulations for the issuance oftemporary certificates to persons not licensed pursuant to this chapter. Atemporary certificate may be issued:

(a) In connection with a bona fide educational seminarconcerning Oriental medicine or acupuncture; or

(b) For the purpose of authorizing a person to engagein lecturing on or teaching Oriental medicine or acupuncture in this State on ashort-term basis.

2. The Board may charge a fee for the issuance of atemporary certificate. The fee must not exceed an amount which adequatelyreimburses the Board for costs incurred in:

(a) Investigating an applicant under this section; and

(b) Monitoring a seminar, if the Board deems thataction necessary.

(Added to NRS by 1975, 214; A 1981, 1291; 1991, 1129)

NRS 634A.167 Requirementsfor renewal; duty of Board to require continuing education for renewal orreinstatement.

1. To renew a license issued pursuant to this chapter,each person must, on or before February 1 of each year:

(a) Apply to the Board for renewal;

(b) Pay the annual fee for a license prescribed by theBoard;

(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 reinstatement of a license, require each holder of a license to comply withthe requirements for continuing education adopted by the Board.

(Added to NRS by 1985, 548; A 1997, 2134; 2001, 1106; 2005, 2733, 2807)

NRS 634A.170 Suspension,revocation or refusal of license: Grounds. TheBoard may refuse to issue or may suspend or revoke any license for any one orany combination of the following causes:

1. Conviction of:

(a) A felony relating to the practice of Orientalmedicine;

(b) Any offense involving moral turpitude;

(c) A violation of any state or federal law regulatingthe possession, distribution or use of any controlled substance, as shown by acertified copy of the record of the court; or

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

2. The obtaining of or any attempt to obtain a licenseor practice in the profession for money or any other thing of value, byfraudulent misrepresentations;

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

4. Advertising by means of a knowingly false ordeceptive statement;

5. Advertising, practicing or attempting to practiceunder a name other than ones own;

6. Habitual drunkenness or habitual addiction to theuse of a controlled substance;

7. Using any false, fraudulent or forged statement ordocument, or engaging in any fraudulent, deceitful, dishonest or immoralpractice in connection with the licensing requirements of this chapter;

8. Sustaining a physical or mental disability whichrenders further practice dangerous;

9. Engaging in any dishonorable, unethical orunprofessional conduct which may deceive, defraud or harm the public, or whichis unbecoming a person licensed to practice under this chapter;

10. Using any false or fraudulent statement inconnection with the practice of Oriental medicine or any branch thereof;

11. Violating or attempting to violate, or assistingor abetting the violation of, or conspiring to violate any provision of this chapter;

12. Being adjudicated incompetent or insane;

13. Advertising in an unethical or unprofessionalmanner;

14. Obtaining a fee or financial benefit for anyperson by the use of fraudulent diagnosis, therapy or treatment;

15. Willful disclosure of a privileged communication;

16. Failure of a licensee to designate the nature ofhis practice in the professional use of his name by the term doctor of Orientalmedicine;

17. Willful violation of the law relating to thehealth, safety or welfare of the public or of the regulations adopted by theState Board of Health;

18. Administering, dispensing or prescribing anycontrolled substance, except for the prevention, alleviation or cure of diseaseor for relief from suffering; and

19. Performing, assisting or advising in the injectionof any liquid silicone substance into the human body.

(Added to NRS by 1973, 638; A 1975, 122, 235; 1981,594; 1987, 1562; 1991, 1129; 1993, 788; 2001, 1106; 2003, 2710)

NRS 634A.175 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation 2 years after thedate 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.]

1. If the Board receives a copy of a court orderissued pursuant to NRS 425.540 that providesfor the suspension of all professional, occupational and recreational licenses,certificates and permits issued to a person who is the holder of a licenseissued pursuant to this chapter, the Board shall deem the license issued tothat person to be suspended at the end of the 30th day after the date on whichthe court order was issued unless the Board receives a letter issued to theholder of the license by the district attorney or other public agency pursuantto NRS 425.550 stating that the holderof the license has complied with the subpoena or warrant or has satisfied thearrearage pursuant to NRS 425.560.

2. The Board shall reinstate a license issued pursuantto this chapter that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letterissued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license wassuspended stating that the person whose license was suspended has complied withthe subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2133; A 2005, 2807)

NRS 634A.180 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 1973, 639; A 1993, 789; 2005, 769)

NRS 634A.185 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. An order that imposes discipline and the findingsof fact and conclusions of law supporting that order are public records.

4. 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 2003, 3448; A 2005, 769)

MISCELLANEOUS PROVISIONS

NRS 634A.190 Licenseesnot subject to chapter630 of NRS; reference to licensee as physician of Oriental medicine.

1. Persons licensed pursuant to this chapter are notsubject to the provisions of chapter 630 ofNRS.

2. A person who is licensed pursuant to this chapterto practice as a doctor of Oriental medicine may refer to himself as aphysician of Oriental medicine.

(Added to NRS by 1973, 637; A 1975, 119; 1989, 815;1991, 1130; 2001,1107)

NRS 634A.200 Applicabilityof chapter.

1. This chapter does not apply to Oriental physicianswho are called into this State for consultation.

2. This chapter does not prohibit:

(a) Gratuitous services of druggists or other personsin cases of emergency.

(b) The domestic administration of family remedies.

(c) Any person from assisting any person in thepractice of the healing arts licensed under this chapter, except that suchperson may not insert needles into the skin or prescribe herbal medicine.

(Added to NRS by 1973, 639; A 1975, 235)

NRS 634A.210 Reportingvital statistics. Doctors of Oriental medicineshall observe and are subject to all state and municipal regulations relativeto reporting all births and deaths in all matters pertaining to the publichealth.

(Added to NRS by 1973, 639; A 1975, 236; 1991, 1130; 2001, 1107)

UNLAWFUL ACTS; PENALTIES

NRS 634A.225 Seminarsnot in accordance with Boards regulations prohibited; penalty.

1. No seminar concerning Oriental medicine or acupuncturemay be conducted in this State except in accordance with regulations prescribedby the Board for bona fide educational seminars.

2. Any person who violates subsection 1 is guilty of amisdemeanor.

(Added to NRS by 1975, 214; A 1991, 1130)

NRS 634A.230 Practicewithout license prohibited; penalty. Anyperson who represents himself as a practitioner of Oriental medicine, or anybranch thereof, or who engages in the practice of Oriental medicine, or anybranch thereof, in this State without holding a valid license issued by theBoard is guilty of a gross misdemeanor.

(Added to NRS by 1973, 640; A 1975, 236; 1981, 1291;1991, 1130)

NRS 634A.240 Injunctiverelief.

1. The Board may maintain in any court of competentjurisdiction a suit for an injunction against any person who violates anyprovision of this chapter.

2. Such an injunction:

(a) May be issued without proof of actual damagesustained by any person, this provision being understood to be a preventive aswell as a punitive measure.

(b) Shall not relieve such person from any criminalprosecution for the violation.

(Added to NRS by 1973, 640; A 1975, 236; 1977, 306)

NRS 634A.250 Administrativefines. In addition to any other penalties prescribedby law, the Board may, after notice and a hearing, as required by law, imposeupon any person who violates any provision of this chapter or the regulationsadopted pursuant thereto an administrative fine of not more than $2,500.

(Added to NRS by 1993, 887; A 2003, 3448; 2005, 769)

 

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