PROPOSED REGULATION OF
STATE OF NEVADA
BOARD OF HOMEOPATHIC MEDICAL EXAMINERS
LCB File No. R043-03
July 31, 2003
EXPLANATION - Matter in italics is new; matter in brackets
[omitted material] is material to be omitted.
Authority: §§1-10, NRS 630A.200
Section 1. Chapter 630A of NAC is hereby amended by adding thereto
the provisions set forth as sections 2 to 8, inclusive, of this
regulation.
Sec 2. 1. "Internet" means:
(a) The computer network commonly known as the Internet and
any other
computer network that is similar to or is a predecessor or successor
of the Internet; and
(b) Any identifiable site on the Internet or such other computer
network.
2. The term includes, without limitation:
(a) A website or other similar site on the World Wide Web;
(b) A site that is identifiable through a Uniform Resource Location;
(c) A site on a computer network that is owned, operated, administered
or
controlled by a provider of Internet service;
(d) An electronic bulletin board;
(e) A list server;
(f) A newsgroup; or
(g) A chat room.
Sec. 3. "Intrastate practice of homeopathic medicine using
electronic means" means the practice of homeopathic medicine
using electronic means by a homeopathic physician located in
this state to treat a patient located in this state or by an
advanced practitioner of homeopathy located in this state to
treat a patient located in this state.
Sec. 4 "Practice of homeopathic medicine using electronic
means" means the practice of homeopathic medicine by using
equipment that transfers information concerning the medical
condition of a patient electronically, telephonically or by
fiber optics, including, without limitation, through the internet.
Sec. 5. 1. Except as otherwise provided in subsection 2, a homeopathic
physician
may engage in the intrastate practice of homeopathic medicine
using electronic means.
2. While engaging in the intrastate practice of homeopathic
medicine using
electronic means, a homeopathic physician shall not:
(a) Provide any homeopathic service to a patient unless the
homeopathic physician:
(1) Obtains a reasonable homeopathic history of the patient
before providing
the homeopathic service to the patient;
(2) Personally examines the patient before providing the homeopathic
service to
the patient if homeopathic physicians in the community in which
the homeopathic physician practices would ordinarily personally
examine such a patient before providing the homeopathic service;
and
(3) Complies with all applicable state and federal laws; or
(b) Prescribe any controlled substance to a patient unless the
homeopathic physician:
(1) Personally examines the patient and conducts any appropriate
tests concerning the patient before prescribing the controlled
substance to the patient; and
(2) Complies with all applicable state and federal laws.
Sec. 6. A homeopathic physician engaging in the intrastate practice
of homeopathic medicine by electronic means shall:
1. Ensure that the electronic transfer of information is reasonably
secure and
conducted in accordance with all applicable state and federal
laws:
2. Retain health care records in accordance with the requirements
of chapter 629
of NRS;
3. Discuss with each patient the risks and benefits of medication
and any
homeopathic services;
4. Conduct follow-up contact with each patient in a timely manner
after
recommending any homeopathic services;
5. Discuss with each patient various treatment alternatives
that are available; and
6. Discus to each patient that a physical examination or assessment
by a
homeopathic physician is always recommended before the use of
homeopathic services.
Sec. 7. An advanced practitioner of homeopathy shall not engage
in the intrastate
practice of homeopathic medicine using electronic means unless
a written protocol authorizing such practice is submitted to
and approved by the Board pursuant to NAC 630A.490.
Sec. 8 Nothing in sections 2 to 7, inclusive, of this regulation
shall be construed to:
1. Authorize any person not licensed or certified pursuant to
chapter 630A of NRS
to engage in the intrastate practice of homeopathic medicine
using electronic
means; or
2. Regulate the practice of homeopathic medicine using electronic
means by a
homeopathic physician or advanced practitioner of homeopathy
if:
(a) The homeopathic physician or advanced practitioner of homeopathy
is not located in this state; or
(b) The patient who is being treated by the homeopathic physician
or advanced
practitioner of homeopathy is not located in this state.
Sec. 9. NAC 630A.010 is hereby amended to read as follows:
630A.010 As used in this chapter, unless the context otherwise
requires, the words and terms defined in NAC 630A.0105 to 630A.013,
inclusive, and sections 2, 3, and 4 of this regulation
have the meanings ascribed to them in those sections.
Sec. 10. NAC 630A.490 is hereby amended to read as follows:
630A.490 1. An advanced practitioner of homeopathy and his supervising
homeopathic physician shall prepare and sign a written protocol,
demonstrating
agreement to the terms and content of the protocol. The protocol
must include, without
limitation:
(a) A description of the scope of practice of the advanced practitioner
as authorized
by the supervising homeopathic physician;
(b) A statement from the supervising homeopathic physician that
he has determined
that the advanced practitioner is qualified and competent to
provide the services
authorized in the scope of practice;
(c) A list of any programs of training from which the advanced
practitioner has
graduated; and
(d) A list of conditions under which the advanced practitioner
agrees to refer a patient
to the supervising homeopathic physician.
2. If an advanced practitioner of homeopathy intends to engage
in the intrastate
practice of homeopathic medicine using electronic means, the
written protocol must incorporate all the requirements and prohibitions
that apply to homeopathic physicians engaging in the intrastate3
practice of homeopathic medicine using electronic means.
3. The protocol must reflect established national or customary
standards for the
practice of homeopathic medicine.
[3.] 4. Before an advanced practitioner of homeopathy
may provide a medical service
to a patient, he must obtain the signature of the patient on
a form which discloses to the patient that he is an advanced
practitioner of homeopathy and is not a licensed homeopathic
physician.
[4.] 5. The supervising physician shall submit a copy
of the protocol to the board for approval. If the board does
not approve the protocol, it will return the protocol to the
physician with an explanation for the denial. The supervising
homeopathic physician shall rewrite the protocol to conform
with any suggestion of the board and resubmit it to the board
for consideration at the next regularly scheduled meeting of
the board.
[5.] 6. A copy of the protocol must be maintained at
each location where the advanced practitioner provides medical
services.
