PROPOSED REGULATION OF THE BOARD OF HOMEOPATHIC MEDICAL EXAMINERS
LCB File No. R105-03
September 11, 2003
EXPLANATION - Matter in italics is new; matter in brackets [omitted
material] is material to be omitted.
AUTHORITY: §§1, 2, 10-16, 18-23, 25,
26, 29, 31 and 38-41, NRS 630A.200; §§17 and 26, NRS
630A.200 and 630A.330; §§24 and 43-46, NRS 630A.200,
630A.295 and 630A.299; §28, NRS 630A.200, 630A.295, 630A.299
and 630A.510; §29, NRS 630A.200 and 630A.510; §31,
NRS 630A.200, 630A.299 and 630A.330; §§33-35, NRS
630A.200 and 630A.299; §36, NRS 630A.200, 630A.295 and
630A.330; §§3-9 and 37, NRS 630A.200 and 630A.295;
§42, NRS 630A.200, 630A.295, 630A.299 and 630A.330.
Section 1. Chapter 630A of NAC is hereby
amended by adding thereto the provisions set forth as sections
2 to 9, inclusive, of this regulation.
Sec. 2. 1. In addition to taking the constitutional
oath or affirmation of office set forth in Section 2 of Article
15 of the Constitution of the State of Nevada, each member of
the Board will, as required pursuant to NRS 630A.130, take the
following oath or affirmation:
I, ................, do solemnly swear (or
affirm) that I am legally qualified to serve as a member of
the Board of Homeopathic Medical Examiners and that I will well
and faithfully perform all the duties of a member of the Board,
on which I am about to enter, (if an oath) so help me God, (if
an affirmation) under the pains and penalties of perjury.
2. An officer of the Board will administer
the oaths or affirmations described in subsection 1.
Sec. 3. 1. The Board will not issue a certificate as
an advanced practitioner of homeopathy to an applicant who has
been certified to practice any type of medicine in another jurisdiction
and whose certificate was revoked for gross medical negligence
by that jurisdiction.
2. The Board may revoke the certificate of any person certified
to practice any type of medicine in another jurisdiction which
was revoked for gross medical negligence by that jurisdiction.
3. The revocation of a certificate to practice any type of medicine
in another jurisdiction on grounds other than grounds which
would constitute revocation for gross medical negligence constitutes
grounds for initiating disciplinary action or denying the issuance
of a certificate as an advanced practitioner of homeopathy.
Sec. 4. 1. Except as otherwise provided in section 3
of this regulation, the Board may:
(a) Issue a temporary certificate, to be effective not more
than 6 months after issuance, to any advanced practitioner of
homeopathy who is eligible for a permanent certificate in this
state and who also is of good moral character and reputation.
The purpose of the temporary certificate is to enable an eligible
advanced practitioner of homeopathy to serve as a substitute
for some other advanced practitioner of homeopathy who is certified
to practice homeopathic medicine in this state, and who is absent
from his practice for reasons deemed sufficient by the Board.
A temporary certificate issued under the provisions of this
paragraph is not renewable.
(b) Issue a special certificate to an advanced practitioner
of homeopathy who is certified in another state to come into
this state to care for or assist in the treatment of his own
patients in association with a homeopathic physician licensed
in this state. A special certificate issued under the provisions
of this paragraph is limited to the care of a specific patient.
(c) Issue a restricted certificate for a specified period if
the Board determines the applicant needs supervision or restriction.
2. A person who is certified pursuant to paragraph (a), (b)
or (c) of subsection 1 shall be deemed to have given his consent
to the revocation of the certificate at any time by the Board
for any of the grounds provided in section 3 of this regulation
and NAC 630A.560.
Sec. 5. 1. An applicant for a temporary certificate as
an advanced practitioner of homeopathy must furnish the Board,
along with his application, a letter from the advanced practitioner
of homeopathy for whom the applicant is to serve as a substitute
requesting the issuance of the temporary certificate and stating
the reasons for the absence from his practice and the period
of his absence.
2. An advanced practitioner of homeopathy certified in an adjoining
state who applies to the Board for a special certificate as
an advanced practitioner of homeopathy in this state for a specified
period of time and for specific purposes must do so by a letter,
accompanied by proof that he holds a valid certificate issued
to him by the other state.
3. The applicant for a nonrenewable temporary or a special certificate
may be required to appear before the Board or one of its members
for an oral interview before the issuance of the certificate.
4. A special certificate will state on its face the period during
which it is valid and the specified purposes for the certificate.
Sec. 6. The Board may, in its discretion, issue a certificate
to an applicant who holds a valid certificate as an advanced
practitioner of homeopathy issued to him by the homeopathic
medical examining board of the District of Columbia or of any
state or territory of the United States, if:
1. The legal requirements of the homeopathic medical examining
board were, at the time of issuing the certificate, in no degree
or particular less than those of this state at the time when
the certificate was issued.
2. The applicant is of good moral character and reputation.
3. The applicant passes an oral examination, where required
by the Board.
4. The applicant furnishes to the Board such other proof of
qualifications, professional or moral, as the Board may require.
Sec. 7. 1. In addition to the requirements set forth
in section 6 of this regulation, an applicant may obtain a certificate
as an advanced practitioner of homeopathy by reciprocity without
a written examination if he submits a certificate endorsed by
the Homeopathic Medical Examining Board of any state, territory
or the District of Columbia which certified the applicant indicating
that:
(a) He passed an examination to obtain the certificate;
(b) His certification has never been revoked or suspended; and
(c) The photograph and signature appearing on the certification
are that of the applicant.
2. The applicant must appear at a meeting of the Board for an
interview. The Secretary-Treasurer will notify the applicant
whose application and supporting documents have been accepted
by the Board of the time and place for the interview 20 days
before it is to take place.
Sec. 8. If the Board has reason to believe that the conduct
of any advanced practitioner of homeopathy has raised a reasonable
question as to his competence to practice as an advanced practitioner
of homeopathy with reasonable skill and safety to patients,
the Board may order an examination of the advanced practitioner
of homeopathy to determine his fitness to practice as an advanced
practitioner of homeopathy. When such action is taken, the reasons
for the action must be documented and must be available to the
advanced practitioner of homeopathy being examined.
Sec. 9. 1. An advanced practitioner of homeopathy who
is subject to a medical competency examination pursuant to section
8 of this regulation shall pay the costs of the examination.
2. The medical competency examination:
(a) May be written or oral;
(b) Will last no longer than 4 hours; and
(c) Must be administered by two physicians selected by the Board
who are licensed and actively engaged in the practice of homeopathic
medicine in this state.
3. If the person being examined objects to the physicians selected
to administer the examination and the Board finds that his objections
are valid, he may submit a list of eight names of homeopathic
physicians who are actively engaged in the practice of homeopathic
medicine in this state from which the Board may select one or
two physicians to replace one or both of the examiners previously
selected.
Sec. 10. NAC 630A.0125 is hereby amended to read as follows:
630A.0125 "Homeopathic medicine" or "homeopathy"
has the meaning ascribed to it in NRS 630A.040. The terms include
[the] :
1. The methods of practicing homeopathy described in
subsection 1 of NRS 630A.040 ; and [the]
2. The complementary and alternative methods of diagnosing
and treating a patient described in subsection 2 of [that
section.] NRS 630A.040.
Sec. 11. NAC 630A.0135 is hereby amended to read as follows:
630A.0135 As used in NRS 630A.035, the term "homeopathic
service" means providing, employing, using, recommending,
advising, directing or assisting in the use of homeopathic medicine
, including, without limitation, the methods and therapies
set forth in subsection 2 of NRS 630A.040, within the limitations
imposed by the Board.
Sec. 12. NAC 630A.014 is hereby amended to read as follows:
630A.014 1. As used in NRS 630A.040, unless the context otherwise
requires, the Board will interpret:
(a) "Herbal therapy" to mean a system of healing art
that places the chief emphasis on the flow and balance of dynamic
force or energy in the body mechanism as being the most important
single factor in maintaining the natural health and well-being
of the living organism and includes, without limitation, the
prescribing and use of plants or plant extracts or a combination
thereof to treat an ailment or disease of the mind, emotions
or body, or for the cure or relief of any wound, bodily injury
or deformity. As used in this paragraph:
(1) "Plant" includes, without limitation, any tree,
vine, shrub, vegetable or herb or any part of a tree, vine,
shrub, vegetable or herb.
(2) "Plant extract" means a substance removed from
a plant by physical or chemical means for medicinal purposes.
(b) "Neural therapy" to mean dry needling, the
use of an electronic testing and treatment device and the
injection of vitamins, minerals, homeopathic medications, herbal
extracts , enzymes, orthomolecular substances or other
medicinal or pharmaceutical preparations into the:
(1) Acupuncture, acupressure or trigger points; [or]
(2) Ganglia [,] ; or
(3) Subcutaneous tissue, intracutaneous tissue,
intra-articular tissue or periosteal tissue,
of a patient to control pain or produce other beneficial clinical
effects.
(c) "Neuromuscular integration" to mean the progressive
harmonization of the [body and mind] endocrine system,
immune system, autonomic nervous system, skeletal system and
smooth muscle system of a patient with the cognitive and noncognitive
faculties of a patient by the use of:
(1) [Manual manipulation] Manipulation of the
soft tissues of the body to balance the body ; [structurally;]
and
(2) Thought field therapy to recondition the endocrine system,
immune system, autonomic nervous system and central nervous
system.
(d) "Orthomolecular therapy" to mean the treatment
and prevention of disease, including, without limitation, infection,
malignancy and degenerative illness, by adjusting the natural
chemical constituents of the body on the molecular level. The
term includes, without limitation:
(1) The prescription of topical and oral supplements , medicines
and pharmaceutical preparations; and
(2) The intravenous infusion , intramuscular injection, subcutaneous
injections and intradermal injection of vitamins,
amino acids, peptides, polypeptides, enzymes, sarcodes, medicines
and pharmaceutical preparations, homeopathic medications,
ozone, bio-oxidative substances or chelating agents, to detoxify
and remove harmful substances from the body, including, without
limitation, heavy metals, the buildup of vascular and arterial
plaque and toxic environmental factors, including, without limitation,
pesticides, xenobiotics, bacteria and fungi.
(e) "Nutrition" to [mean] include, without
limitation, the recognition, evaluation, treatment and correction
of the unique dietary needs of a patient.
2. As used in this section:
(a) "Bio-oxidative substances" means substances that
are used to promote healing at the cellular level by the use
of oxygen in its various forms.
(b) "Chelating agents" means substances that are used
to remove heavy metals and other toxins from the body, including,
without limitation:
(1) Sodium 2,3-dimercaptopropane-1-sulfonate (DMPS);
(2) Dimercaptosuccinic acid (DMSA);
(3) Ethylene diamine tetra-acetic acid (EDTA); [and]
(4) Penicillamine [.] ;
(5) Diethylene triamine penta-acetic acid (DTPA);
(6) Deferoxamine mesylate; and
(7) Clathration agents.
(c) "Dry needling" means a procedure that involves
inserting acupuncture needles under the skin at trigger points
and while those needles are inserted, rotating the needles or
connecting the needles to a low current electrical supply.
(d) "Pharmaceutical preparations" [does
not include] includes narcotic drugs or opiates that
are listed as schedule II controlled substances pursuant to
chapter 453 of NRS . [, except as those substances may be
described for use in the official Homeopathic Pharmacopoeia
of the United States.
(d)] (e) "Thought field therapy" means
a technique that uses the energy meridians of the body which
are used in acupuncture and acupressure to treat abnormal
patterns of thought that cause emotional and [psychological]
psychophysiological distress.
[(e)] (f) "Trigger point" means a hyperirritable
spot within the skeletal muscle or the fascia of that muscle
that, upon compression, causes pain, tenderness and autonomic
nervous system phenomena.
[(f)] (g) "Xenobiotics" means chemical
compounds that, under normal circumstances, are foreign to living
organisms.
Sec. 13. NAC 630A.015 is hereby amended to read as follows:
630A.015 1. A homeopathic physician , advanced practitioner
of homeopathy or homeopathic assistant may use an electronic
testing and treatment device to:
(a) Measure the resistance of the skin at acupuncture points;
(b) Evaluate and treat a patient; and
(c) Assist in the selection and use of homeopathic [medicine]
medicines and therapies pursuant to NRS 630A.040.
2. A homeopathic physician shall not use an electronic testing
and treatment device as the sole method for diagnosing
a patient.
Sec. 14. NAC 630A.020 is hereby amended to read as follows:
630A.020 The use of sarcodes in macro dosage includes the
use of stem cells and is called "cell therapy."
Sec. 15. NAC 630A.023 is hereby amended to read as follows:
630A.023 1. If a homeopathic physician, advanced practitioner
of homeopathy or homeopathic assistant performs a nutritional
evaluation on a patient, the nutritional evaluation may include:
(a) An analysis of the blood, urine and body tissue for vitamins,
minerals and amino acids, whether or not such analysis is performed
by a laboratory; and
(b) A functional intracellular analysis.
2. If a homeopathic physician, advanced practitioner of homeopathy
or homeopathic assistant performs nutritional treatment on a
patient, the treatment [:
(a) Must include dietary] may include:
(a) Dietary recommendations; and
(b) [May include supplementation] Supplementation
of the diet with vitamins, minerals, amino acids, protomorphogens
, or any combination thereof.
3. As used in this section:
(a) "Functional intracellular analysis" means the
use of peripheral blood [lymphocytes] cells to
analyze the metabolic and nutritional status of a patient.
(b) "Protomorphogens" means glandular material taken
from mammals other than humans, including, without limitation,
the bovine, avine or porcine
species, that supplies biologically active hormones, hormone
precursors, enzymes, vitamins, minerals, soluble proteins and
natural lipid factors.
Sec. 16. NAC 630A.025 is hereby amended to read as follows:
630A.025 The Board will elect its officers annually [in January.]
before June 30. The term of an officer begins on July
1 after the election and ends on June 30 of the succeeding year.
Sec. 17. NAC 630A.050 is hereby amended to read as follows:
630A.050 1. An applicant for a license to practice homeopathic
medicine must submit to the Board a completed and notarized
application on a form furnished by the Board. The form may
be obtained from the office of the Board or from the Board at
the Internet address [<http://www.nvbhme.com/apply.html].
The application must include or indicate the following:
(a) A certificate, on a form furnished by the Board, proving
that the applicant holds a valid and unrestricted license to
practice allopathic , homeopathic or osteopathic medicine
properly issued by the District of Columbia, any state or territory
of the United States or a foreign country whose standards for
licensing are approved by the Educational Commission for Foreign
Medical Graduates. The form for the certificate may be obtained
from the office of the Board or from the Board at the Internet
address [<http://www.nvbhme.com/apply.html].
(b) A certificate proving that the applicant completed the required
period of postgraduate training.
(c) The applicant's place and date of birth, his social security
number [and] as required pursuant to NRS 630A.243,
his registration number issued by the Drug Enforcement Administration
and the address and telephone numbers of his home and office.
(d) A chronological history of the years and places of
his allopathic, homeopathic and osteopathic medical practice
and his postgraduate training.
(e) A list of allopathic, homeopathic and osteopathic
medical societies and specialty boards, if any, of which he
is a member.
(f) The names and addresses of all hospitals of which he is
or has been a member of the staff during the past 10 years.
(g) Whether he has ever been charged with or convicted of a
felony or an offense involving moral turpitude.
(h) Whether he has ever been addicted to the use of narcotics,
controlled substances or alcohol.
(i) Whether he has even been charged with, convicted of or investigated
for illegally using, dispensing or selling controlled substances.
(j) Whether he has ever been refused or denied a license
or certificate by examination or reciprocity.
(k) Whether he has ever had his allopathic, homeopathic or
osteopathic medical license or certificate suspended
or revoked or has been placed on probation or has ever surrendered
his license or certificate because of a disciplinary action
or a pending disciplinary action.
(l) A photograph of the applicant taken within 60 days before
the date of the application.
(m) [If requested by the Board, a] A complete
set of fingerprints on a form furnished [with the application.]
by the Board, along with the written consent of the applicant
for the Board to forward the fingerprints to a law enforcement
agency for a report on the criminal history of the applicant.
(n) [Affidavits] Letters of recommendation from
three physicians who are currently in practice , at least
two of whom are actively engaged in the practice of homeopathic
medicine in this state and [who are] each of whom
is personally acquainted with the applicant.
2. The applicant must submit with the application the application
fee required pursuant to NRS 630A.330. The application fee is
nonrefundable.
3. If the application is rejected, it will be [returned to
the applicant] retained by the Board pursuant to subsection
4 of NRS 630A.290 and the Board will notify [him]
the applicant of the reasons for the rejection.
Sec. 18. NAC 630A.060 is hereby amended to read as follows:
630A.060 1. The Board will administer an examination to practice
homeopathic medicine at least two times each year at the dates
and times established by the Board. An applicant for a license
to practice homeopathic medicine must submit the completed
application required pursuant to NAC 630A.050 to the Secretary-Treasurer
of the Board not later than 60 days before the date scheduled
for the examination to be eligible to take that examination.
2. The examination will consist of a written examination that
is based upon the principles of homeopathy as defined
in NRS 630A.040. The time allowed for completing the examination
must not exceed 3 hours.
3. The Secretary-Treasurer shall notify the applicant of the
time and place of the examination not later than 20 days before
the date scheduled for the examination.
4. Any book, computer, note or other material approved by the
Secretary-Treasurer of the Board before the examination may
be used during the written examination.
5. To pass the examination, an applicant must receive a score
of at least 76 percent on the written examination.
Sec. 19. NAC 630A.062 is hereby amended to read as follows:
630A.062 1. A homeopathic physician who is subject to a medical
competency examination pursuant to NRS 630A.430 shall pay the
costs of the examination.
2. The medical competency examination:
(a) May be written or oral;
(b) Will last no longer than 4 hours; and
(c) Must be administered by two physicians selected by the Board
[.] who are licensed and actively engaged in the practice
of homeopathic medicine in this state.
[2.] 3. If the person being examined objects to the physicians
selected to administer the examination and the Board finds that
his objections are valid, he may submit a list of eight
names of homeopathic physicians [licensed] who are
actively engaged in the practice of homeopathic medicine
in this state from which the Board may select one or two
physicians to replace one or both of the [two]
examiners previously selected.
Sec. 20. NAC 630A.070 is hereby amended to read as follows:
630A.070 An applicant for a license to practice homeopathic
medicine who is a graduate of a medical school , as required
pursuant to NRS 630A.230, 630A.240 or 630A.270, must have
completed 6 months of his postgraduate training in the United
States.
Sec. 21. NAC 630A.072 is hereby amended to read as follows:
630A.072 1. The 6 months of postgraduate training in homeopathy
required of an applicant for a license to practice homeopathic
medicine pursuant to NRS 630A.240 must consist of courses, instructors
or programs which are approved by [the Council on Homeopathic
Education or] the Board. In determining whether to approve
a course or program , [which has not been approved by the
Council on Homeopathic Education,] the Board will consider:
(a) [The reasons, if any, why the course or program is not
approved by the Council on Homeopathic Education;
(b)] The textbooks and other instructional aids used in
the course or program;
[(c)] (b) The institution offering the course or program;
[(d)] (c) The qualifications of the instructor teaching
the course or program; and
[(e)] (d) Whether the course or program includes instruction
on:
(1) The diagnostic and therapeutic principles referred
to in NRS 630A.040;
(2) The procedure for evaluating a patient;
(3) The procedure for selecting an appropriate treatment based
upon the evaluation of the patient;
(4) Homeopathic pharmacology; and
(5) The methodology of prescribing homeopathic medicines [.]
and therapies.
2. The Board may revoke approval of a course or program it has
previously approved if it determines that the course or program
no longer complies with the considerations set forth in subsection
1.
3. The Board will maintain a list of courses and programs that
are currently approved by [the Council on Homeopathic Education
or] the Board.
4. If an applicant for a license to practice homeopathic medicine
has completed a course or program that has not been approved
by [the Council on Homeopathic Education or] the Board,
he may submit the course or program to the Board for approval.
The Board will review the course or program based upon the considerations
set forth in subsection 1. If the Board approves the course
or program, the applicant will receive credit for the postgraduate
training.
Sec. 22. NAC 630A.080 is hereby amended to read as follows:
630A.080 Any applicant for a license to practice homeopathic
medicine who is a graduate of a medical school , as required
pursuant to NRS 630A.230, 630A.240 or 630A.270, shall appear
personally before the Board for an interview.
Sec. 23. NAC 630A.090 is hereby amended to read as follows:
630A.090 1. In addition to the requirements set forth in NRS
630A.280, an applicant may obtain a license by reciprocity without
a written examination if he submits a certificate endorsed by
the Homeopathic Medical Examining Board of any state, territory
or the District of Columbia which licensed or certified the
applicant indicating that:
(a) He passed [a written] an examination to obtain
the license or certificate;
(b) His license or certification has never been revoked or suspended;
and
(c) The photograph and signature appearing on the license or
certification are that of the applicant.
2. The applicant must appear at a meeting of the Board for an
interview. The Secretary-Treasurer will notify the applicant
whose application and supporting documents have been accepted
by the Board of the time and place for the interview 20 days
before it is to take place.
Sec. 24. NAC 630A.096 is hereby amended to read as follows:
630A.096 1. Except as otherwise provided in subsection 2, each
homeopathic physician, homeopathic assistant or advanced practitioner
of homeopathy applying for renewal of his license or certificate
must, at the time of annual registration, submit to the Board
evidence in such form as the Board requires, that he has completed
during the preceding year 20 credits of continuing homeopathic
medical education in courses [sponsored by the Nevada
Homeopathic and Integrative Medical Association or the Arizona
Homeopathic and Integrative Medical Association, or in courses]
approved by the Board [. Such credits must include:
(a) Ten credits of continuing education in homeopathic medicine
as described in subsection 1 of NRS 630A.040; and
(b) Ten credits of continuing education in methods and therapies
described in subsection 2 of NRS 630A.040.] , including,
without limitation, courses in complementary and alternative
medical education.
2. A homeopathic physician who has completed a full year of
residency or fellowship in allopathic, osteopathic or homeopathic
medicine any time during the period for annual registration
immediately preceding the submission of the application for
annual registration is exempt from the requirements set forth
in subsection 1.
3. If a homeopathic physician , homeopathic assistant or
advanced practitioner of homeopathy fails to submit evidence
of his completion of continuing homeopathic medical education
within the time and in the manner set forth in subsection 1,
his license will not be renewed. Such a person may not resume
the practice of homeopathic medicine pursuant to this chapter
and chapter 630A of NRS unless he:
(a) Pays a fee to the Board which is twice the fee for renewal
of [a] :
(1) A license as set forth in subsection 1 of
NAC 630A.120;
(2) A certificate to practice as a homeopathic assistant
as set forth in paragraph (c) of subsection 2 of NAC 630A.550;
or
(3) A certificate to practice as an advanced practitioner of
homeopathy as set forth in paragraph (c) of subsection 2 of
NAC 630A.550;
(b) Submits to the Board, in such form as it requires, evidence
that he has completed the 20 credits of continuing homeopathic
medical education required by subsection 1; and
(c) Is found by the Board to be otherwise qualified for active
status pursuant to the provisions of this chapter and chapter
630A of NRS.
Sec. 25. NAC 630A.098 is hereby amended to read as follows:
630A.098 1. The President of the Board shall appoint a committee
composed of the Secretary-Treasurer and two other members of
the Board. The committee shall:
(a) [Examine] Periodically examine the educational
activities, quality of training seminars, meetings and materials
used for educating homeopathic physicians, homeopathic assistants
or advanced practitioners of homeopathy; and
(b) [Each January, provide a report to the Board that explains
their findings; and
(c)] Make recommendations to the Board regarding the education
of homeopathic physicians, homeopathic assistants and advanced
practitioners of homeopathy.
2. The Board may accept, reject or alter any recommendation
of the committee.
Sec. 26. NAC 630A.100 is hereby amended to read as follows:
630A.100 1. An applicant for a temporary license shall furnish
the Board, along with his application, a letter from the homeopathic
physician for whom the applicant is to serve as a substitute
requesting the issuance of the temporary license, stating the
reasons for the absence from his practice, and the period of
his absence.
2. A homeopathic physician licensed in an adjoining state who
applies to the Board for a special license to practice homeopathic
medicine in this state for a specified period of time and for
specific purposes must do so by a letter, accompanied by proof
that he holds a valid license issued to him by the other state.
3. The applicant for a nonrenewable temporary or a special
license may be required to appear before the Board or one of
its members for an oral interview before the issuance of the
license.
4. A special license will state on its face the period during
which it is valid and the specified purposes for the license.
Sec. 27. NAC 630A.120 is hereby amended to read as follows:
630A.120 The Board will charge and collect the following fees:
1. For the renewal of a license to practice homeopathic medicine
[$500] $550
2. For the reexamination of an applicant who fails the examination
for a license to practice homeopathic medicine [$300]
$330
3. For the reexamination of an applicant who fails the examination
for a certificate to practice as an advanced practitioner of
homeopathy [$150] $165
4. For the reexamination of an applicant who fails the examination
for a certificate to practice as a homeopathic assistant [$75]
$83
5. For a temporary, special or limited license or certificate
$150
Sec. 28. NAC 630A.130 is hereby amended to read as follows:
630A.130 1. A holder of a license to practice homeopathic medicine
, a certificate to practice as an advanced practitioner of
homeopathy or a certificate to practice as a homeopathic assistant
shall notify the Board in writing of any change in the address
of his home or office [no] not later than 30 days after
the change.
2. If a holder of a license to practice homeopathic medicine,
a certificate to practice as an advanced practitioner of homeopathy
or a certificate to practice as a homeopathic assistant fails
to notify the Board in writing of any change in the address
of his home or office within the period set forth in subsection
1, the Board [will] may
by order, after providing a hearing pursuant to NRS 630A.480
or NAC 630A.580 and except as otherwise provided in this subsection,
impose an administrative fine. If the
holder of a license to practice homeopathic medicine, a certificate
to practice as an advanced practitioner of homeopathy or a certificate
to practice as a homeopathic assistant waves the hearing pursuant
to NRS 630A.480 or NAC 630A.580, the fine will be in
the amount of $500 for the first day after the period set forth
in subsection 1 plus an additional $20 per day for each day
thereafter that the holder of the license or certificate does
not notify the Board of the change. The total amount of the
administrative fine will not exceed $700.
3. If a holder of a license to practice homeopathic medicine,
a certificate to practice as an advanced practitioner of homeopathy
or a certificate to practice as a homeopathic assistant fails
to notify the Board in writing of any change in the address
of his home or office within 60 days after the change and the
holder of the license or certificate fails to pay a fine imposed
pursuant to subsection 2, the Board will by order, after providing
a hearing pursuant to NRS 630A.480 or NAC 630A.580, suspend
the license or certificate of the holder for a specified period
or until the Board orders the license or certificate to be reinstated.
4. A person may restore a license that has been suspended pursuant
to this section in the manner provided in subsection 5 of NRS
630A.530 for the restoration of a license that has been revoked
by the Board.
5. A person may restore a certificate that has been suspended
pursuant to this section in the manner provided in NAC 630A.620.
Sec. 29. NAC 630A.132 is hereby amended to read as
follows:
630A.132 1. A homeopathic physician shall:
(a) [Limit the scope of his practice to homeopathy as defined
in NRS 630A.040 unless he is licensed by another board that
regulates healing arts which grants the homeopathic physician
additional authority to practice;
(b)] Complete and return any official practice surveys,
questionnaires or other necessary information required
by the Board to protect the public within 30 days after the
date the survey, questionnaire or other necessary information
is postmarked; and
[(c)] (b) Maintain a legible, written record , including,
without limitation, a record that is typed, printed or generated
by a computer, for each patient attended, as required by
chapter 629 of NRS, and keep this record available for copying
or inspection, as necessary, upon receipt of a written request
for records authorized pursuant to chapter 629 of NRS.
2. A homeopathic physician shall not:
(a) Falsify records of health care or insurance;
(b) Falsify medical records of a patient, including, without
limitation, altering records to indicate the presence of the
homeopathic physician at a time when the homeopathic physician
was not in attendance or to indicate that procedures were performed
on the patient by the homeopathic physician that were in fact
not performed by him;
(c) Render professional service to a patient while under the
influence of alcohol or any controlled substance or while in
any other impaired mental or physical condition;
(d) Acquire any controlled substance from a pharmacy or other
source by misrepresentation, fraud, deception or subterfuge;
(e) Allow any person who is unlicensed and uncertified to treat
a patient by means of homeopathy;
(f) Fail to provide adequate supervision of a homeopathic assistant
or advanced practitioner of homeopathy who is employed or supervised
by him;
(g) Fail to honor the advance directive of a patient without
informing the patient, the surrogate or the guardian of the
patient, and without documenting in the records of the patient
the reasons for failing to honor the advance directive of the
patient contained therein;
(h) Fail to prescribe adequately therapies or substances allowed
in NRS 630A.040 for the control of pain;
(i) Enter into a multilevel marketing agreement with a patient
or an immediate family member of the patient; or
(j) Submit false or fraudulent information to the Board.
3. A homeopathic physician is not subject to disciplinary action
solely for prescribing, administering or dispensing to a patient
under his care:
(a) Amygdalin (laetrile), if the patient has consented in writing
to the use of the substance;
(b) Procaine hydrochloride with preservatives and stabilizers
(Gerovital GH3);
(c) A controlled substance or controlled substance analog which
is listed in the official Homeopathic Pharmacopoeia of
the United States (HPUS) or any supplement thereto or
which is approved by the State Board of Pharmacy pursuant to
NRS 453.146, if the homeopathic physician is authorized by law
to prescribe the substance;
(d) A device or agent approved by the United States Food and
Drug Administration in a manner that is not approved by the
United States Food and Drug Administration if:
(1) The device or agent has not been scientifically proven to
be of greater morbidity or mortality than the prevailing method
of treatment;
(2) The device or agent is within the scope of practice of homeopathic
medicine; and
(3) The patient has consented in writing to the use of the device
or agent;
(e) Homeopathy for the treatment of chronic degenerative disease,
cancer or intractable pain;
(f) Preventive or early intervention using homeopathy; or
(g) Homeopathic medicines:
(1) In single, alternating or sequential doses, or a combination
of these methods; or
(2) From material doses and tinctures through low, medium, high
and ultrahigh potencies relating to the specialty, subspecialty,
school, method or style of homeopathy used.
4. The Board [will] may
by order, after a formal hearing held pursuant to NRS 630A.480,
impose an administrative fine. If the
holder of a license to practice homeopathic medicine waves the
hearing pursuant to NRS 630A.480 or NAC 630A.580, the fine will
be in the amount of $20 for each day a survey, questionaire
or other necessary information required to be completed and
returned pursuant to paragraph (a) of subsection 1 is overdue,
up to a maximum of $500.
5. As used in this section:
(a) "Controlled substance analog" means:
(1) A substance whose chemical structure is substantially similar
to the structure of a controlled substance listed in schedule
III pursuant to NAC 453.530; or
(2) A substance that is substantially similar to or greater
than the stimulant, depressant or hallucinogenic effect on the
central nervous system of a person treated with a controlled
substance listed in schedule III pursuant to NAC 453.530, and
which has, is represented as having or is intended to have a
stimulant, depressant or hallucinogenic effect on the central
nervous system of a person.
(b) "Intractable pain" means a condition of discomfort
for which the cause cannot be removed or otherwise treated and
for which a method of providing relief or a cure for the cause
has not been found after reasonable efforts have been taken,
including, without limitation, evaluation by an attending homeopathic
physician and one or more physicians specializing in the treatment
of the area, system or organ of the body which is believed to
be the source of the discomfort.
Sec. 30. NAC 630A.134 is hereby amended to read as follows:
630A.134 A homeopathic physician who uses intravenous hydrogen
peroxide or intravenous [ethylene diamine tetra-acetic acid
(EDTA)] chelation in the treatment of a patient shall:
1. Follow a protocol that has been approved by the Board; and
2. Be on the premises or have a licensed [HMD,] homeopathic
physician, homeopathic assistant or advanced practitioner
of homeopathy on the premises at all times while a patient is
receiving intravenous hydrogen peroxide or intravenous [EDTA]
chelation therapy.
Sec. 31. NAC 630A.136 is hereby amended to read as follows:
630A.136 1. If a judgment is entered against [him] a
homeopathic physician or advanced practitioner of homeopathy
in any court, or a settlement is reached, on a claim involving
malpractice, [a] the homeopathic physician or
advanced practitioner of homeopathy shall report that fact
to the Board within 60 days after the judgment is entered or
the settlement is reached.
2. As used in this section:
(a) "Community" embraces the entire area customarily
served by homeopathic physicians and advanced practitioners
of homeopathy among whom a patient may reasonably choose, not
merely the particular area inhabited by the patients of that
individual homeopathic physician or advanced practitioner of
homeopathy or the particular city or place where the homeopathic
physician or advanced practitioner of homeopathy has his office.
(b) "Malpractice" means failure on the part of a homeopathic
physician or advanced practitioner of homeopathy to exercise
the degree of care, diligence and skill ordinarily exercised
by homeopathic physicians and advanced practitioners of homeopathy
in good standing in the community in which he practices.
Sec. 32. NAC 630A.300 is hereby amended to read as follows:
630A.300 1. An applicant for a certificate to practice as a
homeopathic assistant [shall] must submit to the
Board a notarized application on a form furnished by the Board.
The form may be obtained from the office of the Board or
from the Board at the Internet address [http://www.nvbhme.com/apply.html].
2. The applicant must include on the application, or in an attachment
thereto, any information required by the Board, including, without
limitation:
(a) His place and date of birth;
(b) His social security number [;] as required pursuant
to NRS 630A.243;
(c) The address and telephone number of his place of residence
and place of business;
(d) Proof that he meets the qualifications required by the Board
pursuant to subsections 1 to 4, inclusive, of NAC 630A.320;
(e) A list describing any license or certificate that the applicant
has earned which required the completion of medical training
or which authorizes him to provide medical services;
(f) A statement disclosing whether he has ever been convicted
of a crime;
(g) A statement disclosing whether any disciplinary action has
ever been taken against him in his capacity as the holder of
a license or certificate which authorizes him to provide medical
services;
(h) A photograph of the applicant which was taken not more than
60 days before the application is submitted;
(i) A complete set of his fingerprints on a form which is furnished
by the Board, along with the written consent of the applicant
for the Board to forward the fingerprints to a law enforcement
agency for a report on the criminal history of the applicant;
and
(j) A letter of recommendation from:
(1) A [licensed practicing] homeopathic physician [;]
who is actively engaged in the practice of homeopathic medicine
in this state; and
(2) Two persons who have known the applicant for at least 1
year.
3. The applicant must submit with the application, the application
fee required pursuant to NRS 630A.330. The application fee is
nonrefundable.
Sec. 33. NAC 630A.310 is hereby amended to read as follows:
630A.310 1. The Board may deny a certificate to practice as
a homeopathic assistant to an applicant if:
(a) The application does not contain the information required
pursuant to NAC 630A.300;
(b) The applicant does not possess the qualifications required
pursuant to subsections 1 to 4, inclusive, of NAC 630A.320;
[or]
(c) The applicant does not pass the examination required pursuant
to [subsection 5 of] NAC 630A.330 within 1 year after
submitting the application [.
2. The Board will return the application of an applicant to
whom a certificate is denied with an explanation for the denial.]
; or
(d) Disciplinary action has been taken against the applicant
in his capacity as the holder of a license or certificate which
authorizes him to provide medical services.
2. If the application is rejected, it will be retained by
the Board and the Board will notify the applicant of the reasons
for the rejection.
Sec. 34. NAC 630A.320 is hereby amended to read as follows:
630A.320 An applicant for a certificate to practice as a homeopathic
assistant must possess the qualifications required by the Board,
including, without limitation:
1. Graduation from high school.
2. Successful completion of at least one training program approved
by the Board. This training may include, without limitation,
a program to become certified or licensed to practice as:
(a) A medical assistant;
(b) A physician assistant;
(c) A registered nurse;
(d) A licensed practical nurse;
(e) An emergency medical technician;
(f) A medic in the Armed Forces; or
(g) A medical technician.
3. Successful completion of not less than 40 hours of training
in homeopathic medicine from a program approved by the Board
[.] , including, without limitation, a program concerning
complementary and alternative medicine.
4. Successful completion of not less than 160 hours of training
under the supervision of a [licensed homeopathic medical
doctor.] homeopathic physician.
5. Successful completion of the examination administered by
the Board pursuant to NAC 630A.330.
Sec. 35. NAC 630A.330 is hereby amended to read as follows:
630A.330 1. The Board will administer an examination to practice
as a homeopathic assistant at least two times each year at the
dates and times established by the Board. An applicant for a
license to practice as a homeopathic assistant must submit the
application required pursuant to NAC 630A.300 to the Secretary-Treasurer
of the Board not later than 60 days before the date scheduled
for the examination to be eligible to take that examination.
2. The examination will consist of [a] an open-book written
examination and an oral examination. [The written examination
will include a closed-book portion and an open-book portion
as directed by the Board.]
3. The Secretary-Treasurer shall notify an applicant to practice
as a homeopathic assistant of the time and place of the examination
not later than 20 days before the date scheduled for the examination.
4. Any book, note or other material approved by the Board may
be used during the [open-book portion of the] written
examination.
5. To [pass the examination to] practice as a homeopathic
assistant, an applicant must receive:
(a) A score of at least [75] 70 percent on the
written examination; [and] or
(b) A passing score on the oral examination [,] from
a majority of the board members who are present and grading
the examination, which will be graded on a pass or fail
basis.
Sec. 36. NAC 630A.400 is hereby amended to read as follows:
630A.400 1. An applicant for a certificate to practice as an
advanced practitioner of homeopathy [shall] must
submit to the Board a notarized application on a form furnished
by the Board. The form may be obtained from the office of
the Board or from the Board at the Internet address [http://www.nvbhme.com/apply.html].
2. The applicant must include on the application, or in an attachment
thereto, any information required by the Board, including, without
limitation:
(a) His place and date of birth;
(b) His social security number [;] as required pursuant
to NRS 630A.243;
(c) The address and telephone number of his place of residence
and place of business;
(d) Proof that he meets the qualifications required by the Board
pursuant to subsections 1, 2 and 3 of NAC 630A.420;
(e) A list describing any license or certificate that the applicant
has earned which required the completion of medical training
or which authorizes him to provide medical services;
(f) A statement disclosing whether he has ever been convicted
of a crime;
(g) A statement disclosing whether any disciplinary action has
ever been taken against him in his capacity as the holder of
a license or certificate which authorizes him to provide medical
services;
(h) A photograph of the applicant which was taken not more than
60 days before the application is submitted;
(i) A complete set of his fingerprints on a form which is furnished
by the Board, along with the written consent of the applicant
for the Board to forward the fingerprints to a law enforcement
agency for a report on the criminal history of the applicant;
and
(j) A letter of recommendation from:
(1) A [licensed practicing] homeopathic physician [;]
who is actively engaged in the practice of homeopathic medicine
in this state; and
(2) Two persons who have known the applicant for at least 1
year.
3. The applicant must submit with the application, the application
fee required pursuant to NRS 630A.330. The application fee is
nonrefundable.
Sec. 37. NAC 630A.410 is hereby amended to read as follows:
630A.410 1. The Board may deny a certificate to practice as
an advanced practitioner of homeopathy to an applicant if:
(a) The application does not contain the information required
pursuant to NAC 630A.400;
(b) The applicant does not possess the qualifications required
pursuant to subsections 1, 2 and 3 of NAC 630A.420; [or]
(c) The applicant does not pass the examination required pursuant
to subsection 4 of NAC 630A.420 within 1 year after submitting
the application [.
2. The] ; or
(d) Disciplinary action has been taken against the applicant
in his capacity as the holder of a license or certificate which
authorizes him to provide medical services.
2. If the application is rejected, it will be retained by the
Board and the Board will [return the application of an
applicant to whom a certificate is denied with an explanation]
notify the applicant of the reasons for the [denial.]
rejection.
Sec. 38. NAC 630A.450 is hereby amended to read as follows:
630A.450 1. A homeopathic physician who supervises an advanced
practitioner of homeopathy [must be licensed to practice
homeopathic medicine in the State of Nevada and] must currently
practice homeopathic medicine in the State of Nevada.
2. The supervising homeopathic physician shall [spend not
less than 4 hours each month at each location where an advanced
practitioner whom he supervises provides medical services. During
this time, the supervising homeopathic physician shall]
consult with and monitor the quality of care provided by the
advanced practitioner.
3. The supervising homeopathic physician shall provide to the
Board:
(a) The current physical address and telephone number of each
location where an advanced practitioner of homeopathy whom he
supervises provides medical services; and
(b) [The date and time that he will be present at each location
to consult with and monitor the care provided by the advanced
practitioner; and
(c)] Any change in such information.
Sec. 39. NAC 630A.460 is hereby amended to read as follows:
630A.460 A homeopathic physician who supervises an advanced
practitioner of homeopathy shall develop and implement a program
to monitor the quality of care provided by the advanced practitioner.
As part of the program, the supervising homeopathic physician
shall:
1. Assess the competency of the advanced practitioner to provide
medical services;
2. Review selected medical charts of the advanced practitioner;
and
3. [Evaluate each referral to another health care professional
made by the advanced practitioner;
4. Evaluate each consultation with another health care professional
made by the advanced practitioner;
5. Observe the ability of the advanced practitioner to take
a medical history from and to perform a physical examination
on a patient who is representative of a typical patient for
whom the advanced practitioner provides care; and
6.] Maintain accurate records and documentation of the program
for each advanced practitioner whom the homeopathic physician
supervises.
Sec. 40. NAC 630A.470 is hereby amended to read as follows:
630A.470 1. Except as otherwise provided in this subsection,
a homeopathic physician who supervises an advanced practitioner
of homeopathy must be available to consult with the advanced
practitioner by phone or in person at all times when the advanced
practitioner provides medical services. If the supervising homeopathic
physician cannot be available, he shall designate an equally
qualified [licensed] homeopathic physician to
be available for consultation.
2. The supervising homeopathic physician shall ensure that the
advanced practitioner:
(a) Does not use a prescription which has been signed by a physician
before a patient requires the prescription; and
(b) Is aware of all laws and regulations with which he must
comply, including, without limitation, the regulations of the
State Board of Pharmacy regarding prescriptions, controlled
substances, and dangerous drugs and devices.
Sec. 41. NAC 630A.500 is hereby amended to read as follows:
630A.500 1. A homeopathic physician and an advanced practitioner
of homeopathy whom he supervises shall conduct and document
a [comprehensive] review of the protocol required
pursuant to NRS 630A.293 each year at the time the certificate
of the advanced practitioner is renewed.
2. The advanced practitioner shall maintain accurate records
documenting all pertinent historical and physical findings concerning
a patient, including, without limitation, the plan for the treatment
of a patient.
3. The supervising homeopathic physician shall review a sample
of the records of the findings of the advanced practitioner
at least once [each month] every 6 months
to ensure that the advanced practitioner is complying with the
protocol.
4. The supervising homeopathic physician and the advanced practitioner
shall make any medical record available to the Board for review.
A review conducted by the Board will be in accordance with the
laws relating to the confidentiality of medical records.
Sec. 42. NAC 630A.550 is hereby amended to read as follows:
630A.550 1. A certificate to practice as a homeopathic assistant
or advanced practitioner of homeopathy which is issued by the
Board must be renewed each year [on or] before January
1.
2. To renew a certificate, a homeopathic assistant or advanced
practitioner must:
(a) Submit an application for renewal to the Board;
(b) Submit proof that he has completed the required annual continuing
education; and
(c) Pay to the Board:
(1) An annual renewal fee of [$150] $165 for a
certificate to practice as a homeopathic assistant.
(2) An annual renewal fee of [$300] $330 for a
certificate to practice as an advanced practitioner of homeopathy.
3. [An] A homeopathic assistant or advanced practitioner
of homeopathy who fails to submit proof to the Board,
[on or] before January 1, that he has completed the required
annual continuing education may not renew his certificate until:
(a) He submits proof that he has completed the continuing education;
(b) The Board determines that he is otherwise qualified to practice
as [an] a homeopathic assistant or advanced practitioner
[;] of homeopathy; and
(c) He pays to the Board a renewal fee which is equivalent to
two times the fee set forth in subsection 2.
4. The Board may revoke the certificate of a homeopathic assistant
or advanced practitioner who does not pay the renewal fee [within
60 days after] before January 1. A homeopathic assistant
or advanced practitioner whose certificate is revoked for this
reason may request, within 2 years after revocation, that the
Board restore his certificate.
Sec. 43. NAC 630A.560 is hereby amended to read as follows:
630A.560 The Board may initiate disciplinary action against
a homeopathic assistant or an advanced practitioner of homeopathy
or may deny the issuance or renewal of a certificate if the
Board finds after providing notice and a hearing that the homeopathic
assistant or advanced practitioner of homeopathy:
1. Willfully and intentionally made a false or fraudulent statement
or submitted a forged or false document to the Board;
2. Represented to another that the homeopathic assistant or
advanced practitioner of homeopathy was a licensed physician
or knowingly permitted another person to represent him as such;
3. Performed medical services which were not directed or supervised
by a homeopathic physician as required by NAC 630A.350 and 630A.470;
4. Provided medical services when he did not have the ability
to provide such services with reasonable skill and safety because:
(a) He was under the influence of alcohol or a controlled substance;
or
(b) He had a mental or physical illness;
5. Provided medical services in a negligent manner;
6. Failed to obey an order of the Board or an investigative
committee of the Board, a law or a regulation which relates
to the provision of health care or dispensing of drugs, including,
without limitation, a regulation of the Board or the State Board
of Health;
7. Administered, dispensed or possessed a controlled substance,
except as authorized by law in the course of providing medical
services;
8. Is not competent to provide the services required of a homeopathic
assistant or advanced practitioner of homeopathy;
9. Has been convicted of a felony or any offense involving moral
turpitude;
10. Falsified records of health care or insurance;
11. Falsified medical records of a patient, including, without
limitation, altering records to indicate the presence of the
homeopathic assistant or advanced practitioner of homeopathy
at a time when the homeopathic assistant or advanced practitioner
of homeopathy was not in attendance or to indicate that procedures
were performed on the patient by the homeopathic assistant or
advanced practitioner of homeopathy that were in fact not performed
by him;
12. Acquired any controlled substance from a pharmacy or other
source by misrepresentation, fraud, deception or subterfuge;
13. Allowed any person who is unlicensed and uncertified to
treat a patient by means of homeopathy;
14. Failed to honor the advance directive of a patient without
informing the patient, the surrogate or the guardian of the
patient, and without documenting in the records of the patient
the reasons for failing to honor the advance directive of the
patient contained therein; [or]
15. Entered into a multilevel marketing agreement with a patient
or an immediate family member of the patient [.] ; or
16. Has had disciplinary action taken against him in another
jurisdiction or by another board that regulates health care
in this state if the disciplinary action was taken against the
homeopathic assistant or advanced practitioner of homeopathy
in his capacity as the holder of a license or certificate which
authorizes him to provide medical services.
Sec. 44. NAC 630A.580 is hereby amended to read as follows:
630A.580 1. If the Board proceeds with disciplinary action against
a homeopathic assistant or advanced practitioner of homeopathy,
it will set a time and place for a disciplinary hearing. The
Board will notify the homeopathic assistant or advanced practitioner
and his supervising homeopathic physician of:
(a) The specific complaint against the homeopathic assistant
or advanced practitioner;
(b) The time and place set for the disciplinary hearing; and
(c) The sanctions which the Board may impose [pursuant to
NAC 630A.610.] for the conduct in which the homeopathic
assistant or advanced practitioner of homeopathy allegedly engaged.
2. The Board will serve the notice required by subsection 1
not less than 20 days before the date set for the disciplinary
hearing, and will serve notice in the manner set forth in NAC
630A.590.
3. During a disciplinary hearing conducted pursuant to this
section:
(a) Formal rules of evidence will not be applied;
(b) Proof of actual injury need not be established; and
(c) The Board will consider a certified copy of the record of
a court or a certifying agency showing a conviction or plea
of nolo contendere or the suspension, revocation, limitation,
modification, denial or surrender of a certificate to practice
as a homeopathic assistant or advanced practitioner of homeopathy
as conclusive evidence of its occurrence.
Sec. 45. NAC 630A.610 is hereby amended to read as follows:
630A.610 1. If the Board determines that a homeopathic assistant
or advanced practitioner of homeopathy has engaged in an activity
for which disciplinary action is authorized pursuant to NAC
630A.560, the Board will issue an order:
(a) Placing him on probation for a specified period of time,
according to any conditions set forth in the order;
(b) Publicly reprimanding him;
(c) Placing a limitation on his certificate;
(d) Suspending his certificate for a specified period of time
or until the Board orders his certificate to be reinstated;
or
(e) Revoking his certificate.
2. If the Board determines that a homeopathic assistant or
advanced practitioner of homeopathy has engaged in an activity
for which disciplinary action is required pursuant to NAC 630A.130,
the Board will issue an order imposing an administrative fine
or suspending the certificate of the homeopathic assistant or
advanced practitioner of homeopathy in accordance with NAC 630A.130.
3. An order of the Board which limits the ability of a homeopathic
assistant or advanced practitioner of homeopathy to provide
medical services or revokes his certificate is effective from
the date the Secretary-Treasurer of the Board certifies the
order until the date the order is modified or reversed.
[3.] 4. For the purposes of NRS 233B.130, a decision
of the Board pursuant to this section is a final decision.
[4.] 5. In addition to any other action, if the Board
determines that a homeopathic assistant or advanced practitioner
of homeopathy is engaging in unlawful or unauthorized conduct,
the Board will take any appropriate action authorized by law
to prevent such conduct.
Sec. 46. NAC 630A.620 is hereby amended to read as follows:
630A.620 1. A homeopathic assistant or advanced practitioner
of homeopathy whose certificate to practice as a homeopathic
assistant or advanced practitioner has been limited, suspended
or revoked pursuant to NAC 630A.130 or 630A.610 may apply
to the Board to remove the limitation or restore his certificate.
2. The applicant has the burden of proving by clear and convincing
evidence that he has complied with all of the terms and conditions
set forth in the final order of the Board and that he is capable
of practicing as a homeopathic assistant or advanced practitioner
with reasonable skill and safety to patients. The Board will
not remove a limitation or restore a certificate until it is
satisfied that the applicant has met this burden of proof.
3. In addition to the requirements of subsection 2, a homeopathic
assistant or advanced practitioner whose certificate has been
suspended pursuant to NAC 630.130 or revoked must submit an
application to the Board pursuant to NAC 630A.300 or 630A.400,
respectively, and successfully complete the examination required
of new applicant,
