NV State Board of Homeopathic Medical Examiners

GENERAL PROVISIONS

630A.010 Definitions.
630A.0105 “Advanced practitioner of homeopathy” defined.
630A.011 “Board” defined.
630A.0115 “Controlled substance” defined.
630A.012 “Homeopathic assistant” defined.
630A.0125 “Homeopathic medicine” and “homeopathy” defined.
630A.013 “Homeopathic physician” defined.
630A.0135 “Homeopathic service” defined for NRS 630A.035.
630A.014 Interpretation of terms used in NRS 630A.040.
630A.015 Use of electronic testing device.
630A.020 Use of sarcodes in macro dosage called “cell therapy.”
630A.022 Formulation of herbal substances.
630A.023 Nutritional evaluation and treatment of patients.
630A.025 Election of officers of board.
630A.030 Petitions concerning regulations.
630A.040 Petition for declaratory order or advisory opinion.

LICENSING

630A.050 Application for license: Form; contents; rejection.
630A.060 Examination to practice homeopathic medicine: Frequency of administration;
requirements for eligibility; contents; notification; materials acceptable for use during portion of examination; standards for passing.
630A.062 Medical competency examination.
630A.065 Examination of graduate of foreign medical school.
630A.070 Postgraduate training of graduate of medical school.
630A.072 Postgraduate training: Approval of courses or programs.
630A.080 Interview of graduate of medical school.
630A.090 Licensing by reciprocity.
630A.096 Continuing education: General requirements; exemption; failure to comply.
630A.098 Committee to examine and make recommendations regarding education in homeopathy.
630A.100 Temporary license; special license.
630A.110 Limited license.
630A.120 Fees.
630A.130 Notification of change of address or home office.

STANDARDS OF PRACTICE

630A.132 Duties; prohibited practices; use of certain substances.
630A.134 Use of certain chelation therapies.
630A.136 Report to board of claims involving malpractice.
630A.138 Consultation with another provider of health care.
630A.140 Advertising: Prohibited acts.

PRACTICE BEFORE THE BOARD OF HOMEOPATHIC MEDICAL EXAMINERS

630A.160 Verification of pleadings; answer to complaint; depositions prohibited.
630A.170 Filing of pleading, motion or other paper.
630A.180 Service of documents; proof of service.
630A.190 Motions.
630A.200 Entry of appearance.
630A.210 Hearings.
630A.220 Decision by board.
630A.230 Service of copy of findings and order.

HOMEOPATHIC ASSISTANTS AND ADVANCED PRACTITIONERS OF HOMEOPATHY

Homeopathic Assistants

630A.300 Application for certificate: Form; contents.
630A.310 Denial of certificate: Reasons; explanation.
630A.320 Qualifications for certificate.
630A.330 Examination to practice: Frequency of administration; requirements for eligibility;
contents; notification; materials acceptable for use during portion of examination; standards for passing.
630A.350 Requirements regarding supervising homeopathic physician.
630A.360 Acceptable activities; medical diagnosis and determination of treatment forbidden.
630A.370 Cessation of supervision: Procedure; suspension of certificate.

Advanced Practitioners of Homeopathy

630A.400 Application for certificate: Form; contents.
630A.410 Denial of certificate: Reasons; explanation.
630A.420 Qualifications for certificate.
630A.430 Successful completion of examination to practice as homeopathic physician required.
630A.450 Requirements of supervising homeopathic physician: Licensing; consultation with and
monitoring of advanced practitioner of homeopathy; provision of certain information to board.
630A.460 Requirements of supervising homeopathic physician: Program to monitor quality of care.
630A.470 Requirements of supervising homeopathic physician: Availability for consultation;
exception.
630A.480 Acceptable activities.
630A.490 Written protocol required.
630A.500 Annual review of protocol; documentation of findings; review of records by supervising
homeopathic physician and board.
630A.510 Cessation of supervision: Procedure; suspension of certificate.

MISCELLANEOUS

630A.550 Renewal of certificate: Requirements; fee; failure to pay renewal fee ground for revocation
of certificate.

DISCIPLINARY ACTION

630A.560 Reasons for disciplinary action or denial of certificate.
630A.570 Procedure for disciplinary action: Written complaint; investigation.
630A.580 Procedure for disciplinary action: Hearing.
630A.590 Requirements for service of notice.
630A.600 Mental or physical examination: Circumstances requiring examination; certification to
practice deemed consent to examination; refusal of examination deemed admission of charge.
630A.610 Forms of disciplinary action; decision of board final; action to prevent unlawful or
unauthorized conduct.
630A.620 Requirements for removal of limitation on or restoration of certificate.

GENERAL PROVISIONS

NAC 630A.010 Definitions. (NRS 630A.200) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 630A.0105 to 630A.013, inclusive, have the meanings ascribed to them in those sections.
(Added to NAC by Bd. Of Homeopathic Medical Exam’rs, eff. 8-29-85; A by R058-00, 12-11-2000

NAC 630A.0105 “Advanced practitioner of homeopathy” defined. (NRS 630A.200) “Advanced practitioner of homeopathy” has the meaning ascribed to it in NRS 630A.015.
(Added to NAC by Bd of Homeopathic Medical Exam’rs by R058-00, eff. 12-11-2000)

NAC 630A.011 “Board defined. (NRS 630A.200) “Board” means the board of homeopathic medical examiners.
(Added to NAC by Bd of Homeopathic Medical Exam’rs by R058-00, eff. 12-11-2000)

NAC 630A.0115 “Controlled substance” defined. (NRS 630A.200) “Controlled substance” has the meaning ascribed to it in NRS 0.031.
(Added to NAC by Bd of Homeopathic Medical Exam’rs by R058-00, eff. 12-11-2000)

NAC 630A.012 “Homeopathic assistant” defined. (NRS 630A.200) “Homeopathic assistant” has the meaning ascribed to it in NRS 630A.035.
(Added to NAC by Bd of Homeopathic Medical Exam’rs by R058-00, eff. 12-11-2000)

NAC 630A.0125 “Homeopathic medicine” and “homeopathy” defined. (NRS 630A.200) “Homeopathic medicine” or “homeopathy” has the meaning ascribed to it in NRS 630A.040. The terms include the methods of practicing homeopathy described in subsection 1 of NRS 630A.040 and the methods of diagnosing and treating a patient described in subsection 2 of that section.
(Added to NAC by Bd of Homeopathic Medical Exam’rs by R058-00, eff. 12-11-2000)

NAC 630A.013 “Homeopathic physician” defined. (NRS 630A.200) “Homeopathic physician” has the meaning ascribed to it in NRS 630A.050.
(Added to NAC by Bd of Homeopathic Medical Exam’rs by R058-00, eff. 12-11-2000)

NAC 630A.0135 “Homeopathic service” defined for NRS 630A.035. (NRS 630A.200) 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 within the limitations imposed by the board.
(Added to NAC by Bd of Homeopathic Medical Exam’rs by R058-00, eff. 12-11-2000)

NAC 630A.014 Interpretation of terms used in NRS 630A.040. (NRS 630A.200)

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 the injection of vitamins, minerals, homeopathic medications, herbal extracts or other medicinal or pharmaceutical preparations into the:
(1) Acupuncture, acupressure or trigger points; or
(2) Ganglia, of a patient to control pain or produce other beneficial effects.
(c) “Neuromuscular integration” to mean the progressive harmonization of the body and mind of a patient by the use of:
(1) Manual manipulation of the soft tissues of the body to balance the body structurally; and
(2) Thought field therapy to recondition the 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 and pharmaceutical preparations; and
(2) The intravenous infusion of vitamins, amino acids, peptides, polypeptides, 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 the recognition, evaluation, treatment and correction of the unique dietary needs of a patient.
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.
(c) “Pharmaceutical preparations” does not include 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) “Thought field therapy” means a technique that uses the energy meridians of the body which are used in acupuncture and acupressure to treat emotional and psychological distress.
(e) “Trigger point” means a hyperirritable spot within the skeletal muscle or the fascia of that muscle that, upon compression, causes pain, tenderness and autonomic phenomena.
(f) “Xenobiotics” means chemical compounds that, under normal circumstances, are foreign to living organisms.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs by R213-97, eff. 12-18-98; A by R058-00, 12-11-2000)

NAC 630A.015 Use of electronic testing device.

A homeopathic physician may use an electronic testing device to:
(a) Measure the resistance of the skin at acupuncture points;
(b) Evaluate a patient; and
(c) Assist in the selection of homeopathic medicine pursuant to NRS 630A.040.
A homeopathic physician shall not use an electronic testing device as the sole method for diagnosing a patient.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 3-30-94)

NAC 630A.020 Use of sarcodes in macro dosage called "cell therapy." The use of sarcodes in macro dosage is called "cell therapy."
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 8-29-85)

NAC 630A.022 Formulation of herbal substances. (NRS 630A.200) Herbal substances intended for use in herbal therapy may be formulated by:

A homeopathic physician;
An herbalist;
A pharmacist;
A pharmacologist; or
Any other person determined by the board to possess the training and experience necessary to formulate herbal substances.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs by R213-97, eff. 12-18-98)

NAC 630A.023 Nutritional evaluation and treatment of patients. (NRS 630A.200)

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.
If a homeopathic physician, advanced practitioner of homeopathy or homeopathic assistant performs nutritional treatment on a patient, the treatment:
(a) Must include dietary recommendations; and
(b) May include supplementation of the diet with vitamins, minerals, amino acids, protomorphogens or any combination thereof.
As used in this section:
(a) “Functional intracellular analysis” means the use of peripheral blood lymphocytes 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 or porcine species, that supplies biologically active hormones, hormone precursors, enzymes, vitamins, minerals, soluble proteins and natural lipid factors.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs by R213-97, eff. 12-18-98)

NAC 630A.025 Election of officers of board. The board will elect its officers annually in January. The term of an officer begins on July 1 after the election and ends on June 30 of the succeeding year.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 3-19-87)

NAC 630A.030 Petitions concerning regulations.

A petition requesting the adoption, filing, amendment or repeal of any regulation must be accompanied by a draft of the proposed regulation in a form suitable for filing with the secretary of state.
The original and seven copies of the petition and the proposed regulation must be filed with the secretary-treasurer of the board.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 8-29-85)

NAC 630A.040 Petition for declaratory order or advisory opinion.

A petition for a declaratory order or advisory opinion may be filed by a holder of or an applicant for a license or permit to practice homeopathic medicine.
The original and seven copies of the petition must be filed with the secretary-treasurer of the board not less than 10 days before the next regularly scheduled meeting of the board. The secretary-treasurer will submit the petition to the board at that meeting. Within 30 days after the meeting, the board will issue its declaratory order or advisory opinions.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 8-29-85)

LICENSING

NAC 630A.050 Application for license: Form; contents; rejection.

An applicant for a license to practice homeopathic medicine must submit to the board a notarized application on a form furnished by the board. 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 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.
(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 number issued by the Drug Enforcement Administration and the address and telephone numbers of his home and office.
(d) A history of the years and places of his medical practice and his postgraduate training.
(e) A list of 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 by examination or reciprocity.
(k) Whether he has ever had his medical license suspended or revoked or has been placed on probation or has ever surrendered his license 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 complete set of fingerprints on a form furnished with the application.
(n) Affidavits from three physicians who are currently in practice and who are personally acquainted with the applicant.
If the application is rejected, it will be returned to the applicant and the board will notify him of the reasons for the rejection.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff: 8-29-85)

NAC 630A.060 Examination to practice homeopathic medicine: Frequency of administration; requirements for eligibility; contents; notification; materials acceptable for use during portion of examination; standards for passing. (NRS 630A.200)

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 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.
The examination will consist of a written examination that is based upon the principles of homeopathy defined in NRS 630A.040. The time allowed for completing the examination must not exceed 3 hours.
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.
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.
To pass the examination, an applicant must receive a score of at least 76 percent on the written examination.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 8-29-85; A 10-25-96; R058-00, 12-11-2000)

NAC 630A.062 Medical competency examination.

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.
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 names of homeopathic physicians licensed in this state from which the board may select one or two to replace the two examiners previously selected.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 8-29-85)—(Substituted in revision for NAC 630A.150)

NAC 630A.065 Examination of graduate of foreign medical school. An applicant for a license to practice homeopathic medicine who is a graduate of a foreign medical school must successfully complete the:

Examination administered by the Educational Commission for Foreign Medical Graduates; or
Federation Licensing Examination.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 3-19-87)

NAC 630A.070 Postgraduate training of graduate of medical school. An applicant for a license to practice homeopathic medicine who is a graduate of a medical school must have completed 6 months of his postgraduate training in the United States.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 8-29-85)

NAC 630A.072 Postgraduate training: Approval of courses or programs. (NRS 630A.200)

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 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 of 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) The institution offering the course or program;
(d) The qualifications of the instructor teaching the course or program; and
(e) Whether the course or program includes instruction on:
(1) The 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.
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.
The board will maintain a list of courses and programs that are currently approved by the Council on Homeopathic Education or the board.
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.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 3-30-94; A by R058-00, 12-11-2000)

NAC 630A.080 Interview of graduate of medical school. Any applicant who is a graduate of a medical school shall appear personally before the board for an interview.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 8-29-85)

NAC 630A.090 Licensing by reciprocity.

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 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.
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.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 8-29-85)

NAC 630A.096 Continuing education: General requirements; exemption; failure to comply. (NRS 630A.200, 630A.295, 630A.299)

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 education in courses sponsored by the Nevada Homeopathic 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.
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
If a homeopathic physician fails to submit evidence of his completion of continuing 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 unless he:
(a) Pays a fee to the board which is twice the fee for renewal of a license set forth in subsection 1 of NAC 630A.120;
(b) Submits to the board, in such form as it requires, evidence that he has completed 20 credits of continuing 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.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs by R058-00, eff. 12-11-2000)

NAC 630A.098 Committee to examine and make recommendations regarding education in homeopathy. (NRS 630A.200)

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 the educational activities, quality of training seminars, meetings and materials used for educating homeopathic physicians, homeopathic assistants or advanced practitioners of homeopathy;
(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.
The board may accept, reject or alter any recommendation of the committee.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs by R058-00, eff. 12-11-2000)

NAC 630A.100 Temporary license; special license.

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.
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.
The applicant for a 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.
A special license will state on its face the period during which it is valid and the specified purposes for the license.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 8-29-85)

NAC 630A.110 Limited license. A limited license must state that it is a limited license to practice homeopathic medicine as a resident physician in a postgraduate program of clinical training, and the period during which it is valid.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 8-29-85)

NAC 630A.120 Fees. (NRS

For the renewal of a license to practice homeopathic medicine
....................................................$500
For the reexamination of an applicant who fails the examination for a license to practice homeopathic medicine
....................................................$300
For the reexamination of an applicant who fails the examination for a certificate to practice as an advanced practitioner of homeopathy
....................................................$150
For the reexamination of an applicant who fails the examination for a certificate to practice as a homeopathic assistant
....................................................$75
For a temporary, special or limited license
....................................................$150

(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 8-29-85; A by R137-97, 1-22-98)

NAC 630A.130 Notification of change of address or home office. A holder of a license to practice homeopathic medicine shall notify the board in writing of any change in the address of his home or office no later than 30 days after the change.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 8-29-85)

STANDARDS OF PRACTICE

NAC 630A.132 Duties; prohibited practices; use of certain substances. (NRS 630A.200)

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 necessary information required by the board to protect the public within 30 days after the date the survey, questionnaire or necessary information is postmarked; and
(c) Maintain a legible, written record for each patient attended, as required by chapter 629 of NRS, and keep this record available for inspection, as necessary, upon receipt of a written request for records authorized pursuant to chapter 629 of NRS.
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
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 Homeopathic Pharmacopoeia of the United States (HPUS) 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
(h) 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.
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.
(Added to NAC by Bd of Homeopathic Medical Exam’rs by R058-00, eff. 12-11-2000)

NAC 630A.134 Use of certain chelation therapies. (NRS 630A.200) A homeopathic physician who uses intravenous hydrogen peroxide or intravenous ethylene diamine tetra-acetic acid (EDTA) chelation in the treatment of a patient shall:

Follow a protocol that has been approved by the board; and
Be on the premises or have a licensed HMD, 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.
(Added to NAC by Bd of Homeopathic Medical Exam’rs by R058-00, eff. 12-11-2000)

NAC 630A.136 Report to the board of claims involving malpractice. (NRS 630A.200) If a judgment is entered against him in any court, or a settlement is reached, on a claim involving malpractice, a homeopathic physician shall report that fact to the board within 60 days after the judgment is entered or the settlement is reached.
(Added to NAC by Bd of Homeopathic Medical Exam’rs by R058-00, eff. 12-11-2000)

NAC 630A.138 Consultation with another provider of health care. (NRS 630A.200)
A homeopathic physician shall consult with another provider of health care in difficult cases or in cases where the homeopathic physician is in doubt if it appears to the homeopathic physician that such consultation may enhance the quality of homeopathic medical services.
(Added to NAC by Bd of Homeopathic Medical Exam’rs by R058-00, eff. 12-11-2000)

NAC 630A.140 Advertising: Prohibited acts. A homeopathic physician in advertising his practice shall not:

Make any false claim of his medical skill or the efficacy or value of the medicine or treatment he uses.
Claim or imply superiority in the performance of any professional service as compared to other homeopathic physicians.
Make any other statement calculated to attract patients which may mislead the public.
Be deceptive or misleading or make false statements in regard to the fee or terms of credit for services performed or to be performed.
Make statements which have a tendency to produce unrealistic expectations in particular cases, even though no member of the public is actually deceived, misled or harmed.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 8-29-85)

PRACTICE BEFORE THE BOARD OF HOMEOPATHIC MEDICAL EXAMINERS

NAC 630A.160 Verification of pleadings; answer to complaint; depositions prohibited.

All pleadings must be verified.
A party may respond to a complaint by filing an answer within 20 days after receiving the complaint. If a party fails to file an answer within the time prescribed, he shall be deemed to have generally denied the allegations of the complaint.
Depositions of witnesses may not be taken before the hearing.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 8-29-85)
NAC 630A.170 Filing of pleading, motion or other paper. The original and two copies of each pleading, motion or other paper must be filed with the secretary-treasurer of the board. He may require the party filing the document to make a copy available to any other person who the secretary determines may be affected by the proceeding and who desires a copy.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 8-29-85)

NAC 630A.180 Service of documents; proof of service.

Any document required to be served by a party, other than a notice of hearing, complaint, adverse decision or order of the board, may be served by regular mail, and the service shall be deemed complete when a true copy of the document, properly addressed and stamped, is deposited in the United States mail.
There must appear on, or be attached to, each document which is required to be served proof of service by means of a certificate of an attorney or his employee, a proof of personal service, a written admission of service or an affidavit of mailing.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 8-29-85)

NAC 630A.190 Motions.

All motions, unless made during a hearing, must be in writing. All written motions must set forth the nature of the relief sought, the grounds therefor, and the points and authorities relied upon in support of the motion.
A party who desires to oppose a motion may serve and file a written response to the motion within 20 days after service of the motion. The moving party may serve and file a written reply to the opposition to the motion within 10 days after the response is filed.
A decision on the motion will be rendered without oral argument unless oral argument is requested by the board, in which event the board will set a date and time for hearing the arguments.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 8-29-85)

NAC 630A.200 Entry of appearance.

Each party to a disciplinary hearing shall enter his appearance at the beginning of a hearing or at a time designated by the board by giving his name and address and stating his position or interest to the board. That information must be entered in the record of the hearing.
Following the entry of an appearance by an attorney for a party, all notices, pleadings and orders to be served on that party must be served upon the attorney, and that service is valid for all purposes concerning the party.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 8-29-85)

NAC 630A.210 Hearings.

Hearings will be held before a majority of the members of the board.
The member of the board who is presiding over the hearing will call the hearing to order and note the appearances of board members, the parties and their counsel, if any. The board will act upon any pending motions, stipulations and preliminary matters. The notice of hearing, complaint, petition, answer, response or written stipulation is a part of the record without the necessity of being read unless a party requests that the document be read verbatim into the record.
Applicants, petitioners or complainants shall present their evidence before the parties who are opposing the application, petition or complaint submit their evidence.
The board may allow closing statements by the parties.
Briefs may be filed upon motion of a party or at the request of the board. The time for filing briefs will be set by the board.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 8-29-85)

NAC 630A.220 Decision by board. A case stands submitted for decision by the board after the taking of evidence, the filing of briefs or the presentation of oral arguments, if permitted. The board will issue its order or render its decision within 90 days after the hearing or the submission of the case.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 8-29-85)

NAC 630A.230 Service of copy of findings and order. A copy of the disciplinary findings and the order of the board must be served by personal service or by certified mail upon the person affected by them and upon his attorney of record.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 8-29-85)

HOMEOPATHIC ASSISTANTS AND ADVANCEDPRACTITIONERS OF HOMEOPATHY

Homeopathic Assistants

NAC 630A.300 Application for certificate: Form; contents.

An applicant for a certificate to practice as a homeopathic assistant shall submit to the board a notarized application on a form furnished by the board.
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;
(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; and
(2) Two persons who have known the applicant for at least 1 year.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 10-25-96)

NAC 630A.310 Denial of certificate: Reasons; explanation.

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.
The board will return the application of an applicant to whom a certificate is denied with an explanation for the denial.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 10-25-96)

NAC 630A.320 Qualifications for certificate. An applicant for a certificate to practice as a homeopathic assistant must possess the qualifications required by the board, including, without limitation:

Graduation from high school.
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.
Successful completion of not less than 40 hours of training in homeopathic medicine from a program approved by the board.
Successful completion of not less than 160 hours of training under the supervision of a licensed homeopathic medical doctor.
Successful completion of the examination administered by the board pursuant to NAC 630A.330.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 10-25-96)

NAC 630A.330 Examination to practice: Frequency of administration; requirements for eligibility; contents; notification; materials acceptable for use during portion of examination; standards for passing.

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.
The examination will consist of a 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.
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.
Any book, note or other material approved by the board may be used during the open-book portion of the written examination.
To pass the examination to practice as a homeopathic assistant, an applicant must receive:
(a) A score of at least 75 percent on the written examination; and
(b) A passing score on the oral examination, which will be graded on a pass or fail basis.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 10-25-96)

NAC 630A.350 Requirements regarding supervising homeopathic physician.

A homeopathic physician who supervises a homeopathic assistant must be licensed to practice homeopathic medicine in the State of Nevada and must currently practice homeopathic medicine in the State of Nevada.
A homeopathic assistant who is supervised by a homeopathic physician must be employed by that physician or by the entity that employs the homeopathic physician.
The supervising homeopathic physician of a homeopathic assistant shall meet and communicate with the homeopathic assistant whom he supervises on each day that the homeopathic assistant provides medical services.
The supervising homeopathic physician remains responsible for all medical services provided by a homeopathic assistant supervised by him.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 10-25-96)

NAC 630A.360 Acceptable activities; medical diagnosis and determination of treatment forbidden.

Except as otherwise provided in subsection 2, a homeopathic assistant may perform electrodermal screening or any other activity related to the practice of homeopathy that his supervising homeopathic physician determines he is qualified to perform.
A homeopathic assistant shall not make a medical diagnosis or determine the treatment of a patient.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 10-25-96)

NAC 630A.370 Cessation of supervision: Procedure; suspension of certificate.

A homeopathic assistant who ceases to be supervised by a homeopathic physician shall notify the board in writing within 10 days after his supervision ceases. The supervising physician of the homeopathic assistant shall also notify the board in writing within 10 days after the cessation of the supervision. Upon receipt of a notice, the board will automatically suspend the certificate of the homeopathic assistant.
A homeopathic assistant whose certificate is suspended pursuant to subsection 1 may reactivate his certificate before the date on which his certificate is due for renewal if:
(a) He is reemployed as a homeopathic assistant; and
(b) He submits to the board proof of employment from his new supervising homeopathic physician.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 10-25-96)

Advanced Practitioners of Homeopathy

NAC 630A.400 Application for certificate: Form; contents.

An applicant for a certificate to practice as an advanced practitioner of homeopathy shall submit to the board a notarized application on a form furnished by the board.
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;
(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; and
(2) Two persons who have known the applicant for at least 1 year.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 10-25-96)

NAC 630A.410 Denial of certificate: Reasons; explanation.

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.
The board will return the application of an applicant to whom a certificate is denied with an explanation for the denial.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 10-25-96)

NAC 630A.420 Qualifications for certificate. An applicant for a certificate to practice as an advanced practitioner of homeopathy must possess the qualifications required by the board, including, without limitation:

A baccalaureate degree from a college or university which is approved by the board or equivalent qualifications as determined and approved by the board.
Successful completion of at least one of the following training programs approved by the board:
(a) A program to become certified or licensed to practice as:
(1) A nurse practitioner;
(2) A chiropractor; or
(3) An acupuncturist or doctor of oriental medicine;
(b) A program to receive a degree from:
(1) A domestic or foreign medical school approved by the board;
(2) A homeopathic medical school approved by the board; or
(3) A school of naturopathy approved by the board; or
(c) Any other medical training approved by the board.
Successful completion of not less than 6 months of training in homeopathy.
Successful completion of the examination administered by the board pursuant to NAC 630A.430.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 10-25-96)

NAC 630A.425 Requirements to supervise training. (NRS 630A.200) A homeopathic physician who is actively practicing homeopathy in Nevada and who is in good standing with the board may serve as a supervisor of a person who is engaged in the postgraduate training required in paragraph (c) of subsection 1 of NRS 630A.240 or who is engaged in training required pursuant to NAC 630A.420, if the licensee:

Receives approval in writing from the board;
Notifies the board in writing at the conclusion of the training period that the person:
(a) Has completed 6 months of training; and
(b) Is prepared to be examined by the board; and
Attests in writing to the board that he has not willfully and intentionally made a false or fraudulent statement or submitted a false or fraudulent document to the board.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs by R058-00, eff. 12-11-2000)

NAC 630A.430 Successful completion of examination to practice as homeopathic physician required. To practice as an advanced practitioner of homeopathy, a person must successfully complete the examination given by the board to applicants to practice as a homeopathic physician pursuant to NAC 630A.060 which is administered by the board at least two times each year. An applicant will be notified and his examination administered and scored in the same manner as set forth in that section.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 10-25-96)

NAC 630A.450 Requirements of supervising homeopathic physician: Licensing; consultation with and monitoring of advanced practitioner of homeopathy; provision of certain information to board.

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.
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.
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;
(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.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 10-25-96)

NAC 630A.460 Requirements of supervising homeopathic physician: Program to monitor quality of care. 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:

Assess the competency of the advanced practitioner to provide medical services;
Review selected medical charts of the advanced practitioner;
Evaluate each referral to another health care professional made by the advanced practitioner;
Evaluate each consultation with another health care professional made by the advanced practitioner;
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
Maintain accurate records and documentation of the program for each advanced practitioner whom the homeopathic physician supervises.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 10-25-96)

NAC 630A.470 Requirements of supervising homeopathic physician: Availability for consultation; exception.

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 physician cannot be available, he shall designate an equally qualified licensed physician to be available for consultation.
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.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 10-25-96)

NAC 630A.480 Acceptable activities.

An advanced practitioner of homeopathy may perform only those acts which he is:
(a) Qualified to perform, as determined by his supervising homeopathic physician; and
(b) Authorized to perform pursuant to the protocol established pursuant to NAC 630A.490.
A homeopathic physician may authorize the advanced practitioner of homeopathy whom he supervises to:
(a) Systematically assess the health of a person or family by:
(1) Taking, recording and interpreting a medical history;
(2) Performing a physical examination; and
(3) Performing or initiating any specific diagnostic procedure which is authorized in the protocol established pursuant to NAC 630A.490.
(b) Manage the care of a person who has a common, acute, recurrent or chronic health-related problem, based on an assessment of the health of that person by:
(1) Initiating a program of treatment;
(2) Evaluating the response to health-related problems and programs of treatment;
(3) Informing a patient or a member of his family about the health of the patient and the alternatives for treatment;
(4) Evaluating the compliance of a patient with the program of treatment that was agreed upon by him or his family and the advanced practitioner;
(5) Modifying a program of treatment based upon the response of the patient to that treatment;
(6) Referring a patient to an appropriate provider of health care, if necessary;
(7) Treating minor lacerations which do not involve damage to a nerve, tendon or major blood vessel; and
(8) Commencing care which is necessary to stabilize the condition of a patient during an emergency until a physician can be consulted or the patient can be transported to a facility where emergency medical care is available.
(c) Perform any other procedure related to the practice of homeopathy if:
(1) The advanced practitioner is certified to perform that procedure by an organization which is recognized by the board;
(2) The advanced practitioner learned how to perform the procedure in a program of education which he attended;
(3) The advanced practitioner learned how to perform the procedure during the successful completion of a comprehensive program of instruction which included clinical experience; or
(4) The act is within the authorized scope of practice of an advanced practitioner of homeopathy as determined by the board.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 10-25-96)

NAC 630A.490 Written protocol required.

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.
The protocol must reflect established national or customary standards for the practice of homeopathic medicine.
Before an advanced practitioner 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.
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.
A copy of the protocol must be maintained at each location where the advanced practitioner provides medical services.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 10-25-96)

NAC 630A.500 Annual review of protocol; documentation of findings; review of records by supervising homeopathic physician and board.

A homeopathic physician and an advanced practitioner of homeopathy whom he supervises shall conduct and document a comprehensive review of the protocol each year at the time the certificate of the advanced practitioner is renewed.
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.
The supervising homeopathic physician shall review a sample of the records of the findings of the advanced practitioner once each month to ensure that the advanced practitioner is complying with the protocol.
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.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 10-25-96)

NAC 630A.510 Cessation of supervision: Procedure; suspension of certificate.

An advanced practitioner of homeopathy who ceases to be supervised by a homeopathic physician shall notify the board in writing within 10 days after his supervision ceases. The supervising physician of the advanced practitioner shall also notify the board in writing within 10 days after the cessation of the supervision. Upon receipt of a notice, the board will automatically suspend the certificate of the advanced practitioner.
An advanced practitioner whose certificate is suspended pursuant to subsection 1 may reactivate his certificate before the date on which his certificate is due for renewal if:
(a) He submits to the board proof of supervision from his new supervising homeopathic physician; and
(b) He and his new supervising homeopathic physician prepare and file a written protocol with the board as required pursuant to NAC 630A.490 within 30 days after the advanced practitioner is placed under the supervision of the homeopathic physician.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 10-25-96)

Miscellaneous

NAC 630A.550 Renewal of certificate: Requirements; fee; failure to pay renewal fee ground for revocation of certificate.

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.
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 for a certificate to practice as a homeopathic assistant.
(2) An annual renewal fee of $300 for a certificate to practice as an advanced practitioner of homeopathy.
An advanced practitioner 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 advanced practitioner; and
(c) He pays to the board a renewal fee which is equivalent to two times the fee set forth in subsection 2.
The board may revoke the certificate of a homeopathic assistant or advanced practitioner who does not pay the renewal fee within 60 days after 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.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 10-25-96; A by R137-97, 1-22-98)

Disciplinary Action

NAC 630A.560 Reasons for disciplinary action or denial of certificate. (NRS 630A.200, 630A.295, 630A.299) 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:

Willfully and intentionally made a false or fraudulent statement or submitted a forged or false document to the board;
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;
Performed medical services which were not directed or supervised by a homeopathic physician as required by NAC 630A.350 and 630A.470;
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;
Provided medical services in a negligent manner;
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, or a regulation of the board or the state board of health;
Administered, dispensed or possessed a controlled substance, except as authorized by law in the course of providing medical services;
Is not competent to provide the services required of a homeopathic assistant or advanced practitioner of homeopathy;
Has been convicted of a felony or any offense involving moral turpitude;
Falsified records of health care or insurance;
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;
Acquired any controlled substance from a pharmacy or other source by misrepresentation, fraud, deception or subterfuge;
Allowed any person who is unlicensed and uncertified to treat a patient by means of homeopathy;
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
Entered into a multilevel marketing agreement with a patient or an immediate family member of the patient.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 10-25-96; A by R058-00, 12-11-2000)

NAC 630A.570 Procedure for disciplinary action: Written complaint; investigation. (NRS 630A.200, 630A.295, 630A.299)

If the board, a member of the board or any other person who is aware of any act or circumstance that constitutes grounds for disciplinary action against a homeopathic assistant or an advanced practitioner of homeopathy desires to initiate disciplinary action against a homeopathic assistant or advanced practitioner of homeopathy, the board, member of the board or other person must file with the board a written complaint specifying the charge against the homeopathic assistant or advanced practitioner of homeopathy.
Unless the board determines that the complaint is without merit, in response to a complaint filed against a homeopathic assistant or advanced practitioner of homeopathy or on its own initiative, the board will assign an investigative committee to determine whether a charge against a homeopathic assistant or advanced practitioner of homeopathy justifies disciplinary action. The investigative committee will be composed of not less than three members of the board, at least one of whom is a licensed homeopathic physician.
Following an investigation, the investigative committee will present its evaluation and recommendations to the board. The board will review the findings of the committee to determine whether to take further action.
If the board determines after investigation that a homeopathic assistant or advanced practitioner of homeopathy has violated any of the provisions of this chapter, the board will notify the attorney general of its findings and any disciplinary action taken.
A member of the board who participates in an investigation will not participate in the review conducted pursuant to subsection 3 or in a subsequent hearing or action which is related to the investigation.
Before assigning the complaint to an investigative committee pursuant to subsection 2, the board must provide the supervising physician and homeopathic assistant or advanced practitioner of homeopathy, as applicable, with a copy of the complaint. If the board determines that a complaint is without merit, the board may provide the supervising physician and homeopathic assistant or advanced practitioner of homeopathy, as applicable, with a copy of the complaint, including the name of the person who filed the complaint.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff. 10-25-96; A by R058-00, 12-11-2000)

NAC 630A.580 Procedure for disciplinary action: Hearing.

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.
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.
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.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff 10-25-96)

NAC 630A.590 Requirements for service of notice.

The board will cause the notice required by NAC 630A.580 to be made either in person or by registered or certified mail, return receipt requested, and addressed to the homeopathic assistant or advanced practitioner of homeopathy and his supervising homeopathic physician at the last known address of each person. If service cannot be made in person and if notice by mail is returned undelivered, the secretary-treasurer of the board will publish notice once a week for 4 consecutive weeks in a newspaper published in the county of the last known address of the person, or, if no newspaper is published in the county, in a newspaper widely distributed in that county.
Proof of service of process or publication of notice made pursuant to this section will be recorded in the minutes of the board.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff 10-25-96)

NAC 630A.600 Mental or physical examination: Circumstances requiring examination; certification to practice deemed consent to examination; refusal of examination deemed admission of charge.

If the board determines that the conduct of a homeopathic assistant or advanced practitioner of homeopathy raises a reasonable question as to his competence to treat a patient with reasonable skill and safety, it will order him to undergo a mental or physical examination to test his competence and ability to practice as a homeopathic assistant or advanced practitioner.
A person who is certified by the board to practice as a homeopathic assistant or advanced practitioner shall be deemed to have consented to a mental or physical examination.
A homeopathic assistant or advanced practitioner who refuses to undergo a mental or physical examination shall be deemed to have admitted the charge made against him, and the board will take disciplinary action against such a person without further investigation or testimony.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff 10-25-96)

NAC 630A.610 Forms of disciplinary action; decision of board final; action to prevent unlawful or unauthorized conduct.

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.
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.
For the purposes of NRS 233B.130, a decision of the board pursuant to this section is a final decision.
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.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff 10-25-96)

NAC 630A.620 Requirements for removal of limitation on or restoration of certificate.

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.610 may apply to the board to remove the limitation or restore his certificate.
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.
In addition to the requirements of subsection 2, a homeopathic assistant or advanced practitioner whose certificate has been revoked must submit an application to the board pursuant to NAC 630A.300 or 630A.400, respectively, of this regulation and successfully complete the examination required of new applicants.
(Added to NAC by Bd. of Homeopathic Medical Exam’rs, eff 10-25-96

Chapter 630A

Homeopathic Medicine