[Rev. 11/21/2013 12:45:28 PM--2013]

CHAPTER 630A - HOMEOPATHIC MEDICINE

GENERAL PROVISIONS

NRS 630A.010        Definitions.

NRS 630A.015        “Advanced practitioner of homeopathy” defined.

NRS 630A.020        “Board” defined.

NRS 630A.030        “Gross malpractice” defined.

NRS 630A.035        “Homeopathic assistant” defined.

NRS 630A.040        “Homeopathic medicine” and “homeopathy” defined.

NRS 630A.050        “Homeopathic physician” defined.

NRS 630A.060        “Malpractice” defined.

NRS 630A.070        “Professional incompetence” defined.

NRS 630A.075        “Supervising homeopathic physician” defined.

NRS 630A.080        License or certificate as revocable privilege.

NRS 630A.090        Applicability.

BOARD OF HOMEOPATHIC MEDICAL EXAMINERS

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

NRS 630A.110        Qualifications of members.

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

NRS 630A.130        Oaths of office.

NRS 630A.135        Acknowledgment of statutory ethical standards.

NRS 630A.140        Officers.

NRS 630A.150        Meetings; quorum.

NRS 630A.155        Duties.

NRS 630A.160        Compensation of members and employees; deposit of money received by Board; delegation of authority concerning disciplinary action; deposit of fines; claim for attorney’s fees or cost of investigation.

NRS 630A.170        Seal.

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

NRS 630A.180        Fiscal year.

NRS 630A.190        Offices and employees.

NRS 630A.200        Regulations.

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

LICENSING AND CERTIFICATION

NRS 630A.220        Unlawful acts concerning practice of homeopathic medicine; limitation on use of designation of degree.

NRS 630A.225        Effect of revocation of license or certificate in another jurisdiction for gross medical negligence.

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

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

NRS 630A.241        Application; submission of fingerprints.

NRS 630A.246        Payment of child support: Submission of certain information by applicant; grounds for denial of license or certificate; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 630A.246        Payment of child support: Submission of certain information by applicant; grounds for denial of license or certificate; duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

NRS 630A.250        Oral examination.

NRS 630A.260        Reexamination.

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

NRS 630A.280        Reciprocity.

NRS 630A.290        Denial of license or certificate; notification; appeal; records of issuance and denial of licenses or certificates.

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

NRS 630A.295        Advanced practitioners of homeopathy: Regulations of Board.

NRS 630A.297        Homeopathic assistant: Certification; authorized services; supervising homeopathic physician.

NRS 630A.299        Homeopathic assistant: Regulations of Board.

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

NRS 630A.320        Limited license for resident homeopathic physician in postgraduate program of clinical training.

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

NRS 630A.330        Fees.

DISCIPLINARY ACTION

Preliminary Proceedings

NRS 630A.340        Grounds for initiating disciplinary action or denying licensure: Unprofessional conduct; criminal offenses; suspension or other modification of license or certificate in another jurisdiction; surrender of license or certificate while under investigation; gross or repeated malpractice; professional incompetence.

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

NRS 630A.360        Grounds for initiating disciplinary action or denying licensure: Accepting compensation to influence evaluation or treatment; inappropriate division of fees; charging for services not rendered; aiding practice by unlicensed person; advertising services of unlicensed person; delegating responsibility to unqualified person; failing to disclose conflict of interest.

NRS 630A.370        Grounds for initiating disciplinary action or denying licensure: Inability to practice; deceptive conduct; harmful medical practices; unlawful administration of controlled substance; unlawful abortion; practicing beyond scope of license or certificate; practicing experimental medicine without consent of patient; failure to exercise skill or diligence; certain operation of medical facility.

NRS 630A.380        Grounds for initiating disciplinary action or denying licensure: Willful disclosure of privileged communication; willful failure to comply with statute or regulation governing practice.

NRS 630A.390        Filing of complaint; reporting of disciplinary action and findings; retention of complaints.

NRS 630A.400        Review of complaint; composition of committee; investigation; Board authorized to retain Attorney General; Board authorized to transmit certain complaints and other information to Attorney General; Board review of committee’s findings.

NRS 630A.410        Investigation of complaint by Attorney General; determination of Board concerning further action; Attorney General authorized to charge Board for services.

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

NRS 630A.430        Examination to determine medical competence.

NRS 630A.440        Limitation of time for completion of examination if Board issues order for summary suspension of license.

NRS 630A.450        Stay by court of order of summary suspension prohibited.

NRS 630A.460        Injunctive relief.

 

Disciplinary Proceedings

NRS 630A.480        Commencement of disciplinary proceedings required for certain violations of Industrial Insurance Act.

NRS 630A.490        Service of process.

NRS 630A.500        Requirements for proof.

NRS 630A.510        Final order of Board; disciplinary actions available to Board; private reprimands prohibited; orders imposing discipline deemed public records.

NRS 630A.520        Judicial review of Board’s final order; stay of order pending final determination prohibited.

NRS 630A.530        Reinstatement of license or certificate.

 

Miscellaneous Provisions

NRS 630A.540        Immunity from civil liability; Board prohibited from taking certain action.

NRS 630A.543        Suspension of license or certificate for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license or certificate. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

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

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

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

UNLAWFUL ACTS; PENALTIES

NRS 630A.557        Inspection of premises by Board.

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

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

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

NRS 630A.590        Penalty for certain violations.

NRS 630A.600        Penalty for practicing without license or certificate.

_________

 

GENERAL PROVISIONS

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

      (Added to NRS by 1983, 1478)

      NRS 630A.015  “Advanced practitioner of homeopathy” defined.  “Advanced practitioner of homeopathy” means a person who has:

      1.  Complied with all of the requirements set forth in this chapter and the regulations adopted by the Board for advanced practitioners of homeopathy; and

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

      (Added to NRS by 1995, 2796)

      NRS 630A.020  “Board” defined.  “Board” means the Board of Homeopathic Medical Examiners.

      (Added to NRS by 1983, 1478)

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

      1.  Ministering to a patient while the homeopathic physician, advanced practitioner of homeopathy or homeopathic assistant is under the influence of alcohol or any controlled substance.

      2.  Gross negligence.

      3.  Willful disregard of homeopathic medical procedures.

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

      (Added to NRS by 1983, 1478; A 1987, 1555; 2013, 583)

      NRS 630A.035  “Homeopathic assistant” defined.  “Homeopathic assistant” means a person who is a graduate of an academic program approved by the Board or who, by general education, practical training and experience determined to be satisfactory by the Board, is qualified to perform homeopathic services under the supervision of a supervising homeopathic physician and who has been issued a certificate as a homeopathic assistant by the Board.

      (Added to NRS by 1995, 2796)

      NRS 630A.040  “Homeopathic medicine” and “homeopathy” defined.  “Homeopathic medicine” or “homeopathy” means a system of medicine employing substances of animal, vegetable, chemical or mineral origin, including:

      1.  Nosodes and sarcodes, which are:

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

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

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

Ê in accordance with the principle that a substance which produces symptoms in a healthy person can eliminate those symptoms in an ill person.

      2.  Noninvasive electrodiagnosis, cell therapy, neural therapy, herbal therapy, neuromuscular integration, orthomolecular therapy and nutrition.

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

      NRS 630A.050  “Homeopathic physician” defined.  “Homeopathic physician” means a person who has:

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

      2.  Received from the Board a license to practice homeopathic medicine.

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

      NRS 630A.060  “Malpractice” defined.  “Malpractice” means failure on the part of a homeopathic physician, advanced practitioner of homeopathy or homeopathic assistant to exercise the degree of care, diligence and skill ordinarily exercised by homeopathic physicians, advanced practitioners of homeopathy or homeopathic assistants, respectively, in good standing in the community in which he or she practices. As used in this section, “community” embraces the entire area customarily served by homeopathic physicians, advanced practitioners of homeopathy and homeopathic assistants among whom a patient may reasonably choose, not merely the particular area inhabited by the patients of that individual homeopathic physician, advanced practitioner of homeopathy or homeopathic assistant or the particular city or place where the homeopathic physician, advanced practitioner of homeopathy or homeopathic assistant has an office.

      (Added to NRS by 1983, 1479; A 2013, 583)

      NRS 630A.070  “Professional incompetence” defined.  “Professional incompetence” means lack of ability safely and skillfully to practice homeopathic medicine or one or more specified branches of homeopathic medicine as a homeopathic physician, or to practice as an advanced practitioner of homeopathy or as a homeopathic assistant, as applicable, arising from:

      1.  Lack of knowledge or training.

      2.  Impaired physical or mental capability of the homeopathic physician, advanced practitioner of homeopathy or homeopathic assistant.

      3.  Indulgence in the use of alcohol or any controlled substance.

      4.  Any other sole or contributing cause.

      (Added to NRS by 1983, 1479; A 2013, 584)

      NRS 630A.075  “Supervising homeopathic physician” defined.  “Supervising homeopathic physician” means an active homeopathic physician licensed in the State of Nevada who employs and supervises a homeopathic assistant or an advanced practitioner of homeopathy.

      (Added to NRS by 1995, 2796)

      NRS 630A.080  License or certificate as revocable privilege.  The purpose of licensing homeopathic physicians and certifying advanced practitioners of homeopathy and homeopathic assistants is to protect the public health and safety and the general welfare of the people of this State. Any license or certificate issued pursuant to this chapter is a revocable privilege and no holder of such a license or certificate acquires thereby any vested right.

      (Added to NRS by 1983, 1479; A 2013, 584)

      NRS 630A.090  Applicability.

      1.  This chapter does not apply to:

      (a) The practice of dentistry, chiropractic, Oriental medicine, podiatry, optometry, perfusion, respiratory care, faith or Christian Science healing, nursing, veterinary medicine or fitting hearing aids.

      (b) A medical officer of the Armed Forces or a medical officer of any division or department of the United States in the discharge of his or her official duties, including, without limitation, providing medical care in a hospital in accordance with an agreement entered into pursuant to NRS 449.2455.

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

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

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

      3.  This chapter does not prohibit:

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

      (b) The domestic administration of family remedies.

      4.  This chapter does not authorize a homeopathic physician to practice medicine, including allopathic medicine, except as otherwise provided in NRS 630A.040.

      (Added to NRS by 1983, 1480; A 1985, 1033; 1987, 2057; 1991, 1126; 1995, 1792; 1997, 1418; 2005, 2526; 2007, 1792; 2009, 820, 2974)

BOARD OF HOMEOPATHIC MEDICAL EXAMINERS

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

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

      NRS 630A.110  Qualifications of members.

      1.  Three members of the Board must be persons who are licensed to practice allopathic or osteopathic medicine in any state or country, the District of Columbia or a territory or possession of the United States, have been engaged in the practice of homeopathic medicine in this State for a period of more than 2 years preceding their respective appointments, are actually engaged in the practice of homeopathic medicine in this State and are residents of this State.

      2.  One member of the Board must be a person who has resided in this State for at least 3 years and who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care. This member may be licensed under the provisions of this chapter.

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

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

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

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

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

      (e) Have resided in this State for at least 3 years.

      4.  The members of the Board must be selected without regard to their individual political beliefs.

      5.  As used in this section, “healing art” means any system, treatment, operation, diagnosis, prescription or practice for the ascertainment, cure, relief, palliation, adjustment or correction of any human disease, ailment, deformity, injury, or unhealthy or abnormal physical or mental condition for the practice of which long periods of specialized education and training and a degree of specialized knowledge of an intellectual as well as physical nature are required.

      (Added to NRS by 1983, 1480; A 1985, 1034, 1766; 1987, 2057; 2003, 1190; 2013, 584)

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

      1.  Upon expiration of his or her term of office, a member shall continue to serve until a person qualified under this chapter is appointed as a successor.

      2.  A member of the Board may be removed by the Governor for good cause. The Governor shall appoint a person qualified under this chapter to replace a removed member for the remainder of the unexpired term.

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

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

      1.  The constitutional oath or affirmation of office; and

      2.  An oath or affirmation that the member is legally qualified to serve on the Board.

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

      NRS 630A.135  Acknowledgment of statutory ethical standards.

      1.  Each member of the Board shall comply with the provisions of NRS 281A.500.

      2.  Each member of the Board shall provide a copy of the acknowledgment filed pursuant to NRS 281A.500 to the Secretary-Treasurer of the Board, and the Secretary-Treasurer shall retain an acknowledgment provided pursuant to this section for 6 years after the date on which the acknowledgment was provided to the Secretary-Treasurer.

      (Added to NRS by 2009, 1017)

      NRS 630A.140  Officers.

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

      2.  The Board shall receive through its Secretary-Treasurer applications for the licenses and certificates issued under this chapter.

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

      (Added to NRS by 1983, 1481; A 1987, 2058; 2013, 585)

      NRS 630A.150  Meetings; quorum.

      1.  The Board shall meet at least twice annually and may meet at other times on the call of the President or a majority of its members.

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

      (Added to NRS by 1983, 1481)

      NRS 630A.155  Duties.  The Board shall:

      1.  Regulate the practice of homeopathic medicine in this State and any activities that are within the scope of such practice, to protect the public health and safety and the general welfare of the people of this State.

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

      3.  License or certify those applicants it finds to be qualified.

      4.  Investigate and, if required, hear and decide in a manner consistent with the provisions of chapter 622A of NRS all complaints made against any homeopathic physician, advanced practitioner of homeopathy, homeopathic assistant or any agent or employee of any of them, or any facility where the primary practice is homeopathic medicine. If a complaint concerns a practice which is within the jurisdiction of another licensing board or any other possible violation of state law, the Board shall refer the complaint to the other licensing board.

      5.  Unless the Board determines that extenuating circumstances exist, forward to the appropriate law enforcement agency any substantiated information submitted to the Board concerning a person who practices or offers to practice homeopathic medicine without the appropriate license or certificate issued pursuant to the provisions of this chapter.

      (Added to NRS by 1997, 1417; A 2005, 759, 2526; 2007, 1793; 2013, 1632, 2217)

      NRS 630A.160  Compensation of members and employees; deposit of money received by Board; delegation of authority concerning disciplinary action; deposit of fines; claim for attorney’s fees or cost of investigation.

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

      (a) A salary of not more than $150 per day, as fixed by the Board, while engaged in the business of the Board; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

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

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

      4.  All money received by the Board must be deposited in financial institutions in this State that are federally insured or insured by a private insurer approved pursuant to NRS 678.755.

      5.  In a manner consistent with the provisions of chapter 622A of NRS, the Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect administrative fines, court costs and attorney’s fees therefor and deposit the money therefrom in financial institutions in this State that are federally insured or insured by a private insurer approved pursuant to NRS 678.755.

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

      (Added to NRS by 1983, 1481; A 1987, 2058; 1989, 1696; 1995, 2798; 1999, 1530; 2005, 760; 2007, 2944)

      NRS 630A.170  Seal.

      1.  The Board shall procure a seal.

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

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

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

      (Added to NRS by 1995, 2798)

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

      (Added to NRS by 1983, 1481)

      NRS 630A.190  Offices and employees.  The Board may:

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

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

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

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

      (Added to NRS by 1983, 1481)

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

      1.  In a manner consistent with the provisions of chapter 622A of NRS, the Board may hold hearings and conduct investigations relating to its duties under this chapter and take evidence on any matter under inquiry before the Board. The Secretary-Treasurer of the Board or, in the Secretary-Treasurer’s absence, any member of the Board may administer oaths to any witness appearing before the Board. The Secretary-Treasurer or President of the Board may issue subpoenas to compel the attendance of witnesses and the production of books, medical records, X-ray photographs and other papers. The Secretary-Treasurer, President or other officer of the Board shall sign the subpoena on behalf of the Board.

      2.  If any person fails to comply with a subpoena issued by the Board, the Secretary-Treasurer or President of the Board may petition the district court for an order of the court compelling compliance with the subpoena.

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

      4.  If it appears to the court that the subpoena was regularly issued by the Board, the court shall enter an order compelling compliance with the subpoena, and upon failure to obey the order the person must be dealt with as for contempt of court.

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

LICENSING AND CERTIFICATION

      NRS 630A.220  Unlawful acts concerning practice of homeopathic medicine; limitation on use of designation of degree.

      1.  It is unlawful for any person:

      (a) To practice homeopathic medicine;

      (b) To hold himself or herself out as qualified to practice homeopathic medicine; or

      (c) To use in connection with his or her name the words or letters “H.M.D.” or any other title, word, letter or other designation intended to imply or designate the person as a practitioner of homeopathic medicine,

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

      2.  A physician licensed pursuant to this chapter who holds a degree such as doctor of medicine or doctor of osteopathy may identify himself or herself by that degree or its appropriate abbreviation, but unless the physician is also licensed pursuant to chapter 630 or 633 of NRS must further identify himself or herself by the words “practitioner of homeopathic medicine” or their equivalent.

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

      NRS 630A.225  Effect of revocation of license or certificate in another jurisdiction for gross medical negligence.

      1.  The Board shall not issue a license to practice homeopathic medicine or a certificate to practice as an advanced practitioner of homeopathy or as a homeopathic assistant to an applicant who has been licensed or certified to practice any type of medicine in another jurisdiction and whose license or certificate was revoked for gross medical negligence by that jurisdiction.

      2.  The Board may revoke the license or certificate of any person who has been licensed or certified to practice any type of medicine in another jurisdiction and whose license or certificate was revoked for gross medical negligence by that jurisdiction.

      3.  The revocation of a license or certificate to practice any type of medicine in another jurisdiction on grounds other than grounds which would constitute gross medical negligence constitutes grounds for initiating disciplinary action or denying the issuance of a license or certificate.

      4.  If a license or certificate to practice any type of medicine issued to an applicant in another jurisdiction has been revoked or surrendered, the applicant must provide proof satisfactory to the Board that the applicant is rehabilitated with respect to the conduct that was the basis for the revocation or surrender of the license or certificate when submitting an application for a license or certificate to the Board.

      5.  The Board shall vacate an order to deny a license or certificate if the denial is based on a conviction of:

      (a) A felony for a violation or offense described in paragraph (a), (b) or (d) of subsection 2 of NRS 630A.340; or

      (b) An offense involving moral turpitude,

Ê and the conviction is reversed on appeal. An applicant may resubmit an application for a license or certificate after a court enters an order reversing the conviction.

      6.  If the Board finds that an applicant has committed an act or engaged in conduct that constitutes grounds for initiating disciplinary action or denying the issuance of a license or certificate as set forth in NRS 630A.340 to 630A.380, inclusive, the Board shall investigate whether the act or conduct has been corrected or the matter has otherwise been resolved. If the matter has not been resolved to the satisfaction of the Board, the Board, before issuing a license or certificate, shall determine to its satisfaction whether or not mitigating circumstances exist which prevent the resolution of the matter.

      7.  For the purposes of this section, the Board shall adopt by regulation a definition of gross medical negligence.

      (Added to NRS by 1991, 1070; A 2013, 585)

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

      1.  Every person desiring to practice homeopathic medicine as a homeopathic physician must, before beginning to practice, procure from the Board a license authorizing such practice.

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

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

      (b) Is of good moral character;

      (c) Has received the degree of doctor of medicine or doctor of osteopathic medicine, or its equivalent as provided in paragraph (a) of subsection 1 of NRS 630A.240;

      (d) Is licensed in good standing to practice allopathic or osteopathic medicine in any state or country, the District of Columbia or a territory or possession of the United States;

      (e) Has completed a program of not less than 3 years of postgraduate training in allopathic or osteopathic medicine approved by the Board;

      (f) Has passed all oral or written examinations required by the Board or this chapter; and

      (g) Meets any additional requirements established by the Board, including, without limitation, requirements established by regulations adopted by the Board.

      (Added to NRS by 1983, 1482; A 1985, 310, 1035; 1987, 2059; 1991, 1070; 2013, 586)

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

      1.  An applicant for a license to practice homeopathic medicine as a homeopathic physician who is a graduate of a medical school located in the United States, Canada or the United Kingdom shall submit to the Board, through its Secretary-Treasurer, proof that the applicant has:

      (a) Received the degree of doctor of medicine from a medical school which at the time of his or her graduation was accredited by the Liaison Committee on Medical Education or the Committee for the Accreditation of Canadian Medical Schools, the degree of Bachelor of Medicine and Bachelor of Surgery or its equivalent from a medical school which at the time of his or her graduation was determined by the General Medical Council of the United Kingdom to be entitled to award primary medical qualifications, or the degree of doctor of osteopathic medicine from an osteopathic school which at the time of his or her graduation was accredited by the Bureau of Professional Education of the American Osteopathic Association;

      (b) Completed a program of not less than 3 years of postgraduate training in allopathic or osteopathic medicine approved by the Board; and

      (c) Completed not less than 600 hours of postgraduate training in homeopathy, 300 hours of which are completed in this State under the supervision of a homeopathic physician or through such other program as is deemed equivalent by the Board.

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

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

      (Added to NRS by 1983, 1482; A 1987, 2060; 2013, 586)

      NRS 630A.241  Application; submission of fingerprints.  In addition to any other requirements set forth in this chapter, each applicant for a license or certificate, including, without limitation, a reciprocal, limited, temporary, special or restricted license, must submit to the Board:

      1.  A complete set of fingerprints; and

      2.  Written permission authorizing the Board to forward the fingerprints submitted pursuant to subsection 1 to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      (Added to NRS by 2013, 583)

      NRS 630A.246  Payment of child support: Submission of certain information by applicant; grounds for denial of license or certificate; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

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

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

      (b) An applicant for the issuance or renewal of a license to practice homeopathic medicine, a certificate as an advanced practitioner of homeopathy or a certificate as a homeopathic assistant shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the Board.

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

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

      (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

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

      NRS 630A.246  Payment of child support: Submission of certain information by applicant; grounds for denial of license or certificate; duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

      1.  In addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a license to practice homeopathic medicine, a certificate as an advanced practitioner of homeopathy or a certificate as a homeopathic assistant shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the Board.

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

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

      (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      (Added to NRS by 1997, 2121; A 2005, 2715, 2716, 2807, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

      NRS 630A.250  Oral examination.

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

      2.  The Board may employ specialists and other consultants or examining services in conducting any examination required by the Board.

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

      NRS 630A.260  Reexamination.

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

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

      3.  If an applicant fails three consecutive examinations, he or she must show the Board by clear and convincing evidence that extraordinary circumstances justify permitting the applicant to be reexamined again.

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

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

      1.  An applicant for a license to practice homeopathic medicine who is a graduate of a foreign medical school shall submit to the Board through its Secretary-Treasurer proof that the applicant:

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

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

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

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

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

      (f) Has passed all parts of the Federation Licensing Examination, or has received a written statement from the Educational Commission for Foreign Medical Graduates that the applicant has passed the examination given by the Commission.

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

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

      4.  Before issuance of a license to practice homeopathic medicine, the applicant who presents the proof required by subsection 1 shall appear personally before the Board and satisfactorily pass a written or oral examination, or both, as to his or her qualifications to practice homeopathic medicine.

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

      NRS 630A.280  Reciprocity.  The Board may, in its discretion, license an applicant who holds a valid license or certificate issued to the applicant 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 license or certificate, in no degree or particular less than those of this State at the time when the license or 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.

      (Added to NRS by 1983, 1484)

      NRS 630A.290  Denial of license or certificate; notification; appeal; records of issuance and denial of licenses or certificates.

      1.  The Board may deny an application for a license to practice homeopathic medicine or a certificate to practice as an advanced practitioner of homeopathy or as a homeopathic assistant for any violation of the provisions of this chapter or the regulations adopted by the Board.

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

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

      4.  The Board shall maintain records pertaining to applicants to whom licenses and certificates have been issued or denied. The records must be open to the public and must contain:

      (a) The name of each applicant.

      (b) For an applicant for a license to practice homeopathic medicine, the name of the school granting the diploma and the date of the diploma.

      (c) The date of issuance or denial of the license or certificate.

      (d) The business address of the applicant.

      (Added to NRS by 1983, 1484; A 1985, 310; 1987, 2062; 2013, 587)

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

      1.  The Board may grant a certificate as an advanced practitioner of homeopathy to a person who has completed an educational program:

      (a) Consisting of not less than 400 hours of training, 200 hours of which are completed in this State under the supervision of a homeopathic physician or such other program as is deemed equivalent by the Board.

      (b) Designed to prepare the person to:

             (1) Perform designated acts of medical diagnosis;

             (2) Prescribe therapeutic or corrective measures; and

             (3) Prescribe substances used in homeopathic medicine.

      2.  An advanced practitioner of homeopathy may:

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

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

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

      3.  As used in this section, “protocol” means a written agreement between a homeopathic physician and an advanced practitioner of homeopathy which sets forth matters including the:

      (a) Patients which the advanced practitioner of homeopathy may serve;

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

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

      (Added to NRS by 1995, 2796; A 2013, 587)

      NRS 630A.295  Advanced practitioners of homeopathy: Regulations of Board.  The Board shall adopt regulations:

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

      2.  Delineating the authorized scope of practice of an advanced practitioner of homeopathy.

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

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

      5.  Establishing requirements for the continuing education of advanced practitioners of homeopathy.

      6.  Delineating the grounds respecting disciplinary actions against advanced practitioners of homeopathy.

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

      NRS 630A.297  Homeopathic assistant: Certification; authorized services; supervising homeopathic physician.

      1.  The Board may issue a certificate as a homeopathic assistant to an applicant who is qualified under the regulations of the Board and who has completed an educational program:

      (a) Consisting of not less than 200 hours of training, 100 hours of which are completed in this State under the supervision of a homeopathic physician or such other program as is deemed equivalent by the Board.

      (b) Designed to prepare the applicant to perform homeopathic services under the supervision of a supervising homeopathic physician.

      2.  The application for the certificate must be cosigned by the supervising homeopathic physician, and the certificate is valid only so long as that supervising homeopathic physician employs and supervises the homeopathic assistant.

      3.  A homeopathic assistant may perform such homeopathic services as he or she is authorized to perform under the terms of the certificate issued to the homeopathic assistant by the Board, if the services are performed under the supervision and control of the supervising homeopathic physician.

      4.  A supervising homeopathic physician shall not cosign for, employ or supervise more than seven homeopathic assistants at the same time.

      (Added to NRS by 1995, 2797; A 2013, 588)

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

      1.  The educational and other qualifications of applicants.

      2.  The required academic program for applicants.

      3.  The procedures for applications for and the issuance of certificates.

      4.  The tests or examinations of applicants by the Board.

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

      6.  The duration, renewal and termination of certificates.

      7.  The grounds respecting disciplinary actions against homeopathic assistants.

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

      9.  The establishment of requirements for the continuing education of homeopathic assistants.

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

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

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

      (a) Issue a temporary license, to be effective not more than 6 months after issuance, to any homeopathic physician who is eligible for a permanent license in this State and who also is of good moral character and reputation. The purpose of the temporary license is to enable an eligible homeopathic physician to serve as a substitute for some other homeopathic physician who is licensed to practice homeopathic medicine in this State and who is absent from his or her practice for reasons deemed sufficient by the Board. A temporary license issued under the provisions of this paragraph is not renewable.

      (b) Issue a special license to a licensed homeopathic physician of another state to come into Nevada to care for or assist in the treatment of his or her own patients in association with a physician licensed in this State. A special license issued under the provisions of this paragraph is limited to the care of a specific patient.

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

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

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

      NRS 630A.320  Limited license for resident homeopathic physician in postgraduate program of clinical training.

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

      (a) The applicant is a graduate of an accredited medical school in the United States or Canada or is a graduate of a foreign medical school recognized by the Educational Commission for Foreign Medical Graduates and:

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

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

      (b) The Board approves the program of clinical training, and the medical school or other institution sponsoring the program provides the Board with written confirmation that the applicant has been appointed to a position in the program.

      2.  In addition to the requirements of subsection 1, an applicant who is a graduate of a foreign medical school must have received the standard certificate of the Educational Commission for Foreign Medical Graduates.

      3.  The Board may issue this limited license for not more than 1 year, but may renew the license.

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

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

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

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

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

      (a) Apply to the Board for renewal;

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

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

      (d) Submit all information required to complete the renewal.

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

      3.  Any holder who fails to pay the annual fee for renewal and submit all information required to complete the renewal after they become due must be given a period of 60 days in which to pay the fee and submit all required information and, failing to do so, automatically forfeits the right to practice homeopathic medicine or to practice as an advanced practitioner of homeopathy or as a homeopathic assistant, as applicable, and his or her license to practice homeopathic medicine or certificate to practice as an advanced practitioner of homeopathy or as a homeopathic assistant in this State is automatically suspended. The holder may, within 2 years after the date his or her license or certificate is suspended, apply for the restoration of the license or certificate.

      4.  The Board shall notify any holder whose license or certificate is automatically suspended pursuant to subsection 3 and send a copy of the notice to the Drug Enforcement Administration of the United States Department of Justice or its successor agency.

      (Added to NRS by 1985, 546; A 1997, 2122; 2005, 2717, 2807; 2013, 588)

      NRS 630A.330  Fees.

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

      (a) Pay a fee of $500; and

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

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

      (a) Pay a fee of $300; and

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

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

      4.  Each applicant for a license or certificate who fails an examination and who is permitted to be reexamined must pay a fee not to exceed $400 for each reexamination.

      5.  If an applicant for a license or certificate does not appear for examination, for any reason deemed sufficient by the Board, the Board may, upon request, refund a portion of the application fee not to exceed 50 percent of the fee. There must be no refund of the application fee if an applicant appears for examination.

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

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

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

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

DISCIPLINARY ACTION

Preliminary Proceedings

      NRS 630A.340  Grounds for initiating disciplinary action or denying licensure: Unprofessional conduct; criminal offenses; suspension or other modification of license or certificate in another jurisdiction; surrender of license or certificate while under investigation; gross or repeated malpractice; professional incompetence.  The following acts, among others, constitute grounds for initiating disciplinary action or denying the issuance of a license or certificate:

      1.  Unprofessional conduct.

      2.  Conviction of:

      (a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

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

      (c) Any offense involving moral turpitude; or

      (d) Any offense relating to the practice of homeopathic medicine or the ability to practice homeopathic medicine or the practice, or the ability to practice, as an advanced practitioner of homeopathy or as a homeopathic assistant.

Ê A plea of nolo contendere to any offense listed in this subsection shall be deemed a conviction.

      3.  The suspension, modification or limitation of a license or certificate to practice any type of medicine or to perform any type of medical services by any other jurisdiction.

      4.  The surrender of a license or certificate to practice any type of medicine or to perform any type of medical services or the discontinuance of the practice of medicine while under investigation by any licensing or certifying authority, medical facility, facility for the dependent, branch of the Armed Forces of the United States, insurance company, agency of the Federal Government or employer.

      5.  Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a homeopathic physician, advanced practitioner of homeopathy or homeopathic assistant.

      6.  Professional incompetence.

      (Added to NRS by 1983, 1486; A 1987, 1555, 2064; 1991, 1072; 1993, 783; 2003, 2708; 2011, 848; 2013, 589)

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

      1.  Willfully making a false or fraudulent statement or submitting a forged or false document in applying for a license to practice homeopathic medicine or a certificate to practice as an advanced practitioner of homeopathy or as a homeopathic assistant.

      2.  Willfully representing with the purpose of obtaining compensation or other advantages for himself or herself or for any other person that a manifestly incurable disease or injury or other manifestly incurable condition can be permanently cured.

      3.  Obtaining, maintaining or renewing, or attempting to obtain, maintain or renew, a license to practice homeopathic medicine or a certificate to practice as an advanced practitioner of homeopathy or as a homeopathic assistant by bribery, fraud or misrepresentation or by any false, misleading, inaccurate or incomplete statement.

      4.  Advertising the practice of homeopathic medicine or practice as an advanced practitioner of homeopathy or as a homeopathic assistant in a false, deceptive or misleading manner.

      5.  Practicing or attempting to practice homeopathic medicine, or practicing or attempting to practice as an advanced practitioner of homeopathy or as a homeopathic assistant, under a name other than the name under which the person practicing or attempting to practice is licensed or certified.

      6.  Signing a blank prescription form.

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

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

      9.  Terminating the medical care of a patient without giving adequate notice or making other arrangements for the continued care of the patient.

      (Added to NRS by 1983, 1486; A 1987, 2064; 2013, 589)

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

      1.  Directly or indirectly receiving from any person any fee, commission, rebate or other form of compensation which tends or is intended to influence the physician’s objective evaluation or treatment of a patient.

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

      3.  Charging for visits to the homeopathic physician’s office which did not occur or for services which were not rendered or documented in the records of the patient.

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

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

      6.  Delegating responsibility for the care of a patient to a person whom the homeopathic physician knows, or has reason to know, is not qualified to undertake that responsibility.

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

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

      NRS 630A.370  Grounds for initiating disciplinary action or denying licensure: Inability to practice; deceptive conduct; harmful medical practices; unlawful administration of controlled substance; unlawful abortion; practicing beyond scope of license or certificate; practicing experimental medicine without consent of patient; failure to exercise skill or diligence; certain operation of medical facility.  The following acts, among others, constitute grounds for initiating disciplinary action or denying the issuance of a license or certificate:

      1.  Inability to practice homeopathic medicine or to practice as an advanced practitioner of homeopathy or as a homeopathic assistant, as applicable, with reasonable skill and safety because of an illness, a mental or physical condition or the use of alcohol, drugs, narcotics or any other addictive substance.

      2.  Engaging in any:

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

      (b) Medical practice harmful to the public or any conduct detrimental to the public health, safety or morals which does not constitute gross or repeated malpractice or professional incompetence.

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

      4.  Performing, assisting or advising an unlawful abortion or in the injection of any liquid substance into the human body to cause an abortion.

      5.  Practicing or offering to practice beyond the scope permitted by law, or performing services which the homeopathic physician, advanced practitioner of homeopathy or homeopathic assistant knows or has reason to know he or she is not competent to perform.

      6.  Performing any procedure without first obtaining the informed consent of the patient or the patient’s family or prescribing any therapy which by the current standards of the practice of homeopathic medicine is experimental.

      7.  Continued failure to exercise the skill or diligence or use the methods ordinarily exercised under the same circumstances by homeopathic physicians, advanced practitioners of homeopathy and homeopathic assistants in good standing who practice homeopathy and electrodiagnosis, as applicable.

      8.  Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

      (a) The license of the facility is suspended or revoked; or

      (b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This subsection applies to an owner or other principal responsible for the operation of the facility.

      (Added to NRS by 1983, 1487; A 1987, 1555, 2066; 2009, 881; 2013, 590)

      NRS 630A.380  Grounds for initiating disciplinary action or denying licensure: Willful disclosure of privileged communication; willful failure to comply with statute or regulation governing practice.  The following acts, among others, constitute grounds for initiating disciplinary action or denying the issuance of a license or certificate:

      1.  Willful disclosure of a communication privileged under a statute or court order.

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

      3.  Willful failure to perform any statutory or other legal obligation imposed upon a licensed homeopathic physician, a certified advanced practitioner of homeopathy or a certified homeopathic assistant, as applicable.

      (Added to NRS by 1983, 1487; A 1987, 2066; 2013, 591)

      NRS 630A.390  Filing of complaint; reporting of disciplinary action and findings; retention of complaints.

      1.  Any person who becomes aware that a person practicing medicine or practicing as an advanced practitioner of homeopathy or as a homeopathic assistant in this State has, is or is about to become engaged in conduct which constitutes grounds for initiating disciplinary action may file a written complaint with the Board. A complaint may be filed anonymously. If a complaint is filed anonymously, the Board may accept the complaint but may refuse to consider the complaint if anonymity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint.

      2.  Any medical society or medical facility or facility for the dependent licensed in this State shall report to the Board the initiation and outcome of any disciplinary action against any homeopathic physician, advanced practitioner of homeopathy or homeopathic assistant concerning the care of a patient or the competency of the homeopathic physician, advanced practitioner of homeopathy or homeopathic assistant.

      3.  The clerk of every court shall report to the Board any finding, judgment or other determination of the court that a homeopathic physician, advanced practitioner of homeopathy or homeopathic assistant:

      (a) Is mentally ill;

      (b) Is mentally incompetent;

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

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

      (e) Is liable for damages for malpractice or negligence.

      4.  The Board shall retain all complaints filed with the Board pursuant to this section for at least 10 years, including, without limitation, any complaints not acted upon.

      (Added to NRS by 1983, 1487; A 1987, 2067; 2009, 882; 2013, 591, 2218)

      NRS 630A.400  Review of complaint; composition of committee; investigation; Board authorized to retain Attorney General; Board authorized to transmit certain complaints and other information to Attorney General; Board review of committee’s findings.

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

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

      3.  If, from the complaint or from other official records, it appears that the complaint is not frivolous and the complaint charges gross or repeated malpractice, the Board may:

      (a) Retain the Attorney General to investigate the complaint; and

      (b) If the Board retains the Attorney General, transmit the original complaint, along with further facts or information derived from its own review, to the Attorney General.

      4.  Following an investigation, the committee shall present its evaluation and recommendations to the Board. The Board shall review the committee’s findings to determine whether to take any further action, but a member of the Board who participated in the investigation may not participate in this review or in any subsequent hearing or action taken by the Board.

      (Added to NRS by 1983, 1487; A 1987, 2067; 2011, 369)

      NRS 630A.410  Investigation of complaint by Attorney General; determination of Board concerning further action; Attorney General authorized to charge Board for services.

      1.  If the Board retains the Attorney General pursuant to NRS 630A.400, the Attorney General shall conduct an investigation of the complaint transmitted to the Attorney General to determine whether it warrants proceedings for modification, suspension or revocation of license. If the Attorney General determines that such further proceedings are warranted, the Attorney General shall report the results of the investigation together with a recommendation to the Board in a manner which does not violate the right of the person charged in the complaint to due process in any later hearing before the Board.

      2.  The Board shall promptly make a determination with respect to each complaint reported to it by the Attorney General as to what action shall be pursued. The Board shall:

      (a) Dismiss the complaint; or

      (b) Proceed with appropriate disciplinary action.

      3.  If the Board retains the Attorney General pursuant to NRS 630A.400, the Attorney General may, in accordance with the provisions of NRS 228.113, charge the Board for all services relating to the investigation of a complaint.

      (Added to NRS by 1983, 1488; A 2011, 369)

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

      1.  If the Board or its investigative committee has reason to believe that the conduct of any homeopathic physician has raised a reasonable question as to his or her competence to practice medicine with reasonable skill and safety to patients, it may order the homeopathic physician to undergo:

      (a) A mental or physical examination; or

      (b) An examination of his or her competence to practice homeopathic medicine,

Ê by physicians or others designated by the Board to assist the Board in determining the fitness of the homeopathic physician to practice homeopathic medicine.

      2.  For the purposes of this section:

      (a) Every homeopathic physician who applies for a license or is licensed under this chapter shall be deemed to have given consent to submit to a mental or physical examination or an examination of his or her competence to practice homeopathic medicine when directed to do so in writing by the Board or an investigative committee of the Board.

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

      3.  Except in extraordinary circumstances, as determined by the Board, the failure of a homeopathic physician licensed under this chapter to submit to an examination when directed as provided in this section constitutes an admission of the charges against the homeopathic physician.

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

      NRS 630A.430  Examination to determine medical competence.  If the Board has reason to believe that the conduct of any homeopathic physician has raised a reasonable question as to his or her competence to practice homeopathic medicine with reasonable skill and safety to patients, the Board may order an examination of the homeopathic physician to determine his or her fitness to practice homeopathic medicine. When such action is taken, the reasons for the action must be documented and must be available to the homeopathic physician being examined.

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

      NRS 630A.440  Limitation of time for completion of examination if Board issues order for summary suspension of license.  Notwithstanding the provisions of chapter 622A of NRS, if the Board issues an order summarily suspending the license of a homeopathic physician pending proceedings for disciplinary action and requires the homeopathic physician to submit to a mental or physical examination or an examination of his or her competence to practice homeopathic medicine, the examination must be conducted and the results obtained not later than 60 days after the Board issues its order.

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

      NRS 630A.450  Stay by court of order of summary suspension prohibited.  Notwithstanding the provisions of chapter 622A of NRS, if the Board issues an order summarily suspending the license of a homeopathic physician pending proceedings for disciplinary action, including, without limitation, a summary suspension pursuant to NRS 233B.127, the court shall not stay that order.

      (Added to NRS by 1983, 1489; A 1987, 2069; 2005, 762; 2009, 882)

      NRS 630A.460  Injunctive relief.

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

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

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

      (c) Limit a homeopathic physician’s practice or suspend his or her license to practice homeopathic medicine.

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

      (a) Without proof of actual damage sustained by any person;

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

      (c) Pending proceedings for disciplinary action by the Board.

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

Disciplinary Proceedings

      NRS 630A.480  Commencement of disciplinary proceedings required for certain violations of Industrial Insurance Act.  Notwithstanding the provisions of chapter 622A of NRS, if the Board receives a report pursuant to subsection 5 of NRS 228.420, a disciplinary proceeding regarding the report must be commenced within 30 days after the Board receives the report.

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

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

      1.  Service of process made under this chapter must be either personal or by registered or certified mail with return receipt requested, addressed to the homeopathic physician, advanced practitioner of homeopathy or homeopathic assistant at his or her last known address. If personal service cannot be made and if notice by mail is returned undelivered, the Secretary-Treasurer of the Board shall cause notice to be published once a week for 4 consecutive weeks in a newspaper published in the county of the last known address of the homeopathic physician, advanced practitioner of homeopathy or homeopathic assistant or, if no newspaper is published in that county, then in a newspaper widely distributed in that county.

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

      (Added to NRS by 1983, 1489; A 1987, 2070; 2005, 762; 2013, 591)

      NRS 630A.500  Requirements for proof.  Notwithstanding the provisions of chapter 622A of NRS, in any disciplinary hearing:

      1.  Proof of actual injury need not be established.

      2.  A certified copy of the record of a court or a licensing or certifying agency showing a conviction or plea of nolo contendere or the suspension, revocation, limitation, modification, denial or surrender of a license to practice homeopathic medicine or a certificate to practice as an advanced practitioner of homeopathy or as a homeopathic assistant is conclusive evidence of its occurrence.

      (Added to NRS by 1983, 1490; A 1987, 2070; 2005, 762; 2013, 592)

      NRS 630A.510  Final order of Board; disciplinary actions available to Board; private reprimands prohibited; orders imposing discipline deemed public records.

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

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

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

      (b) Administer to the person a public reprimand.

      (c) Limit the practice of the person or exclude a method of treatment from the scope of his or her practice.

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

      (e) Revoke the person’s license to practice homeopathic medicine or certificate to practice as an advanced practitioner of homeopathy or as a homeopathic assistant.

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

      (g) Require supervision of the person’s practice.

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

      (i) Require the person to perform community service without compensation.

      (j) Require the person to take a physical or mental examination or an examination of his or her competence to practice homeopathic medicine or to practice as an advanced practitioner of homeopathy or as a homeopathic assistant, as applicable.

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

      3.  The Board shall not administer a private reprimand.

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

      (Added to NRS by 1983, 1490; A 1987, 2070; 1993, 885; 2001 Special Session, 154; 2003, 3437; 2005, 763; 2013, 592)

      NRS 630A.520  Judicial review of Board’s final order; stay of order pending final determination prohibited.

      1.  Any person aggrieved by a final order of the Board is entitled to judicial review of the Board’s order as provided by law.

      2.  Every order of the Board which limits the practice of homeopathic medicine or the practice of an advanced practitioner of homeopathy or of a homeopathic assistant or suspends or revokes a license or certificate is effective from the date the Secretary-Treasurer of the Board certifies the order until the date the order is modified or reversed by a final judgment of the court. The court shall not stay the order of the Board pending a final determination by the court.

      3.  The district court shall give a petition for judicial review of the Board’s order priority over other civil matters which are not expressly given priority by law.

      (Added to NRS by 1983, 1490; A 1987, 2071; 2005, 763; 2013, 593)

      NRS 630A.530  Reinstatement of license or certificate.

      1.  Any person:

      (a) Whose practice of homeopathic medicine has been limited; or

      (b) Whose license to practice homeopathic medicine or certificate to practice as an advanced practitioner of homeopathy or as a homeopathic assistant has been:

             (1) Suspended until further order; or

             (2) Revoked,

Ê may apply to the Board for removal of the limitation or suspension or may apply to the Board pursuant to the provisions of chapter 622A of NRS for reinstatement of the revoked license or certificate.

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

      (a) May require the applicant to submit to a mental or physical examination or an examination of his or her competence to practice homeopathic medicine or to practice as an advanced practitioner of homeopathy or as a homeopathic assistant, as applicable, by physicians or other persons whom it designates and submit such other evidence of changed conditions and of fitness as it deems proper.

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

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

      3.  The applicant has the burden of proving by clear and convincing evidence that the requirements for reinstatement of the license or certificate or removal of the limitation or suspension have been met.

      4.  The Board shall not reinstate a license or certificate unless it is satisfied that the applicant has complied with all of the terms and conditions set forth in the final order of the Board and that the applicant is capable of practicing homeopathic medicine or practicing as an advanced practitioner of homeopathy or as a homeopathic assistant, as applicable, with reasonable skill and safety to patients.

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

      (Added to NRS by 1983, 1490; A 1987, 2071; 2005, 763; 2013, 593)

Miscellaneous Provisions

      NRS 630A.540  Immunity from civil liability; Board prohibited from taking certain action.

      1.  In addition to any other immunity provided by the provisions of chapter 622A of NRS:

      (a) Any person who furnishes information to the Board, in good faith in accordance with the provisions of this chapter, concerning a person who is licensed or certified or applies for a license or certificate under this chapter is immune from civil liability for furnishing that information.

      (b) The Board and its members, staff, counsel, investigators, experts, committees, panels, hearing officers and consultants are immune from civil liability for any decision or action taken in good faith in response to information received by the Board.

      (c) The Board and any of its members are immune from civil liability for disseminating information concerning a person who is licensed or certified or applies for a license or certificate under this chapter to the Attorney General or any board or agency of the State, hospital, medical society, insurer, employer, patient or patient’s family or law enforcement agency.

      2.  The Board shall not commence an investigation, impose any disciplinary action or take any other adverse action against a homeopathic physician for:

      (a) Disclosing to a governmental entity a violation of any law, rule or regulation by an applicant for a license to practice homeopathic medicine or by a homeopathic physician; or

      (b) Cooperating with a governmental entity that is conducting an investigation, hearing or inquiry into such a violation, including, without limitation, providing testimony concerning the violation.

      3.  As used in this section, “governmental entity” includes, without limitation:

      (a) A federal, state or local officer, employee, agency, department, division, bureau, board, commission, council, authority or other subdivision or entity of a public employer;

      (b) A federal, state or local employee, committee, member or commission of the Legislative Branch of Government;

      (c) A federal, state or local representative, member or employee of a legislative body or a county, town, village or any other political subdivision or civil division of the State;

      (d) A federal, state or local law enforcement agency or prosecutorial office, or any member or employee thereof, or police or peace officer; and

      (e) A federal, state or local judiciary, or any member or employee thereof, or grand or petit jury.

      (Added to NRS by 1983, 1491; A 1987, 2072; 1995, 2800; 2005, 764; 2009, 1424)

      NRS 630A.543  Suspension of license or certificate for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license or certificate. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  If the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license to practice homeopathic medicine or a certificate to practice as an advanced practitioner of homeopathy or as a homeopathic assistant, the Board shall deem the license or certificate issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Board receives a letter issued to the holder of the license or certificate by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license or certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

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

      (a) The Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license or certificate was suspended stating that the person whose license or certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560; and

      (b) The person whose license or certificate was suspended pays the fee prescribed in NRS 630A.330 for the reinstatement of a suspended license or certificate.

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

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

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

      2.  A decision of a hearing officer or panel relating to the imposition of an administrative fine is a final decision in a contested case.

      (Added to NRS by 1995, 2798)

      NRS 630A.550  Disciplinary action does not preclude limitation or termination of privileges of licensee or holder of certificate or criminal prosecution; immunity from civil liability.  The filing and review of a complaint, its dismissal without further action or its transmittal to the Attorney General, and any subsequent disposition by the Board, the Attorney General or any reviewing court do not preclude:

      1.  Any measure by a hospital or other institution or medical society to limit or terminate the privileges of a homeopathic physician, advanced practitioner of homeopathy or homeopathic assistant according to its rules or the custom of the profession. No civil liability attaches to any such action taken without malice even if the ultimate disposition of the complaint is in favor of the homeopathic physician, advanced practitioner of homeopathy or homeopathic assistant.

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

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

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

      1.  Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      2.  The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all documents and information considered by the Board when determining whether to impose discipline are public records.

      3.  The Board shall, to the extent feasible, communicate or cooperate with or provide any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      (Added to NRS by 1995, 504; A 2003, 3438; 2005, 764; 2007, 2135; 2013, 2218)

UNLAWFUL ACTS; PENALTIES

      NRS 630A.557  Inspection of premises by Board.  Any member or agent of the Board may enter any premises in this State where a person who holds a license or certificate issued pursuant to the provisions of this chapter practices homeopathic medicine and inspect it to determine whether a violation of any provision of this chapter has occurred, including, without limitation, an inspection to determine whether any person at the premises is practicing homeopathic medicine without the appropriate license or certificate issued pursuant to the provisions of this chapter.

      (Added to NRS by 2013, 2217)

      NRS 630A.560  Prosecution of violators; employment of investigators.  In a manner consistent with the provisions of chapter 622A of NRS, the Board is authorized to prosecute all persons guilty of violation of the provisions of this chapter and may employ investigators and such other assistants as may be necessary to carry out the provisions of this chapter and chapter 622A of NRS, but any expenses so incurred must not be paid out of the State General Fund.

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

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

      1.  The Board through its President or Secretary-Treasurer or the Attorney General may maintain in any court of competent jurisdiction a suit for an injunction against any person or persons practicing homeopathic medicine without a license or practicing as an advanced practitioner of homeopathy or as a homeopathic assistant without the appropriate certificate.

      2.  Such an injunction:

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

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

      (Added to NRS by 1983, 1491; A 1995, 2800; 2013, 594)

      NRS 630A.580  Sufficiency of allegations of complaint seeking injunctive relief.  In seeking injunctive relief against any person for an alleged violation of this chapter by practicing homeopathic medicine without a license or practicing as an advanced practitioner of homeopathy or as a homeopathic assistant without the appropriate certificate, it is sufficient to allege that the person did, upon a certain day, and in a certain county of this State, engage in the practice of homeopathic medicine or in the practice of an advanced practitioner of homeopathy or of a homeopathic assistant without having the appropriate license or certificate to do so, without alleging any further or more particular facts concerning the matter.

      (Added to NRS by 1983, 1491; A 1987, 2073; 1995, 2800; 2013, 594)

      NRS 630A.590  Penalty for certain violations.  A person who:

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

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

      3.  Practices homeopathic medicine or practices as an advanced practitioner of homeopathy or as a homeopathic assistant under a false or assumed name; or

      4.  Except as otherwise provided in NRS 629.091, or unless a greater penalty is provided pursuant to NRS 200.830 or 200.840, practices homeopathic medicine or practices as an advanced practitioner of homeopathy or as a homeopathic assistant without being appropriately licensed or certified under this chapter,

Ê is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      (Added to NRS by 1983, 1492; A 1985, 311; 1987, 2073; 1995, 750, 1310, 1333, 2800; 2013, 594, 995)

      NRS 630A.600  Penalty for practicing without license or certificate.

      1.  Except as otherwise provided in NRS 629.091, a person who practices homeopathic medicine or who practices as an advanced practitioner of homeopathy or as a homeopathic assistant without the appropriate license or certificate issued pursuant to this chapter is guilty of a category D felony and shall be punished as provided in NRS 193.130, unless a greater penalty is provided pursuant to NRS 200.830 or 200.840.

      2.  In addition to any other penalty prescribed by law, if the Board determines that a person is practicing homeopathic medicine without a license or certificate issued pursuant to this chapter, the Board may:

      (a) Issue and serve on the person an order to cease and desist until the person obtains from the Board the proper license or certificate or otherwise demonstrates that he or she is no longer in violation of subsection 1. An order to cease and desist must include a telephone number with which the person may contact the Board.

      (b) Issue a citation to the person. A citation issued pursuant to this paragraph must be in writing, describe with particularity the nature of the violation and inform the person of the provisions of this paragraph. Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued. To appeal a citation, the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation.

      (c) Assess against the person an administrative fine of not more than $5,000.

      (d) Impose any combination of the penalties set forth in paragraphs (a), (b) and (c).

      (Added to NRS by 1983, 1492; A 1995, 750, 1310, 1333, 2801; 2013, 594, 995, 2218)