NRS: CHAPTER 634B - NAPRAPATHS

[Rev. 6/29/2024 4:46:34 PM--2023]

CHAPTER 634B - NAPRAPATHS

GENERAL PROVISIONS

NRS 634B.010 Definitions.

NRS 634B.020 “Advisory Board” defined.

NRS 634B.030 “Board” defined.

NRS 634B.040 “Division” defined.

NRS 634B.050 “Naprapath” defined.

NRS 634B.060 “Naprapathy” defined.

NRS 634B.070 Applicability of chapter: Federal employees; person permitted to practice other healing arts.

NRS 634B.080 Applicability of chapter: Conditions under which person authorized to practice naprapathy without license or hold self out as doctor of naprapathy; registration required for teacher, advisor or supervisor in certain education programs.

ADMINISTRATION

NRS 634B.100 Creation; number, appointment and qualifications of members; terms; vacancies; removal; per diem allowance and travel expenses.

NRS 634B.110 Officers; meetings; duty to advise Board on regulations; quorum.

NRS 634B.120 Regulations.

LICENSES

NRS 634B.200 Requirements for applying for license.

NRS 634B.210 Expedited license by endorsement: Requirements; procedure for issuance.

NRS 634B.220 Expedited license by endorsement to practice as naprapath for active member of Armed Forces, member’s spouse, veteran or veteran’s surviving spouse: Requirements; procedure for issuance; provisional license pending action on application.

NRS 634B.230 Submission of fingerprints.

NRS 634B.240 Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Division. [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 634B.240 Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Division. [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 634B.250 Examinations.

NRS 634B.260 Expiration and renewal of license: Application; continuing education; fee.

NRS 634B.270 Inquiry into and documentation of veteran status of new adult patients; provision of contact information for Department of Veterans Services; authority of Division to ask applicant for renewal of license regarding performance of such actions.

NRS 634B.280 Display of license and diploma.

NRS 634B.290 Duty to refer patient to provider of health care when diagnosis or treatment exceeds ability of naprapath.

DISCIPLINARY AND OTHER ACTIONS

NRS 634B.700 Grounds for disciplinary action against licensee; regulations governing procedure for imposing and types of disciplinary action.

NRS 634B.710 Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [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 634B.720 Commencement of disciplinary proceedings required for certain violations of Industrial Insurance Act; regulations.

NRS 634B.730 Confidentiality of certain records of Division; exceptions.

PROHIBITED ACTS; PENALTIES; ENFORCEMENT

NRS 634B.900 Certain acts prohibited without license.

NRS 634B.910 Injunction.

_________

GENERAL PROVISIONS

NRS 634B.010 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 634B.020 to 634B.060, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2023, 1663)

NRS 634B.020 “Advisory Board” defined. “Advisory Board” means the Naprapathic Practice Advisory Board created by NRS 634B.100.

(Added to NRS by 2023, 1663)

NRS 634B.030 “Board” defined. “Board” means the State Board of Health.

(Added to NRS by 2023, 1663)

NRS 634B.040 “Division” defined. “Division” means the Division of Public and Behavioral Health of the Department of Health and Human Services.

(Added to NRS by 2023, 1663)

NRS 634B.050 “Naprapath” defined. “Naprapath” means a person who is a graduate of a program of education in naprapathy approved by the Division or who, by general education, practical training and experience determined to be satisfactory by the Division, is qualified to practice naprapathy and who has been issued a license by the Division.

(Added to NRS by 2023, 1663)

NRS 634B.060 “Naprapathy” defined.

1. “Naprapathy” means the diagnosis and treatment of contractures, muscle spasms, inflammation, scars, adhesions, lesions, laxity, hypotonicity, rigidity, structural imbalances, bruises, contusions, muscular atrophy, partial separation of connective tissue fibers and other connective tissue disorders through the use of techniques, including, without limitation:

(a) Reviewing case history;

(b) The manipulation of connective tissue for examination and treatment;

(d) Postural and nutritional counseling; and

(e) The application of heat, cold, light, water, radiant energy, electricity, sound, air and assistive devices for the purpose of preventing, correcting or alleviating a physical disability.

2. The term:

(a) Includes, without limitation:

(1) Advising or supervising the practice of naprapathy by another person who is licensed or otherwise authorized by this chapter to practice naprapathy; and

(2) Teaching the practice of naprapathy to any person.

(b) Does not include:

(1) Surgery, pharmacology or invasive diagnostic testing;

(2) Physical therapy, as defined in NRS 640.022, or the practice of physical therapy, as defined in NRS 640.024;

(3) Chiropractic, as defined in NRS 634.013, or any manipulation that constitutes chiropractic adjustment, as defined in NRS 634.014;

(4) Massage therapy, as defined in NRS 640C.060, or structural integration, as defined in NRS 640C.085; or

(5) Any procedure that breaks the skin, including, without limitation, the use of needles or syringes.

(Added to NRS by 2023, 1663)

NRS 634B.070 Applicability of chapter: Federal employees; person permitted to practice other healing arts. This chapter does not apply to:

1. A naprapath of any division or department of the United States in the discharge of his or her official duties unless licensure by a state is required by the division or department of the United States.

2. Any person permitted to practice any other healing art under this title who does so within the scope of that authority, or healing by faith or Christian Science.

(Added to NRS by 2023, 1664)

1. A person who is enrolled in a program of education in naprapathy that is approved by the Division pursuant to the regulations adopted pursuant to subsection 2 of NRS 634B.120 and who is not licensed to practice naprapathy may engage in the practice of naprapathy while under the supervision of a licensed naprapath.

2. A person who is not licensed to practice naprapathy may practice naprapathy in this State for not more than 1 month in a calendar year as part of his or her duties as a teacher, advisor or supervisor in a program of education in naprapathy or a program of continuing education for naprapaths if the person registers with the Division as a teacher, advisor or supervisor.

3. A person who has graduated from a program of education in naprapathy that is approved by the Division pursuant to the regulations adopted pursuant to subsection 2 of NRS 634B.120 may hold himself or herself out as a doctor of naprapathy and use the letters “D.N.” following his or her name, regardless of whether he or she is licensed pursuant to this chapter. Such a person who is not licensed pursuant to this chapter shall not identify himself or herself as a naprapath or otherwise hold himself or herself out as licensed or qualified to engage in the practice of naprapathy in this State.

(Added to NRS by 2023, 1665)

ADMINISTRATION

NRS 634B.100 Creation; number, appointment and qualifications of members; terms; vacancies; removal; per diem allowance and travel expenses.

1. The Naprapathic Practice Advisory Board is hereby created.

2. The Governor shall appoint to the Advisory Board:

(a) Three members who are licensed as naprapaths in this State or any other state; and

(b) Two members who are representatives of the public.

3. Each member of the Advisory Board:

(a) Must be a resident of this State; and

(b) May not serve more than two consecutive terms.

4. After the initial terms, the members of the Advisory Board must be appointed to terms of 4 years. A member:

(a) Serves until a replacement is appointed; and

(b) May not serve more than two full terms.

5. A vacancy on the Advisory Board must be filled in the same manner as the original appointment for the remainder of the unexpired term.

6. The Governor may remove a member of the Advisory Board for incompetence, neglect of duty, moral turpitude or malfeasance in office.

7. The members of the Advisory Board are not entitled to receive a salary. While engaged in the business of the Advisory Board, each member of the Advisory Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the State Board of Health. The rate must not exceed the rate provided for officers and employees of this State generally.

(Added to NRS by 2023, 1664)

NRS 634B.110 Officers; meetings; duty to advise Board on regulations; quorum.

1. The Advisory Board shall:

(a) Elect from its members a Chair and any other officers determined necessary by the members of the Advisory Board at the first meeting of each year;

(b) Meet at least two times each year at the call of the Chair of the Advisory Board, or upon the written request of at least three members of the Advisory Board; and

2. A majority of the members of the Advisory Board constitutes a quorum for the transaction of the business of the Advisory Board.

(Added to NRS by 2023, 1664)

NRS 634B.120 Regulations. The Board, with the advice of the Advisory Board, shall adopt regulations:

1. Governing the licensure of naprapaths and the practice of naprapathy, including, without limitation:

(a) The minimum hours of clinical experience and other minimum qualifications for licensure as a naprapath, in addition to the qualifications prescribed by NRS 634B.200;

(b) Rules of professional conduct for naprapaths;

(c) The requirements to register as a teacher, advisor or supervisor pursuant to subsection 2 of NRS 634B.080, including, without limitation, the fee for such registration;

(d) The requirements for continuing education for the renewal of a license as a naprapath; and

(e) Requirements governing advertising or the use of promotional materials by a naprapath; and

2. Prescribing requirements for the approval of programs of education in naprapathy by the Division, including, without limitation, regulations governing the curriculum for such programs.

(Added to NRS by 2023, 1665)

LICENSES

NRS 634B.200 Requirements for applying for license. Except as otherwise provided in NRS 634B.210 and 634B.220, an applicant for a license to practice naprapathy must:

1. Be at least 21 years of age;

2. Have a bachelor’s degree;

3. Have graduated from a program of education in naprapathy approved by the Division pursuant to the regulations adopted pursuant to subsection 2 of NRS 634B.120;

4. Pass the test prepared or designated by the Board pursuant to NRS 634B.250;

5. Submit to the Division an application fee of $500; and

6. Possess any other qualifications required by the Board pursuant to NRS 634B.120.

(Added to NRS by 2023, 1665)

NRS 634B.210 Expedited license by endorsement: Requirements; procedure for issuance.

1. The Division may issue a license by endorsement to practice naprapathy to an applicant who meets the requirements set forth in this section. An applicant may submit to the Division an application for such a license if the applicant holds a corresponding valid and unrestricted license to practice naprapathy in the District of Columbia or any state or territory of the United States.

2. An applicant for a license by endorsement pursuant to this section must submit to the Division with his or her application:

(a) Proof satisfactory to the Division that the applicant:

(1) Satisfies the requirements of subsection 1;

(2) Has not been disciplined and is not currently under investigation by the corresponding regulatory authority of the District of Columbia or any state or territory of the United States in which the applicant currently holds or has held a license to practice naprapathy; and

(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

(b) A complete set of fingerprints and written permission authorizing the Division to forward the fingerprints in the manner provided in NRS 634B.230;

(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

(d) An application fee of $500; and

(e) Any other information required by the Division.

3. Not later than 15 business days after receiving an application for a license by endorsement to practice naprapathy pursuant to this section, the Division shall provide written notice to the applicant of any additional information required by the Division to consider the application. Unless the Division denies the application for good cause, the Division shall approve the application and issue a license by endorsement to practice naprapathy to the applicant not later than:

(a) Forty-five days after receiving the application; or

(b) Ten days after receiving a report on the applicant’s background based on the submission of the applicant’s fingerprints pursuant to this section,

Ê whichever occurs later.

(Added to NRS by 2023, 1666)

(a) Holds a corresponding valid and unrestricted license to practice naprapathy in the District of Columbia or any state or territory of the United States; and

(b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.

2. An applicant for a license by endorsement pursuant to this section must submit to the Division with his or her application:

(a) Proof satisfactory to the Division that the applicant:

(1) Satisfies the requirements of subsection 1;

(2) Has not been disciplined and is not currently under investigation by the corresponding regulatory authority of the District of Columbia or the state or territory of the United States in which the applicant holds a license to practice naprapathy; and

(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

(b) A complete set of fingerprints and written permission authorizing the Division to forward the fingerprints in the manner provided in NRS 634B.230;

(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

(d) An application fee of $500; and

(e) Any other information required by the Division.

(a) Forty-five days after receiving all the additional information required by the Division to complete the application; or

(b) Ten days after receiving a report on the applicant’s background based on the submission of the applicant’s fingerprints pursuant to this section,

Ê whichever occurs later.

4. At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Division may grant a provisional license authorizing an applicant to practice naprapathy in accordance with regulations adopted by the Board, with the advice of the Advisory Board.

5. As used in this section, “veteran” has the meaning ascribed to it in NRS 417.005.

(Added to NRS by 2023, 1666)

NRS 634B.230 Submission of fingerprints. In addition to any other requirements set forth in this chapter, each applicant for a license, including, without limitation, an expedited license pursuant to NRS 634B.210 or 634B.220, must submit to the Division a complete set of fingerprints and written permission authorizing the Division to forward the fingerprints 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 2023, 1667)

1. In addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a license as a naprapath shall:

(a) Include the social security number of the applicant in the application submitted to the Division.

(b) Submit to the Division 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 Division 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

(b) A separate form prescribed by the Division.

3. A license may not be issued or renewed by the Division 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 Division 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 2023, 1667)

1. In addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a license as a naprapath shall submit to the Division 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 Division 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

(b) A separate form prescribed by the Division.

3. A license may not be issued or renewed by the Division if the applicant:

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

(Added to NRS by 2023, 1667; A 2023, 1711, 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 634B.250 Examinations. The Board shall:

1. Prepare or cause to be prepared a test on the practice of naprapathy which must be passed by an applicant for a license pursuant to NRS 634B.200; or

2. Designate a national examination for that purpose.

(Added to NRS by 2023, 1668)

NRS 634B.260 Expiration and renewal of license: Application; continuing education; fee. Each license to practice naprapathy issued pursuant to this chapter expires on January 1 of each year and may be renewed if, before the license expires, the licensee submits to the Division:

1. An application on a form prescribed by the Division;

2. Proof of completion of the requirements for continuing education prescribed by the Board pursuant to NRS 634B.120; and

3. A renewal fee of $500.

(Added to NRS by 2023, 1668)

1. A naprapath may:

(a) Ask each new patient who is 18 years of age or older if he or she is a veteran and document the response in the medical record of the patient; and

(b) Provide the contact information for the Department of Veterans Services to any such patient who indicates that he or she is a veteran.

2. The Division may ask each applicant for the renewal of a license as a naprapath if the applicant performs the actions described in subsection 1. If such a question is asked, the Division must allow the applicant to refuse to answer.

3. As used in this section, “veteran” has the meaning ascribed to it in NRS 417.125.

(Added to NRS by 2023, 1668)

NRS 634B.280 Display of license and diploma. Each person licensed to practice naprapathy shall display his or her license and a copy of his or her diploma from a program of education in naprapathy conspicuously at each place where the person engages in the practice of naprapathy.

(Added to NRS by 2023, 1668)

NRS 634B.290 Duty to refer patient to provider of health care when diagnosis or treatment exceeds ability of naprapath.

1. If a naprapath determines that the diagnosis or treatment of a patient is beyond the scope of practice or the skill, training and competence of the naprapath, the naprapath shall refer the patient to an appropriate provider of health care.

2. As used in this section, “provider of health care” has the meaning ascribed to it in NRS 629.031.

(Added to NRS by 2023, 1668)

DISCIPLINARY AND OTHER ACTIONS

NRS 634B.700 Grounds for disciplinary action against licensee; regulations governing procedure for imposing and types of disciplinary action.

1. A naprapath is subject to disciplinary action if the naprapath:

(a) Violates any provision of this chapter or any regulation adopted pursuant thereto;

(b) Makes any misrepresentation in obtaining a license;

(d) Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;

(e) Fails to meet the minimum standards prescribed by the Board; or

(f) Commits any other act or omission designated by regulation of the Board, with the advice of the Advisory Board, as grounds for disciplinary action.

2. The Board, with the advice of the Advisory Board, shall adopt regulations governing the procedure for imposing disciplinary action pursuant to this section and the disciplinary actions that may be imposed. Such disciplinary actions may include, without limitation:

(a) The denial, suspension, revocation or refusal to renew a license;

(b) The imposition of limitations on the practice of the naprapath; and

(Added to NRS by 2023, 1669)

1. If the Division 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 issued pursuant to this chapter, the Division 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 Division 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 Division shall reinstate a license issued pursuant to this chapter that has been suspended by a district court pursuant to NRS 425.540 if the Division 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.

(Added to NRS by 2023, 1669)

NRS 634B.720 Commencement of disciplinary proceedings required for certain violations of Industrial Insurance Act; regulations.

1. If the Division receives a report pursuant to subsection 5 of NRS 228.420, a hearing must be held pursuant to regulations adopted by the Board, with the advice of the Advisory Board, to consider the contents of the report.

2. The Board, with the advice of the Advisory Board, shall adopt such regulations as are necessary to carry out the provisions of this section.

(Added to NRS by 2023, 1669)

NRS 634B.730 Confidentiality of certain records of Division; exceptions.

1. Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Division, 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 are confidential.

2. The complaint or other document filed by the Division to initiate disciplinary action and all documents and information considered by the Division when determining whether to impose discipline are public records.

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

(Added to NRS by 2023, 1669)

PROHIBITED ACTS; PENALTIES; ENFORCEMENT

NRS 634B.900 Certain acts prohibited without license.

1. Except as authorized by NRS 634B.080, a person who is not licensed as a naprapath pursuant to this chapter, or a person whose license as a naprapath has expired or has been suspended or revoked by the Division, shall not:

(a) Provide naprapathy services;

(b) Use in connection with his or her name the words or letters “D.N.,” “naprapath,” “licensed naprapath,” “Doctor of Naprapathy” or any other letters, words or insignia indicating or implying that he or she is licensed to practice naprapathy, or in any other way, orally, or in writing or print, or by sign, directly or by implication, represent himself or herself as licensed or qualified to engage in the practice of naprapathy; or

(c) List or cause to have listed in any directory, including, without limitation, a telephone directory, his or her name or the name of his or her company under the heading “Naprapathy” or “Naprapath” or any other term that indicates or implies that he or she is licensed or qualified to practice naprapathy.

2. A person who violates the provisions of this section is guilty of a misdemeanor.

(Added to NRS by 2023, 1670)

NRS 634B.910 Injunction.

1. If the Board or the Division determines that a person has violated or is about to violate any provision of this chapter or a regulation adopted pursuant thereto, the Board or Division may bring an action in a court of competent jurisdiction to enjoin the person from engaging in or continuing the violation.

2. An injunction:

(a) May be issued without proof of actual damage sustained by any person.

(b) Does not prohibit the criminal prosecution and punishment of the person who commits the violation.

(Added to NRS by 2023, 1670)