NRS: CHAPTER 634 - CHIROPRACTIC PHYSICIANS AND CHIROPRACTIC ASSISTANTS

[Rev. 6/29/2024 4:46:12 PM--2023]

CHAPTER 634 - CHIROPRACTIC PHYSICIANS AND CHIROPRACTIC ASSISTANTS

GENERAL PROVISIONS

NRS 634.010 Definitions.

NRS 634.012 “Board” defined.

NRS 634.0125 “Business entity” defined.

NRS 634.013 “Chiropractic” defined.

NRS 634.014 “Chiropractic adjustment” defined.

NRS 634.017 “Malpractice” defined.

NRS 634.0173 “Manipulation” defined.

NRS 634.0175 “Subluxation complex” defined.

NRS 634.018 “Unprofessional conduct” defined.

NRS 634.019 Legislative declaration.

CHIROPRACTIC PHYSICIANS’ BOARD OF NEVADA

NRS 634.020 Creation; number, appointment and qualifications of members.

NRS 634.023 Term of office; limitation on consecutive terms; removal from Board.

NRS 634.025 Salary of members; per diem allowance and travel expenses of members and employees.

NRS 634.030 Officers; regulations.

NRS 634.035 Regulations establishing qualifications to perform dry needling.

NRS 634.040 Meetings: Regular meetings; emergency meetings; notice; location.

NRS 634.042 Special meeting of Board: Costs; limitations.

NRS 634.043 Appointment and compensation of Executive Director; offices; additional employees; inspection of premises of holder of license or certificate.

NRS 634.044 Subpoenas.

NRS 634.045 Fiscal year.

NRS 634.050 Deposit and use of money; delegation of authority to take disciplinary action; deposit of fines; claims for attorney’s fees and costs of investigation.

NRS 634.055 Records: General requirements; certain records relating to applicant, licensee or registrant deemed confidential; disclosure to other agencies; notice of disclosure.

LICENSES AND CERTIFICATES

NRS 634.070 Licenses: Examination; prohibition on participation in preparing examination.

NRS 634.080 Licenses: Applications for examination.

NRS 634.090 Licenses: Qualifications of applicants.

NRS 634.093 Submission of fingerprints by applicants for license or certificate.

NRS 634.095 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 634.095 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 634.100 Payment of fee for application for license or certificate; passing scores on examination; reexamination.

NRS 634.105 Practice by qualified applicant for license waiting to take examination.

NRS 634.115 Temporary license: Application; fee; conditions; limitations.

NRS 634.117 Temporary exemption from licensure to practice chiropractic for person providing services to visiting athletic team or athletic event in this State; extension of exemption; conditions and limitations.

NRS 634.120 Licenses: Signatures of Board’s officers and seal; use of term “chiropractic physician”; display of license.

NRS 634.121 Licenses: Inactive status; procedure to restore active status.

NRS 634.123 Chiropractic assistant: Qualification; certification; supervision.

NRS 634.125 Chiropractic assistant: Authorized services.

NRS 634.127 Chiropractic assistant: Limitation on number supervised by chiropractic physician.

NRS 634.129 Duty to inform Board of address or changes in location of each office or principal residence.

NRS 634.1295 Duty of chiropractic physician who does not maintain professional liability insurance to provide certain written disclosures; regulations.

NRS 634.130 Renewal of license or certificate; continuing education; waiver of educational requirement; waiver or proration of renewal fee; expiration and reinstatement; regulations.

NRS 634.1303 Renewal of license or certificate: Authority of Board to make data request concerning demographic and practice information available to applicants for voluntary completion and electronic submission; confidentiality of information provided.

NRS 634.1305 Inquiry into and documentation of veteran status of new adult patients by chiropractic physician; provision of contact information for Department of Veterans Services; authority of Board to ask applicant for renewal of license regarding performance of such actions.

NRS 634.131 Application for reinstatement of expired license; regulations.

NRS 634.135 Fees.

BUSINESSES THAT PROVIDE CHIROPRACTIC SERVICES

NRS 634.136 Registration: Application; expiration and renewal; approval of late application for renewal; notification to Board of change of information; administrative fine for failure to provide such notification.

NRS 634.1362 Duties concerning compliance with laws pertaining to practice of chiropractic, medical records and notification of dissolution or closing of facility.

PRECEPTOR PROGRAM

NRS 634.137 Establishment; regulations.

NRS 634.1375 Requirements for participation; notice of approval or denial; scope of authorized activities.

NRS 634.1379 Requirements to act as preceptor; notice of approval or denial.

DISCIPLINARY AND OTHER ACTIONS

NRS 634.140 Grounds for initiating disciplinary action.

NRS 634.145 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 634.160 Filing of written complaint against person practicing chiropractic or business entity providing chiropractic services; retention of complaints.

NRS 634.170 Complaint required to be considered by President or designee; notice of hearing; discussion of insufficient complaints by Board.

NRS 634.190 Hearing; authorized disciplinary action; disposition of fines; private reprimands prohibited; orders imposing discipline deemed public records.

NRS 634.193 Disciplinary action by hearing officer or panel: Procedural requirements; powers and duties of officer or panel; appeals.

NRS 634.200 Judicial review.

NRS 634.204 Application for removal of limitation or restoration of license or registration; action by Board.

NRS 634.211 Physical or mental examination of chiropractic physician or chiropractic assistant; diversion program; consent to examination; testimony and examination reports not privileged; effect of failure to submit.

NRS 634.214 Records: Certain records relating to investigation deemed confidential; Board required to cooperate with any other agency investigating person; certain records relating to disciplinary action deemed public records.

NRS 634.216 Immunity for Board or person or organization initiating or assisting in lawful investigation.

PROHIBITED ACTS; PENALTIES; ENFORCEMENT

NRS 634.220 Chapter does not permit chiropractic physician to practice medicine, osteopathic medicine, dentistry, optometry or podiatry or administer or prescribe drugs except in certain circumstances.

NRS 634.225 Chiropractic physician prohibited from piercing or severing body tissue or offering to engage in, advertise, solicit or claim to be able to perform acupuncture unless licensed to practice Oriental medicine; exceptions.

NRS 634.226 Practicing or offering to practice or provide chiropractic services without license, certificate or registration: Reporting requirements of Board.

NRS 634.227 Unlawful acts; penalties.

NRS 634.230 Criminal penalty.

NRS 634.240 Injunction against practice without license or registration.

_________

GENERAL PROVISIONS

NRS 634.010 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 634.012 to 634.018, inclusive, have the meanings ascribed to them in those sections.

[Part 5:23:1923; A 1945, 136; 1949, 655; 1951, 258; 1955, 506] + [Part 11:23:1923; A 1951, 258]—(NRS A 1969, 347; 1971, 356, 2036; 1977, 189; 1981, 593; 1989, 1168; 2011, 913; 2021, 526)

NRS 634.012 “Board” defined. “Board” means the Chiropractic Physicians’ Board of Nevada.

[Part 5:23:1923; A 1945, 136; 1949, 655; 1951, 258; 1955, 506] + [Part 11:23:1923; A 1951, 258]—(NRS A 1969, 347; 1971, 356, 2036; 1977, 189; 1981, 593; 1997, 818)

NRS 634.0125 “Business entity” defined. “Business entity” means a sole proprietorship or any lawful fictional entity by which business may be conducted lawfully in this State. The term does not include:

1. A facility wholly owned by one or more persons licensed pursuant to this chapter or chapter 630 or 633 of NRS;

2. A sole proprietorship or partnership that consists solely of persons who are licensed pursuant to this chapter or chapter 630 or 633 of NRS;

3. A professional corporation or professional limited liability company, the shares of which are wholly owned by a person or persons licensed pursuant to this chapter or chapter 630 or 633 of NRS;

4. An administrator or executor of the estate of a deceased chiropractic physician or a person who is legally authorized to act for a chiropractic physician who has been adjudicated to be incapacitated for not more than 1 year after the date of the death or incapacitation of the chiropractic physician; or

5. A medical facility licensed pursuant to chapter 449 of NRS.

(Added to NRS by 2021, 525)

NRS 634.013 “Chiropractic” defined. “Chiropractic” is defined to be the science, art and practice of palpating and adjusting the articulations of the human body by hand, the use of physiotherapy, hygienic, nutritive and sanitary measures and all methods of diagnosis.

[Part 5:23:1923; A 1945, 136; 1949, 655; 1951, 258; 1955, 506] + [Part 11:23:1923; A 1951, 258]—(NRS A 1969, 347; 1971, 356, 2036; 1977, 189; 1981, 593)

NRS 634.014 “Chiropractic adjustment” defined. “Chiropractic adjustment” means the application of a precisely controlled force applied by hand or mechanical device to a specific focal point of the anatomy for the sole purpose of creating a specific angular movement in skeletal articulations to eliminate or decrease interference with neural transmission and correct or attempt to correct subluxation complex.

(Added to NRS by 1989, 1168)

NRS 634.017 “Malpractice” defined. “Malpractice” means failure on the part of a chiropractic physician to exercise the degree of care, diligence and skill ordinarily exercised by chiropractic physicians in good standing in the community in which he or she practices.

(Added to NRS by 1983, 418)

NRS 634.0173 “Manipulation” defined. “Manipulation” means an application of a resistive movement by applying a nonspecific force, without the use of a thrust, which is directed into a region and not into a focal point of the anatomy.

(Added to NRS by 2011, 912)

NRS 634.0175 “Subluxation complex” defined. “Subluxation complex” means a biomechanical skeletal misalignment or dysfunction in a part of the body which results in aberrant nerve transmission and expression.

(Added to NRS by 1989, 1168)

NRS 634.018 “Unprofessional conduct” defined. “Unprofessional conduct” means:

1. Obtaining a certificate upon fraudulent credentials or gross misrepresentation.

2. Procuring, or aiding or abetting in procuring, criminal abortion.

3. Assuring that a manifestly incurable disease can be permanently cured.

4. Advertising, by any form of public communication, a chiropractic practice:

(a) Using grossly improbable statements; or

(b) In any manner that will tend to deceive, defraud or mislead the public.

Ê As used in this subsection, “public communication” includes, but is not limited to, communications by means of television, radio, motion pictures, Internet websites, electronic mail, social media accounts and newspapers, books, periodicals, handbills, letterhead and other printed matter.

5. Willful disobedience of the law, or of the regulations of the State Board of Health or of the Chiropractic Physicians’ Board of Nevada.

6. Conviction of any offense involving moral turpitude, or the conviction of a felony. The record of the conviction is conclusive evidence of unprofessional conduct.

7. Administering, dispensing or prescribing any controlled substance.

8. Conviction or violation of any federal or state law regulating the possession, distribution or use of any controlled substance. The record of conviction is conclusive evidence of unprofessional conduct.

9. Habitual intemperance or excessive use of alcohol or alcoholic beverages or any controlled substance.

10. Conduct unbecoming a person licensed to practice chiropractic or detrimental to the best interests of the public.

11. Violating, or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this chapter or the regulations adopted by the Board, or any other statute or regulation pertaining to the practice of chiropractic.

12. Employing, directly or indirectly, any suspended or unlicensed practitioner in the practice of any system or mode of treating the sick or afflicted, or the aiding or abetting of any unlicensed person to practice chiropractic under this chapter.

13. Malpractice, which may be evidenced by claims of malpractice settled against a practitioner.

14. Solicitation by the licensee or the licensee’s designated agent of any person who, at the time of the solicitation, is vulnerable to undue influence, including, without limitation, any person known by the licensee to have recently been involved in a motor vehicle crash, involved in a work-related accident, or injured by, or as the result of the actions of, another person. As used in this subsection:

(a) “Designated agent” means a person who renders service to a licensee on a contract basis and is not an employee of the licensee.

(b) “Solicitation” means the attempt to acquire a new patient through information obtained from a law enforcement agency, medical facility or the report of any other party, which information indicates that the potential new patient may be vulnerable to undue influence, as described in this subsection.

15. Employing, directly or indirectly, any person as a chiropractic assistant unless the person has been issued a certificate by the Board pursuant to NRS 634.123, or has applied for such a certificate and is awaiting the determination of the Board concerning the application.

16. Aiding, abetting, commanding, counseling, encouraging, inducing or soliciting an insurer or other third-party payor to reduce or deny payment or reimbursement for the care or treatment of a patient, unless such action is supported by:

(a) The medical records of the patient; or

(b) An examination of the patient by the chiropractic physician taking such action.

17. Violating a lawful order of the Board, a lawful agreement with the Board, or any of the provisions of this chapter or any regulation adopted pursuant thereto.

18. Practicing below the standard of care required from a chiropractic physician or chiropractic assistant under the circumstances.

[Part 5:23:1923; A 1945, 136; 1949, 655; 1951, 258; 1955, 506] + [Part 11:23:1923; A 1951, 258]—(NRS A 1969, 347; 1971, 356, 2036; 1977, 189; 1981, 593; 1987, 1561; 1993, 328; 1997, 818; 2003, 3444; 2005, 2820; 2009, 1018; 2013, 546; 2015, 508, 1692)

NRS 634.019 Legislative declaration. The practice of chiropractic is hereby declared to be a learned profession, affecting public safety and welfare and charged with the public interest, and therefore subject to protection and regulation by the State.

(Added to NRS by 1997, 818)

CHIROPRACTIC PHYSICIANS’ BOARD OF NEVADA

NRS 634.020 Creation; number, appointment and qualifications of members.

1. The Chiropractic Physicians’ Board of Nevada, consisting of seven members appointed by the Governor, is hereby created.

2. The Governor shall appoint:

(a) Four members who are:

(1) Graduates of chiropractic schools or colleges giving a course of study embracing the following subjects: Anatomy, bacteriology, chiropractic theory and practice, diagnosis or analysis, elementary chemistry and toxicology, histology, hygiene and sanitation, obstetrics and gynecology, pathology, physiology and symptomatology;

(2) Licensed under this chapter; and

(3) Actually engaged in the practice of chiropractic in this State and who have been so engaged in this State for at least 3 years preceding their appointment.

(b) One member 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.

(c) Two members who are representatives of the general public. A member appointed pursuant to this paragraph must not be:

(1) A chiropractic physician or a chiropractic assistant; or

(2) The spouse or the parent or child, by blood, marriage or adoption, of a chiropractic physician or a chiropractic assistant.

3. At least two of the appointees must have had a course in physiotherapy in a school or college of chiropractic.

[Part 1:23:1923; A 1929, 280; 1949, 655; 1943 NCL § 1080]—(NRS A 1969, 348; 1977, 1253; 1983, 420; 1997, 819; 2003, 1193; 2005, 2821; 2019, 2287)

NRS 634.023 Term of office; limitation on consecutive terms; removal from Board.

1. The term of office of each member of the Board is 4 years.

2. No member of the Board may serve more than two consecutive full terms. If a person was appointed to fill an unexpired term of more than 2 years, the person shall be deemed to have served a full term.

3. The Governor may remove any member of the Board for good cause.

(Added to NRS by 1993, 327)

NRS 634.025 Salary of members; per diem allowance and travel expenses of members and employees.

1. 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.

(Added to NRS by 1963, 152; A 1975, 304; 1981, 1992; 1983, 420; 1989, 1698; 2007, 2947)

NRS 634.030 Officers; regulations.

1. The Board shall elect a President, Vice President and a Secretary. The Secretary shall serve also as Treasurer of the Board.

2. The Board shall adopt reasonable regulations for the transaction of business and to enable it to carry out its duties under this chapter.

[Part 1:23:1923; A 1929, 280; 1949, 655; 1943 NCL § 1080]—(NRS A 1963, 83; 1981, 876; 1983, 420)

NRS 634.035 Regulations establishing qualifications to perform dry needling.

1. The Board shall adopt regulations establishing the qualifications a chiropractic physician must obtain before he or she is authorized to perform dry needling. The qualifications adopted by regulation pursuant to this section must include, without limitation, the successful completion of didactic education and training in dry needling.

2. As used in this section, “dry needling”:

(a) Means an advanced needling skill or technique limited to the treatment of myofascial pain, using a single-use, single-insertion, sterile needle, without the use of heat, cold or any other added modality or medication, which is inserted into the skin or underlying tissue to stimulate a trigger point.

(b) Does not include:

(1) The stimulation of an auricular point;

(2) Utilization of a distal point or nonlocal point;

(3) Needle retention;

(4) Application of a retained electrical stimulation lead; or

(5) The teaching or application of other acupuncture theory.

(Added to NRS by 2019, 2287)

NRS 634.040 Meetings: Regular meetings; emergency meetings; notice; location.

1. The Board shall hold regular meetings to transact business semiannually. Emergency meetings may be called by the President or by any three members.

2. Except in an emergency, written notice of each meeting must be given at least 3 working days before the meeting. The notice must include the time, place, location and agenda of the meeting.

3. Each meeting must be held in this State at a place designated by the President and the Secretary.

[2:23:1923; A 1949, 655; 1951, 258] + [3:23:1923; NCL § 1082]—(NRS A 1963, 83; 1965, 352; 1983, 420; 1987, 1466; 1993, 2639)

NRS 634.042 Special meeting of Board: Costs; limitations.

1. The costs of any special meeting held by the Board at the request of an institution, organization, chiropractic physician or an applicant for any license or certificate issued pursuant to the provisions of this chapter must be paid by the person or entity requesting the meeting.

2. A special meeting may not be held pursuant to such a request unless the person or entity requesting the meeting has submitted to the Board a deposit of money sufficient to defray the expenses of the meeting.

(Added to NRS by 1993, 328)

NRS 634.043 Appointment and compensation of Executive Director; offices; additional employees; inspection of premises of holder of license or certificate.

1. The Board shall appoint an Executive Director who serves at the pleasure of the Board and is entitled to receive such compensation as may be fixed by the Board.

2. The Board may:

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

(b) Employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.

3. The Board or any 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 chiropractic or as a chiropractic assistant 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 chiropractic or as a chiropractic assistant without the appropriate license or certificate issued pursuant to the provisions of this chapter.

(Added to NRS by 1963, 152; A 1969, 348; 1991, 2081; 2013, 2226)

NRS 634.044 Subpoenas.

1. For the purposes of this chapter, the Secretary or President of the Board may issue subpoenas to compel the attendance of witnesses and the production of books and papers.

2. If any witness refuses to attend or testify or produce any books and papers as required by the subpoena, the Secretary or President of the Board may report to the district court by petition, setting forth that:

(a) Due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

(b) The witness has been subpoenaed by the Board pursuant to this section; and

(c) The witness has failed or refused to attend or produce the books and papers required by the subpoena before the Board which is named in the subpoena, or has refused to answer questions propounded to him or her, and asking for an order of the court compelling the witness to attend and testify or produce the books and papers before the Board.

3. Upon such a petition, the court shall enter an order directing the witness 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 the witness has not attended or testified or produced the books or papers before the Board. A certified copy of the order must be served upon the witness.

4. If it appears to the court that the subpoena was regularly issued by the Board, the court shall enter an order that the witness appear before the Board at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness must be dealt with as for contempt of court.

(Added to NRS by 1983, 418)

NRS 634.045 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 1963, 152)

NRS 634.050 Deposit and use of money; delegation of authority to take disciplinary action; deposit of fines; claims for attorney’s fees and costs of investigation.

1. Except as otherwise provided in subsection 3, all money collected by the Board must be deposited in banks, credit unions, savings and loan associations or savings banks in the State of Nevada, and must be used by the Board to defray its legitimate expenses.

2. The Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in banks, credit unions, savings and loan associations or savings banks in this State.

3. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2 and the Board deposits the money collected from the imposition of fines with the State Treasurer for credit to the State General Fund, it 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.

[12:23:1923; A 1949, 655; 1943 NCL § 1091]—(NRS A 1963, 153; 1965, 61; 1983, 1536; 1999, 1533)

NRS 634.055 Records: General requirements; certain records relating to applicant, licensee or registrant deemed confidential; disclosure to other agencies; notice of disclosure.

1. The Board shall keep a record of its proceedings relating to licensing, registration and disciplinary actions. Except as otherwise provided in NRS 634.214, the records must be open to public inspection at all reasonable times and must contain the name, known place of business and residence, and the date and number of the license of every chiropractic physician licensed under this chapter. The Board may keep such other records as it deems desirable.

2. Except as otherwise provided in this subsection and NRS 239.0115, all information pertaining to the personal background, medical history or financial affairs of an applicant for licensure or licensee, an officer or director of an applicant for registration or registrant or a chiropractic physician who provides or supervises the provision of chiropractic services at the facility of an applicant for registration or registrant which the Board requires to be furnished to it under this chapter, or which it otherwise obtains, is confidential and may be disclosed in whole or in part only as necessary in the course of administering this chapter or upon the order of a court of competent jurisdiction. The Board may, under procedures established by regulation, permit the disclosure of this information to any agent of the Federal Government, of another state or of any political subdivision of this State who is authorized to receive it.

3. Notice of the disclosure and the contents of the information disclosed pursuant to subsection 2 must be given to the person who is the subject of that information.

(Added to NRS by 1983, 419; A 2003, 3448; 2007, 2137; 2021, 526)

LICENSES AND CERTIFICATES

NRS 634.070 Licenses: Examination; prohibition on participation in preparing examination.

1. All applicants for licenses to practice chiropractic in Nevada must pass all examinations prescribed by the Board. Examinations must be held at least semiannually.

2. The examinations may be written, oral, practical, demonstrative, or any combination thereof, as the Board determines to be sufficient, and must include, without limitation, the following subjects:

(a) Chapter 634 of NRS and regulations of the Board;

(b) The technique for taking X-rays, including the positioning of the body, and interpretation of X-rays;

(d) Clinical competency and case management.

3. If a member of the Board is not licensed under the provisions of this chapter, the member shall not participate in preparing any examination required by the Board.

[Part 7:23:1923; A 1929, 280; 1949, 655; 1951, 258; 1955, 506]—(NRS A 1981, 1339; 1991, 2081; 1997, 820)

NRS 634.080 Licenses: Applications for examination.

1. An applicant for examination must file an application with the Secretary of the Board on a form to be furnished by the Executive Director of the Board. An applicant may take the examination any time after the Executive Director determines that his or her application is complete.

2. An application must be verified and must state:

(a) When and where the applicant was born, the various places of the applicant’s residence during the 5 years immediately preceding the making of the application and the address to which he or she wishes the Board to mail the license.

(b) The name, age and sex of the applicant.

(c) The names and post office addresses of all persons by whom the applicant has been employed for a period of 5 years immediately preceding the making of the application.

(d) Whether or not the applicant has ever applied for a license to practice chiropractic in any other state and, if so, when and where and the results of the application.

(e) Whether or not the applicant has ever been admitted to the practice of chiropractic in any other state and, if so, whether any discharge, dismissal, disciplinary or other similar proceedings have ever been instituted against the applicant. Such an applicant must also attach a certificate from the chiropractic board of each state in which the applicant was licensed, certifying that the applicant is a member in good standing of the chiropractic profession in that state, and that no proceedings affecting the applicant’s standing as a chiropractic physician are undisposed of and pending.

(f) The applicant’s general and chiropractic education, including the schools attended and the time of attendance at each school, and whether the applicant is a graduate of any school or schools.

(g) The names of:

(1) Two persons who have known the applicant for at least 3 years; and

(2) A person who is a chiropractic physician licensed pursuant to the provisions of this chapter or a professor at a school of chiropractic.

(h) All other information required to complete the application.

3. An application must include a copy of the applicant’s official transcript from the school or college of chiropractic from which the applicant received his or her degree of doctor of chiropractic, which must be transmitted by the school or college of chiropractic directly to the Board.

[Part 7:23:1923; A 1929, 280; 1949, 655; 1951, 258; 1955, 506]—(NRS A 1971, 357; 1983, 421; 1991, 2082; 1993, 329; 1995, 2749; 1997, 2130; 2005, 2728, 2807; 2013, 547; 2019, 2288, 4282)

NRS 634.090 Licenses: Qualifications of applicants.

1. An applicant must, in addition to the requirements of NRS 634.070 and 634.080, furnish satisfactory evidence to the Board:

(a) That the applicant is of good moral character;

(b) Except as otherwise provided in subsections 3 and 6, that the applicant has a high school education and is a graduate from a college of chiropractic which is accredited by the Council on Chiropractic Education, or its successor organization, or an accrediting agency recognized by that organization; and

(1) Parts I, II, III and IV, and the portion relating to physiotherapy, of the examination administered by the National Board of Chiropractic Examiners, or its successor organization; or

(2) An examination that is required to graduate from a college of chiropractic which is accredited by the Council on Chiropractic Education, or its successor organization, or an accrediting agency recognized by that organization. Such an examination must be:

(I) Administered by such a college; and

(II) Approved by the Board.

2. If an applicant has actively engaged in the practice of chiropractic in another state, the District of Columbia, the Commonwealth of Puerto Rico or any other territory or possession of the United States for not less than 7 of the immediately preceding 10 years without any adverse disciplinary action taken against him or her, the applicant is only required to have successfully completed those parts of the examination administered by the National Board of Chiropractic Examiners, or its successor organization, at the time that the applicant graduated from a college of chiropractic.

3. The Board may, for good cause shown, waive the requirement for a particular applicant that the college of chiropractic from which the applicant graduated must be accredited by the Council on Chiropractic Education, or its successor organization, or an accrediting agency recognized by that organization.

4. Except as otherwise provided in subsections 5 and 6, every applicant is required to submit evidence of the successful completion of not less than 60 credit hours at an accredited college or university.

5. Any applicant who has been licensed to practice in another state, and has been in practice for not less than 5 years, is not required to comply with the provisions of subsection 4.

6. If an applicant has received his or her training and education at a school or college located in a foreign country and the course of study leading to his or her degree of doctor of chiropractic consisted of not less than 4,000 hours of instruction, the Board may, if the Board determines that such training and education is substantially equivalent to graduation from a college of chiropractic that is accredited by the Council on Chiropractic Education, or its successor organization, waive the requirement that an applicant attend or graduate from a college that is accredited by the Council on Chiropractic Education, or its successor organization, or an accrediting agency recognized by that organization.

[Part 7:23:1923; A 1929, 280; 1949, 655; 1951, 258; 1955, 506]—(NRS A 1965, 352; 1971, 562; 1975, 118; 1983, 421; 1991, 2082; 1997, 820; 2001, 5; 2003, 3445; 2015, 510; 2019, 2288; 2021, 526)

NRS 634.093 Submission of fingerprints by applicants for license or certificate. Each applicant for a license to practice chiropractic or to practice as a chiropractic assistant must submit to the Board a complete set of fingerprints which the Board may forward 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 2003, 2860)

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

(a) An applicant for the issuance of a license to practice chiropractic or a certificate to practice as a chiropractic 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 chiropractic or a certificate to practice as a chiropractic 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 chiropractic or a certificate to practice as a chiropractic 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, 2129; A 2005, 2728, 2807)

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

(Added to NRS by 1997, 2129; A 2005, 2728, 2729, 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 634.100 Payment of fee for application for license or certificate; passing scores on examination; reexamination.

1. An applicant for a license to practice chiropractic in this State must pay the required fee to the Secretary of the Board before the date of the examination.

2. Except as otherwise provided in NRS 622.090:

(a) For a written, closed-book examination which is administered in person by the Board, a score of 75 percent or higher in all subjects taken on the examination is a passing score.

(b) For a written, open-book examination which is administered in person by the Board or an examination that is taken online, a score of 90 percent or higher in all subjects taken on the examination is a passing score.

3. If an applicant fails to pass the first examination, the applicant may take a second examination within 1 year without payment of any additional fees. Except as otherwise provided in NRS 622.090, credit must be given on this examination for all subjects previously passed.

4. An applicant for a certificate as a chiropractic assistant must pay the required fee to the Secretary of the Board before the application may be considered.

[Part 7:23:1923; A 1929, 280; 1949, 655; 1951, 258; 1955, 506]—(NRS A 1965, 352; 1969, 348; 1979, 171; 1981, 1150; 1991, 2083; 1993, 330; 1997, 821; 2007, 2948; 2013, 548; 2019, 2290)

NRS 634.105 Practice by qualified applicant for license waiting to take examination. An applicant for a license to practice chiropractic who has the qualifications prescribed in NRS 634.090 may, while waiting to take the Board’s examination but for no longer than 90 days, perform chiropractic, including, without limitation, chiropractic adjustment or manipulation, under the direct supervision of a chiropractic physician who is professionally and legally responsible for the applicant’s performance.

(Added to NRS by 1981, 1339; A 1989, 1168; 2011, 913; 2019, 2290)

NRS 634.115 Temporary license: Application; fee; conditions; limitations.

1. Except as otherwise provided in subsections 4 and 5, upon application, payment of the fee, if required, and the approval of its Executive Director and President, the Board may, without examination, grant a temporary license to practice chiropractic in this State to a person who holds a corresponding license or certificate in another jurisdiction which is in good standing and who actively practices chiropractic in that jurisdiction. A temporary license may be issued for the limited purpose of authorizing the holder thereof to treat patients in this State.

2. Except as otherwise provided in this subsection, an applicant for a temporary license must file an application with the Executive Director of the Board not less than 30 days before the applicant intends to practice chiropractic in this State. Upon the request of an applicant, the President or Secretary may, for good cause, authorize the applicant to file the application fewer than 30 days before he or she intends to practice chiropractic in this State.

3. Except as otherwise provided in subsection 6, an application for a temporary license must be accompanied by a fee of $50 and include:

(a) The applicant’s name, the address of his or her primary place of practice and the applicant’s telephone number;

(b) A current photograph of the applicant measuring 2 by 2 inches;

(d) The number of the applicant’s license to practice chiropractic in another jurisdiction.

4. A temporary license:

(a) Is valid for the period designated on the license, which must be not more than 10 days;

(b) Is valid for the place of practice designated on the license; and

5. The Board may not grant more than two temporary licenses to an applicant during any calendar year.

6. A chiropractic physician who applies for a temporary license solely for the purpose of providing chiropractic services to a patient in this State without remuneration is not required to pay the fee required pursuant to subsection 3.

(Added to NRS by 1993, 327; A 2001, 6; 2013, 548; 2015, 511; 2019, 2290)

1. Except as otherwise provided in subsection 5, if a chiropractic physician who holds a valid and unrestricted license to practice chiropractic in another state or territory of the United States or another country has entered into a written or oral agreement to provide services to members of a visiting athletic team or organization, the chiropractic physician is temporarily exempt from licensure and may practice chiropractic in this State while providing services pursuant to the agreement to members of the visiting athletic team or organization who are present in this State for the purpose of engaging in competition or training.

2. Except as otherwise provided in subsection 5, if a chiropractic physician who holds a valid and unrestricted license to practice chiropractic in another state or territory of the United States or another country has been invited by the governing body of a national organization to provide services to persons participating in an athletic event or training sanctioned or operated by the organization, the chiropractic physician is temporarily exempt from licensure and may practice chiropractic in this State while providing services to such persons.

3. Except as otherwise provided in this subsection and subsection 4, an exemption described in this section is valid for a period of not more than 10 days for each competition or training session. Upon the application of a chiropractic physician, the Board may grant an exemption of not more than 20 additional days for each competition or training session.

4. A chiropractic physician who is practicing chiropractic under an exemption described in this section shall not:

(a) Practice chiropractic at a medical facility;

(b) Provide services to persons who are not described in subsection 1 or 2, as applicable; or

5. The provisions of this section do not apply to any contest or exhibition of unarmed combat conducted pursuant to chapter 467 of NRS.

6. As used in this section, “visiting athletic team or organization” means an athletic team or organization which is primarily based at a location outside of this State.

(Added to NRS by 2017, 3480)

NRS 634.120 Licenses: Signatures of Board’s officers and seal; use of term “chiropractic physician”; display of license.

1. All licenses must be signed by the President and the Secretary and be attested by the official seal of the Board. The required fee must be collected before a license to practice chiropractic is delivered.

2. A license to practice chiropractic authorizes the licensee to use the term “chiropractic physician.”

3. A license to practice chiropractic must be displayed prominently at the licensee’s principal place of practice.

[Part 8:23:1923; A 1951, 258] + [8.5:23:1923; added 1955, 506]—(NRS A 1969, 349; 1975, 642; 1979, 958; 1981, 1340; 1993, 330)

NRS 634.121 Licenses: Inactive status; procedure to restore active status.

1. Any person who holds a license to practice chiropractic in this State but who does not maintain an active practice in this State may maintain the license on inactive status by notifying the Board and paying the required fee.

2. An applicant to have an inactive license restored to active status must:

(a) Submit satisfactory evidence to the Board that the applicant has maintained an active practice in another state, territory or country within the preceding 5 years;

(b) Submit satisfactory evidence to the Board from all other licensing agencies from whom the applicant has a license that he or she is in good standing and has no legal actions pending against him or her;

(c) Submit satisfactory evidence to the Board that the applicant has participated in a program of continuing education in accordance with NRS 634.130 for the year in which he or she seeks to go on active status; and

(d) Pay the required fee.

3. If any of the conditions of paragraphs (a) to (d), inclusive, of subsection 2 are not met by an applicant for active status, the Board shall hold a hearing to determine the applicant’s professional competency and fitness and may require the applicant to pass the National Special Purposes Examination for Chiropractic prepared by the National Board of Chiropractic Examiners before placing the license on active status.

(Added to NRS by 1987, 818; A 1993, 331; 1995, 2750)

NRS 634.123 Chiropractic assistant: Qualification; certification; supervision.

1. The Board may issue a certificate to a properly qualified applicant to perform ancillary services relating to chiropractic, other than chiropractic adjustment, under the supervision of a chiropractic physician. The Board shall specify the formal training, including at least 12 months of study or the equivalent, which such an applicant must have completed before the Board awards the applicant a certificate as a chiropractic assistant.

2. An application for the issuance of a certificate as a chiropractic assistant must include all information required to complete the application.

(Added to NRS by 1981, 1150; A 1997, 2131; 2005, 2730, 2807)

NRS 634.125 Chiropractic assistant: Authorized services. A chiropractic assistant may perform such ancillary services relating to chiropractic as he or she is authorized to perform under the terms of a certificate issued by the Board. Those services must be rendered under the supervision and control of a chiropractic physician.

(Added to NRS by 1981, 1150)

NRS 634.127 Chiropractic assistant: Limitation on number supervised by chiropractic physician. No chiropractic physician may supervise more than four chiropractic assistants at the same time.

(Added to NRS by 1981, 1150; A 1991, 2084; 2001, 6)

NRS 634.129 Duty to inform Board of address or changes in location of each office or principal residence.

1. Each chiropractic physician or chiropractic assistant licensed by the Board shall:

(a) File with the Board the address of each office where he or she practices; and

(b) Notify the Board, in writing, of a change in the location of any of those offices within 15 days after the change.

2. If the licensee does not have an office for his or her practice, the licensee shall provide the Board with the address of his or her principal residence.

(Added to NRS by 1991, 2081)

NRS 634.1295 Duty of chiropractic physician who does not maintain professional liability insurance to provide certain written disclosures; regulations.

1. If a person practices chiropractic in this State without maintaining professional liability insurance, the person shall:

(a) Post in a conspicuous place in each location at which the person practices chiropractic under his or her license a written disclosure which discloses to patients that the person does not maintain professional liability insurance; or

(b) Before providing any chiropractic treatment or care to a patient, give the patient a written disclosure which discloses to the patient that the person does not maintain professional liability insurance. The written disclosure may be included with other written information given to the patient.

2. The Board:

(a) Shall adopt regulations prescribing the form, size, contents and placement of the written disclosures required by this section; and

(b) May adopt any other regulations that are necessary to carry out the provisions of this section.

(Added to NRS by 2005, 2820)

NRS 634.130 Renewal of license or certificate; continuing education; waiver of educational requirement; waiver or proration of renewal fee; expiration and reinstatement; regulations.

1. Licenses and certificates must be renewed biennially. Except as otherwise provided in subsection 10 or 11, each person who is licensed or holds a certificate as a chiropractic assistant pursuant to the provisions of this chapter must, upon the payment of the required renewal fee and the submission of all information required to complete the renewal, be granted a renewal license or certificate which authorizes the person to continue to practice for 2 years.

2. Except as otherwise provided in subsection 10 or 11, the renewal fee must be paid and all information required to complete the renewal must be submitted to the Board by January 1 of:

(a) Each odd-numbered year for a licensee; and

(b) Each even-numbered year for a holder of a certificate as a chiropractic assistant.

3. Except as otherwise provided in subsection 5, 6 or 7, a licensee in active practice within this State must submit satisfactory proof to the Board that, during the 24 months immediately preceding the renewal date of the license, the licensee has attended at least 36 hours of continuing education which is approved or endorsed by the Board.

4. Except as otherwise provided in subsection 5, 6 or 8, a holder of a certificate as a chiropractic assistant in active practice within this State must submit satisfactory proof to the Board that, during the 24 months immediately preceding the renewal date of the certificate, the certificate holder has attended at least 12 hours of continuing education which is approved or endorsed by the Board or the equivalent board of another state or jurisdiction that regulates chiropractic assistants. The continuing education required by this subsection may include education related to lifesaving skills, including, without limitation, a course in cardiopulmonary resuscitation. The Board shall by regulation determine how many of the required 12 hours of continuing education must be course work related to such lifesaving skills. Any course of continuing education approved or endorsed by the Board or the equivalent board of another state or jurisdiction pursuant to this subsection may be conducted via the Internet or in a live setting, including, without limitation, a conference, workshop or academic course of instruction. The Board shall not approve or endorse a course of continuing education which is self-directed or conducted via home study.

5. The educational requirement of subsection 3 or 4 may be waived by the Board if the licensee or holder of a certificate as a chiropractic assistant files with the Board a statement of a chiropractic physician, osteopathic physician or doctor of medicine certifying that the licensee or holder of a certificate as a chiropractic assistant is suffering from a serious or disabling illness or physical disability which prevented the licensee or holder of a certificate as a chiropractic assistant from completing the requirements for continuing education during the 24 months immediately preceding the renewal date of the license or certificate.

6. The Board may waive the educational requirement of subsection 3 or 4 for a licensee or a holder of a certificate as a chiropractic assistant if the licensee or holder of a certificate submits to the Board proof that the licensee or holder of a certificate was in active military service which prevented the licensee or holder of a certificate from completing the requirements for continuing education during the 24 months immediately preceding the renewal date of the license or certificate.

7. A licensee is not required to comply with the requirements of subsection 3 until the first odd-numbered year after the year the Board issues to the licensee an initial license to practice as a chiropractic physician in this State.

8. A holder of a certificate as a chiropractic assistant is not required to comply with the requirements of subsection 4 until the first even-numbered year after the Board issues to the holder of a certificate an initial certificate to practice as a chiropractic assistant in this State.

9. The Board may adopt regulations that provide for random audits of licensees and holders of a certificate as a chiropractic assistant to ensure compliance with subsection 3 or 4, as appropriate.

10. The Board may waive the renewal fee for a licensee or holder of a certificate as a chiropractic assistant if the licensee or holder of a certificate submits proof to the Board that the licensee or holder of a certificate was in active military service at the time the renewal fee was due.

11. The Board may adopt regulations that provide for the prorating or waiving of the renewal fee for a licensee or holder of a certificate as a chiropractic assistant if such prorating or waiving is based upon the date on which:

(a) The Board issues a license to practice chiropractic or a certificate as a chiropractic assistant; and

(b) Such license or certification must be renewed.

12. If a licensee fails to:

(a) Except as otherwise provided in subsection 10 or 11, pay the renewal fee by January 1 of an odd-numbered year;

(b) Except as otherwise provided in subsection 5 or 6, submit proof of continuing education pursuant to subsection 3;

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

Ê the license automatically expires and, except as otherwise provided in NRS 634.131, may be reinstated only upon the payment, by January 1 of the even-numbered year following the year in which the license expired, of the required fee for reinstatement in addition to the renewal fee.

13. If a holder of a certificate as a chiropractic assistant fails to:

(a) Except as otherwise provided in subsection 10 or 11, pay the renewal fee by January 1 of an even-numbered year;

(b) Except as otherwise provided in subsection 5 or 6, submit proof of continuing education pursuant to subsection 4;

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

Ê the certificate automatically expires and may be reinstated only upon the payment of the required fee for reinstatement in addition to the renewal fee.

[Part 8:23:1923; A 1951, 258]—(NRS A 1963, 279; 1969, 349; 1971, 358; 1975, 642; 1977, 965; 1981, 1340; 1983, 422; 1991, 2084; 1993, 331; 1995, 2750; 1997, 821, 2131; 2003, 3446; 2005, 2730, 2807, 2817; 2007, 2935; 2011, 1821; 2013, 549; 2015, 511; 2019, 2291)

1. The Board may:

(a) Make the data request developed by the Director of the Department of Health and Human Services pursuant to NRS 439A.116 available to applicants for the renewal of a license or certificate pursuant to this chapter through a link on the electronic application for the renewal of a license or certificate; and

(b) Request each applicant to complete and electronically submit the data request to the Director.

2. The information provided by an applicant for the renewal of a license or certificate pursuant to subsection 1 is confidential and, except as required by subsection 1, must not be disclosed to any person or entity.

3. An applicant for the renewal of a license or certificate is not required to complete a data request pursuant to subsection 1 and is not subject to disciplinary action, including, without limitation, refusal to renew the license or certificate, for failure to do so.

(Added to NRS by 2021, 803)

1. A chiropractic physician 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 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 Board may ask each applicant for the renewal of a license as a chiropractic physician if the applicant performs the actions described in subsection 1. If such a question is asked, the Board 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 2019, 2693)

NRS 634.131 Application for reinstatement of expired license; regulations.

1. If a license expires pursuant to the provisions of subsection 12 of NRS 634.130 and the license was not reinstated pursuant to the provisions of that subsection, the person who held the license may apply to the Board to have the license reinstated to active status.

2. An applicant to have an expired license reinstated to active status pursuant to subsection 1 must:

(a) Either:

(1) Submit satisfactory evidence to the Board:

(I) That the applicant has maintained an active practice in another state, territory or country within the preceding 5 years;

(II) From all other licensing agencies which have issued the applicant a license that he or she is in good standing and has no legal actions pending against him or her; and

(III) That the applicant has participated in a program of continuing education in accordance with NRS 634.130 for the year in which he or she seeks to be reinstated to active status; or

(2) Score:

(I) For a written, closed-book examination which is administered in person by the Board, 75 percent or higher in all subjects on the examination concerning the provisions of this chapter and the regulations adopted by the Board; or

(II) For a written, open-book examination which is administered in person by the Board or an examination that is taken online, 90 percent or higher in all subjects on the examination concerning the provisions of this chapter and the regulations adopted by the Board;

(b) Pay:

(1) The fee for the biennial renewal of a license to practice chiropractic;

(2) The fee for reinstating a license to practice chiropractic which has expired; and

(3) The fee for the processing of fingerprints established pursuant to subsection 4; and

(c) Submit a complete set of fingerprints and written permission authorizing the Board 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.

3. If any of the requirements set forth in subsection 2 are not met by an applicant for the reinstatement of an expired license to active status, the Board, before reinstating the license of the applicant to active status:

(a) Must hold a hearing to determine the professional competency and fitness of the applicant; and

(b) May require the applicant to:

(1) Pass the Special Purposes Examination for Chiropractic prepared by the National Board of Chiropractic Examiners; and

(2) Satisfy any additional requirements that the Board deems to be necessary.

4. The Board shall establish by regulation the fee for processing fingerprints. The fee must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.

(Added to NRS by 2007, 2934; A 2011, 1823; 2013, 551; 2015, 513; 2019, 2293)

NRS 634.135 Fees.

1. The Board may charge and collect fees not to exceed:

For an application for a license to practice chiropractic.......................... $200.00

For an examination for a license to practice chiropractic.......................... 200.00

For an application for, and the issuance of, a certificate as a chiropractic assistant 100.00

For an examination for a certificate as a chiropractic assistant................ 100.00

For the issuance of a license to practice chiropractic................................. 300.00

For the biennial renewal of a license to practice chiropractic............... 1,000.00

For the biennial renewal of an inactive license to practice chiropractic. 300.00

For the biennial renewal of a certificate as a chiropractic assistant......... 200.00

For the restoration to active status of an inactive license to practice chiropractic 300.00

For reinstating a license to practice chiropractic which has expired pursuant to NRS 634.130 or has been suspended....................................................................................................................... 500.00

For reinstating a certificate as a chiropractic assistant which has expired pursuant to NRS 634.130 or has been suspended.................................................................................................... 100.00

For a review of any subject on the examination............................................ 25.00

For the issuance of a duplicate license or for changing the name on a license 35.00

For written verification of licensure or issuance of a certificate of good standing 25.00

For providing a list of persons who are licensed to practice chiropractic to a person who is not licensed to practice chiropractic.................................................................................................... 25.00

For providing a list of persons who were licensed to practice chiropractic following the most recent examination of the Board to a person who is not licensed to practice chiropractic...... 10.00

For a set of mailing labels containing the names and addresses of the persons who are licensed to practice chiropractic in this State.............................................................................. 35.00

For providing a copy of the statutes, regulations and other rules governing the practice of chiropractic in this State to a person who is not licensed to practice chiropractic........................ 25.00

For each page of a list of continuing education courses that have been approved by the Board .50

For an application to a preceptor program offered by the Board to graduates of chiropractic schools or colleges......................................................................................................................... 35.00

For an application for a student or chiropractic physician to participate in the preceptor program established by the Board pursuant to NRS 634.137................................................................ 35.00

For a review by the Board of a course offered by a chiropractic school or college or a course of continuing education in chiropractic............................................................................................... 50.00

2. In addition to the fees set forth in subsection 1, the Board may charge and collect reasonable and necessary fees for the expedited processing of a request or for any other incidental service it provides.

3. For a check or other method of payment made payable to the Board or tendered to the Board that is returned to the Board or otherwise dishonored upon presentation for payment, the Board shall assess and collect a fee in the amount established by the State Controller pursuant to NRS 353C.115.

(Added to NRS by 1993, 327; A 1995, 2751; 2003, 20th Special Session, 219; 2005, 591, 2822; 2007, 2936, 2948; 2011, 914; 2013, 552; 2021, 528)

BUSINESSES THAT PROVIDE CHIROPRACTIC SERVICES

1. To obtain a registration as a business entity that provides chiropractic services, a business entity must submit to the Board an application in the form prescribed by the Board. The application must include:

(a) The name, address and telephone number of the business entity;

(b) The name of any officer or director of the business entity; and

(c) The name of any chiropractic physician who is responsible for providing or supervising the provision of chiropractic services in any facility owned or operated by the business entity.

2. A registration as a business entity that provides chiropractic services expires on June 1 of each year and may be renewed by submitting to the Board before the expiration of the registration an application for renewal in the form prescribed by the Board.

3. The Board may approve a late application for renewal.

4. A business entity shall notify the Board in writing within 30 days after any change to the information described in subsection 1.

5. The Board shall impose an administrative fine in an amount prescribed by regulation of the Board against a registrant that does not comply with the requirements of subsection 4.

(Added to NRS by 2021, 525)

NRS 634.1362 Duties concerning compliance with laws pertaining to practice of chiropractic, medical records and notification of dissolution or closing of facility. A business entity that is registered to provide chiropractic services pursuant to NRS 634.136 shall:

1. Ensure that all chiropractic physicians and chiropractic assistants who provide chiropractic services in any facility owned or operated by the business entity comply with the provisions of this chapter or the regulations adopted by the Board, and any other statute or regulation pertaining to the practice of chiropractic;

2. Establish a written policy and procedure for the secure storage and transfer of the medical records of a patient and the access to those records by the patient. The policy and procedure must include procedures for:

(a) Notifying each patient of the location to which his or her medical records will be moved if the business entity ceases operations, is sold or ceases maintaining medical records at the facility where the medical records are currently maintained:

(b) Disposing of unclaimed medical records; and

(c) Responding to a request by a patient or a representative of the patient for any copy of his or her medical records within the time period prescribed by NRS 629.061.

3. Not later than 30 days after the dissolution of the business entity or the closing of any facility owned or operated by the business entity, notify the Board of the dissolution or closure and the procedure by which a patient of the business entity may obtain his or her medical records.

(Added to NRS by 2021, 525)

PRECEPTOR PROGRAM

NRS 634.137 Establishment; regulations.

1. The Board shall establish a preceptor program to provide supervised clinical experience to students enrolled in colleges of chiropractic.

2. The Board shall adopt regulations to carry out the preceptor program required by this section. The regulations must include, without limitation:

(a) The application procedure for participation in the preceptor program;

(b) Eligibility requirements for students which are in addition to the requirements set forth in NRS 634.1375;

(c) The form, content and provisions required for a preceptor agreement between a student and a chiropractic physician; and

(d) Eligibility requirements for the approval of a chiropractic physician to serve as a preceptor which are in addition to the requirements set forth in NRS 634.1379.

(Added to NRS by 2011, 912)

NRS 634.1375 Requirements for participation; notice of approval or denial; scope of authorized activities.

1. A student who wishes to participate in the preceptor program established by the Board pursuant to NRS 634.137 must:

(a) File with the Board an application in the form required by the Board;

(b) Pay the fee for filing an application required by NRS 634.135;

(c) Be enrolled in his or her final academic year at a college of chiropractic that meets the criteria established in paragraph (b) of subsection 1 of NRS 634.090;

(d) Have completed all clinical work required by the Board;

(e) Enter into a preceptor agreement with a chiropractic physician who is approved by the Board to act as a preceptor pursuant to NRS 634.1379; and

(f) Comply with any other requirements prescribed by the Board.

2. The Board may approve or deny an application for a student who wishes to participate in the preceptor program and shall provide notice to the student of its decision.

3. A student who is approved to participate in the preceptor program:

(a) May perform chiropractic, including, without limitation, chiropractic adjustment or manipulation, under the direct supervision of a chiropractic physician who is approved to act as a preceptor pursuant to NRS 634.1379.

(b) Shall not perform chiropractic as a participant in the preceptor program for more than 1 year.

(Added to NRS by 2011, 913)

NRS 634.1379 Requirements to act as preceptor; notice of approval or denial.

1. A chiropractic physician who wishes to act as a preceptor pursuant to the preceptor program established by the Board pursuant to NRS 634.137 must:

(a) File with the Board an application in the form required by the Board;

(b) Pay the fee for filing an application with the Board required by NRS 634.135;

(d) Have malpractice insurance as may be required by the Board; and

(e) Comply with any other requirements prescribed by the Board.

2. The Board may approve or deny an application for a chiropractic physician to act as a preceptor and shall give notice to the chiropractic physician of its decision.

(Added to NRS by 2011, 913)

DISCIPLINARY AND OTHER ACTIONS

NRS 634.140 Grounds for initiating disciplinary action. The following acts, as applied to a licensee, an officer or director of a registrant or a person who provides or supervises the provision of chiropractic services at the facility of a registrant, are grounds for initiating disciplinary action against a licensee or registrant pursuant to this chapter:

1. Unprofessional conduct.

2. Incompetence or negligence in the practice of chiropractic.

3. 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 crime relating to the practice of chiropractic;

(d) Any offense involving moral turpitude.

4. Suspension or revocation of the license to practice chiropractic by any other jurisdiction.

5. Referring, in violation of NRS 439B.425, a patient to a health facility, medical laboratory or commercial establishment in which the licensee, officer, director or person providing or supervising the provision of chiropractic services has a financial interest.

6. 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.

7. The performance or supervision of the performance of a pelvic examination in violation of NRS 629.085.

[Part 11:23:1923; A 1951, 258]—(NRS A 1971, 2037; 1983, 422; 1987, 1562; 1991, 2439; 1993, 787, 2597; 2003, 2710; 2009, 886; 2011, 852; 2015, 514; 2019, 2294; 2021, 529, 1578)

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 chiropractic or a certificate to practice as a chiropractic 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 chiropractic or a certificate to practice as a chiropractic 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 by the Board pursuant to NRS 634.135 for the reinstatement of a suspended license or certificate.

(Added to NRS by 1997, 2130; A 2005, 2807)

NRS 634.160 Filing of written complaint against person practicing chiropractic or business entity providing chiropractic services; retention of complaints.

1. The Board or any of its members who become aware that any one or a combination of the grounds for initiating disciplinary action may exist as to a person practicing chiropractic or a business entity providing chiropractic services in this State shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the Executive Director of 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 or entity who is the subject of the complaint.

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

[Part 11:23:1923; A 1951, 258]—(NRS A 1983, 423; 1991, 2084; 2009, 887; 2013, 2226; 2021, 530)

NRS 634.170 Complaint required to be considered by President or designee; notice of hearing; discussion of insufficient complaints by Board.

1. When a complaint is filed with the Executive Director of the Board, it must be considered by the President or a member of the Board designated by the President. If, from the complaint or from other official records, it appears that the complaint may be well founded in fact, the Executive Director shall cause written notice of the charges in the complaint to be served upon the person or business entity charged at least 20 days before the date fixed for the hearing. If the Board receives a report pursuant to subsection 5 of NRS 228.420, a hearing must be held within 30 days after receiving the report.

2. If the complaint is not deemed by the President or designated member of the Board to be of sufficient import or sufficiently well founded to merit bringing proceedings against the person or business entity charged, the complaint must be held in abeyance and discussed at the next meeting of the Board.

[Part 11:23:1923; A 1951, 258]—(NRS A 1983, 423; 1991, 2084; 1993, 788; 2021, 530)

NRS 634.190 Hearing; authorized disciplinary action; disposition of fines; private reprimands prohibited; orders imposing discipline deemed public records.

1. The person or business entity charged is entitled to a hearing before the Board, but the failure of the person charged or a representative of the business entity charged to attend a hearing or to defend himself or herself or the business entity, as applicable, does not delay or void the proceedings. The Board may, for good cause shown, continue any hearing from time to time.

2. If the Board finds that the person or business entity committed one or more of the charges made in the complaint, the Board may by order:

(a) Place the person or business entity on probation for a specified period or until further order of the Board.

(b) Administer to the person or business entity a public reprimand.

(c) Limit the practice of the person or business entity to, or by the exclusion of, one or more specified branches of chiropractic.

(d) Suspend the license of the person to practice chiropractic or the registration as a business entity that provides chiropractic services for a specified period or until further order of the Board.

(e) Revoke the license of the person to practice chiropractic or registration as a business entity that provides chiropractic services.

(f) Impose a fine of not more than $5,000 for each act which constitutes a ground for disciplinary action, which must be deposited with the State Treasurer for credit to the State General Fund.

Ê The order of the Board may contain such other terms, provisions or conditions as the Board deems proper to remedy or address the facts and circumstances of the particular case.

3. If the Board finds that a licensee has violated the provisions of NRS 439B.425, the Board shall suspend the license for a specified period or until further order of the Board.

4. The Board shall not administer a private reprimand.

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

[Part 11:23:1923; A 1951, 258]—(NRS A 1975, 193; 1979, 959; 1983, 424; 1991, 2439; 1993, 886, 2598; 2003, 3447; 2009, 1020; 2019, 2294; 2021, 530)

NRS 634.193 Disciplinary action by hearing officer or panel: Procedural requirements; powers and duties of officer or panel; appeals.

1. Any disciplinary action taken by a hearing officer or panel pursuant to NRS 634.050 is subject to the same procedural requirements which apply to disciplinary actions taken by the Board, and the officer or panel has those powers and duties given to the Board in relation thereto.

2. A decision of the hearing officer or panel relating to the imposition of a fine is a final decision in a contested case. Any party aggrieved by a decision of the officer or panel to place a licensee on probation or revoke or suspend a license may appeal that decision to the Board.

(Added to NRS by 1983, 1536)

NRS 634.200 Judicial review.

1. Any person who has been placed on probation or whose license or registration has been limited, suspended or revoked by the Board is entitled to judicial review of the Board’s order.

2. 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 that priority by law.

[Part 11:23:1923; A 1951, 258]—(NRS A 1977, 90; 1983, 424; 1989, 1658; 2007, 2937; 2021, 531)

NRS 634.204 Application for removal of limitation or restoration of license or registration; action by Board.

1. Any person:

(a) Whose practice of chiropractic has been limited; or

(b) Whose license to practice chiropractic or registration to operate a business entity offering chiropractic services has been suspended until further order,

Ê by an order of the Board may apply to the Board after a reasonable period for removal of the limitation or restoration of his or her license or registration.

2. In hearing the application, the Board:

(a) May require the person or an officer or director of the business entity, as applicable, to submit to a mental or physical examination by physicians or other appropriate 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; and

(Added to NRS by 1983, 419; A 2013, 553; 2021, 531)

1. If the President or a member of the Board designated to review a complaint pursuant to NRS 634.170 has reason to believe that the conduct of a chiropractic physician or chiropractic assistant has raised a reasonable question as to his or her competence to practice as a chiropractic physician or as a chiropractic assistant, as applicable, with reasonable skill and safety to patients, the President or the member of the Board designated by the President may require the chiropractic physician or chiropractic assistant to submit to a mental or physical examination conducted by the appropriate medical providers designated by the Board. The Board shall pay the costs of any examination required pursuant to this subsection.

2. If the chiropractic physician or chiropractic assistant participates in a diversion program, the diversion program may exchange with any authorized member of the staff of the Board any information concerning the recovery and participation of the chiropractic physician or chiropractic assistant in the diversion program. As used in this subsection, “diversion program” means a program approved by the Board to correct a chiropractic physician or chiropractic assistant’s alcohol or drug dependence or any other impairment.

3. For the purposes of this section:

(a) A chiropractic physician who is licensed or a chiropractic assistant who is certified under this chapter and who accepts the privilege of practicing chiropractic or practicing as a chiropractic assistant in this State is deemed to have given consent to submit to a mental or physical examination pursuant to a written order by the President or member of the Board designated to review a complaint.

(b) The testimony or examination reports of the examining medical provider are not privileged communications.

4. Except in extraordinary circumstances, as determined by the Board, the failure of a chiropractic physician who is licensed or a chiropractic assistant who is certified under this chapter to submit to an examination pursuant to this section constitutes an admission of the charges against the chiropractic physician or chiropractic assistant.

(Added to NRS by 2015, 508)

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 the investigation conducted to determine whether to initiate disciplinary action are confidential and may be disclosed in whole or in part only as necessary in the course of administering this chapter or to a licensing board or agency or any other governmental agency, including, without limitation, a law enforcement agency, that is investigating a person who is licensed or who performs any act for which a license or certificate is required pursuant to the provisions of this chapter.

2. 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.

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

(Added to NRS by 2003, 3444; A 2005, 2823; 2007, 2138; 2013, 2226)

NRS 634.216 Immunity for Board or person or organization initiating or assisting in lawful investigation. The Board or any person who or other organization which initiates or assists in any lawful investigation or proceeding concerning the discipline of a chiropractic physician or a business entity that provides chiropractic services is immune from any civil action for that initiation or assistance or any consequential damages, if the person or organization acted without malicious intent.

(Added to NRS by 1983, 419; A 2019, 2295; 2021, 531)

PROHIBITED ACTS; PENALTIES; ENFORCEMENT

1. Nothing in this chapter shall be construed to permit a chiropractic physician to practice medicine, osteopathic medicine, dentistry, optometry or podiatry, or to administer or prescribe drugs except where authorized by subsection 2.

2. A chiropractic physician may recommend, dispense or administer any drug or device for which the prescription or order of a practitioner is not required by federal or state law.

3. As used in this section, “practitioner” has the meaning ascribed to it in NRS 639.0125.

[Part 5:23:1923; A 1945, 136; 1949, 655; 1951, 258; 1955, 506]—(NRS A 1969, 349, 905; 1977, 965; 2021, 531)

1. A chiropractic physician shall not pierce or sever any body tissue, except to:

(a) Draw blood for diagnostic purposes; or

(b) Perform dry needling, if the chiropractic physician is qualified to do so pursuant to the regulations adopted by the Board pursuant to NRS 634.035.

2. A chiropractic physician shall not offer to engage in, advertise, solicit or otherwise claim to be able to perform acupuncture unless he or she is licensed to practice Oriental medicine pursuant to chapter 634A of NRS, except that a chiropractic physician who is qualified to perform dry needling pursuant to the regulations adopted pursuant to NRS 634.035 may offer to engage in, advertise, solicit or otherwise claim to be able to perform dry needling.

3. As used in this section:

(a) “Acupuncture” has the meaning ascribed to it in NRS 634A.020.

(b) “Dry needling” has the meaning ascribed to it in NRS 634.035.

(Added to NRS by 1969, 349; A 2019, 2295)

NRS 634.226 Practicing or offering to practice or provide chiropractic services without license, certificate or registration: Reporting requirements of Board. Unless the Board determines that extenuating circumstances exist, the Board shall forward to the appropriate law enforcement agency any substantiated information submitted to the Board concerning:

1. A person who practices or offers to practice chiropractic or as a chiropractic assistant without the appropriate license or certificate issued pursuant to the provisions of this chapter.

2. A business entity that provides chiropractic services without being registered pursuant to the provisions of this chapter.

(Added to NRS by 2013, 2226; A 2021, 532)

NRS 634.227 Unlawful acts; penalties.

1. A person who:

(a) Presents to the Board as his or her own the diploma, license or credentials of another;

(b) Gives false or forged evidence of any kind to the Board; or

Ê is guilty of a misdemeanor.

2. Except as otherwise provided in NRS 634.105, 634.117 and 634.1375, a person who does not hold a license issued pursuant to this chapter and:

(a) Practices chiropractic in this State;

(b) Holds himself or herself out as a chiropractic physician;

(c) Uses any combination, variation or abbreviation of the terms “chiropractor,” “chiropractic” or “chiropractic physician” as a professional or commercial representation; or

(d) Uses any means which directly or indirectly conveys to another person the impression that he or she is qualified or licensed to practice chiropractic,

Ê 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.

3. In addition to any other penalty prescribed by law, if the Board determines that a person has committed any act described in subsection 2, 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 2. 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.

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

4. A person who owns or operates a business entity that offers chiropractic services:

(a) Which is not registered with the Board pursuant to NRS 634.136; or

(b) For which a chiropractic physician who is not licensed pursuant to this chapter engages in the practice of chiropractic,

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

[Part 6:23:1923; NCL § 1085]—(NRS A 1975, 369; 1981, 876, 1339; 1987, 1466; 1995, 1311; 2011, 915; 2013, 999, 2227; 2017, 3481; 2021, 532)

NRS 634.230 Criminal penalty. Except as provided in NRS 634.227, any person violating any of the provisions of this chapter shall be guilty of a misdemeanor.

[13:23:1923; NCL § 1092]—(NRS A 1967, 642; 1975, 369)

NRS 634.240 Injunction against practice without license or registration.

1. In addition to any other remedy provided by law, the Board, through its President, Secretary or its attorney, or the Attorney General, may bring an action in any court of competent jurisdiction to enjoin any person who does not hold a license issued by the Board from practicing chiropractic or representing himself or herself to be a chiropractic physician or any business entity that is providing chiropractic services and is not registered pursuant to NRS 634.136. As used in this subsection, “practicing chiropractic” includes the conducting of independent examinations and the offering of opinions regarding the treatment or care, or both, with respect to patients who are residents of this State.

2. The court in a proper case may issue an injunction for such purposes without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure. The issuance of such an injunction does not relieve the person from criminal prosecution for a violation of NRS 634.227.

(Added to NRS by 1983, 419; A 1989, 1169; 2003, 3447; 2021, 533)