SUMMARY--Makes various changes to provisions governing homeopathic medicine. (BDR 54-1128)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to homeopathic medicine; making various changes to provisions governing homeopathic medicine; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 Chapter 630A of NRS is hereby amended by adding thereto a new section to read as follows:
The board shall:
1. Regulate the practice of homeopathic medicine in this state and any activities that are within the scope of such practice, to protect the public health and safety and the general welfare of the people of this state.
2. Determine the qualifications of, and examine, applicants for licensure or certification pursuant to this chapter, and specify by regulation the methods to be used to check the background of such applicants.
3. License or certify those applicants it finds to be qualified.
4. Evaluate the qualifications of each licensed homeopathic physician and certified advanced practitioner of homeopathy to determine which allopathic pharmaceuticals and controlled substances, if any, the homeopathic physician or advanced practitioner of homeopathy may prescribe in conventional allopathic dosages.
5. Investigate, hear and decide all complaints made against any homeopathic physician, advanced practitioner of homeopathy, homeopathic assistant or any agent or employee of any of them, or any facility where the primary practice is homeopathic medicine.
Sec. 2 NRS 630A.040 is hereby amended to read as follows:
630A.040 "Homeopathic medicine" or "homeopathy" means a system of medicine employing substances of animal, vegetable, chemical or mineral origin, including [nosodes] , without limitation:
1. Nosodes and sarcodes, which are:
[1.] (a) Given in micro-dosage, except that sarcodes may be given in macro-dosage;
[2.] (b) Prepared according to homeopathic pharmacology by which the formulation of homeopathic preparations is accomplished by the methods of Hahnemannian dilution and succussion [,] or magnetically energized geometric patterns [,] applicable in potencies above 30X , as defined in the official Homeopathic Pharmacopoeia of the United States [, or Korsakoffian; and
3.] ; and
(c) Prescribed by homeopathic physicians or advanced practitioners of homeopathy , [according to the medicines and dosages in the Homeopathic Pharmacopoeia of the United States,]
in accordance with the principle that a substance which produces symptoms in a healthy person can eliminate those symptoms in an ill person . [, resulting in the elimination and prevention of illness utilizing classical methodology and noninvasive electrodiagnosis.]
2. Noninvasive electrodiagnosis, cell therapy, neural therapy, herbal therapy, neuromuscular integration, orthomolecular therapy, nutrition, intravenous infusion, chelation therapy and pharmaceutical medicine.
Sec. 3 NRS 630A.090 is hereby amended to read as follows:
630A.0901. This chapter does not apply to:
(a) The practice of dentistry, chiropractic, Oriental medicine, podiatry, optometry, respiratory care, faith or Christian Science healing, nursing, veterinary medicine or fitting hearing aids.
(b) A medical officer of the armed services or a medical officer of any division or department of the United States in the discharge of his official duties.
(c) Licensed nurses in the discharge of their duties as nurses.
(d) Homeopathic physicians who are called into this state, other than on a regular basis, for consultation or assistance to any physician licensed in this state, and who are legally qualified to practice in the state or country where they reside.
2. This chapter does not repeal or affect any statute of Nevada regulating or affecting any other healing art.
3. This chapter does not prohibit:
(a) Gratuitous services of a person in case of emergency.
(b) The domestic administration of family remedies.
4. This chapter does not authorize a homeopathic physician to practice medicine, including allopathic medicine, except as otherwise provided in NRS 630A.040 [.] and section 1 of this act.
Sec. 4 NRS 689A.380 is hereby amended to read as follows:
689A.380 As used in any policy of health insurance delivered, issued for delivery or used in this state, unless otherwise provided in the policy or in an endorsement thereon or in a rider attached thereto:
1. "Accidental death" means death by accident exclusively and independently of all other causes.
2. "Confinement to house" or "house confinement" includes the activities of a convalescent not able to be gainfully employed.
3. "Medical or surgical services" includes [also] services within the scope of his license rendered by any person while [duly] licensed by the State of Nevada [under any of the following chapters of NRS: 631 (dentistry); 633 (osteopathic medicine); 634 (chiropractic); 634A (Oriental medicine); 635 (podiatry); or 636 (optometry).] pursuant to chapter 630A, 631, 633, 634, 634A, 635 or 636 of NRS. No policy of health insurance may provide that the insured does not have the option of selecting any licensee provided for in this subsection to perform any medical or surgical services covered by a policy of insurance if the service is within the scope of his license.
4. "Total disability" means inability to perform the duties of any gainful occupation for which the insured is reasonably fitted by training, experience and accomplishment.