Assembly Bill No. 286

Assembly Bill No. 286-Committee on Commerce

CHAPTER

407

AN ACT relating to homeopathic medicine; making various changes to provisions governing homeopathic medicine; and providing other matters properly relating thereto.

[Approved July 16, 1997]

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. 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. If a complaint concerns a practice which is within the jurisdiction of another licensing board, including, without limitation, spinal manipulation, surgery, nursing or allopathic medicine, the board shall refer the complaint to the other licensing board.
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] :
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 and nutrition.
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 or certified nurses in the discharge of their duties as nurses.
(d) Homeopathic physicians who are called into this state, other than on a regular basis, for consultation or assistance to any physician licensed in this state, and who are legally qualified to practice in the state or country where they reside.
2. This chapter does not repeal or affect any statute of Nevada regulating or affecting any other healing art.
3. This chapter does not prohibit:
(a) Gratuitous services of a person in case of emergency.
(b) The domestic administration of family remedies.
4. This chapter does not authorize a homeopathic physician to practice medicine, including allopathic medicine, except as otherwise provided in NRS 630A.040.
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