(On Behalf of the Nevada State Board
of Chiropractic Examiners)
March 26, 1997
____________
Referred to Committee on Commerce
SUMMARY--Makes various changes to provisions governing practice of chiropractic. (BDR 54-475)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to the practice of chiropractic; changing the name of the Nevada state board of chiropractic examiners; revising the definition of "unprofessional conduct"; revising the provisions governing the examination and licensure of applicants desiring to practice chiropractic; revising the requirements for the continuing education of licensees; 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 634 of NRS is hereby amended by adding thereto a new section to read as follows:
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.
Sec. 2 NRS 634.012 is hereby amended to read as follows:
634.012 "Board" means the chiropractic physicians' board of Nevada . [state board of chiropractic examiners.]
Sec. 3 NRS 634.018 is hereby amended to read as follows:
634.018 "Unprofessional conduct" means:
1. Obtaining a certificate upon fraudulent credentials or gross misrepresentation.
2. Procuring, or aiding or abetting in procuring, criminal abortion.
3. Obtaining a fee on assurance that a manifestly incurable disease can be permanently cured.
4. Advertising chiropractic business in which grossly improbable statements are made, advertising in any manner that will tend to deceive, defraud or mislead the public or preparing, causing to be prepared, using or participating in the use of any form of public communication that contains professionally self-laudatory statements calculated to attract lay patients. As used in this subsection, "public communication" includes, but is not limited to, communications by means of television, radio, newspapers, books and periodicals, motion picture, handbills or other printed matter. Nothing contained in this subsection prohibits the direct mailing of informational documents to former or current patients.
5. [Willful disobedience of the law, or of the regulations of the state board of health, or of the regulations of the Nevada state board of chiropractic examiners.
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.] 6. Administering, dispensing or prescribing any controlled substance.
[8.] 7. 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.] 8. Habitual intemperance or excessive use of alcohol or alcoholic beverages or any controlled substance.
[10.] 9. Conduct unbecoming a person licensed to practice chiropractic or detrimental to the best interests of the public.
[11.] 10. 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 [.
12.] or the regulations adopted by the board, or any other statute or regulation pertaining to the practice of chiropractic.
11. 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.] 12. Repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.
[14.] 13. Solicitation by the licensee or his 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:
(a) Involved in a motor vehicle accident;
(b) Involved in a work-related accident; or
(c) Injured by, or as the result of the actions of, another person.
[15.] 14. Employing, directly or indirectly, any person as a chiropractor's 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.
15. If a person licensed to practice chiropractic in this state does not carry malpractice insurance, failing to obtain, before providing any treatment, written evidence from the patient that the patient is aware of the lack of insurance coverage.
Sec. 4 NRS 634.020 is hereby amended to read as follows:
634.020 1. The chiropractic physicians' board of Nevada , [state board of chiropractic examiners,] consisting of six members appointed by the governor, is hereby created.
2. The governor shall appoint:
(a) Five 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 is a representative of the general public.
3. At least two of the appointees must have had a course in physiotherapy in a school or college of chiropractic. Not more than two persons who are resident graduates of the same school or college of chiropractic may serve simultaneously as members of the board.
4. The member who is a representative of the general public shall not participate in preparing any examination required by the board.
Sec. 5 NRS 634.070 is hereby amended to read as follows:
634.070 1. All applicants for licenses to practice chiropractic in Nevada must [be examined semiannually] pass all examinations prescribed by the board. Examinations must be held at [such places within the state and at such times as are fixed by the board.] least semiannually.
2. The examinations [must] may be written , [and] oral, practical , [and] demonstrative , or any combination thereof, as the board determines to be sufficient, and [cover] 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;
(c) Chiropractic technique ; [with a demonstration;] and
(d) Clinical competency and case management.
Sec. 6 NRS 634.090 is hereby amended to read as follows:
634.090 1. An applicant must, in addition to the requirements of NRS 634.070 and 634.080, furnish satisfactory evidence to the board that [he:
(a) Is] :
(a) He is of good moral character and, if licensed to practice chiropractic in another state, possesses a good professional reputation;
(b) [Has] He has a high school education and is a graduate from a college of chiropractic accredited by the Council on Chiropractic Education whose minimum course of study leading to the degree of doctor of chiropractic consists of not less than 4,000 hours of credit which includes instruction in each of the following subjects:
(1) Anatomy;
(2) Bacteriology;
(3) Chiropractic theory and practice;
(4) Diagnosis and chiropractic analysis;
(5) Elementary chemistry and toxicology;
(6) Histology;
(7) Hygiene and sanitation;
(8) Obstetrics and gynecology;
(9) Pathology;
(10) Physiology; and
(11) Physiotherapy; and
(c) [Holds:
(1) Certificates] He:
(1) Holds certificates which indicate that he has passed parts I, II and III, and the portion relating to physiotherapy, of the examination administered by the National Board of Chiropractic Examiners; or
(2) [An active license issued by a chiropractic board of a state in which the qualifications are equal to or higher than those required for certification by the National Board of Chiropractic Examiners for all subjects included in parts I, II and III, and the portion relating to physiotherapy, of the examination administered by the National Board of Chiropractic Examiners.] Has actively practiced chiropractic in another state for not fewer than 7 of the immediately preceding 10 years without having any adverse disciplinary action taken against him.
2. Except as otherwise provided in subsection 3, every applicant is required to submit evidence of his successful completion of not less than 60 credit hours at an accredited college or university.
3. 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 2.
Sec. 7 NRS 634.100 is hereby amended to read as follows:
634.100 1. An applicant for a license to practice chiropractic in this state must pay the required fee to the secretary of the board not less than 60 days before the date of the examination.
2. [An applicant taking the examination who receives a general average of not less than] A score of 75 percent or higher in all subjects [and who does not fall below the grade of 70 percent in any one subject is entitled to a license to practice chiropractic.] taken on the examination is a passing score.
3. If an applicant fails to pass the first examination, he may take a second examination within 1 year without payment of any additional fees. Credit must be given on this examination for all subjects previously passed with a [grade] score of 75 percent or higher.
4. An applicant for a certificate as a chiropractor's assistant must pay the required fee to the secretary of the board before the application may be considered.
Sec. 8 NRS 634.130 is hereby amended to read as follows:
634.130 1. Licenses and certificates must be renewed annually. Each person who is licensed pursuant to the provisions of this chapter must, upon the payment of the required renewal fee, be granted a renewal certificate which authorizes him to continue to practice for 1 year.
2. Each renewal fee must be paid to the board on or before January 1 of the year to which it applies.
3. Except as otherwise provided in subsection 4, a licensee in active practice within this state must submit satisfactory proof to the board that he has attended at least 12 hours of continuing education which is approved or endorsed by the board, with the exception of a licensee who has reached the age of 70 years. Two hours of the continuing education must be obtained in a topic specified by the board. The educational requirement of this section may be waived by the board if the licensee files with the board a statement of a chiropractic physician, osteopathic physician or doctor of medicine certifying that the licensee is suffering from a serious or disabling illness or physical disability which prevented him from completing the requirements for continuing education during the 12 months immediately preceding the renewal date of his license.
4. A licensee is not required to comply with the requirements of subsection 3 until the calendar year after the year the board issues to him an initial license to practice as a chiropractor in this state.
5. If a licensee fails to pay his renewal fee by January 1, fails to submit proof of continuing education pursuant to subsection 3 or fails to notify the board of a change in the location of his office pursuant to NRS 634.129, his license is automatically suspended and may be reinstated only upon the payment of the required fee for reinstatement in addition to the renewal fee.
6. If a holder of a certificate as a chiropractor's assistant fails to pay his renewal fee by January 1 or fails to notify the board of a change in the location of his office pursuant to NRS 634.129, his certificate is automatically suspended and may be reinstated only upon the payment of the required fee for reinstatement in addition to the renewal fee.