Senate Bill No. 307-Committee on Commerce and Labor
April 16, 1997
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Referred to Committee on Commerce and Labor
SUMMARY--Makes various changes to provisions governing Oriental medicine. (BDR 54-1242)
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 Oriental medicine; providing for the certification of interns; authorizing the licensure of a person to practice as a licensed acupuncturist; revising the requirements for a separate license to practice Oriental medicine or acupuncture; making various other changes to provisions governing Oriental 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 634A of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2 1. A doctor of acupuncture may use the letters "D. Ac." to designate himself as a practitioner of acupuncture.
2. A doctor of Oriental medicine may use the letters "O.M.D." to designate himself as a practitioner of Oriental medicine.
3. A licensed acupuncturist may use the letters "L. Ac." to designate himself as a licensed acupuncturist.
Sec. 3 1. A person may apply to the board for a certificate as an intern. The board shall issue such a certificate upon receiving:
(a) Proof satisfactory to the board that the applicant:
(1) Is a resident of the State of Nevada;
(2) Has completed a course of study of 4 years in Oriental medicine or 3 years in acupuncture, at any college or school approved by the board which is located in any country, territory, province or state, or has qualifications considered equivalent by the board or has completed a national apprenticeship or tutorial program or one acceptable to the board; and
(3) Has arranged to practice as an intern under the supervision of a doctor of acupuncture, a doctor of Oriental medicine or a licensed acupuncturist in any country, territory, province or state; and
(b) Payment from the applicant of the fee for such a certificate prescribed by the board.
2. A person who supervises an intern shall provide to the board a written statement, verified before a notary public:
(a) At the beginning of the internship, that describes the scope of the internship; and
(b) At the end of the internship, that states the date of the satisfactory completion of the internship.
Sec. 4 1. A person to whom a certificate is issued pursuant to section 3 of this act may apply to the board for a license to practice as a licensed acupuncturist upon the completion of an internship of:
(a) At least 1 year, if he has a master's degree in any discipline from an accredited college or university; or
(b) At least 2 years, if he has a bachelor's degree in any discipline from an accredited college or university.
2. The board shall issue such a license upon receiving:
(a) Proof satisfactory to the board that the applicant has:
(1) Satisfactorily completed the required period of internship; and
(2) Passed the standard examination of the State of Nevada, the examination of the National Commission for the Certification of Acupuncturists or another examination that is approved by the board; and
(b) Payment from the applicant of the fee for such a license prescribed by the board.
Sec. 5 NRS 634A.020 is hereby amended to read as follows:
634A.020 As used in this chapter, unless the context otherwise requires:
1. "Acupuncture" means the insertion of needles into the human body by piercing the skin of the body to control and regulate the flow and balance of energy in the body and to cure, relieve or palliate:
(a) Any ailment or disease of the mind or body; or
(b) Any wound, bodily injury or deformity.
2. "Board" means the state board of Oriental medicine.
3. "Doctor of acupuncture" means a person licensed under the provisions of this chapter to practice acupuncture.
4. "Doctor of Oriental medicine" means a person who is licensed under the provisions of this chapter to practice Oriental medicine.
5. "Herbal medicine" and "practice of herbal medicine" mean suggesting, recommending, prescribing or directing the use of herbs for the cure, relief or palliation of any ailment or disease of the mind or body, or for the cure or relief of any wound, bodily injury or deformity.
6. "Herbs" means plants or parts of plants valued for medicinal qualities.
7. "Licensed acupuncturist" means a person who is licensed to practice acupuncture pursuant to section 4 of this act.
8. "Licensed assistant in acupuncture" means a person who assists in the practice of acupuncture under the direct supervision of [a] :
(a) A person licensed under the provisions of this chapter to practice Oriental medicine or acupuncture [.
8.] ; or
(b) A licensed acupuncturist who is approved by the board.
9. "Oriental medicine" means that system of the healing art which places the chief emphasis on the flow and balance of energy in the body mechanism as being the most important single factor in maintaining the well-being of the organism in health and disease. The term includes the practice of acupuncture and herbal medicine and other services approved by the board.
Sec. 6 NRS 634A.120 is hereby amended to read as follows:
634A.120 1. [Examinations must be given] The board shall give a standard examination at least [once] twice a year at a time and place fixed by the board.
2. An applicant may take the standard examination of the board not more than seven times. If an applicant does not pass the standard examination after seven attempts, he must petition the board for permission to take a subsequent examination. The decision to grant permission for a subsequent examination lies within the discretion of the board. An applicant who is granted permission to take a subsequent examination must comply with the provisions of NRS 634A.110 for each examination.
3. Applicants for licenses to practice acupuncture or Oriental medicine , or to practice as a licensed acupuncturist or an assistant in acupuncture , must be examined in the appropriate subjects as determined by the board.
4. The board shall provide to applicants, upon request, a booklet that contains guidelines for the standard examination required by subsection 1.
Sec. 7 NRS 634A.140 is hereby amended to read as follows:
634A.140The board shall issue separate licenses and designations to practice respectively Oriental medicine or acupuncture, as appropriate, [where the applicant:
1. Has successfully completed a course of study of:
(a) Four years in Oriental medicine; or
(b) Three years in acupuncture,
at any college or school approved by the board which is located in any country, territory, province or state or has qualifications considered equivalent by the board;
2. Has practiced Oriental medicine, including acupuncture and herbal medicine for 6 years; and
3. Passes the examination of the board.] to an applicant who:
1. Has completed a course of study of 4 years in Oriental medicine or 3 years in acupuncture, at any college or school approved by the board which is located in any country, territory, province or state, or has qualifications considered equivalent by the board or has completed a national apprenticeship or tutorial program or one acceptable to the board;
2. Has practiced Oriental medicine or acupuncture for 6 years, which may include the period of any internship which meets the requirements of subsection 1 of section 4 of this act, or has completed an internship which meets the requirements of subsection 1 of section 4 of this act; and
3. Passes the standard examination of the board, the examination of the National Commission for the Certification of Acupuncturists or another examination deemed equivalent by the board.
Sec. 8 NRS 634A.150 is hereby amended to read as follows:
634A.150 The board shall issue a license for an assistant in acupuncture where the applicant:
1. Has [successfully] :
(a) Successfully completed a course of study in acupuncture in any college or school :
(1) That is approved by the board [which is] ;
(2) Is located in any country, territory, province or state [requiring] ; and
(3) Requires an attendance of 3 years ; or
(b) Demonstrated other qualifications deemed by the board to be equivalent to the course of study [;] , such as a national apprenticeship or tutorial program or one acceptable to the board; and
2. Passes the standard examination of the board , an examination of the National Commission for the Certification of Acupuncturists or another examination deemed equivalent by the board for assistant in acupuncture or has other qualifications deemed by the board to be [the] equivalent.
Sec. 9 NRS 634A.170 is hereby amended to read as follows:
634A.170 The board may refuse to issue or may suspend or revoke any license for any [one or any combination] of the following causes:
1. Conviction of:
(a) A felony;
(b) Any offense involving moral turpitude;
(c) A violation of any state or federal law regulating the possession, distribution or use of any controlled substance, as shown by a certified copy of the record of the court; or
(d) A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;
2. The obtaining of or any attempt to obtain a license or practice in the profession for money or any other thing of value, by fraudulent misrepresentations;
3. Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner;
4. Advertising by means of a knowingly false or deceptive statement;
5. Advertising, practicing or attempting to practice under a name other than one's own;
6. Habitual drunkenness or habitual addiction to the use of a controlled substance;
7. Using any false, fraudulent or forged statement or document, or engaging in any fraudulent, deceitful, dishonest or immoral practice in connection with the licensing requirements of this chapter;
8. Sustaining a physical or mental disability which renders further practice dangerous;
9. Engaging in any dishonorable, unethical or unprofessional conduct which may deceive, defraud or harm the public, or which is unbecoming a person licensed to practice under this chapter;
10. Using any false or fraudulent statement in connection with the practice of Oriental medicine or any branch thereof;
11. Violating or attempting to violate, or assisting or abetting the violation of, or conspiring to violate any provision of this chapter;
12. Being adjudicated incompetent or insane;
13. Advertising in an unethical or unprofessional manner;
14. Obtaining a fee or financial benefit for any person by the use of fraudulent diagnosis, therapy or treatment;
15. Willful disclosure of a privileged communication;
16. Failure of a licensee to designate the nature of his practice in the professional use of his name by the term doctor of Oriental medicine, doctor of acupuncture , licensed acupuncturist or licensed assistant in acupuncture , [assistant,] as the case may be;
17. Willful violation of the law relating to the health, safety or welfare of the public or of the regulations adopted by the state board of health;
18. Administering, dispensing or prescribing any controlled substance, except for the prevention, alleviation or cure of disease or for relief from suffering; and
19. Performing, assisting or advising in the injection of any liquid silicone substance into the human body.