Adoption of this amendment will MAINTAIN a 2/3s majority vote requirement for final passage of SB250 R2 (§§ 39, 70).
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not
|Concurred In Not
Receded Not | Receded Not
Amend sec. 37, page 16, by deleting lines 25 and 26 and inserting:
“this chapter unless the Board finds by a preponderance of the evidence that the”.
Amend sec. 52, page 23, line 15, by deleting:
“clear and convincing” and inserting:
“a preponderance of the”.
Amend sec. 58, page 27, by deleting lines 10 and 11 and inserting:
“that a violation of the provisions of this”.
Amend the bill as a whole by adding new sections designated sections 79.3 through 79.7, following sec. 79, to read as follows:
“Sec. 79.3. 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] Assuring 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 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. Repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.
14. 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] involved in a motor vehicle accident [;
(b) Involved] , involved in a work-related accident [; or
(c) Injured] , 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 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.
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; and
(b) An examination of the patient by the chiropractic physician taking such action.
Sec. 79.5. 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:
(a) That he is of good moral character;
(b) [Not] Except as otherwise provided in subsection 2, not less than 60 days before the date of the examination, that he has a high school education and is a graduate from a college of chiropractic which is accredited by the Council on Chiropractic Education or which has a reciprocal agreement with the Council on Chiropractic Education [,] or any governmental accrediting agency, 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) That he:
(1) Holds certificates which indicate that he has passed parts I, II [and III,] , III and IV, and the portion relating to physiotherapy, of the examination administered by the National Board of Chiropractic Examiners; or
(2) 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. 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 have a reciprocal agreement with the Council on Chiropractic Education or a governmental accrediting agency.
3. Except as otherwise provided in subsection [3,] 4, 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.]4. 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.]3.
Sec. 79.7. NRS 634.130 is hereby amended to read as follows:
FIRST
PARALLEL SECTION
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 and the submission of the statement required pursuant to NRS
634.095, be granted a renewal certificate which authorizes him to continue to
practice for 1 year.
2. The renewal fee must be paid and the statement must be submitted 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:
(a) Pay his renewal fee by January 1;
(b) Submit the statement required pursuant to NRS 634.095 by January 1;
(c) Submit proof of continuing education pursuant to subsection 3; or
(d) Notify the Board of a change in the location of his office pursuant to NRS 634.129,
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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:
(a) Pay his renewal fee by January 1;
(b) Submit the statement required pursuant to NRS 634.095 by January 1; or
(c) Notify the Board of a change in the location of his office pursuant to NRS 634.129,
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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.”.
Amend the bill as a whole by adding a new section designated sec. 80.5, following sec. 80, to read as follows:
“Sec. 80.5. NRS 634.208 is hereby amended to read as follows:
634.208 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 to be a chiropractor. 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.”.
Amend the bill as a whole by deleting sections 155 and 156 and adding:
“Secs. 155 and 156. (Deleted by amendment.)”.
Amend the bill as a whole by deleting sections 178 and 179 and adding:
“Secs. 178 and 179. (Deleted by amendment.)”.
Amend sec. 183, page 90, by deleting lines 7 through 9 and inserting:
“2. Section 4 of Senate Bill No. 281 of this session is hereby”.
Amend sec. 184, page 90, line 17, by deleting:
“Section 99 of this act expires” and inserting:
“Sections 79.7 and 99 of this act expire”.
Amend the text of repealed sections by deleting the text of sections 8, 8.3 and 8.7 of Assembly Bill No. 320 of this session.
Amend the title of the bill, eleventh line, after “physicians;” by inserting:
“making various changes regarding the practice of chiropractic;”.