Existing law provides for the regulation and licensure of homeopathic physicians by the Nevada Board of Homeopathic Medical Examiners. (Chapter 630A of NRS) The Board also certifies and regulates advanced practitioners of homeopathy and homeopathic assistants. (NRS 630A.293-630A.299) This bill generally provides for the regulation of naturopathic medicine and the licensure of naturopathic physicians and the certification of naturopathic assistants by the Board. Sections 33, 40 and 96 of this bill revise the name of the board to “Nevada Board of Homeopathic and Naturopathic Medical Examiners” to reflect the new authority and duties of the Board established by this bill. Sections 10 and 12 of this bill define the terms “naturopathic assistant” and “naturopathic physician,” respectively. Sections 11 and 16-18 of this bill: (1) define the practice of naturopathic medicine; (2) set forth the scope of the practice of naturopathic medicine; (3) provide the authorized methods of administration of natural substances that may be administered by a naturopathic physician; (4) set forth the requirements that a naturopathic physician must satisfy before administering intravenous therapy in his or her practice; and (5) authorize a naturopathic physician to dispense natural substances, drugs and devices, including certain controlled substances. Sections 19-27 of this bill require the Board to: (1) license naturopathic physicians; (2) certify naturopathic physicians as specialists; (3) certify naturopathic assistants; (4) certify naturopathic medical students who wish to participate in a program of clinical training for naturopathic medicine; and (5) certify graduates of an approved school of naturopathic medicine who wish to participate in an internship, preceptorship or fellowship training program. Sections 19-27 also establish certain requirements that an applicant for a license or certificate must satisfy before the Board may issue the applicant such a license or certificate. Section 28 of this bill requires naturopathic physicians to comply with certain legal requirements governing the registration of births and deaths. Section 31 of this bill requires a naturopathic physician to take certain actions which are also required of similar providers under existing law to assist a patient with an opioid use disorder in accessing medication-assisted treatment. (NRS 630.3737, 632.2383, 633.6947, 641.2293, 641A.299, 641B.360, 641C.620) Section 50 of this bill establishes certain procedures and requirements for renewing a license or certificate, which are consistent with the procedures and requirements currently applicable to practitioners of homeopathic medicine. Section 51 of this bill establishes the fees for the issuance and renewal of a license or certificate issued pursuant to sections 15 and 21-27. Sections 5-9, 13 and 14 of this bill define certain other terms relating to the practice of naturopathic medicine and section 32 of this bill establishes the applicability of the definitions set forth in sections 5-14.
Sections 34, 36, 37 and 52-76 of this bill make the grounds and procedures that are applicable to the investigation and discipline of homeopathic physicians, advanced practitioners of homeopathy and homeopathic assistants, and the unlicensed or uncertified practice of those professions, also applicable to naturopathic physicians and naturopathic assistants and the unlicensed or uncertified practice of those professions. Section 29 of this bill establishes additional grounds for disciplinary action against all practitioners licensed by the Board relating to medical records and reporting, and section 49 of this bill authorizes the discipline of the holder of a limited license to practice homeopathic medicine on those grounds. Section 75 prohibits misrepresenting that a school or college of naturopathic medicine has been approved by the Board, and sections 43 and 76 of this bill prohibit the unlicensed practice of naturopathic medicine and practice as a naturopathic assistant without the proper license or certificate. Sections 38, 42, 44, 45, 47 and 48 of this bill make conforming changes to include naturopathic physicians, naturopathic assistants and the practice of naturopathic medicine within existing provisions currently applicable to homeopathic physicians, advanced practitioners of homeopathy, homeopathic assistants and the practice of homeopathic medicine, where appropriate. Section 39 of this bill exempts certain persons from provisions governing homeopathic medicine and naturopathic medicine. Section 46 of this bill limits to homeopathic physicians the applicability of a provision relating to the examination of applicants for licensure as a homeopathic physician. Section 40 expands the membership of the Board from six members to eight members and section 41 of this bill requires that the additional members added to the Board be naturopathic physicians who have certain qualifications.
Existing law defines the term “physician” for the entirety of Nevada law, except where specifically provided otherwise, to mean a person who engages in the practice of medicine, including homeopathy. (NRS 0.040) Section 85 of this bill includes within this definition a person who engages in the practice of naturopathic medicine, thereby making certain provisions of existing law that are applicable to all physicians also apply to naturopathic physicians, including provisions concerning controlled substances and dangerous drugs. (Chapters 453 and 454 of NRS) Sections 1 and 105-128 of this bill make revisions to treat naturopathic physicians like other osteopathic and allopathic physicians for certain purposes relating to provisions that require insurers to take, or refrain from taking, certain actions with respect to certain policies of health insurance and medical malpractice insurance.
Sections 77, 78, 81, 83 and 84 of this bill clarify that provisions of law governing certain other professions do not apply to naturopathic physicians. Sections 2, 3, 79, 80, 82, 86-95 and 97-104 of this bill make revisions to treat naturopathic physicians and naturopathic assistants, where applicable, in the same manner as other similar providers of health care in other certain respects.
Existing law defines “homeopathic medicine” to include noninvasive electrodiagnosis, cell therapy, neural therapy, herbal therapy, neuromuscular integration, orthomolecular therapy and nutrition. (NRS 630A.040) Existing regulations interpret “neural therapy” and “orthomolecular therapy” to include the prescription and administration of pharmaceutical preparations. Existing regulations interpret “pharmaceutical preparations” to include narcotic drugs and opiates that are listed as schedule II controlled substances regulated by the State Board of Pharmacy. (NAC 630A.014) Sections 30 and 35 of this bill affirmatively authorize a homeopathic physician to dispense, administer and prescribe certain drugs, including some controlled substances, in the course of providing neural therapy or orthomolecular therapy, so long as the dosage and administration of the drugs conform with the standards of practice for those therapies and the homeopathic physician meets certain other qualifications. Section 30 also clarifies the authority of a homeopathic physician to prescribe, dispense and administer certain controlled substances and dangerous drugs in certain other contexts, so long as the drug is: (1) in an amount suitable for a single use; and (2) only used for the purpose of diluting the drug into a homeopathic preparation in accordance with the standards prescribed in the Homeopathic Pharmacopoeia of the United States.
Statutes affected: As Introduced: 629.095, 629.580, 629.600, 630A.010, 630A.020, 630A.030, 630A.040, 630A.060, 630A.070, 630A.080, 630A.090, 630A.100, 630A.110, 630A.155, 630A.220, 630A.225, 630A.246, 630A.260, 630A.290, 630A.310, 630A.320, 630A.325, 630A.330, 630A.340, 630A.350, 630A.360, 630A.370, 630A.380, 630A.390, 630A.400, 630A.420, 630A.430, 630A.440, 630A.450, 630A.490, 630A.500, 630A.510, 630A.520, 630A.530, 630A.540, 630A.543, 630A.550, 630A.557, 630A.565, 630A.570, 630A.580, 630A.590, 630A.600, 633.171, 634A.025, 640.190, 640B.085, 641C.130, 641C.430, 644A.150, 653.430, 0.040, 7.095, 41.505, 41.506, 41A.017, 41A.110, 42.021, 49.215, 89.050, 200.471, 200.5093, 232.8415, 287.020, 288.140, 441A.110, 441A.315, 442.003, 453C.030, 454.361, 457.301, 686B.040, 686B.070, 686B.115, 686B.117, 689A.035, 689A.04033, 689B.015, 689B.0306, 689C.131, 690B.270, 690B.280, 690B.290, 690B.300, 690B.310, 690B.330, 690B.350, 690B.360, 695A.095, 695B.035, 695B.1903, 695C.125, 695C.1693, 695G.127, 695G.173
BDR: 629.095, 629.580, 629.600, 630A.010, 630A.020, 630A.030, 630A.040, 630A.060, 630A.070, 630A.080, 630A.090, 630A.100, 630A.110, 630A.155, 630A.220, 630A.225, 630A.246, 630A.260, 630A.290, 630A.310, 630A.320, 630A.325, 630A.330, 630A.340, 630A.350, 630A.360, 630A.370, 630A.380, 630A.390, 630A.400, 630A.420, 630A.430, 630A.440, 630A.450, 630A.490, 630A.500, 630A.510, 630A.520, 630A.530, 630A.540, 630A.543, 630A.550, 630A.557, 630A.565, 630A.570, 630A.580, 630A.590, 630A.600, 633.171, 634A.025, 640.190, 640B.085, 641C.130, 641C.430, 644A.150, 653.430, 0.040, 7.095, 41.505, 41.506, 41A.017, 41A.110, 42.021, 49.215, 89.050, 200.471, 200.5093, 232.8415, 287.020, 288.140, 441A.110, 441A.315, 442.003, 453C.030, 454.361, 457.301, 686B.040, 686B.070, 686B.115, 686B.117, 689A.035, 689A.04033, 689B.015, 689B.0306, 689C.131, 690B.270, 690B.280, 690B.290, 690B.300, 690B.310, 690B.330, 690B.350, 690B.360, 695A.095, 695B.035, 695B.1903, 695C.125, 695C.1693, 695G.127, 695G.173