Nev. Admin. Code § 630A.132 - Duties; prohibited practices; use of certain substances, devices or agents; failure to provide certain information to Board

1. A homeopathic physician shall:

(a) Complete and return any official practice surveys, questionnaires or other necessary information required by the Board to protect the public within 30 days after the date the survey, questionnaire or other necessary information is postmarked; and

(b) Maintain a legible, written record, including, without limitation, a record that is typed, printed or generated by a computer, for each patient attended, as required by chapter 629 of NRS, and keep this record available for copying or inspection, as necessary, upon receipt of a written request for records authorized pursuant to chapter 629 of NRS.

2. A homeopathic physician shall not:

(a) Falsify records of health care or insurance;

(b) Falsify medical records of a patient, including, without limitation, altering records to indicate the presence of the homeopathic physician at a time when the homeopathic physician was not in attendance or to indicate that procedures were performed on the patient by the homeopathic physician that were in fact not performed by him or her;

(c) Render professional service to a patient while under the influence of alcohol or any controlled substance or while in any other impaired mental or physical condition;

(d) Acquire any controlled substance from a pharmacy or other source by misrepresentation, fraud, deception or subterfuge;

(e) Allow any person who is unlicensed and uncertified to treat a patient by means of homeopathy;

(f) Fail to provide adequate supervision of a homeopathic assistant or advanced practitioner of homeopathy who is employed or supervised by him or her;

(g) Fail to honor the advance directive of a patient without informing the patient, the surrogate or the guardian of the patient, and without documenting in the records of the patient the reasons for failing to honor the advance directive of the patient contained therein;

(h) Fail to prescribe adequately therapies or substances allowed in NRS 630A.040 for the control of pain;

(i) Enter into a multilevel marketing agreement with a patient or an immediate family member of the patient; or

(j) Submit false or fraudulent information to the Board.

3. A homeopathic physician is not subject to disciplinary action solely for prescribing, administering or dispensing to a patient under his or her care:

(a) Amygdalin (laetrile), if the patient has consented in writing to the use of the substance;

(b) Procaine hydrochloride with preservatives and stabilizers (Gerovital GH3);

(c) A controlled substance or controlled substance analog which is listed in the official Homeopathic Pharmacopoeia of the United States (HPUS) or any supplement thereto or which is approved by the State Board of Pharmacy pursuant to NRS 453.146, if the homeopathic physician is authorized by law to prescribe the substance;

(d) A device or agent approved by the United States Food and Drug Administration in a manner that is not approved by the United States Food and Drug Administration if:

(1) The device or agent has not been scientifically proven to be of greater morbidity or mortality than the prevailing method of treatment;

(2) The device or agent is within the scope of practice of homeopathic medicine; and

(3) The patient has consented in writing to the use of the device or agent;

(e) Homeopathy for the treatment of chronic degenerative disease, cancer or intractable pain;

(f) Preventive or early intervention using homeopathy; or

(g) Homeopathic medicines:

(1) In single, alternating or sequential doses, or a combination of these methods; or

(2) From material doses and tinctures through low, medium, high and ultrahigh potencies relating to the specialty, subspecialty, school, method or style of homeopathy used.

4. If a homeopathic physician fails to complete and return a survey, questionnaire or other necessary information as required pursuant to paragraph (a) of subsection 1, the Board may by order, after a formal hearing held pursuant to NRS 630A.480 and except as otherwise provided in this subsection, impose an administrative fine. If the homeopathic physician waives his or her right to the hearing set forth in NRS 630A.480, the Board will impose an administrative fine in the amount of $20 for each day a survey, questionnaire or other necessary information required to be completed and returned pursuant to paragraph (a) of subsection 1 is overdue, up to a maximum of $500.

5. As used in this section:

(a) "Controlled substance analog" means:

(1) A substance whose chemical structure is substantially similar to the structure of a controlled substance listed in schedule III pursuant to NAC 453.530; or

(2) A substance that is substantially similar to or greater than the stimulant, depressant or hallucinogenic effect on the central nervous system of a person treated with a controlled substance listed in schedule III pursuant to NAC 453.530, and which has, is represented as having or is intended to have a stimulant, depressant or hallucinogenic effect on the central nervous system of a person.

(b) "Intractable pain" means a condition of discomfort for which the cause cannot be removed or otherwise treated and for which a method of providing relief or a cure for the cause has not been found after reasonable efforts have been taken, including, without limitation, evaluation by an attending homeopathic physician and one or more physicians specializing in the treatment of the area, system or organ of the body which is believed to be the source of the discomfort.

Notes

Nev. Admin. Code § 630A.132

Added to NAC by Bd. of Homeopathic Medical Exam'rs by R058-00, eff. 12-11-2000; A by R105-03, 9-24-2003

NRS 630A.155, 630A.200, 630A.510