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Board of Homeopathic Medical Examiners

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Board of Homeopathic Medical Examiners Board of Homeopathic Medical Examiners Nevada Revised Statutes (NRS) Chapter 630A Board members (NRS 630A.100 and 630A.110)—The Board consists of seven members, appointed by the Governor, as follows: • Three members must be persons who are licensed to practice allopathic or osteopathic medicine in any state or territory of the United States or any country, have been engaged in the practice of homeopathic medicine in Nevada for more than two years prior to appointment, and are actually engaged in practice in Nevada; • One member must represent the interests of persons or agencies that provide health care to indigent, uninsured, or low-income patients and may be licensed under this chapter; • Three members who have resided in Nevada for at least three years and meet qualifications as provided in statute; and A member may be removed by the Governor for good cause. Powers and duties of the Board—The Board: • Shall regulate the practice of homeopathic medicine (NRS 630A.155); • Shall determine qualifications of applicants and examine them (NRS 630A.155); • Shall license or certify applicants(NRS 630A.155); • Shall adopt regulations to provide for background checks (NRS 630A.155); • Shall investigate complaints and, when appropriate, forward to a law enforcement agency any substantiated information concerning a person who practices or offers to practice homeopathic medicine without a license or certificate (NRS 630A.155); • May delegate to a hearing officer or panel its authority to take disciplinary actions and impose and collect fines (NRS 630A.160); • May receive and investigate complaints (NRS 630A.400 et seq.); and • May adopt regulations necessary or desirable to carry out the provisions of this chapter (NRS 630A.200). Agenda Item V B-1 (SUNSET) Meeting Date: 03-21-18 Operations of the Board—The Board: • Shall elect officers, including a Secretary-Treasurer who shall receive applications for licenses and certificates (NRS 630A.140); • May maintain offices in as many locations as it finds necessary (NRS 630A.190); and • May employ attorneys, investigators, hearing officers, experts, administrators, consultants, and support staff (NR 630A.190). Background Legislation: • 1983—Senate Bill 237 (Chapter 524, Statutes of Nevada)—Created the Board of Homeopathic Medical Examiners, consisting of five members; and provided for the regulation of homeopathic medicine; • 1985—S.B. 295 (Chapter 368, Statutes of Nevada)—Increased the number of Board members from five to seven; and revised Board membership to provide that four members who are licensed to practice allopathic or osteopathic medicine may be licensed in any state or territory of the United States or any country; • 1987—S.B. 134 (Chapter 775, Statutes of Nevada)—Revised qualifications of nonlicensed Board members to require that they must have resided in Nevada for at least five years; and provided that a Board member could be removed by the Governor for good cause; • 1997—Assembly Bill 286 (Chapter 407, Statutes of Nevada)—Established the duty of the Board to regulate the practice of homeopathic medicine, including determining qualifications, licensing practitioners, and investigating complaints; • 2005—S.B. 276 (Chapter 225, Statutes of Nevada)—Provided that the Board must comply with investigative procedures of Chapter 622A (“Administrative Procedure Before Certain Regulatory Bodies”) of NRS; • 2005—A.B. 208 (Chapter 489, Statutes of Nevada)—Created the Nevada Institutional Review Board under the supervision of the Board of Homeopathic Medical Examiners; the Review Board must oversee certain research studies pursuant to statute; and added the requirement of an annual report to the Legislature and recommendations for legislation relating to alternative and complementary integrative medicine; • 2007—S.B. 432 (Chapter 410, Statutes of Nevada)—Eliminated the Nevada Institutional Review Board; 2 • 2013—S.B. 405 (Chapter 337, Statutes of Nevada)—Eliminated the requirement that the Board submit an annual report to the Legislature and make recommendations for legislation; and • 2013—S.B. 220 (Chapter 406, Statutes of Nevada)—Added the requirement that the Board forward to the appropriate law enforcement agency substantiated information concerning a person who practices without the appropriate license or certificate. Legislative history—The following legislative histories have been compiled and are available on the website of the Research Library: • 1983—S.B. 237—Sponsored by Senators James Gibson, Floyd Lamb, Helen Foley and William Hernstadt; • 1987—S.B. 134—Sponsored by the Senate Committee on Commerce and Labor; and • 1997—A.B. 286—Sponsored by the Assembly Committee on Commerce. In addition, bill pages for the following legislation are available on the Legislature’s website: • 2005—S.B. 276—Sponsored by the Senate Committee on Commerce and Labor on behalf of the Attorney General; • 2005—A.B. 208—Sponsored by Assemblyman William Horne, et al.; • 2007—S.B. 432—Sponsored by Senator Michael Schneider; • 2013—S.B. 405—Sponsored by Senator Debbie Smith, et al.; and • 2013—S.B. 220—Sponsored by the Senate Committee on Commerce, Labor and Energy on behalf of the Legislative Committee on Health Care Reports to the Legislature—No reports to the Legislature are required pursuant to NRS 630A. In 2013, the Legislature enacted S.B. 405 to eliminate an annual report to the Legislature that included recommendations for legislation. • NRS 622.100 requires a report to the Director of the Legislative Counsel Bureau (LCB) including information relating to licensing and disciplinary actions. The Board of Homeopathic Medical Examiners has four license types. (Senate Bill 69 [Chapter 518, Statutes of Nevada 2017] revised the reporting provisions.) 3 Records held by the LCB: • Staff Study Concerning Alternative and Complementary Integrative Medicine, Homeopathic Medicine and the Use of Nonembryonic Stem Cells in Bioregenerative Medical Technology (S.B. 432, 2007), Legal Division, Legislative Counsel Bureau, 2008; and • Audit Report: Board of Homeopathic Medical Examiners, Audit Division, LCB, 2006. Current contact—Nancy Eklof, Executive Director Website—http://nvbhme.org/ W180944 4 Printed on 3/12/2018 Page # 1 Query: _______________________________ BOARD OF HOMEOPATHIC MEDICAL EXAMINERS NRS 630A.100 Number, appointment and terms of members. The Board of Homeopathic Medical Examiners consists of seven members appointed by the Governor. After the initial terms, the term of office of each member is 4 years. (Added to NRS by 1983, 1480; A 1985, 12, 1034) NRS 630A.110 Qualifications of members. 1. Three members of the Board must be persons who are licensed to practice allopathic or osteopathic medicine in any state or country, the District of Columbia or a territory or possession of the United States, have been engaged in the practice of homeopathic medicine in this State for a period of more than 2 years preceding their respective appointments, are actually engaged in the practice of homeopathic medicine in this State and are residents of this State. 2. One member of the Board must be a person who has resided in this State for at least 3 years and who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care. This member may be licensed under the provisions of this chapter. 3. The remaining three members of the Board must be persons who: (a) Are not licensed in any state to practice any healing art; (b) Are not the spouse or the parent or child, by blood, marriage or adoption, of a person licensed in any state to practice any healing art; (c) Are not actively engaged in the administration of any medical facility or facility for the dependent as defined in chapter 449 of NRS; (d) Do not have a pecuniary interest in any matter pertaining to such a facility, except as a patient or potential patient; and (e) Have resided in this State for at least 3 years. 4. The members of the Board must be selected without regard to their individual political beliefs. 5. As used in this section, “healing art” means any system, treatment, operation, diagnosis, prescription or practice for the ascertainment, cure, relief, palliation, adjustment or correction of any human disease, ailment, deformity, injury, or unhealthy or abnormal physical or mental condition for the practice of which long periods of specialized education and training and a degree of specialized knowledge of an intellectual as well as physical nature are required. (Added to NRS by 1983, 1480; A 1985, 1034, 1766; 1987, 2057; 2003, 1190; 2013, 584) NRS CROSS REFERENCES. Residency requirements, qualifications of representatives of general public, NRS 232A.020, 622.205 NRS 630A.120 Expiration of term; removal of member; replacement of removed member. 1. Upon expiration of his or her term of office, a member shall continue to serve until a person qualified under this chapter is appointed as a successor. 2. A member of the Board may be removed by the Governor for good cause. The Governor shall appoint a person qualified under this chapter to replace a removed member for the remainder of the unexpired term. (Added to NRS by 1983, 1481; A 1985, 1034; 1987, 2058) NRS CROSS REFERENCES. Vacancies in office, NRS 232A.020 NRS 630A.130 Oaths or affirmations of office. Before entering upon the duties of office, each member of the Printed from the Official Nevada Law Library from the Source™ Copyright © 2014-2016 Printed on 3/12/2018 Page # 2 Query: _______________________________
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