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State of Nevada
Board of Homeopathic Medical Examiners
Announcements

STATE OF NEVADA
BOARD OF HOMEOPATHIC MEDICAL EXAMINERS
March 31, 2001

Declaratory Order and Advisory Opinion

The Nevada State Board of Homeopathic Medical Examiners received a petition on March 16, 2001, for a declaratory order and advisory opinion regarding the practice procedures pertaining to the practice of homeopathic medicine in Nevada, as follows:

Petition: Declare the legality of the practice, advertisement, and/or utilization of acupuncture by a physician licensed under NRS 630A.

Declaratory Order and Advisory Opinion: A homeopathic physician may practice acupuncture in accordance with NRS 630A.040(2), NAC 630A.014(1)(b)(1), and NAC 630A.015, but may not practice acupuncture, advertise, or utilize acupuncture beyond the scope of these statutes and regulations. Certain substances may be injected into specific acupuncture points as an approved therapy, referred to as "neural therapy," and also known as "trigger point" injections (NAC 630A.014(1)(b)(1)). A licensee may use a device in his practice designed to measure skin resistance at acupuncture points for the purpose of assisting him in his diagnosis, treatment, and monitoring of his patient (NAC 630A.015). A licensee is restricted from the further practice of acupuncture unless he is licensed under another NRS 629 Healing Arts Chapter that permits such practice.

Petition: Declare the legality of trainees being supervised by an NRS 630A licensee with a restricted (NRS 630.310(c)) or limited license (NRS 630A.320).

Declaratory Order and Advisory Opinion: A homeopathic physician, as defined in NRS 630A.050, may train and supervise a homeopathic assistant or an advanced practitioner of homeopathic medicine in accordance with NRS 630A.075, NAC 630A.350(1), NAC 630A.450(1). An actively practicing homeopathic physician who is in good standing with the board may supervise the training of homeopathic assistants, advanced practitioners of homeopathy, and physicians who are applicants for a license to practice homeopathic medicine (NRS 630A.240, NAC 630A.245). A homeopathic physician may not serve as a supervisor of trainees for licensure or certification if his license is limited or restricted. The term, "good standing," means that the licensee has complied with all of the requirements set forth in NRS 630A and the regulations adopted by the board for the practice of homeopathic medicine, and has received from the board a license to practice homeopathic medicine without restriction (NRS 630A.310(1)(c)) and without limitation (NRS 630A.320). A homeopathic physician who has been furnished a temporary license by the board may serve as a supervisor of a person who is engaged in the postgraduate training required pursuant to NAC 630A.420, a homeopathic assistant or an advanced practitioner of homeopathic medicine, if the physician holds a valid license issued by another state (NAC 630A.100(2)).

Petition: Declare the legality of treating cancer by an NRS 630A licensee who is not licensed under another NRS 629 Healing Arts Chapter.

Declaratory Order and Advisory Opinion: A homeopathic physician who is actively practicing in Nevada, and who is not licensed under another NRS 629 Healing Arts Chapter, must obtain written informed consent from the person, or the person’s legal representative, when treating cancer patients. The consent must include information informing the person of the risks, benefits, alternatives, whether or not the treatment is experimental, and the basis and rationale for the treatment(s) being used. A homeopathic physician must consult with another provider of health care in cases where the patient’s response to treatment for, and recovery from, cancer are in doubt (NAC 630A.138).

Petition: Declare the legality pertaining to an NRS 630A licensee’s use of CPT (Current Procedural Terminology) and ICD-9 (International Classification of Disease) codes for insurance/billing purposes, when the licensee is not licensed under another NRS 629 Healing Arts Chapter.

Declaratory Order and Advisory Opinion: A licensee who is actively practicing homeopathic medicine in Nevada is a "physician" under NRS 0.040, and may use current procedural terminology (CPT) and/or international classification of disease (ICD-9) codes for insurance/billing purposes. The licensee under NRS 630A has been trained in allopathic terminology, and holds a valid license to practice allopathic medicine or osteopathic medicine in a state, territory, country, the District of Columbia, or a territory of the United States when he is licensed to practice homeopathic medicine in Nevada. Therefore, CPT and ICD-9 codes may be used by a homeopathic physician when used in accordance with NAC 630A.132. A licensed homeopathic physician in Nevada may NOT use codes that refer purely to the practice allopathic medicine, but may use codes that refer to terms in NRS 630A.040, which are defined in NAC 630A.0135, NAC 630A.014, NAC 630A.015, NAC 630A.020, NAC 630A.022, NAC 630A.023, NAC 630A.023, NAC 630A.132(3)(4), and NAC 630A.134.

Petition: Declare the legality that pertains to an NRS 630A licensee’s use of specific references to educational, training and/or postgraduate training credentials, degrees, certifications, etc. from institutions that do not offer academic credit, degrees, or any other form of official recognition of the practice of homeopathy as defined in NRS 630A.040, when the licensee is not licensed under another NRS 629 Healing Arts Chapter.

Declaratory Order and Advisory Opinion: A licensee who is actively practicing homeopathic medicine in Nevada must be in compliance with NRS 630A.350(2)(4), NRS 630A.370(2)(a), and NAC 630A.140(2)(3)(5). References provided by a licensee in patient and/or public educational materials, and in any and all public and private advertising, which pertain to the educational, training and/or postgraduate training credentials, degrees and certifications from institutions that do not offer academic credit, degrees, or any other form of official recognition of the practice, terms, and therapies of homeopathic medicine in NRS 630A.040, which are defined in NAC 630A.0135, NAC 630A.014, NAC 630A.015, NAC 630A.020, NAC 630A.022, NAC 630A.023, NAC 630A.023, NAC 630A.132(3)(4), and NAC 630A.134, are inappropriate. The board declares such action on the part of a licensee to be in violation of NRS 630A.340(1) and NAC 630A.140.

Respectfully,




Janie Greenspun-Gale, President



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