NRS: CHAPTER 634 - CHIROPRACTIC

[Rev. 1/18/2009 1:31:29 PM]

CHAPTER 634 - CHIROPRACTIC

GENERAL PROVISIONS

NRS 634.010 Definitions.

NRS 634.012 “Board” defined.

NRS 634.013 “Chiropractic” defined.

NRS 634.014 “Chiropractic adjustment” defined.

NRS 634.015 “Gross malpractice” defined.

NRS 634.017 “Malpractice” defined.

NRS 634.0175 “Subluxation complex” defined.

NRS 634.018 “Unprofessional conduct” defined.

NRS 634.019 Legislative declaration.

CHIROPRACTIC PHYSICIANS’ BOARD OF NEVADA

NRS 634.020 Creation; number, appointment and qualifications of members; certain members not to participate in preparation of examination.

NRS 634.023 Term of office; consecutive terms; removal from Board.

NRS 634.025 Compensation of members and employees.

NRS 634.030 Officers; regulations.

NRS 634.040 Meetings: Regular meetings to be held semiannually; emergency meetings may be called by President or members; notice; location.

NRS 634.042 Special meeting of Board: Costs; limitations.

NRS 634.043 Appointment of Executive Director; offices; additional employees; inspection of chiropractic offices.

NRS 634.045 Fiscal year.

NRS 634.050 Deposit and use of money; delegation of authority to take disciplinary action; deposit of fines; claims for attorney’s fees and costs of investigation.

LICENSES AND CERTIFICATES

NRS 634.070 Specifications for examination for license to practice.

NRS 634.080 Applications for examination: Requirements.

NRS 634.090 Licenses: Qualifications of applicants.

NRS 634.093 Submission of fingerprints by applicants.

NRS 634.095 Payment of child support: Submission of certain information by applicant; grounds for denial of license or certificate; duty of Board. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 634.095 Payment of child support: Submission of certain information by applicant; grounds for denial of license or certificate; duty of Board. [Effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

NRS 634.100 Payment of fee for application for license; passing grades; reexamination.

NRS 634.105 Practice by qualified applicant waiting to take examination.

NRS 634.115 Temporary license: Application; conditions; limitations.

NRS 634.120 Licenses: Signatures of Board’s officers; use of term “chiropractic physician”; display of license in licensee’s principal place of business.

NRS 634.121 Licenses: Inactive status; procedure to restore active status.

NRS 634.123 Chiropractor’s assistant: Qualification; certification; supervision.

NRS 634.125 Chiropractor’s assistant: Authorized services.

NRS 634.127 Chiropractor’s assistant: Limitation on number supervised by chiropractor.

NRS 634.129 Duty of chiropractic physician or chiropractor’s assistant to inform Board of address of each office and any changes in location of office.

NRS 634.1295 Duty of chiropractic physician who does not maintain professional liability insurance to provide certain written disclosures; regulations.

NRS 634.130 Renewal of license or certificate; continuing education; suspension and reinstatement.

NRS 634.131 Application for reinstatement of suspended license.

NRS 634.135 Fees.

DISCIPLINARY ACTION

NRS 634.140 Grounds for initiating disciplinary action.

NRS 634.145 Suspension of license or certificate for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license or certificate. [Effective until 2 years after the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 634.160 Filing of written complaint against person practicing chiropractic.

NRS 634.170 Complaint to be considered by President or his designee; notice of hearing; discussion of insufficient complaints by Board.

NRS 634.190 Hearing; authorized disciplinary action; disposition of fines; private reprimands prohibited; orders imposing discipline deemed public records.

NRS 634.193 Disciplinary action by hearing officer or panel: Procedural requirements; powers and duties of officer or panel; appeals.

NRS 634.196 Subpoenas.

NRS 634.200 Judicial review.

NRS 634.204 Application for removal of limitation or restoration of license.

NRS 634.208 Injunction against unlicensed practice.

NRS 634.212 Records: General requirements; certain records relating to applicant or licensee deemed confidential; disclosure to other agencies; notice of disclosure.

NRS 634.214 Records: Certain records relating to investigation deemed confidential; certain records relating to disciplinary action deemed public records.

NRS 634.216 Immunity for person initiating or assisting in lawful investigation.

PROHIBITED ACTS; PENALTIES

NRS 634.220 Construction of chapter.

NRS 634.225 Chiropractor prohibited from piercing or severing body tissue; exception.

NRS 634.227 Unlawful acts; penalties.

NRS 634.230 Penalty.

_________

GENERAL PROVISIONS

NRS 634.010 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 634.012 to 634.018, inclusive, have the meanings ascribed to them in those sections.

[Part 5:23:1923; A 1945, 136; 1949, 655; 1951, 258; 1955, 506] + [Part 11:23:1923; A 1951, 258]—(NRS A 1969, 347; 1971, 356, 2036; 1977, 189; 1981, 593; 1989, 1168)

NRS 634.012 “Board” defined. “Board” means the Chiropractic Physicians’ Board of Nevada.

[Part 5:23:1923; A 1945, 136; 1949, 655; 1951, 258; 1955, 506] + [Part 11:23:1923; A 1951, 258]—(NRS A 1969, 347; 1971, 356, 2036; 1977, 189; 1981, 593; 1997, 818)

NRS 634.013 “Chiropractic” defined. “Chiropractic” is defined to be the science, art and practice of palpating and adjusting the articulations of the human body by hand, the use of physiotherapy, hygienic, nutritive and sanitary measures and all methods of diagnosis.

[Part 5:23:1923; A 1945, 136; 1949, 655; 1951, 258; 1955, 506] + [Part 11:23:1923; A 1951, 258]—(NRS A 1969, 347; 1971, 356, 2036; 1977, 189; 1981, 593)

NRS 634.014 “Chiropractic adjustment” defined. “Chiropractic adjustment” means the application of a precisely controlled force applied by hand or mechanical device to a specific focal point of the anatomy for the sole purpose of creating a specific angular movement in skeletal articulations to eliminate or decrease interference with neural transmission and correct or attempt to correct subluxation complex.

(Added to NRS by 1989, 1168)

NRS 634.015 “Gross malpractice” defined. “Gross malpractice” means malpractice where the failure to exercise the requisite degree of care, diligence or skill consists of ministering to a patient while the chiropractor is under the influence of alcohol or any controlled substance.

(Added to NRS by 1983, 418; A 1987, 1561)

NRS 634.017 “Malpractice” defined. “Malpractice” means failure on the part of a chiropractor to exercise the degree of care, diligence and skill ordinarily exercised by chiropractors in good standing in the community in which he practices.

(Added to NRS by 1983, 418)

NRS 634.0175 “Subluxation complex” defined. “Subluxation complex” means a biomechanical skeletal misalignment or dysfunction in a part of the body which results in aberrant nerve transmission and expression.

(Added to NRS by 1989, 1168)

NRS 634.018 “Unprofessional conduct” defined. “Unprofessional conduct” means:

1. Obtaining a certificate upon fraudulent credentials or gross misrepresentation.

2. Procuring, or aiding or abetting in procuring, criminal abortion.

3. 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.

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 involved in a motor vehicle accident, involved in a work-related accident, 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; or

(b) An examination of the patient by the chiropractic physician taking such action.

[Part 5:23:1923; A 1945, 136; 1949, 655; 1951, 258; 1955, 506] + [Part 11:23:1923; A 1951, 258]—(NRS A 1969, 347; 1971, 356, 2036; 1977, 189; 1981, 593; 1987, 1561; 1993, 328; 1997, 818; 2003, 3444; 2005, 2820)

NRS 634.019 Legislative declaration. The practice of chiropractic is hereby declared to be a learned profession, affecting public safety and welfare and charged with the public interest, and therefore subject to protection and regulation by the State.

(Added to NRS by 1997, 818)

CHIROPRACTIC PHYSICIANS’ BOARD OF NEVADA

NRS 634.020 Creation; number, appointment and qualifications of members; certain members not to participate in preparation of examination.

1. The Chiropractic Physicians’ Board of Nevada, consisting of seven members appointed by the Governor, is hereby created.

2. The Governor shall appoint:

(a) Four members who are:

(1) Graduates of chiropractic schools or colleges giving a course of study embracing the following subjects: Anatomy, bacteriology, chiropractic theory and practice, diagnosis or analysis, elementary chemistry and toxicology, histology, hygiene and sanitation, obstetrics and gynecology, pathology, physiology and symptomatology;

(2) Licensed under this chapter; and

(3) Actually engaged in the practice of chiropractic in this State and who have been so engaged in this State for at least 3 years preceding their appointment.

(b) One member 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.

(c) Two members who are representatives of the general public. A member appointed pursuant to this paragraph must not be:

(1) A chiropractor or a chiropractor’s assistant; or

(2) The spouse or the parent or child, by blood, marriage or adoption, of a chiropractor or a chiropractor’s assistant.

3. At least two of the appointees must have had a course in physiotherapy in a school or college of chiropractic. Not more than two persons who are resident graduates of the same school or college of chiropractic may serve simultaneously as members of the Board.

4. If a member is not licensed under the provisions of this chapter, the member shall not participate in preparing any examination required by the Board.

[Part 1:23:1923; A 1929, 280; 1949, 655; 1943 NCL § 1080]—(NRS A 1969, 348; 1977, 1253; 1983, 420; 1997, 819; 2003, 1193; 2005, 2821)

NRS 634.023 Term of office; consecutive terms; removal from Board.

1. The term of office of each member of the Board is 4 years.

2. No member of the Board may serve more than two consecutive full terms. If a person was appointed to fill an unexpired term of more than 2 years, he shall be deemed to have served a full term.

3. The Governor may remove any member of the Board for good cause.

(Added to NRS by 1993, 327)

NRS 634.025 Compensation of members and employees.

1. Each member of the Board is entitled to receive:

(a) A salary of not more than $150 per day, as fixed by the Board, while engaged in the business of the Board; and

(b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

2. While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

(Added to NRS by 1963, 152; A 1975, 304; 1981, 1992; 1983, 420; 1989, 1698; 2007, 2947)

NRS 634.030 Officers; regulations.

1. The Board shall elect a President, Vice President and a Secretary. The Secretary shall serve also as Treasurer of the Board.

2. The Board shall adopt reasonable regulations for the transaction of business and to enable it to carry out its duties under this chapter.

[Part 1:23:1923; A 1929, 280; 1949, 655; 1943 NCL § 1080]—(NRS A 1963, 83; 1981, 876; 1983, 420)

NRS 634.040 Meetings: Regular meetings to be held semiannually; emergency meetings may be called by President or members; notice; location.

1. The Board shall hold regular meetings to transact business semiannually. Emergency meetings may be called by the President or by any three members.

2. Except in an emergency, written notice of each meeting must be given at least 3 working days before the meeting. The notice must include the time, place, location and agenda of the meeting.

3. Each meeting must be held in this State at a place designated by the President and the Secretary.

[2:23:1923; A 1949, 655; 1951, 258] + [3:23:1923; NCL § 1082]—(NRS A 1963, 83; 1965, 352; 1983, 420; 1987, 1466; 1993, 2639)

NRS 634.042 Special meeting of Board: Costs; limitations.

1. The costs of any special meeting held by the board at the request of an institution, organization, chiropractic physician or an applicant for any license or certificate issued pursuant to the provisions of this chapter must be paid by the person or entity requesting the meeting.

2. A special meeting may not be held pursuant to such a request unless the person or entity requesting the meeting has submitted to the board a deposit of money sufficient to defray the expenses of the meeting.

(Added to NRS by 1993, 328)

NRS 634.043 Appointment of Executive Director; offices; additional employees; inspection of chiropractic offices.

1. The Board shall appoint an Executive Director who serves at the pleasure of the Board and is entitled to receive such compensation as may be fixed by the Board.

2. The Board may:

(a) Maintain offices in as many localities in the State as it finds necessary to carry out the provisions of this chapter.

(b) Employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.

(Added to NRS by 1963, 152; A 1969, 348; 1991, 2081)

NRS 634.045 Fiscal year. The Board shall operate on the basis of a fiscal year commencing on July 1 and terminating on June 30.

(Added to NRS by 1963, 152)

NRS 634.050 Deposit and use of money; delegation of authority to take disciplinary action; deposit of fines; claims for attorney’s fees and costs of investigation.

1. Except as otherwise provided in subsection 3, all money collected by the Board must be deposited in banks, credit unions or savings and loan associations in the State of Nevada, and must be used by the Board to defray its legitimate expenses.

2. The Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in banks, credit unions or savings and loan associations in this State.

3. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2 and the Board deposits the money collected from the imposition of fines with the State Treasurer for credit to the State General Fund, it may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

[12:23:1923; A 1949, 655; 1943 NCL § 1091]—(NRS A 1963, 153; 1965, 61; 1983, 1536; 1999, 1533)

LICENSES AND CERTIFICATES

NRS 634.070 Specifications for examination for license to practice.

1. All applicants for licenses to practice chiropractic in Nevada must pass all examinations prescribed by the Board. Examinations must be held at least semiannually.

2. The examinations may be written, oral, practical, demonstrative, or any combination thereof, as the Board determines to be sufficient, and must include, without limitation, the following subjects:

(a) Chapter 634 of NRS and regulations of the Board;

(b) The technique for taking X rays, including the positioning of the body, and interpretation of X rays;

(d) Clinical competency and case management.

[Part 7:23:1923; A 1929, 280; 1949, 655; 1951, 258; 1955, 506]—(NRS A 1981, 1339; 1991, 2081; 1997, 820)

NRS 634.080 Applications for examination: Requirements.

1. An applicant for examination must file an application not less than 60 days before the date of the examination.

2. An application must be filed with the Secretary of the Board on a form to be furnished by the Secretary.

3. An application must be verified and must state:

(a) When and where the applicant was born, the various places of his residence during the 5 years immediately preceding the making of the application and the address to which he wishes the Board to mail his license.

(b) The name, age and sex of the applicant.

(c) The names and post office addresses of all persons by whom the applicant has been employed for a period of 5 years immediately preceding the making of the application.

(d) Whether or not the applicant has ever applied for a license to practice chiropractic in any other state and, if so, when and where and the results of the application.

(e) Whether the applicant is a citizen of the United States or lawfully entitled to remain and work in the United States.

(f) Whether or not the applicant has ever been admitted to the practice of chiropractic in any other state and, if so, whether any discharge, dismissal, disciplinary or other similar proceedings have ever been instituted against him. Such an applicant must also attach a certificate of the Secretary of the chiropractic board of the state in which the applicant was last licensed, certifying that the applicant is a member in good standing of the chiropractic profession in that state, and that no proceedings affecting his standing as a chiropractor are undisposed of and pending.

(g) The applicant’s general and chiropractic education, including the schools attended and the time of attendance at each school, and whether he is a graduate of any school or schools.

(h) The names of:

(1) Two persons who have known the applicant for at least 3 years; and

(2) A person who is a chiropractor licensed pursuant to the provisions of this chapter or a professor at a school of chiropractic.

(i) All other information required to complete the application.

[Part 7:23:1923; A 1929, 280; 1949, 655; 1951, 258; 1955, 506]—(NRS A 1971, 357; 1983, 421; 1991, 2082; 1993, 329; 1995, 2749; 1997, 2130; 2005, 2728, 2807)

NRS 634.090 Licenses: Qualifications of applicants.

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) 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

(1) Holds certificates which indicate that he has passed parts I, II, 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 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.

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 3.

[Part 7:23:1923; A 1929, 280; 1949, 655; 1951, 258; 1955, 506]—(NRS A 1965, 352; 1971, 562; 1975, 118; 1983, 421; 1991, 2082; 1997, 820; 2001, 5; 2003, 3445)

NRS 634.093 Submission of fingerprints by applicants. Each applicant for a license to practice chiropractic or to practice as a chiropractor’s assistant must submit to the Board a complete set of his fingerprints which the Board may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

(Added to NRS by 2003, 2860)

1. In addition to any other requirements set forth in this chapter:

(a) An applicant for the issuance of a license to practice chiropractic or a certificate to practice as a chiropractor’s assistant shall include the social security number of the applicant in the application submitted to the Board.

(b) An applicant for the issuance or renewal of a license to practice chiropractic or a certificate to practice as a chiropractor’s assistant shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

2. The Board shall include the statement required pursuant to subsection 1 in:

(a) The application or any other forms that must be submitted for the issuance or renewal of the license or certificate; or

(b) A separate form prescribed by the Board.

3. A license to practice chiropractic or a certificate to practice as a chiropractor’s assistant may not be issued or renewed by the Board if the applicant:

(a) Fails to submit the statement required pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

4. If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

(Added to NRS by 1997, 2129; A 2005, 2728, 2807)

1. In addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a license to practice chiropractic or a certificate to practice as a chiropractor’s assistant shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

2. The Board shall include the statement required pursuant to subsection 1 in:

(a) The application or any other forms that must be submitted for the issuance or renewal of the license or certificate; or

(b) A separate form prescribed by the Board.

3. A license to practice chiropractic or a certificate to practice as a chiropractor’s assistant may not be issued or renewed by the Board if the applicant:

(a) Fails to submit the statement required pursuant to subsection 1; or

(Added to NRS by 1997, 2129; A 2005, 2728, 2729, 2807, effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

NRS 634.100 Payment of fee for application for license; passing grades; reexamination.

1. An applicant for a license to practice chiropractic in this State must pay the required fee to the Secretary of the Board not less than 60 days before the date of the examination.

2. Except as otherwise provided in NRS 622.090, a score of 75 percent or higher in all subjects taken on the examination is a passing score.

3. If an applicant fails to pass the first examination, he may take a second examination within 1 year without payment of any additional fees. Except as otherwise provided in NRS 622.090, credit must be given on this examination for all subjects previously passed with a score of 75 percent or higher.

4. An applicant for a certificate as a chiropractor’s assistant must pay the required fee to the Secretary of the Board before the application may be considered.

[Part 7:23:1923; A 1929, 280; 1949, 655; 1951, 258; 1955, 506]—(NRS A 1965, 352; 1969, 348; 1979, 171; 1981, 1150; 1991, 2083; 1993, 330; 1997, 821; 2007, 2948)

NRS 634.105 Practice by qualified applicant waiting to take examination.

1. An applicant for a license to practice chiropractic who has the qualifications prescribed in NRS 634.090 may, while waiting to take the Board’s examination but for no longer than 2 years, perform chiropractic, but not including chiropractic adjustment or manipulation, under the direct supervision of a chiropractor who is professionally and legally responsible for the applicant’s performance.

2. As used in this section, “manipulation” means an application of a resistive movement by applying a nonspecific force, without the use of a thrust, which is directed into a region and not into a focal point of the anatomy.

(Added to NRS by 1981, 1339; A 1989, 1168)

NRS 634.115 Temporary license: Application; conditions; limitations.

1. Except as otherwise provided in subsections 4 and 5, upon application, payment of the required fee and the approval of its Secretary and President, the Board may, without examination, grant a temporary license to practice chiropractic in this State to a person who holds a corresponding license or certificate in another jurisdiction which is in good standing and who actively practices chiropractic in that jurisdiction. A temporary license may be issued for the limited purpose of authorizing the holder thereof to treat patients in this State.

2. Except as otherwise provided in this subsection, an applicant for a temporary license must file an application with the Secretary of the Board not less than 30 days before the applicant intends to practice chiropractic in this State. Upon the request of an applicant, the President or Secretary may, for good cause, authorize the applicant to file his application fewer than 30 days before he intends to practice chiropractic in this State.

3. An application for a temporary license must be accompanied by a fee of $50 and include:

(a) The applicant’s name, the address of his primary place of practice and his telephone number;

(b) A current photograph of the applicant measuring 2 by 2 inches;

(c) The name of the chiropractic school or college from which the applicant graduated and the date of his graduation; and

(d) The number of the applicant’s license to practice chiropractic in another jurisdiction.

4. A temporary license is valid for the 10-day period designated on the license and is not renewable.

5. The Board may not grant more than two temporary licenses to an applicant during any calendar year.

(Added to NRS by 1993, 327; A 2001, 6)

NRS 634.120 Licenses: Signatures of Board’s officers; use of term “chiropractic physician”; display of license in licensee’s principal place of business.

1. All licenses must be signed by the President and the Secretary and be attested by the official seal of the Board. The required fee must be collected before a license to practice chiropractic is delivered.

2. A license to practice chiropractic authorizes the licensee to use the term “chiropractic physician.”

3. A license to practice chiropractic must be displayed prominently at the licensee’s principal place of practice.

[Part 8:23:1923; A 1951, 258] + [8.5:23:1923; added 1955, 506]—(NRS A 1969, 349; 1975, 642; 1979, 958; 1981, 1340; 1993, 330)

NRS 634.121 Licenses: Inactive status; procedure to restore active status.

1. Any person who holds a license to practice chiropractic in this State but who does not maintain an active practice in this State may maintain his license on inactive status by notifying the Board and paying the required fee.

2. An applicant to have an inactive license restored to active status must:

(a) Submit satisfactory evidence to the Board that he has maintained an active practice in another state, territory or country within the preceding 5 years;

(b) Submit satisfactory evidence to the Board from all other licensing agencies from whom he has a license that he is in good standing and has no legal actions pending against him;

(c) Submit satisfactory evidence to the Board that he has participated in a program of continuing education in accordance with NRS 634.130 for the year in which he seeks to go on active status; and

(d) Pay the required fee.

3. If any of the conditions of paragraphs (a) to (d), inclusive, of subsection 2 are not met by an applicant for active status, the Board shall hold a hearing to determine the applicant’s professional competency and fitness and may require the applicant to pass the National Special Purposes Examination for Chiropractic prepared by the National Board of Chiropractic Examiners before placing the license on active status.

(Added to NRS by 1987, 818; A 1993, 331; 1995, 2750)

NRS 634.123 Chiropractor’s assistant: Qualification; certification; supervision.

1. The Board may issue a certificate to a properly qualified applicant to perform ancillary services relating to chiropractic, other than chiropractic adjustment, under the supervision of a chiropractor. The Board shall specify the formal training, including at least 12 months of study or the equivalent, which such an applicant must have completed before the Board awards him a certificate as a chiropractor’s assistant.

2. An application for the issuance of a certificate as a chiropractor’s assistant must include all information required to complete the application.

(Added to NRS by 1981, 1150; A 1997, 2131; 2005, 2730, 2807)

NRS 634.125 Chiropractor’s assistant: Authorized services. A chiropractor’s assistant may perform such ancillary services relating to chiropractic as he is authorized to perform under the terms of a certificate issued to him by the Board. Those services must be rendered under the supervision and control of a chiropractor.

(Added to NRS by 1981, 1150)

NRS 634.127 Chiropractor’s assistant: Limitation on number supervised by chiropractor. No chiropractor may supervise more than four chiropractor’s assistants at the same time.

(Added to NRS by 1981, 1150; A 1991, 2084; 2001, 6)

NRS 634.129 Duty of chiropractic physician or chiropractor’s assistant to inform Board of address of each office and any changes in location of office.

1. Each chiropractic physician or chiropractor’s assistant licensed by the Board shall:

(a) File with the Board the address of each office where he practices; and

(b) Notify the Board, in writing, of a change in the location of any of those offices within 15 days after the change.

2. If the licensee does not have an office for his practice, he shall provide the Board with the address of his principal residence.

(Added to NRS by 1991, 2081)

NRS 634.1295 Duty of chiropractic physician who does not maintain professional liability insurance to provide certain written disclosures; regulations.

1. If a person practices chiropractic in this State without maintaining professional liability insurance, the person shall:

(a) Post in a conspicuous place in each location at which the person practices chiropractic under his license a written disclosure which discloses to patients that the person does not maintain professional liability insurance; or

(b) Before providing any chiropractic treatment or care to a patient, give the patient a written disclosure which discloses to the patient that the person does not maintain professional liability insurance. The written disclosure may be included with other written information given to the patient.

2. The Board:

(a) Shall adopt regulations prescribing the form, size, contents and placement of the written disclosures required by this section; and

(b) May adopt any other regulations that are necessary to carry out the provisions of this section.

(Added to NRS by 2005, 2820)

NRS 634.130 Renewal of license or certificate; continuing education; suspension and reinstatement.

1. Licenses and certificates must be renewed biennially. 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 all information required to complete the renewal, be granted a renewal certificate which authorizes him to continue to practice for 2 years.

2. The renewal fee must be paid and all information required to complete the renewal must be submitted to the Board on or before January 1 of each odd-numbered year.

3. Except as otherwise provided in subsection 4, a licensee in active practice within this State must submit satisfactory proof to the Board that, during the 24 months immediately preceding the renewal date of his license, he has attended at least 36 hours of continuing education which is approved or endorsed 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 24 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 first odd-numbered 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 of an odd-numbered year;

(b) Submit proof of continuing education pursuant to subsection 3;

(d) Submit all information required to complete the renewal,

Ê his license is automatically suspended and, except as otherwise provided in NRS 634.131, may be reinstated only upon the payment, by January 1 of the even-numbered year following the year in which the license was suspended, 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 of an odd-numbered year;

(b) Notify the Board of a change in the location of his office pursuant to NRS 634.129; or

Ê 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.

[Part 8:23:1923; A 1951, 258]—(NRS A 1963, 279; 1969, 349; 1971, 358; 1975, 642; 1977, 965; 1981, 1340; 1983, 422; 1991, 2084; 1993, 331; 1995, 2750; 1997, 821, 2131; 2003, 3446; 2005, 2730, 2807, 2817; 2007, 2935)

NRS 634.131 Application for reinstatement of suspended license.

1. If a license has been automatically suspended pursuant to the provisions of subsection 5 of NRS 634.130 and not reinstated pursuant to the provisions of that subsection, the person who held the license may apply to the Board to have the license reinstated to active status.

2. An applicant to have a suspended license reinstated to active status pursuant to subsection 1 must:

(a) Either:

(1) Submit satisfactory evidence to the Board:

(I) That he has maintained an active practice in another state, territory or country within the preceding 5 years;

(II) From all other licensing agencies which have issued him a license that he is in good standing and has no legal actions pending against him; and

(III) That he has participated in a program of continuing education in accordance with NRS 634.130 for the year in which he seeks to be reinstated to active status; or

(2) Score 75 percent or higher on an examination prescribed by the Board on the provisions of this chapter and the regulations adopted by the Board; and

(b) Pay:

(1) The fee for the biennial renewal of a license to practice chiropractic; and

(2) The fee for reinstating a license to practice chiropractic which has been suspended or revoked.

3. If any of the requirements set forth in subsection 2 are not met by an applicant for the reinstatement of a suspended license to active status, the Board, before reinstating the license of the applicant to active status:

(a) Must hold a hearing to determine the professional competency and fitness of the applicant; and

(b) May require the applicant to:

(1) Pass the Special Purposes Examination for Chiropractic prepared by the National Board of Chiropractic Examiners; and

(2) Satisfy any additional requirements that the Board deems to be necessary.

(Added to NRS by 2007, 2934)

NRS 634.135 Fees.

1. The Board may charge and collect fees not to exceed:

For an application for a license to practice chiropractic......................... $200.00

For an examination for a license to practice chiropractic......................... 200.00

For an application for, and the issuance of, a certificate as a chiropractor’s assistant 100.00

For an examination for a certificate as a chiropractor’s assistant.......... 100.00

For the issuance of a license to practice chiropractic................................. 300.00

For the biennial renewal of a license to practice chiropractic................ 1,000.00

For the biennial renewal of an inactive license to practice chiropractic. 300.00

For the biennial renewal of a certificate as a chiropractor’s assistant.... 200.00

For the restoration to active status of an inactive license to practice chiropractic 300.00

For reinstating a license to practice chiropractic which has been suspended or revoked 500.00

For reinstating a certificate as a chiropractor’s assistant which has been suspended pursuant to NRS 634.130 100.00

For a review of any subject on the examination........................................... 25.00

For the issuance of a duplicate license or for changing the name on a license 35.00

For written verification of licensure or issuance of a certificate of good standing 25.00

For providing a list of persons who are licensed to practice chiropractic to a person who is not licensed to practice chiropractic.................................................................................................... 25.00

For providing a list of persons who were licensed to practice chiropractic following the most recent examination of the Board to a person who is not licensed to practice chiropractic............ 10.00

For a set of mailing labels containing the names and addresses of the persons who are licensed to practice chiropractic in this State......................................................................................................... 35.00

For providing a copy of the statutes, regulations and other rules governing the practice of chiropractic in this State to a person who is not licensed to practice chiropractic................................ 25.00

For each page of a list of continuing education courses that have been approved by the Board .50

For an application to a preceptor program offered by the Board to graduates of chiropractic schools or colleges......................................................................................................................... 35.00

For a review by the Board of a course offered by a chiropractic school or college or a course of continuing education in chiropractic.................................................................................................... 25.00

2. In addition to the fees set forth in subsection 1, the Board may charge and collect reasonable and necessary fees for the expedited processing of a request or for any other incidental service it provides.

3. For a check or other method of payment made payable to the Board or tendered to the Board that is returned to the Board or otherwise dishonored upon presentation for payment, the Board shall assess and collect a fee in the amount established by the State Controller pursuant to NRS 353C.115.

(Added to NRS by 1993, 327; A 1995, 2751; 2003, 20th Special Session, 219; 2005, 591, 2822; 2007, 2936, 2948)

DISCIPLINARY ACTION

NRS 634.140 Grounds for initiating disciplinary action. The grounds for initiating disciplinary action pursuant to this chapter are:

1. Unprofessional conduct.

2. Conviction of:

(a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

(b) A felony relating to the practice of chiropractic;

(d) Any offense involving moral turpitude.

3. Suspension or revocation of the license to practice chiropractic by any other jurisdiction.

4. Gross or repeated malpractice.

5. Referring, in violation of NRS 439B.425, a patient to a health facility, medical laboratory or commercial establishment in which the licensee has a financial interest.

[Part 11:23:1923; A 1951, 258]—(NRS A 1971, 2037; 1983, 422; 1987, 1562; 1991, 2439; 1993, 787, 2597; 2003, 2710)

1. If the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license to practice chiropractic or a certificate to practice as a chiropractor’s assistant, the Board shall deem the license or certificate issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Board receives a letter issued to the holder of the license or certificate by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license or certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

2. The Board shall reinstate a license to practice chiropractic or a certificate to practice as a chiropractor’s assistant that has been suspended by a district court pursuant to NRS 425.540 if:

(a) The Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license or certificate was suspended stating that the person whose license or certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560; and

(b) The person whose license or certificate was suspended pays the fee prescribed by the Board pursuant to NRS 634.135 for the reinstatement of a suspended license or certificate.

(Added to NRS by 1997, 2130; A 2005, 2807)

NRS 634.160 Filing of written complaint against person practicing chiropractic. The Board or any of its members who become aware that any one or a combination of the grounds for initiating disciplinary action may exist as to a person practicing chiropractic in this State shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the Executive Director of the Board.

[Part 11:23:1923; A 1951, 258]—(NRS A 1983, 423; 1991, 2084)

NRS 634.170 Complaint to be considered by President or his designee; notice of hearing; discussion of insufficient complaints by Board.

1. When a complaint is filed with the Executive Director of the Board, it must be considered by the President or a member of the Board designated by him. If, from the complaint or from other official records, it appears that the complaint may be well founded in fact, the Executive Director shall cause written notice of the charges in the complaint to be served upon the person charged at least 20 days before the date fixed for the hearing. If the Board receives a report pursuant to subsection 5 of NRS 228.420, a hearing must be held within 30 days after receiving the report.

2. If the complaint is not deemed by the President or designated member of the Board to be of sufficient import or sufficiently well founded to merit bringing proceedings against the person charged, the complaint must be held in abeyance and discussed at the next meeting of the Board.

[Part 11:23:1923; A 1951, 258]—(NRS A 1983, 423; 1991, 2084; 1993, 788)

NRS 634.190 Hearing; authorized disciplinary action; disposition of fines; private reprimands prohibited; orders imposing discipline deemed public records.

1. The person charged is entitled to a hearing before the Board, but the failure of the person charged to attend his hearing or his failure to defend himself does not delay or void the proceedings. The Board may, for good cause shown, continue any hearing from time to time.

2. If the Board finds the person guilty as charged in the complaint, it may by order:

(a) Place the person on probation for a specified period or until further order of the Board.

(b) Administer to the person a public reprimand.

(d) Suspend the license of the person to practice chiropractic for a specified period or until further order of the Board.

(e) Revoke the license of the person to practice chiropractic.

(f) Impose a fine of not more than $10,000, which must be deposited with the State Treasurer for credit to the State General Fund.

Ê The order of the Board may contain such other terms, provisions or conditions as the Board deems proper and which are not inconsistent with law.

3. If the Board finds that a licensee has violated the provisions of NRS 439B.425, the Board shall suspend his license for a specified period or until further order of the Board.

4. The Board shall not administer a private reprimand.

5. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

[Part 11:23:1923; A 1951, 258]—(NRS A 1975, 193; 1979, 959; 1983, 424; 1991, 2439; 1993, 886, 2598; 2003, 3447)

NRS 634.193 Disciplinary action by hearing officer or panel: Procedural requirements; powers and duties of officer or panel; appeals.

1. Any disciplinary action taken by a hearing officer or panel pursuant to NRS 634.050 is subject to the same procedural requirements which apply to disciplinary actions taken by the Board, and the officer or panel has those powers and duties given to the Board in relation thereto.

2. A decision of the hearing officer or panel relating to the imposition of a fine is a final decision in a contested case. Any party aggrieved by a decision of the officer or panel to place a licensee on probation or revoke or suspend a license may appeal that decision to the Board.

(Added to NRS by 1983, 1536)

NRS 634.196 Subpoenas.

1. For the purposes of this chapter, the Secretary or President of the Board may issue subpoenas to compel the attendance of witnesses and the production of books and papers.

2. If any witness refuses to attend or testify or produce any books and papers as required by the subpoena, the Secretary or President of the Board may report to the district court by petition, setting forth that:

(a) Due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

(b) The witness has been subpoenaed by the Board pursuant to this section; and

(c) The witness has failed or refused to attend or produce the books and papers required by the subpoena before the Board which is named in the subpoena, or has refused to answer questions propounded to him, and asking for an order of the court compelling the witness to attend and testify or produce the books and papers before the Board.

3. Upon such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days from the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers before the Board. A certified copy of the order must be served upon the witness.

4. If it appears to the court that the subpoena was regularly issued by the Board, the court shall enter an order that the witness appear before the Board at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness must be dealt with as for contempt of court.

(Added to NRS by 1983, 418)

NRS 634.200 Judicial review.

1. Any person who has been placed on probation or whose license has been limited, suspended or revoked by the Board is entitled to judicial review of the Board’s order.

2. The district court shall give a petition for judicial review of the Board’s order priority over other civil matters which are not expressly given that priority by law.

[Part 11:23:1923; A 1951, 258]—(NRS A 1977, 90; 1983, 424; 1989, 1658; 2007, 2937)

NRS 634.204 Application for removal of limitation or restoration of license.

1. Any person:

(a) Whose practice of chiropractic has been limited; or

(b) Whose license to practice chiropractic has been suspended until further order or revoked,

Ê by an order of the Board may apply to the Board after a reasonable period for removal of the limitation or restoration of his license.

2. In hearing the application, the Board:

(a) May require the person to submit to a mental or physical examination by physicians or other appropriate persons whom it designates and submit such other evidence of changed conditions and of fitness as it deems proper;

(b) Shall determine whether under all the circumstances the time of the application is reasonable; and

(Added to NRS by 1983, 419)

NRS 634.208 Injunction against unlicensed practice.

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.

(Added to NRS by 1983, 419; A 1989, 1169; 2003, 3447)

NRS 634.212 Records: General requirements; certain records relating to applicant or licensee deemed confidential; disclosure to other agencies; notice of disclosure.

1. The Board shall keep a record of its proceedings relating to licensing and disciplinary actions. Except as otherwise provided in NRS 634.214, the records must be open to public inspection at all reasonable times and must contain the name, known place of business and residence, and the date and number of the license of every chiropractor licensed under this chapter. The Board may keep such other records as it deems desirable.

2. Except as otherwise provided in this subsection and NRS 239.0115, all information pertaining to the personal background, medical history or financial affairs of an applicant or licensee which the Board requires to be furnished to it under this chapter, or which it otherwise obtains, is confidential and may be disclosed in whole or in part only as necessary in the course of administering this chapter or upon the order of a court of competent jurisdiction. The Board may, under procedures established by regulation, permit the disclosure of this information to any agent of the Federal Government, of another state or of any political subdivision of this State who is authorized to receive it.

3. Notice of the disclosure and the contents of the information disclosed pursuant to subsection 2 must be given to the applicant or licensee who is the subject of that information.

(Added to NRS by 1983, 419; A 2003, 3448; 2007, 2137)

NRS 634.214 Records: Certain records relating to investigation deemed confidential; certain records relating to disciplinary action deemed public records.

1. Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of the investigation conducted to determine whether to initiate disciplinary action are confidential and may be disclosed in whole or in part only as necessary in the course of administering this chapter or to a licensing board or agency or any other governmental agency, including, without limitation, a law enforcement agency, that is investigating a person who is licensed pursuant to the provisions of this chapter.

2. The complaint or other document filed by the Board to initiate disciplinary action and all documents and information considered by the Board when determining whether to impose discipline are public records.

(Added to NRS by 2003, 3444; A 2005, 2823; 2007, 2138)

NRS 634.216 Immunity for person initiating or assisting in lawful investigation. The Board or any person who or other organization which initiates or assists in any lawful investigation or proceeding concerning the discipline of a chiropractor for gross malpractice, repeated malpractice or unprofessional conduct is immune from any civil action for that initiation or assistance or any consequential damages, if the person or organization acted without malicious intent.

(Added to NRS by 1983, 419)

PROHIBITED ACTS; PENALTIES

NRS 634.220 Construction of chapter. Nothing in this chapter shall be construed to permit a chiropractor to practice medicine, osteopathic medicine, dentistry, optometry or podiatry, or to administer or prescribe drugs.

[Part 5:23:1923; A 1945, 136; 1949, 655; 1951, 258; 1955, 506]—(NRS A 1969, 349, 905; 1977, 965)

NRS 634.225 Chiropractor prohibited from piercing or severing body tissue; exception. A chiropractor shall not pierce or sever any body tissue, except to draw blood for diagnostic purposes.

(Added to NRS by 1969, 349)

NRS 634.227 Unlawful acts; penalties.

1. A person who:

(a) Presents to the Board as his own the diploma, license or credentials of another;

(b) Gives false or forged evidence of any kind to the Board; or

Ê is guilty of a misdemeanor.

2. Except as otherwise provided in NRS 634.105, a person who does not hold a license issued pursuant to this chapter and:

(a) Practices chiropractic in this State;

(b) Holds himself out as a chiropractor;

(c) Uses any combination, variation or abbreviation of the terms “chiropractor,” “chiropractic” or “chiropractic physician” as a professional or commercial representation; or

(d) Uses any means which directly or indirectly conveys to another person the impression that he is qualified or licensed to practice chiropractic,

Ê is guilty of a category D felony and shall be punished as provided in NRS 193.130.

[Part 6:23:1923; NCL § 1085]—(NRS A 1975, 369; 1981, 876, 1339; 1987, 1466; 1995, 1311)

NRS 634.230 Penalty. Except as provided in NRS 634.227, any person violating any of the provisions of this chapter shall be guilty of a misdemeanor.

[13:23:1923; NCL § 1092]—(NRS A 1967, 642; 1975, 369)