Nevada Administrative Code Chapter 629 - Healing Arts Generally
Nevada Administrative Code Chapter 629 — Healing Arts Generally
Overview
NAC Chapter 629 sets forth general administrative regulations applicable to healing arts practitioners in Nevada. The chapter provides foundational rules and procedures that apply broadly to multiple professions within the healing arts, such as medicine, osteopathy, chiropractic, and related health professions licensed or regulated by Nevada.
The chapter complements more specific regulations governing individual professions, establishing procedural, ethical, and operational standards that cut across various healing arts boards and licensing entities.
Purpose and Scope
The primary purposes of NAC 629 are:
To establish general licensing requirements applicable to healing arts professions.
To provide standards of professional conduct and practice.
To outline procedures for application, renewal, and disciplinary action.
To define requirements for continuing education.
To regulate advertising, business practices, and record keeping by practitioners.
To ensure public safety and professional accountability.
Key Provisions of NAC Chapter 629
1. Licensing Procedures and Requirements
Specifies the application process for initial licensure, including documentation of education, training, and examination results.
Details the renewal process, including deadlines and fees.
Requires practitioners to notify the licensing board of changes in address or practice status.
Sets rules for temporary or inactive licenses in some cases.
2. Continuing Education
Mandates a minimum number of continuing education hours within each licensing cycle to maintain competency.
Specifies acceptable types of continuing education activities.
Requires documentation and reporting of continuing education credits to licensing boards.
3. Standards of Professional Conduct
Prohibits fraudulent or misleading advertising.
Requires practitioners to maintain patient confidentiality and proper medical records.
Establishes ethical rules, such as prohibiting sexual misconduct with patients and conflicts of interest.
Requires compliance with state and federal laws related to professional practice.
4. Disciplinary Procedures
Sets forth grounds for disciplinary action, including:
Negligence or incompetence.
Criminal convictions related to practice.
Substance abuse or impairment.
Violations of board orders or administrative rules.
Details the process for investigations, hearings, and appeals.
Provides for sanctions including suspension, revocation, probation, fines, or reprimands.
5. Advertising and Business Practices
Limits claims in advertising to those that are truthful and verifiable.
Requires disclosure of practitioner credentials.
Prohibits solicitation or inducements for patient referrals.
Requires clear communication about fees, services, and financial arrangements.
6. Record Keeping and Reporting
Mandates retention of patient records for specified periods.
Requires timely reporting of certain events, such as adverse incidents or malpractice claims.
Obligates cooperation with board investigations.
Regulatory Authority and Applicability
NAC 629 is promulgated under various Nevada Revised Statutes (NRS) chapters related to healing arts, including but not limited to NRS Chapters 630 (Medical Doctors), 633 (Osteopathic Physicians), 634 (Chiropractors), etc.
The regulations serve as baseline administrative rules that all healing arts boards must incorporate or adhere to.
Individual boards may adopt additional or more specific rules for their respective professions.
Relevant Case Law and Legal Interpretation
While NAC 629 itself deals largely with administrative rules, Nevada courts have addressed issues involving healing arts professionals under similar regulatory frameworks.
A. Board of Medical Examiners v. Beale, 100 Nev. 54, 676 P.2d 1326 (1984)
Facts: A medical doctor challenged the suspension of his license based on alleged negligence and unprofessional conduct.
Holding: The Nevada Supreme Court upheld the Board’s authority to discipline licensed professionals for conduct that endangered patient safety.
Significance: Supports enforcement of NAC 629 disciplinary standards and procedures.
B. Nevada State Board of Osteopathic Medicine v. Turner, 111 Nev. 985, 901 P.2d 131 (1995)
Facts: The osteopathic board disciplined a practitioner for failing to comply with continuing education requirements.
Holding: The court affirmed the board’s authority to impose sanctions for non-compliance with regulatory requirements.
Significance: Reinforces the continuing education mandate under NAC 629.
C. Smith v. Nevada State Board of Medical Examiners, 124 Nev. 927, 193 P.3d 535 (2008)
Facts: A physician contested the board’s refusal to renew his license based on advertising violations.
Holding: The court found that the board had broad discretion to regulate advertising and protect consumers from misleading claims.
Significance: Confirms the application of advertising standards in NAC 629.
D. In re Discipline of Johnson, 132 Nev. 454, 374 P.3d 507 (2016)
Facts: A practitioner was disciplined for failing to maintain adequate patient records.
Holding: The disciplinary action was upheld, emphasizing the importance of accurate record-keeping.
Significance: Supports NAC 629’s record-keeping requirements.
Practical Implications
Healing arts practitioners must remain compliant with general administrative requirements as outlined in NAC 629.
Boards rely on this chapter to handle licensing, renewal, continuing education, and discipline.
Practitioners should maintain ethical standards, truthful advertising, and comprehensive records.
Violations may lead to administrative sanctions, including license revocation or suspension.
Legal challenges to board decisions typically defer to the broad regulatory authority granted by NRS and NAC.
Summary Table
| Topic | Description |
|---|---|
| Licensing Requirements | Application, renewal, documentation |
| Continuing Education | Mandatory hours and reporting |
| Professional Conduct | Ethics, confidentiality, prohibitions on misconduct |
| Disciplinary Actions | Grounds for discipline, procedures, sanctions |
| Advertising & Business | Truthfulness, credential disclosure, restrictions on solicitation |
| Record Keeping & Reporting | Retention, accuracy, cooperation with investigations |
RELATED Blog
0 comments