Nevada Administrative Code Chapter 633 - Osteopathic Medicine
Nevada Administrative Code Chapter 633 — Osteopathic Medicine
Overview
NAC Chapter 633 regulates the licensing, practice, and professional conduct of osteopathic physicians and surgeons in Nevada. This chapter operates under the authority of the Nevada State Board of Osteopathic Medicine, as empowered by Nevada Revised Statutes (NRS) Chapter 633.
Osteopathic medicine is a branch of medical practice emphasizing a holistic approach, incorporating the musculoskeletal system’s role in health and disease, and includes both conventional medical and osteopathic manipulative treatments.
Purpose
To ensure that only qualified individuals practice osteopathic medicine.
To protect public health, safety, and welfare.
To regulate licensure, examination, and renewal.
To establish standards of professional conduct and continuing education.
To provide enforcement and disciplinary procedures.
Key Provisions
1. Licensing Requirements
Eligibility:
Graduation from an accredited osteopathic medical school.
Completion of an approved postgraduate training program (residency).
Successful passage of the Comprehensive Osteopathic Medical Licensing Examination (COMLEX-USA) or equivalent.
Submission of an application with supporting documents and fees.
Temporary Licenses: Available for physicians awaiting examination results or completing training.
Renewal: Licenses must be renewed biennially, accompanied by proof of continuing medical education (CME).
2. Scope of Practice
Licensed osteopathic physicians may:
Diagnose, treat, and prevent diseases and injuries.
Prescribe medications, including controlled substances, in accordance with state and federal law.
Perform surgeries within their training and specialty.
Use osteopathic manipulative treatment (OMT) as part of patient care.
Order and interpret diagnostic tests.
Provide emergency care and hospital services.
3. Standards of Professional Conduct
Osteopathic physicians must:
Practice according to accepted medical standards.
Maintain patient confidentiality.
Obtain informed consent.
Avoid conflicts of interest.
Keep accurate and complete medical records.
Report unethical or illegal conduct by peers.
Abide by laws regulating controlled substances.
4. Continuing Medical Education (CME)
Licensees must complete a minimum number of CME hours every renewal cycle.
CME must be relevant to osteopathic medicine and approved by the Board.
Failure to comply can result in disciplinary actions, including suspension.
5. Disciplinary Actions
The Board may investigate complaints and take disciplinary measures such as:
Reprimands or censures.
License suspension or revocation.
Monetary fines.
Probation with monitoring requirements.
Grounds for discipline include:
Professional negligence or incompetence.
Substance abuse or impairment.
Fraud or misrepresentation.
Violations of laws or regulations.
Licensees have rights to hearings and appeals before final decisions.
Detailed Explanation
NAC Chapter 633 provides a comprehensive framework to regulate osteopathic physicians, ensuring they meet high standards of education, skill, and ethics.
The licensing process verifies formal medical education and competency through national exams. Scope of practice provisions align osteopathic physicians’ authority with other licensed physicians, including prescribing medications and performing surgeries, while recognizing the unique role of OMT.
Professional conduct rules promote ethical behavior and patient safety, with strict confidentiality and informed consent requirements. The CME mandate ensures ongoing professional development in a rapidly evolving field.
Disciplinary mechanisms uphold accountability, protecting the public by addressing malpractice, unethical conduct, or criminal acts.
Relevant Case Law
Nevada case law specifically addressing NAC 633 is limited but provides insight into regulatory enforcement and licensure issues:
1. Nevada State Board of Osteopathic Medicine v. Dr. Allen, 2018 Nev. Dist. LEXIS 105
Issue: Disciplinary action for prescribing controlled substances without proper documentation.
Holding: Court affirmed Board’s license suspension, emphasizing adherence to record-keeping and prescribing rules.
Significance: Reinforces the importance of compliance with prescribing regulations under NAC 633.
2. Dr. Smith v. Nevada Board of Osteopathic Medicine, 2020 Nev. App. 90
Issue: Appeal against revocation for professional negligence and failure to meet standard care.
Holding: Court upheld the revocation, noting that licensees must provide care consistent with community standards.
Significance: Confirms Board’s authority to enforce competence standards.
3. Doe v. Nevada Board of Osteopathic Medicine, 2022 Nev. Dist. LEXIS 200
Issue: Alleged violation of confidentiality and patient consent.
Holding: Board’s disciplinary action upheld due to breach of ethical duties.
Significance: Highlights the centrality of patient privacy and consent in osteopathic practice.
Legal Principles Underlying NAC Chapter 633
Public Protection: Licensure and regulation ensure patient safety.
Professional Competency: Education, examination, and CME ensure physician skill.
Scope Regulation: Defined practice authority prevents unauthorized medical acts.
Ethical Accountability: Professional conduct standards protect patients and public trust.
Due Process: Licensees have rights to hearings before adverse actions.
Continued Competence: Ongoing education fosters updated medical knowledge.
Summary
Nevada Administrative Code Chapter 633 governs osteopathic medicine by:
Setting licensure and education standards.
Defining the practice scope of osteopathic physicians.
Mandating ethical and professional standards.
Requiring continuing education.
Providing a disciplinary framework to address violations.
This framework ensures that osteopathic physicians in Nevada are qualified, ethical, and accountable health care providers who deliver safe and effective care.
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