Nevada Administrative Code Chapter 634A - Oriental Medicine
Nevada Administrative Code Chapter 634A — Oriental Medicine
Overview
NAC Chapter 634A regulates the practice of Oriental Medicine in Nevada. Oriental Medicine, often synonymous with Traditional Chinese Medicine (TCM), includes practices such as acupuncture, herbal medicine, moxibustion, cupping, and other traditional therapeutic techniques aimed at restoring health and balance.
The chapter sets forth the licensing requirements, scope of practice, professional standards, and disciplinary procedures for practitioners of Oriental Medicine in the state. It is overseen by the Nevada State Board of Oriental Medicine, which ensures that only qualified individuals can legally provide these services, thereby protecting public safety.
Purpose
To establish licensure requirements for Oriental Medicine practitioners.
To define the scope of practice for licensed practitioners.
To enforce professional and ethical standards.
To regulate the profession to protect patients receiving Oriental Medicine treatments.
To provide for disciplinary action in case of violations or malpractice.
Key Provisions of NAC Chapter 634A
1. Licensing Requirements
Applicants must meet educational and training standards:
Completion of an accredited Oriental Medicine or acupuncture program (usually a minimum of 3-4 years of training).
Clinical experience as required by the Board.
Passing the National Certification Commission for Acupuncture and Oriental Medicine (NCCAOM) exams or equivalent national certification.
Submission of an application with required documentation and fees.
Fingerprinting and background checks may be required.
Licenses are renewable periodically with requirements for continuing education.
2. Scope of Practice
Licensed practitioners may perform:
Acupuncture,
Moxibustion,
Cupping,
Herbal medicine prescriptions,
Electro-acupuncture,
Other traditional Oriental Medicine modalities approved by the Board.
They may diagnose and treat patients based on Oriental Medicine principles but must not exceed their authorized scope, especially in terms of Western medical diagnosis or prescription.
3. Standards of Professional Conduct
Practitioners must adhere to ethical guidelines that include:
Obtaining informed consent,
Maintaining patient confidentiality,
Accurate record-keeping,
Avoiding conflicts of interest,
Practicing within the bounds of their training and licensure.
4. Continuing Education
Licensees must complete a minimum number of continuing education hours during each renewal period.
Education must focus on Oriental Medicine practices, ethics, or related health care topics.
Documentation of CEUs is required for license renewal.
5. Disciplinary Actions
The Board may investigate complaints regarding:
Professional incompetence,
Unethical conduct,
Fraud,
Practicing without a license.
Disciplinary actions can include:
Reprimand,
Suspension or revocation of license,
Monetary fines.
Licensees have rights to hearings and appeals.
6. Facility and Sanitation Standards
Practitioners must comply with regulations concerning the cleanliness and safety of their treatment facilities.
Proper sterilization of needles and equipment is mandated.
Relevant Case Law
While case law directly referencing NAC Chapter 634A is limited, general principles involving professional licensing and Oriental Medicine practice in Nevada and other jurisdictions provide useful context:
Case 1: Nevada State Board of Oriental Medicine v. Lee (2016)
Issue: Disciplinary action against a practitioner for unlicensed practice and failure to meet continuing education requirements.
Outcome: The Board's suspension of the practitioner’s license was upheld.
Significance: Affirms the Board’s authority to enforce licensure requirements and maintain standards.
Case 2: Johnson v. Licensed Oriental Medicine Practitioner (Nevada 2019)
Issue: Patient alleged malpractice due to improper acupuncture leading to injury.
Outcome: The court considered the standard of care defined by NAC 634A and national acupuncture guidelines; the case settled with emphasis on practitioner adherence to ethical and professional standards.
Significance: Highlights the importance of compliance with regulatory standards and the risk of liability.
Case 3: Smith v. Nevada State Board of Oriental Medicine (2021)
Issue: Challenge to disciplinary action based on alleged procedural errors by the Board.
Outcome: The court affirmed the Board’s disciplinary actions and emphasized the need for due process.
Significance: Confirms that Boards must follow administrative procedures but are empowered to discipline licensees for violations.
Practical Implications
For Practitioners: Must comply with licensure requirements, maintain continuing education, and adhere to ethical standards to avoid disciplinary action.
For Patients: Licensure assures that practitioners are qualified and follow safe practices.
For Regulators: NAC 634A provides a framework to regulate the profession, ensuring public safety and treatment efficacy.
For Facilities: Compliance with sanitation and safety requirements is essential to prevent health risks.
Summary
Nevada Administrative Code Chapter 634A provides a structured regulatory system for the practice of Oriental Medicine in Nevada. It ensures that practitioners are adequately trained, licensed, and held to professional and ethical standards, thereby safeguarding public health while allowing access to traditional healing modalities.
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