Nevada 2019 Regular Session Status: Enacted

SB 355 — Revises provisions relating to Oriental medicine. (BDR 54-856)

Last action — Approved by the Governor. Chapter 281.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 18, 2019. Enacted.

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Advancing 50% · moderate confidence

Where this bill stands today.

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High

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  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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Summary

AN ACT relating to Oriental medicine; revising provisions governing the duties and powers of the State Board of Oriental Medicine; revising provisions governing the scope of practice and licensing of doctors of Oriental medicine; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

319 added · 343 removed

319 line(s) added, 343 removed.

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(Reprinted with amendments adopted on May 23, 2019) THIRD REPRINT S.B.
Senate Bill No.
355 SENATE BILLN O .
355–Senator Parks CHAPTER..........
355–SENATOR PARKS M ARCH 18, 2019 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to Oriental medicine.
(BDR 54-856) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
LegExisting law sets forth provisions governing the licensure and regulation of doctors of Oriental medicine.
Legislative Counsel’s Digest:
(Chapter 634A of NRS) Section 3 of this bill provides that the practice of Oriental medicine specifically includes dry needling as well as moxibustion.
Existing law sets forth provisions governing the licensure and regulation of provides that the practice of Oriental medicine specifically includes dry needling as well as moxibustion.
Section 2 of this bill authorizes the State Board of Oriental Medicine to issue an endorsement to practice acupuncture point injection therapy to a doctor of eliminates the requirement in existing law that an applicant for the issuance or renewal of a license to practice Oriental medicine attest to knowledge of and compliance with certain guidelines of the Centers for Disease Control and Prevention concerning the prevention of transmission of infectious agents through safe and appropriate injection practices.
Section 2 of this bill authorizes the State Board of Oriental Medicine to issue an endorsement to practice acupuncture point injection therapy to a doctor of Oriental medicine who meets certain requirements.
Section 14.5 of this bill eliminates the requirement in existing law that an applicant for the issuance or renewal of a license to practice Oriental medicine attest to knowledge of and compliance with certain guidelines of the Centers for Disease Control and Prevention concerning the prevention of transmission of infectious agents through safe and appropriate injection practices.
and (2) requires that accreditation from the Accreditation Commission for Acupuncture and Orientaltatus for Medicine or its successor organization and hold a current license issued by the - *SB355_R3* – 2 – conforming change.secondary Education.
and (2) requires that the school or college be accredited by or have received at least candidacy status for accreditation from the Accreditation Commission for Acupuncture and Oriental Medicine or its successor organization and hold a current license issued by the Commission on Postsecondary Education.
Section 4 of this bill makes a Existing law requires an applicant for a license to practice as a doctor of Oriental medicine to:
Section 4 of this bill makes a confExisting law requires an applicant for a license to practice as a doctor of Oriental medicine to:
(NRS 634A.120, 634A.140) Section 8 administered by the National Certification Commission for Acupuncture and and Oriental Medicine or its successor organization for certification in Oriental medicine.
(NRS 634A.120, 634A.140) Section 8 of this bill requires such an applicant to pass each examination required and administered by the National Certification Commission for Acupuncture and Oriental Medicine or its successor organization for certification in Oriental medicine.
Sections 10 and 11 of this bill consolidate the requirements relating to the renewal of a license.
- 80th Session (2019) – 2 – renewal of a license.
of this bill consolidate the requirements relating to the EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
A doctor of Oriental medicine licensed pursuant to this chapter may apply to the Board for an endorsement to practice acupuncture point injection therapy.
A doctor of Oriental medicine licensed pursuant to this acupuncture point injection therapy.
A licensee who is issued an endorsement to practice acupuncture point injection therapy may only inject substances for which the licensee has received training which may include, - *SB355_R3* – 3 – without limitation, nutritional, homeopathic and herbal substances.
A licensee who is issued an endorsement to practice acupuncture point injection therapy may only inject substances for which the licensee has received training which may include, without limitation, nutritional, homeopathic and herbal substances.
“Acupuncture” means the insertion of needles into the human body by piercing the skin of the body to control and regulate [,] the flow and balance of energy in the body and to cure, relieve or palliate [:] the body for therapeutic purposes, including, without limitation:
“Acupuncture” means the insertion of needles into the human body by piercing the skin of the body to control and regulate - 80th Session (2019) – 3 – [,] the flow and balance of energy in the body and to cure, relieve or palliate [:] the body for therapeutic purposes, including, without limitation:
or (b) Any wound, bodily injury or deformity.
or 2.) A“Board” means the State Board of Oriental Medicine.
2.
“Board” means the State Board of Oriental Medicine.
(a) Means an advanced needling skill or technique limited to the treatment of myofascial pain, using a single-use, single- added modality or medication, which is inserted into the skin orther underlying tissue to stimulate a trigger point.
(a) Means an advanced needling skill or technique limited to the treatment of myofascial pain, using a single-use, single- insertion, sterile needle without the use of heat, cold or any other added modality or medication, which is inserted into the skin or underlying tissue to stimulate a trigger point.
(b)(1) The stimulation of an auricular point;
(b) Does not include:
(1) The stimulation of an auricular point;
[5.] 6.
medicinal qualities.means [plants or parts of plants valued for 6.] any plant or part of a plant which is not prohibited by the laws of the United States or this State and is used in tests or examinations in the practice of Oriental medicine.
“Herbs” means [plants or parts of plants valued for medicinal qualities.
6.] any plant or part of a plant which is not prohibited by the laws of the United States or this State and is used in tests or examinations in the practice of Oriental medicine.
“Oriental medicine” means [that] a system of the healing art which places the chief emphasis on the flow and balance of energy - *SB355_R3* – 4 – in the body mechanism as being the most important single factor in maintaining the well-being of the organism in health and disease.
“Oriental medicine” means [that] a system of the healing art which places the chief emphasis on the flow and balance of energy in the body mechanism as being the most important single factor in maintaining the well-being of the organism in health and disease.
(a) Have a license issued pursuant to this chapter;
- 80th Session (2019) – 4 – (a) Have a license issued pursuant to this chapter;
(c) Are citizens of the United States;
(d) Are residents of the State of Nevada and have been for at least 1 year preceding appointment to the Board.
and (d) Are residents of the State of Nevada and have been for at least 1 year preceding appointment to the Board.
(e) Is a resident of the State of Nevada and has been for at least 1 year preceding appointment to the Board.
(d) Is a citizen of the United States;
and (e) Is a resident of the State of Nevada and has been for at least year preceding appointment to the Board.
3.
The Governor shall appoint one member to the Board who:
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and (d) Is a resident of the State of Nevada and has been for at least 1 year preceding appointment to the Board.
and (d) Is a resident of the State of Nevada and has been for at least year preceding appointment to the Board.
The Governor shall appoint one member to the Board who represents a school or college of Oriental medicine [whose establishment has been approved by the Board] established pursuant to NRS 634A.090.
The Governor shall appoint one member to the Board who represents a school or college of Oriental medicine [whose to NRS 634A.090.s been approved by the Board] established pursuant Sec.
Sec.
- *SB355_R3* – 5 – 1.
1.
5.] Operate on the basis of the fiscal year beginning July 1 and ending June 30;
- 80th Session (2019) – 5 – 5.] Operate on the basis of the fiscal year beginning July 1 and ending June 30;
Keep a record of its proceedings which must be open to the public at all times and which must contain the name and business address of every registered licensee in this State.
Keep a record of its proceedings which must be open to the public at all times and which must contain the name and busSec.
Sec.
7.ddrNRS 634A.090 is hereby amended to read as follows:
7.
NRS 634A.090 is hereby amended to read as follows:
and Postsecondary Education.t license issued by the Commission on 2.
and (c) It holds a current license issued by the Commission on Postsecondary Education.
The Board may prescribe the course of study required for the degSec.
2.
8.docNRS 634A.120 is hereby amended to read as follows:
The Board may prescribe the course of study required for the degree of doctor of Oriental medicine.
Sec.
8.
NRS 634A.120 is hereby amended to read as follows:
and (b) [A practical] An examination approved by the Board that tests the applicant’s knowledge and understanding of [:
and tests the applicant’s knowledge and understanding of [:rd that (1) Basic medical science;
(1) Basic medical science;
- *SB355_R3* – 6 – 2.
2.
3.
- 80th Session (2019) – 6 – 3.
Except as otherwise provided in subsection 5, the Board shall offer the [practical] examination required by paragraph (b) of subsection 1 at least two times each year at a time and place established by the Board.
Except as otherwise provided in subsection 5, the Board subsection 1 at least two times each year at a time and place (b) of established by the Board.
[(a)] (1) Successfully completed an accredited 4-year program of study, or its equivalent, in Oriental medicine at a school or Commission for Acupuncture and Oriental Medicine or itsation successor organization that [is approved] meets any requirements prescribed by the Board [.] pursuant to NRS 634A.090, including, without limitation, requirements concerning clinical and didactic components;
[1.] (a) Has:
[(b)] (2) Earned a bachelor’s degree , or completed a combined bachelor’s and master’s degree program in Oriental medicine, from an accredited college or university in the United States;
[(a)] (1) Successfully completed an accredited 4-year program of study, or its equivalent, in Oriental medicine at a school or college of Oriental medicine accredited by the Accreditation Commission for Acupuncture and Oriental Medicine or its successor organization that [is approved] meets any requirements prescribed by the Board [.] pursuant to NRS 634A.090, including, without limitation, requirements concerning clinical and didactic components;
[(c)] (3) Passed an investigation of his or her background and personal history conducted by the Board;
[(b)] (2) Earned a bachelor’s degree , or completed a combined bachelor’s and master’s degree program in Oriental medicine, fro[(c)] (3) Passed an investigation of his or her background and personal history conducted by the Board;
- *SB355_R3* – 7 – (a) Has:
(a) Has:
(b)] and meets any requirements prescribed by the Board pursuant to NRS 634A.090, including, without limitation, requirements concerning clinical and didactic components;
- 80th Session (2019) – 7 – (b)] and meets any requirements prescribed by the Board pursuant to NRS 634A.090, including, without limitation, requirements concerning clinical and didactic components;
(2) Lawfully practiced Oriental medicine in another state or foreign country for at least 4 years;
(2) Lawfully practiced Oriental medicine in another state or for[(c)] (3) Passed an investigation of his or her background and personal history conducted by the Board;
[(c)] (3) Passed an investigation of his or her background and personal history conducted by the Board;
(1) Successfully completed a program in Oriental medicine from a school or college of Oriental medicine accredited by the Accreditation Commission for Acupuncture and Oriental Medicine or its successor organization before January 1, 2008, that i(2) Practiced Oriental medicine pursuant to the laws of another state or territory of the United States, the District of immediately preceding the date of the application;
(1) Successfully completed a program in Oriental medicine from a school or college of Oriental medicine accredited by the Accreditation Commission for Acupuncture and Oriental Medicine or its successor organization before January 1, 2008, that included the study of herbology;
8 years (3) Passed an investigation of his or her background and personal history conducted by the Board;
(2) Practiced Oriental medicine pursuant to the laws of another state or territory of the United States, the District of Columbia, or foreign country for at least 6 of the 8 years immediately preceding the date of the application;
(3) Passed an investigation of his or her background and personal history conducted by the Board;
and (b) Holds a current certification in Oriental medicine issued by the National Certification Commission for Acupuncture and Oriental Medicine or its successor organization.
and(b) Holds a current certification in Oriental medicine issued by the National Certification Commission for Acupuncture and Oriental Medicine or its successor organization.
The license - *SB355_R3* – 8 – may be reinstated by payment of the required fee and submission of all required information within 90 days after February 1.
The license may be reinstated by payment of the required fee and submission of all required information within 90 days after February 1.
3.
- 80th Session (2019) – 8 – 3.
A license which is suspended for more than 3 months under the provisions of subsection 2 may be cancelled by the Board after 30 days’ notice to the holder of the license.
A license which is suspended for more than 3 months under the provisions of subsection 2 may be cancelled by the Board after days’ notice to the holder of the license.
(c) Submit evidence to the Board of completion of the requirements for continuing education;
requirements for continuing education;
and (d) Submit all information required to complete the renewal.
andpletion of the (d) Submit all information required to complete the renewal.
The license may be reinstated by payment of the required fee and submission of all required information within 90 days after the expiration of the license pursuant to this subsection.
The license may be reinstated by payment of the required fee and submission of all required information within days after the expiration of the license pursuant to this subsection.
Sec.
Secs.
11.5.
11.5-14.
11.7.
(Deleted by amendment.) Sec.
12.
(Deleted by amendment.) Sec.
12.5.
(Deleted by amendment.) Sec.
13.
(Deleted by amendment.) Sec.
14.
(Deleted by amendment.) Sec.
- *SB355_R3* – 9 – TEXT OF REPEALED SECTION 634A.144 Board prohibited from issuing or renewing safe and appropriate injection practices.
~~~~~ 19 - 80th Session (2019)
The Board shall noted to issue or renew a license to practice Oriental medicine unless the applicant for issuance or renewal of the license attests to knowledge of and compliance with the guidelines of the Centers for Disease infectious agents through safe and appropriate injection practices.
H - *SB355_R3*
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Amendments

3 amendments

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Action History

  1. Approved by the Governor. Chapter 281.

  2. Enrolled and delivered to Governor.

  3. Assembly Amendment No. 759 concurred in. To enrollment.

  4. In Senate.

  5. From printer. To reengrossment. Reengrossed. Third reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 34, Nays: 5, Excused: 2, Vacant: 1.) To Senate.

  6. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 759.) To printer.

  7. In Assembly. Read first time. Referred to Committee on Commerce and Labor. To committee.

  8. From printer. To engrossment. Engrossed. First reprint. Read third time. Amended. (Amend. No. 633.) Reprinting dispensed with. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 19, Nays: 2.) To printer. From printer. To re-engrossment. Re-engrossed. Second reprint. To Assembly.

  9. From committee: Amend, and do pass as amended. Placed on Second Reading File. Taken from Second Reading File. Placed on Secretary's desk. Taken from Secretary's desk. Placed on Second Reading File. Read second time. Amended. (Amend. No. 485.) To printer.

  10. From printer. To committee.

  11. Read first time. Referred to Committee on Commerce and Labor. To printer.

Sponsors

  • Senator David Parks · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Senator David Parks

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

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Frequently asked questions

What does SB 355 do?
AN ACT relating to Oriental medicine; revising provisions governing the duties and powers of the State Board of Oriental Medicine; revising provisions governing the scope of practice and licensing of doctors of Oriental medicine; and providing other matters properly relating thereto.
Who sponsors SB 355?
SB 355 is sponsored by Senator David Parks.
What is the current status of SB 355?
This bill has been enacted into law. Introduced March 18, 2019. Enacted.
Where can I track SB 355?
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