nv-nv-R149-26NH: Nevada State Board of Oriental Medicine — regarding the adoption of a regulation pertaining to Chapter 634A of the Nevada Administrative Code, LCB File No

JOE LOMBARDO DR. KRISTOPHER SANCHEZ Governor Director PERRY FAIGIN STATE OF NEVADA NIKKI HAAG MARCEL F. SCHAERER Deputy Directors MERLE LOK Executive Director DEPARTMENT OF BUSINESS AND INDUSTRY OFFICE OF NEVADA BOARDS, COMMISSIONS AND COUNCILS STANDARDS NEVADA STATE BOARD OF ORIENTAL MEDICINE NOTICE OF INTENT TO ACT UPON A PROPOSED REGULATION LCB FILE NO. R149-26 Notice of Hearing for the Adoption of a Permanent Regulation of the Nevada State Board of Oriental Medicine NOTICE IS HEREBY GIVEN that the Nevada State Board of Oriental Medicine will hold a Public Hearing at 6:00 p.m., on August 20, 2026 at: 8620 S. Eastern Avenue, Room C Las Vegas, NV 89123 The purpose of the hearing is to receive comments from all interested persons regarding the adoption of a regulation pertaining to Chapter 634A of the Nevada Administrative Code, LCB File No. R149-26. The following information is provided pursuant to the requirements of NRS 233B.0603: 1. The need for and the purpose of the proposed regulation or amendment. The need for and the purpose of the proposed regulation deletes the requirement for the Applicant’s social security number, updates the name of the national organization, clarifies the requirement of a current valid license in another state for endorsement eligibility, deletes the requirement for chemistry or biochemistry for licensure, expands the automatic acceptance of all continuing education classes approved by the national organization, and eliminates and/or reduces certain fees. Las Vegas: 3431 E. Sunset Rd., Bldg. C, Suite 21, Las Vegas, Nevada 89120 - Telephone (702) 675-5326 - Fax (702) 989-8584 www.orientalmedicine.nv.gov 2. If the proposed regulation is a temporary regulation, the terms or the substance of the proposed regulation to be adopted, amended or repealed, or a description of the subjects and issues involved. The proposed regulation is not a temporary regulation. 3. If the proposed regulation is a permanent regulation, a statement explaining how to obtain the approved or revised text of the proposed regulation. A copy of the proposed regulation may be obtained at: Nevada State Board of Oriental Medicine 3431 E. Sunset Rd, #C21 Las Vegas, Nevada 89120 Phone (702) 675-5326 Fax (702) 989-8584 Email: omboardexecutivedirector@gmail.com 4. The estimated economic effect of the regulation on the business which it is to regulate and on the public. These must be stated separately and in each case must include: (a) Both adverse and beneficial effects. The beneficial economic effect of the proposed regulation on the business and on the public would be cost savings due to the elimination and/or reduction in certain fees. Also, there is a benefit to the small business as there will be an automatic acceptance of all CEUs approved by the national organization, creating more CEU choices for the licensees. There is no identifiable adverse economic effect on the business and on the public. (b) Both immediate and long-term effects. The immediate and long-term effects of the proposed regulation on the business and on the public would be cost savings due to the elimination and/or reduction in certain fees. Also, there is a benefit to the small business as there will be an automatic acceptance of all CEUs approved by the national organization, creating more CEU choices for the licensees. 5. The methods used by the agency in determining the impact on a small business. The Board emailed out a small business impact form on 5/21/2026 to solicit written input from its licensees and requestors. A public workshop was held on 6/23/2026 to solicit input from its attendees. 6. The estimated cost to the agency for enforcement of the proposed regulation. There will be no significant cost to the Nevada State Board of Oriental Medicine for enforcement of the proposed regulation. Las Vegas: 3431 E. Sunset Rd., Bldg. C, Suite 21, Las Vegas, Nevada 89120 - Telephone (702) 675-5326 - Fax (702) 989-8584 www.orientalmedicine.nv.gov 7. A description of and citation to any regulations of other state or local governmental agencies which the proposed regulation overlaps or duplicates and a statement explaining why the duplication or overlapping is necessary. If the proposed regulation overlaps or duplicates a federal regulation, the notice must include the name of the regulating federal agency. There are no similar regulations of other state or government agencies that the proposed regulations overlap or duplicate. 8. If the regulation is required pursuant to federal law, a citation and description of the federal law. This proposed regulation is not required by federal law. 9. If the regulation includes provisions which are more stringent than a federal regulation that regulates the same activity, a summary of such provisions. There is no federal regulation that regulates the same activities in this proposed regulation. 10. Whether the proposed regulation establishes a new fee or increases an existing fee. The proposed regulation does not establish a new fee or increase an existing fee. 11. If the proposed regulation is a temporary regulation, each address at which the text of the regulation may be inspected and copied. This is not a temporary regulation. Persons wishing to comment upon the proposed action of Nevada State Board of Oriental Medicine may appear at the scheduled public hearing or may address their comments, data, views, or arguments, in written form, to Merle Lok, Nevada State Board of Oriental Medicine. Written submissions must be received by the Nevada State Board of Oriental Medicine on or before August 15, 2026. If no person who is directly affected by the proposed action appears to request time to make an oral presentation, the Nevada State Board of Oriental Medicine may proceed immediately to act upon any written submissions. A copy of this notice and the regulation to be Adopted will be on file at the State Library, Archives and Public Records, 100 Stewart Street, Carson City, Nevada, for inspection by members of the public during business hours. Additional copies of the notice and the regulation to be Adopted will be available at Nevada State Board of Oriental Medicine, Attention: Merle Lok, Executive Director, at 3431 E. Sunset Rd, #C21, Las Vegas, Nevada 89120, Phone (702) 675-5326; Fax (702) 989-8584; Email: omboardexecutivedirector@gmail.com, website: https://orientalmedicine.nv.gov for inspection and copying by members of the public during business hours. This notice and the text of the proposed regulation are also available in the State of Nevada Register of Administrative Regulations, which is prepared and published monthly by the Legislative Counsel Bureau pursuant to NRS 233B.0653, and on the Internet at http://www.leg.state.nv.us/. Copies of this notice and the proposed regulation will also be mailed to members of the public at no charge Las Vegas: 3431 E. Sunset Rd., Bldg. C, Suite 21, Las Vegas, Nevada 89120 - Telephone (702) 675-5326 - Fax (702) 989-8584 www.orientalmedicine.nv.gov upon request. Upon adoption of any regulation, the agency, if requested to do so by an interested person, either before adoption or within 30 days thereafter, shall issue a concise statement of the principal reasons for and against its adoption and incorporate therein its reason for overruling the consideration urged against its adoption. This Notice of Intent to Act and Public Hearing has been sent to/posted at the following locations: Nevada State Board of Oriental Medicine, 3431 E. Sunset Rd., #C21, Las Vegas, NV 89120 Nevada State Board of Oriental Medicine’s website http://orientalmedicine.nv.gov/ Nevada Legislative Counsel Bureau-https://www.leg.state.nv.us State of Nevada Public Notices - https://notice.nv.gov/ State of Nevada Register of Administrative Regulations-http://www.leg.state.nv.us/register/ State Library and Archives - www.nsla.nv.gov Amargosa Valley Library District 1660 East Farm Rd. Amargosa Valley, NV 89020 Beatty Library District 400 North 4th St. PO Box 129 Beatty, NV 89003 Carson City Library 900 North Roop St. Carson City, NV 89701 Churchill County Library 553 South Maine Street Fallon, NV 89406 Clark County Library (Whitney Branch) 5175 E. Tropicana Ave. Las Vegas, NV 89122 Douglas County Public Library 1625 Library Lane PO Box 337 Minden, NV 89423 Elko County Library 720 Court Street Elko, NV 89801 Phone: 775-738-3066 Eureka Branch Library 80 South Monroe P.O. Box 293 Eureka, NV 89316 Phone: 775-237-5307 Esmerelda Main Library Corner Crook & Fourth Las Vegas: 3431 E. Sunset Rd., Bldg. C, Suite 21, Las Vegas, Nevada 89120 - Telephone (702) 675-5326 - Fax (702) 989-8584 www.orientalmedicine.nv.gov P.O. Box 430 Goldfield, NV 89013 Humboldt County Library 85 East 5th Street Winnemucca, NV 89445 Lander County Community Library 625 South Broad Street Battle Mountain, NV 89820 Lincoln County Library 63 Main Street PO Box 330 Pioche, NV 89043 Lyon County Main Library 20 Nevin Way Yerington, NV 89447 Mineral County Library 110 1st Street PO Box 1390 Hawthorne, NV 89415 Nye County Main Library 701 East Street Pahrump, NV 89048 Pershing County Library 1125 Central Avenue PO Box 781 Lovelock, NV 89419 Storey County Community Library 175 Carson Street PO Box 999 Virginia City, NV 89440 Washoe County Main Library 301 S. Center Street Reno, NV 89501 White Pine County Public Library 950 Campton Street Ely, NV 89301 A copy of this Notice of Intent to Act and Public Hearing also has been e-mailed to all licensees of the Nevada State Board of Oriental Medicine for whom the Board has permission to contact, and to all persons who have requested in writing that they be placed upon a mailing list, which is maintained by the Nevada State Board of Oriental Medicine. Las Vegas: 3431 E. Sunset Rd., Bldg. C, Suite 21, Las Vegas, Nevada 89120 - Telephone (702) 675-5326 - Fax (702) 989-8584 www.orientalmedicine.nv.gov SECOND REVISED PROPOSED REGULATION OF THE STATE BOARD OF ORIENTAL MEDICINE LCB File No. R149-26 July 16, 2026 EXPLANATION – Matter in italics is new; matter in brackets [omitted material] is material to be omitted. AUTHORITY: § 1, NRS 634A.070 and 634A.110; §§ 2-4, NRS 634A.070; § 5, NRS 624A.070 and 634A.225; § 6, NRS 634A.070, 634A.110 and 634A.167. A REGULATION relating to Oriental medicine; revising requirements related to the application for a license to practice Oriental medicine; updating the name of a certain organization; authorizing certain courses to be offered as continuing education in Oriental medicine; decreasing certain fees; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing federal law requires each state to have in effect procedures for recording the social security number of any applicant for a professional or occupational license for the purpose of: (1) identifying applicants for and holders of such licenses who owe child support arrearages or fail to comply with certain processes relating to paternity or child support proceedings; and (2) withholding, suspending or revoking such licenses for such applicants and licensees. (42 U.S.C. § 666) Existing Nevada law, which expires on the date on which the federal law is repealed, accordingly requires an applicant for a license to practice Oriental medicine to include his or her social security number in the application. (NRS 634A.115) Section 1 of this regulation removes from existing regulations a duplicative requirement that such an applicant include his or her social security number in the application. Existing Nevada law will continue to require such an application to include the applicant’s social security number until the date on which the federal law is repealed. (NRS 634A.115) Existing law and regulations require a holder of a license to practice Oriental medicine to complete certain continuing education. (NRS 634A.167; NAC 634A.135) Existing regulations: (1) in general, require a course of continuing education to be approved by the State Board of Oriental Medicine; but (2) authorize courses in certain core competencies which are approved for recertification by the National Certification Commission for Acupuncture and Oriental Medicine to be offered as courses of continuing education without approval from the Board. (NAC 634A.137) Section 5 of this regulation instead authorizes any course which is approved by that organization to be offered as courses of continuing education without approval from the Board, regardless of whether the course is approved for the purpose of recertification or provides instruction in a specified core competency. Sections 2-5 of this regulation revise the name of the National Certification Commission for Acupuncture and Oriental Medicine to the National Certification Board for Acupuncture and Herbal Medicine to reflect the current name of the --1-- LCB Draft of Second Revised Proposed Regulation R149-26 organization. Sections 2-4 also revise the name of the Oriental Medicine Certification to the Diplomate of Acupuncture and Herbal Medicine to reflect the current name of the certification. Existing law authorizes the Board to charge and collect certain fees. (NRS 634A.110, 634A.167) Section 6 of this regulation reduces: (1) the fee for an original application for licensure as a doctor of Oriental medicine; (2) the fee for the renewal of an active license before February 1; (3) the fee for the renewal of an active license of an active member of the Armed Forces of the United States, a veteran or the spouse of such a member or veteran before February 1; and (4) the original fee for the state examination, which is administered under existing law to each applicant for a license to practice as a doctor of Oriental medicine to test the applicant’s knowledge and understanding of the laws and regulations of this State relating to health and safety in the practice of Oriental medicine. (NRS 634A.120) Section 1. NAC 634A.071 is hereby amended to read as follows: 634A.071 1. A person who desires to be licensed by the Board as a doctor of Oriental medicine must, at least 3 months before the date of the state examination in which the person wishes to participate: (a) File an application with the Executive Director; (b) Pay to the Board at the time of filing his or her application any applicable fees set forth in NAC 634A.165; and (c) Submit any other documentation or proof that the Board may require. 2. The application must be: (a) Made on the form provided by the Board; and (b) Typed or written in English. 3. The application must include: (a) [The social security number of the applicant; (b)] A set of the fingerprints of the applicant, together with written consent for the Board to submit the fingerprints to any law enforcement agency in connection with his or her application; --2-- LCB Draft of Second Revised Proposed Regulation R149-26 [(c)] (b) Written consent of the applicant to an investigation of his or her personal background, professional training and experience by the Board or any person acting on its behalf; and [(d)] (c) Evidence that the applicant possesses the qualifications required pursuant to this chapter and chapter 634A of NRS for licensure as a doctor of Oriental medicine. Sec. 2. NAC 634A.080 is hereby amended to read as follows: 634A.080 1. An applicant for a license to practice Oriental medicine must submit, together with his or her application, evidence that he or she has successfully completed a 4-year program of study, or its equivalent, in Oriental medicine at a school or college of Oriental medicine which is approved by the Board. 2. If the application is submitted pursuant to subsection 1 of NRS 634A.140, the applicant must submit evidence showing that he or she has earned a bachelor’s degree from an accredited college or university in the United States. 3. If the application for licensure by endorsement is submitted pursuant to subsection 2 of NRS 634A.140, the applicant must submit evidence that he or she: (a) Has lawfully practiced Oriental medicine in another state or foreign country for at least 4 years; (b) Holds [Oriental Medicine Certification by] a Diplomate of Acupuncture and Herbal Medicine from the National Certification [Commission] Board for Acupuncture and [Oriental] Herbal Medicine or its successor organization; and (c) If the applicant successfully completed a 4-year program of study at a school or college of Oriental medicine described in subparagraph (3) of paragraph (a) of subsection 4, holds a valid license to practice Oriental medicine in the applicable state. --3-- LCB Draft of Second Revised Proposed Regulation R149-26 4. For the purposes of subsection 1, the Board may approve a 4-year program of study, or its equivalent, in Oriental medicine at a school or college of Oriental medicine if the Board finds that: (a) The school or college of Oriental medicine is: (1) Accredited by the Accreditation Commission for Acupuncture and Herbal Medicine or its successor organization; (2) In pre-accreditation status with the Accreditation Commission for Acupuncture and Herbal Medicine or its successor organization and satisfies the requirements of paragraph (b); or (3) Approved by a licensing agency that regulates the practice of Oriental medicine in another state, if the applicant currently holds a valid license to practice Oriental medicine in that state; (b) The program of study includes training or instruction in the subjects of acupuncture, moxibustion, herbology, Oriental physiology, Oriental pathology, Oriental diagnosis, tuina or qigong, biology, anatomy, Western physiology, Western pathology, Western diagnosis, pharmacology, laboratory and radiology; and (c) The program of study: (1) Required the completion of at least 2,800 hours of instruction, including not less than 2,500 didactic hours, for a student to have graduated before November 25, 2002; or (2) Requires the completion of at least 3,000 hours of instruction, including not less than 2,500 didactic hours, for a student to graduate on or after November 25, 2002, or results in the award of a combined bachelor’s and master’s degree in Oriental medicine to a student who graduates on or after November 25, 2002. --4-- LCB Draft of Second Revised Proposed Regulation R149-26 5. For the purposes of subsection 1, the Board will deem a master’s degree to be the equivalent of a 4-year program of study if the program of study for the degree conforms to the requirements of paragraphs (b) and (c) of subsection 4. 6. For the purposes of subsections 2 and 3, evidence that the applicant is qualified for licensure as a doctor of Oriental medicine must include certified copies of any diplomas, transcripts, licenses and certificates issued to the applicant. If possible, all certified copies of official diplomas, transcripts, licenses or certificates must be forwarded directly to the Executive Director from the issuing entity rather than from the applicant. Sec. 3. NAC 634A.085 is hereby amended to read as follows: 634A.085 To comply with the requirement of passing the national examination in Oriental medicine, an applicant for licensure as a doctor of Oriental medicine must have passed each examination for [Oriental Medicine Certification] a Diplomate of Acupuncture and Herbal Medicine administered by the National Certification [Commission] Board for Acupuncture and [Oriental] Herbal Medicine or its successor organization. Sec. 4. NAC 634A.133 is hereby amended to read as follows: 634A.133 Each holder of a new license that is first issued after December 31, 2018, including, without limitation, a holder of a license by endorsement issued pursuant to subsection 2 of NRS 634A.140, shall: 1. Maintain [Oriental Medicine Certification by] a Diplomate of Acupuncture and Herbal Medicine from the National Certification [Commission] Board for Acupuncture and [Oriental] Herbal Medicine or its successor organization; and --5-- LCB Draft of Second Revised Proposed Regulation R149-26 2. Provide proof of [that certification] the unexpired Diplomate of Acupuncture and Herbal Medicine from the National Certification Board for Acupuncture and Herbal Medicine to the Executive Director upon: (a) [Certification;] Each annual license renewal; and (b) [Recertification; and (c)] The change of classification of his or her license from inactive status to active status. Sec. 5. NAC 634A.137 is hereby amended to read as follows: 634A.137 1. Except as otherwise provided in subsection 2, a person or entity shall not offer a course of continuing education for licensees in this State unless the person or entity has first obtained approval for the course from the Board pursuant to this section. 2. Courses [in any of the core competencies of Acupuncture and Oriental Medicine and Biomedicine (AOM-BIO), Oriental Medicine Foundation and Theory (AOM-OM), Acupuncture (AOM-AC), Chinese Herbology (AOM-CH), Asian Bodywork Therapy (AOM-ABT),Safety (SA) or Ethics (ET),] which are approved [for recertification] by the National Certification [Commission] Board for Acupuncture and [Oriental] Herbal Medicine [,] or its successor organization may be offered as courses of continuing education for licensees in this State without approval from the Board and are exempt from the imposition of fees for approval of courses of continuing education pursuant to NAC 634A.165. 3. A person or entity may apply for approval of a course of continuing education by submitting to the Board: (a) An application, on a form provided by the Board, which must include information indicating the specific subject or topics to be presented and the name of each proposed instructor; --6-- LCB Draft of Second Revised Proposed Regulation R149-26 (b) All material relating to the course, including, without limitation, written material to be provided to a licensee attending the course; and (c) The fee required pursuant to NAC 634A.165. 4. If the Board approves a course of continuing education pursuant to this section, the Board will determine the number of hours of continuing education that a licensee may receive for attending the course. 5. Board approval of a course of continuing education other than a course described in subsection 2 expires 4 years after that approval. Sec. 6. NAC 634A.165 is hereby amended to read as follows: 634A.165 The Board will charge and collect the following fees: Original application for licensure as a doctor of Oriental medicine........... [.$900.00] $500.00 Renewal of active license before February 1.................................................[600.00] 500.00 Renewal of inactive license before February 1.............................................................500.00 Renewal of active license of an active member of the Armed Forces of the United States, a veteran or the spouse of such a member or veteran before February 1....................................................................... Penalty for late renewal of license within 90 days after February 1.............................100.00 Replacement of license..................................................................................................200.00 Original fee for state examination..................................................................[900.00] 500.00 Reexamination fee for state examination......................................................................500.00 Approval of course of continuing education.................................................................100.00 Check returned for insufficient funds..............................................................................25.00 --7-- LCB Draft of Second Revised Proposed Regulation R149-26 For copies, per compact disc or tape recording...............................................................20.00 Original application fee for a school or college of Oriental medicine.......................2,000.00 Annual fee for approval of curriculum before February 1.......................... ...............1,000.00 --8-- LCB Draft of Second Revised Proposed Regulation R149-26