Nevada Administrative Code

NAC 634A.035 Approval of curriculum of program of study of school or college of Oriental medicine. (NRS 634A.070, 634A.140) For the purposes of paragraph (b) of subsection 1 of NRS 634A.090, the Board will approve the curriculum of a program of study of a school or college of Ori…

NAC 634A.071 Application: General requirements. (NRS 634A.070, 634A.110) 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 ap…

NAC 634A.075 Application: Rejection by Board. (NRS 634A.070) 1. The Board may reject an application for licensure as a doctor of Oriental medicine if it appears that: (a) The applicant is not qualified for licensure or is not of good moral character or reputation; (b) Any credent…

NAC 634A.080 Evidence of qualifications of applicant; approval of program of study. (NRS 634A.070, 634A.090, 634A.140) 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…

NAC 634A.085 Compliance with requirement of passing national examination. (NRS 634A.070, 634A.120) 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 examinatio…

NAC 634A.090 Investigation of applicant: Prerequisite to state examination. (NRS 634A.070, 634A.110, 634A.120) 1. An investigation of an applicant’s background and training by the Board or any person acting on its behalf must include: (a) Verification of a report from the Federal…

NAC 634A.100 State examination of applicant; subjects included in examination. (NRS 634A.070, 634A.120) 1. Until such time as the Board implements a process for administering the state examination online: (a) The state examination will be given in June and December of each year a…

NAC 634A.105 Disclosure of certain relationships between member of Board and applicant. (NRS 634A.070) No member of the Board may participate in preparing, examining or grading an examination or in any other decision made with respect to an applicant to whom the member is related…

NAC 634A.110 Reexamination of applicant who fails state examination. (NRS 634A.070, 634A.120) An applicant for a license to practice Oriental medicine who fails the state examination may retake the examination on the next scheduled examination date. A person seeking reexamination…

NAC 634A.116 License issued to alien: Inactive status; required statement. (NRS 634A.070) 1. A license issued to an alien automatically transfers to inactive status if he or she loses his or her entitlement to remain and work in the United States. 2. A license issued to an alien …

NAC 634A.125 Issuance of temporary certificate for seminar, lecture or teaching. (NRS 634A.070, 634A.165) A person who is not a licensee may be issued a temporary certificate pursuant to NRS 634A.165 if: 1. The person submits an application to the Board, on a form provided by the…

NAC 634A.130 Pocket license. (NRS 634A.070) 1. At the time a license is issued and on each renewal thereof, a pocket license bearing the expiration date of the license or renewal will be issued to each licensee, and the licensee shall keep the pocket license in his or her possess…

NAC 634A.133 Holder of license issued after December 31, 2018, required to maintain national certification; proof of certification. (NRS 634A.070, 634A.110, 634A.167) Each holder of a new license that is first issued after December 31, 2018, including, without limitation, a holde…

NAC 634A.135 Continuing education; placement of license on inactive status; reinstatement to active status. (NRS 634A.070, 634A.167) 1. Except as otherwise provided in this section, a licensee shall complete, during each period of 365 days immediately preceding the submission of …

NAC 634A.137 Approval of courses of continuing education; application; exception from approval and exemption from fees for certain courses; expiration of approval. (NRS 634A.070, 634A.225) 1. Except as otherwise provided in subsection 2, a person or entity shall not offer a cours…

NAC 634A.140 Payment of annual renewal fee; waiver of fee for first renewal. (NRS 634A.070) Except as otherwise provided in this section, each person who holds an active or inactive license to practice Oriental medicine shall pay to the Board an annual fee for the renewal of the …

NAC 634A.150 Reinstatement of expired license after failure to pay annual fee; reapplication for new license. (NRS 634A.070) 1. Any person whose license has expired pursuant to NRS 634A.167 and who desires to reinstate his or her license may have the license reinstated if: (a) No…

NAC 634A.160 Surrender of license and pocket license when suspended or revoked; replacement of lost, stolen or destroyed license or pocket license. (NRS 634A.070) 1. If a license is revoked, the license and the pocket license previously issued by the Board must be surrendered by …

NAC 634A.165 Fees of Board. (NRS 634A.070, 634A.110, 634A.165, 634A.167) The Board will charge and collect the following fees: Original application for licensure as a doctor of Oriental medicine................. $900.00 Renewal of active license before February 1.................…

NAC 634A.170 Grounds for disciplinary action. (NRS 634A.070, 634A.170) The Board considers the following acts to be unethical and unprofessional conduct warranting appropriate disciplinary action: 1. The division or “splitting” of fees with another licensee, unless the other lice…

NAC 634A.210 Scope, construction and application of regulations. (NRS 634A.070) 1. The provisions of NAC 634A.210 to 634A.570, inclusive, govern all practice and procedure before the Board unless otherwise directed by the Board. 2. The provisions of NAC 634A.210 to 634A.570, incl…

NAC 634A.220 Communications. (NRS 634A.070) All formal written communications and documents must be addressed to the State Board of Oriental Medicine and not to individual members of the Board or its staff. [Bd. of Oriental Med., Rule 2.3, eff. 7-26-77]

NAC 634A.230 Payment of fees and remittances; refund of application fee; certain fees not refundable. (NRS 634A.070, 634A.110) 1. Fees and remittances must be paid to the Board by credit card or debit card or by money order, bank draft or check payable to “State Board of Oriental…

NAC 634A.240 Computation of time. (NRS 634A.070) The time within which any act must be done, as authorized by NAC 634A.210 to 634A.570, inclusive, will be computed by excluding the first day and including the last day unless it is Saturday, Sunday or a legal holiday, and then it …

NAC 634A.245 Request for Board to consider or take action upon matter at meeting. (NRS 634A.070) A request for the Board to consider or take action upon a matter at a meeting must be received by the Board at least 15 business days before the date of the meeting. (Added to NAC by …

NAC 634A.250 Request for additional information from Board. (NRS 634A.070) Additional information with reference to proceedings before the Board or the status of any matter may be secured by applying to the Executive Director at the principal office of the Board. [Bd. of Oriental…

NAC 634A.260 Classification of parties. (NRS 634A.070) 1. A party to a proceeding before the Board must be styled an applicant, petitioner, complainant, respondent, intervener or interested party according to the nature of the proceeding and the relationship of the party thereto.…

NAC 634A.270 Staff of Board may be party to proceeding. (NRS 634A.070) The Board’s staff may appear at any hearing and has the right to participate as a party to the proceeding. [Bd. of Oriental Med., Rule 3.8, eff. 7-26-77]

NAC 634A.280 Rights of parties. (NRS 634A.070) At any hearing, all parties named in NAC 634A.260, except interested parties, may enter an appearance, introduce evidence, examine and cross-examine witnesses, make arguments and generally participate in the conduct of the proceeding…

NAC 634A.290 Appearances. (NRS 634A.070) Parties shall enter their appearances at the beginning of a hearing, or at any time as may be designated by the presiding officer, by giving their names and addresses and stating their positions or interests to the presiding officer. This …

NAC 634A.300 Representation of parties; qualifications of attorneys. (NRS 634A.070) 1. A party may be heard in person or by his or her designated attorney or other representative. 2. An attorney appearing as counsel in any proceeding must be an attorney at law, admitted to practi…

NAC 634A.310 Service of process on attorney. (NRS 634A.070) Following the entry of an appearance by an attorney for a party, all notices, pleadings and orders thereafter served must be served upon the attorney. The service will be considered a valid service for all purposes upon …

NAC 634A.320 Withdrawal of attorney. (NRS 634A.070) Any attorney of record wishing to withdraw from a proceeding before the Board must, in writing, immediately notify the Board or the presiding officer, the party whom he or she represented, and any other parties to the proceeding…

NAC 634A.330 Conduct required. (NRS 634A.070) A person appearing at any proceeding before the Board shall conform to the recognized standards of ethical and courteous conduct. [Bd. of Oriental Med., Rule 4.6, eff. 7-26-77] Pleadings, Motions and Other Papers

NAC 634A.340 Captions, amendments and construction of pleadings. (NRS 634A.070) 1. Pleadings before the Board must be styled applications, petitions, complaints and answers. 2. All pleadings, except complaints brought on the Board’s own motion, must be verified. 3. The Board may,…

NAC 634A.350 Applications. (NRS 634A.070) 1. All pleadings requesting a privilege, license or authority from the Board must be styled “Applications.” 2. An application must set forth the full name and address of the applicant and must be signed by the applicant. [Bd. of Oriental …

NAC 634A.360 Petitions. (NRS 634A.070) 1. All pleadings praying for affirmative relief (other than applications, complaints, or answers), including requests for declaratory orders, advisory opinions, and requests for the adoption, filing, amendment or repeal of any regulation, mu…

NAC 634A.370 Complaints; notification of respondents; use of evidence obtained after notification. (NRS 634A.070) 1. Upon the initiative of any interested person, or upon the initiative of any member of the Board, a complaint may be made alleging one or more causes of action base…

NAC 634A.380 Answers; entry of default upon failure to file. (NRS 634A.070) 1. The respondent shall file an answer within 20 days after service of the notice and relevant material pursuant to subsection 5 of NAC 634A.370. The answer must contain an admission or denial of each of …

NAC 634A.390 Motions: Contents; opposition; reply; oral argument. (NRS 634A.070) 1. A motion is a proceeding directed at the Board’s authority to act on a given subject. 2. All motions, unless made during a hearing, must be in writing. 3. All written motions must set forth the na…

NAC 634A.400 Filing. (NRS 634A.070) An original and two legible copies of all pleadings, motions or other papers must be filed with the Board. The Board may direct that a copy of a pleading be made available by the party filing it to any other person whom the Board determines may…

NAC 634A.410 Service of process. (NRS 634A.070) Except as otherwise provided by specific statute or regulation, all notices, opinions and documents required to be served by the Board, other than decisions or orders, and all documents filed by any party must be served in accordanc…

NAC 634A.430 Hearings held before Board: Location; notice. (NRS 634A.070) 1. Hearings will be held at such place in the State as is designated by the Board in the notice of the hearing. 2. A hearing which has previously been continued may be reset on notice of at least 10 days. […

NAC 634A.440 Continuances. (NRS 634A.070) 1. The Board may, before a hearing or during a hearing, on a proper showing of good faith, grant a request for a continuance for the submission of further or additional proof of any subject that is relevant to the hearing. 2. A request fo…

NAC 634A.450 Failure of party to appear. (NRS 634A.070) 1. If a party fails to appear at a hearing scheduled by the Board and no continuance has been requested or granted, the Board may hear the evidence of such witnesses as may have appeared and the Board may proceed to consider…

NAC 634A.460 Subpoenas. (NRS 634A.070) 1. Subpoenas requiring the attendance of a witness at a hearing may be issued by the Board upon application in writing. 2. Subpoenas for the production of documents, books or other records, unless issued by the Board on its own motion, will …

NAC 634A.470 Testimony must be under oath. (NRS 634A.070) All testimony to be considered by the Board in a formal hearing, except matters noticed officially or entered by stipulation, must be sworn testimony. Before taking the witness stand, each person shall swear (or affirm) th…