Bill > AB210

Introduced Session

Legislative Counsel's Digest: Existing law regulates the licensing and certification of the practice of 1 chiropractic. (Chapter 634 of NRS) Section 2of this bill defines business entity 2 for the provisions relating to the practice of chiropractic. Section 3of this bill 3 requires a business entity that provides chiropractic services to register with the 4 Chiropractic Physicians Board of Nevada. Section 3requires a business entity to 5 notify the Board of any change to certain information submitted as part of an 6 application for registration. Section 4of this bill requires a registered business 7 entity to: (1) ensure that all chiropractic physicians and chiropractic assistants who 8 provide chiropractic services in any facility owned or operated by the business 9 entity comply with the provisions of existing law and regulations that govern the 10 practice of chiropractic; (2) establish a written policy and procedure relating to the 11 medical records of a patient; and (3) notify the Board if the business entity 12 dissolves or a facility owned or operated by the business entity closes. Section 6of 13 this bill requires the Board to keep records relating to registration of a business 14 entity in the same manner as it keeps records of licensing and disciplinary actions. 15 Section 8of this bill establishes the maximum fee for the issuance or renewal of a 16 registration as a business entity that provides chiropractic services and requires the 17 Board to charge and collect a fee established by regulation of the Board for the late 18 renewal of such a registration. Section 5of this bill makes a conforming change to 19 indicate the placement of section 2in the Nevada Revised Statutes. 20 Existing law provides grounds for initiating disciplinary action against 21 practitioners of chiropractic. (NRS 634.018, 634.140) Sections 9-15of this bill 22 make various changes to authorize the imposition of disciplinary action against a 23 registered business entity, as applicable. Section 18of this bill makes it a category 24 B felony to own or operate a business entity: (1) that provides chiropractic services 25 without being appropriately registered with the Board; or (2) for which an 26 unlicensed person engages in the practice of chiropractic. Sections 17and 19of 27 this bill make conforming changes to reflect the registration requirement for a 28 business entity that provides chiropractic services. 29 Existing law requires an applicant for a license to engage in the practice of 30 chiropractic to meet certain requirements. (NRS 634.090) Section 7of this bill 31 revises certain requirements relating to the education of an applicant and the 32 successful completion of an examination. Sections 6, 8, 15-19and 22of this bill 33 change the title of a person practicing chiropractic from chiropractor to 34 chiropractic physician and the title of a person assisting a chiropractic physician 35 from a chiropractor s assistant to a chiropractic assistant. 36 Existing law prohibits a chiropractic physician from administering or 37 prescribing drugs. (NRS 634.220) Section 16of this bill authorizes a chiropractic 38 physician to recommend, dispense or administer any drug or device for which a 39 prescription or order is not required. 40 Existing law establishes a privilege for a patient to refuse to disclose and 41 prevent any other person from disclosing confidential communication with an 42 allopathic or osteopathic physician or dentist. (NRS 49.215, 49.225) Section 20of 43 this bill extends this privilege to apply to confidential communications between a 44 patient and a chiropractic physician. 45 SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 634 of NRS is hereby amended by adding 1 thereto the provisions set forth as sections 2, 3and 4of this act. 2 Sec. 2. Business entity means a sole proprietorship or any 3 lawful fictional entity by which business may be conducted 4 lawfully in this State. The term does not include: 5 1. A facility wholly owned by one or more persons licensed 6 pursuant to this chapter; 7 2. A sole proprietorship or partnership that consists solely of 8 persons who are licensed pursuant to this chapter; 9 3. A professional corporation or professional limited liability 10 company, the shares of which are wholly owned by a person or 11 persons licensed pursuant to this chapter; 12 4. An administrator or executor of the estate of a deceased 13 chiropractic physician or a person who is legally authorized to act 14 for a chiropractic physician who has been adjudicated to be 15 incapacitated for not more than 1 year after the date of the death 1 or incapacitation of the chiropractic physician; 2 5. A medical facility licensed pursuant to chapter 449 of 3 NRS; or 4 6. A physician. 5 Sec. 3. 1. To obtain a registration as a business entity that 6 provides chiropractic services, a business entity must submit to the 7 Board an application in the form prescribed by the Board. The 8 application must be accompanied by the fee for the issuance of a 9 registration required by NRS 634.135 and must include: 10 (a) The name, address and telephone number of the business 11 entity; 12 (b) The name of any officer or director of the business entity; 13 and 14 (c) The name of any chiropractic physician who is responsible 15 for providing or supervising the provision of chiropractic services 16 in any facility owned or operated by the business entity. 17 2. A registration as a business entity that provides 18 chiropractic services expires on June 1 of each year and may be 19 renewed by submitting to the Board before the expiration of the 20 registration: 21 (a) An application for renewal in the form prescribed by the 22 Board; and 23 (b) The renewal fee required by NRS 634.135. 24 3. The Board may approve a late application for renewal that 25 is accompanied by the renewal fee required by NRS 634.135 and 26 the additional late fee prescribed by the Board pursuant to 27 subsection 3 of NRS 634.135. 28 4. A business entity shall notify the Board in writing within 29 30 days after any change to the information described in 30 subsection 1. 31 5. The Board shall impose an administrative fine in an 32 amount prescribed by regulation of the Board against a registrant 33 that does not comply with the requirements of subsection 4. 34 Sec. 4. A business entity that is registered to provide 35 chiropractic services pursuant to section 3 of this act shall: 36 1. Ensure that all chiropractic physicians and chiropractic 37 assistants who provide chiropractic services in any facility owned 38 or operated by the business entity comply with the provisions of 39 this chapter or the regulations adopted by the Board, and any 40 other statute or regulation pertaining to the practice of 41 chiropractic; 42 2. Establish a written policy and procedure for the secure 43 storage and transfer of the medical records of a patient and the 44 access to those records by the patient. The policy and procedure 1 must include procedures for: 2 (a) Notifying each patient of the location to which his or her 3 medical records will be moved if the business entity ceases 4 operations, is sold or ceases maintaining medical records at the 5 facility where the medical records are currently maintained; 6 (b) Disposing of unclaimed medical records; and 7 (c) Responding to a request by a patient or a representative of 8 the patient for any copy of his or her medical records within the 9 time period prescribed by NRS 629.061. 10 3. Not later than 30 days after the dissolution of the business 11 entity or the closing of any facility owned or operated by the 12 business entity, notify the Board of the dissolution or closure and 13 the procedure by which a patient of the business entity may obtain 14 his or her medical records. 15

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Steve Yeager (D)*, 

Chapter 126. (on 05/28/2021)

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