Two weeks ago, the Nevada Board of Medical Examiners issued an emergency regulation to restrict the ability of medical assistants to perform certain injections, such as Botox.
As reported by the Las Vegas Sun, the regulations prohibited doctors from allowing medical assistants to inject "cosmetic fillers, chemotherapy, anesthetics or inflammatory drugs," stemming from "a controversy in Las Vegas about unlicensed medical assistants performing certain procedures that some argued should be left to a doctor."
However, on Tuesday, District Judge Kathleen Delaney issued an injunction to prevent the regulation from going into effect, based on the Nevada Board of Medical Examiners’ procedures used to adopt the regulations. The Board violated Nevada’s open meeting laws by not hearing all public comments before voting on the regulation.
The regulation was not to affect the administration of flu shots.
Steve is the Managing Shareholder of Steven J. Klearman & Associates, a civil litigation law firm located in Reno, Nevada. He practices primarily in the areas of civil litigation and injury law, and has authored one of the definitive guides to Nevada civil law that is widely used by Nevada judges and attorneys, his book entitled Elements of Nevada Legal Theories.