District Judge Bars Injection Regulations

Steve Klearman
Attorney
(866) 735-1102 Ext 535
Posted by Steve KlearmanOctober 01, 2009 11:55 AM
Tags: None

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.

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