Inaccurate?

Waves of Exhaustion

(Player's Handbook v.3.5, p. 301)

Necromancy
Level: Dread Necromancer 6, Sorcerer 7, Wizard 7, Warmage 7, Sha'ir 7, Death Master 7, Blighter 8, Hades 8, Sloth 8,
Components: V, S,
Casting Time: 1 standard action
Range: 60 ft.
Area: Cone-shaped burst
Duration: Instantaneous
Saving Throw: No
Spell Resistance: Yes

Waves of negative energy cause all living creatures in the spell's area to become exhausted.
This spell has no effect on a creature that is already exhausted.