NRS 633.326 Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 633.326 Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

NRS 633.328 Submission of fingerprints.

NRS 633.331 Examinations.

NRS 633.341 Reexaminations.

NRS 633.351 Right of appeal of unsuccessful applicant.

NRS 633.361 Issuance of license without examination.

NRS 633.371 Display of license.

NRS 633.381 Licenses issued before July 1, 1977, remain effective.

NRS 633.391 Temporary licenses.

NRS 633.401 Special licenses: Physician from adjoining state; resident enrolled in postgraduate training program; specified purposes.

NRS 633.411 Special licenses: Resident medical officer; professional employee of State or United States.

NRS 633.421 Licenses to bear seal and signatures of Board’s officers; authority to practice osteopathic medicine.

NRS 633.431 Osteopathic physicians’ assistants: Training programs and standards.

NRS 633.441 Osteopathic physicians’ assistants: Application to employ assistant.

NRS 633.451 Osteopathic physicians’ assistants: Approval of application to employ assistant; issuance and renewal of certificate.

NRS 633.461 Osteopathic physician’s assistant: Scope of authorized activities.

NRS 633.466 Osteopathic physician’s assistant: Supervision by physician.

NRS 633.471 Renewal of license: Prerequisites; notice to licensee; evidence of continuing medical education; exemption from fee.

NRS 633.481 Renewal of license: Revocation of license on expiration of notice of failure to renew; waiver of requirements for continuing education; restoration of license.

NRS 633.491 Renewal of license of retired licensee; inactive status; procedure to restore active status.

NRS 633.501 Fees.

EMPLOYEES

NRS 633.505 Retaliation or discrimination against employee who reports or participates in investigation or proceeding relating to sentinel event or certain conduct of osteopathic physician prohibited; restriction of right prohibited.

REGULATION AND DISCIPLINE

General Provisions

NRS 633.509 Jurisdiction of Board over licensee unaffected by expiration or voluntary surrender of license.

NRS 633.511 Grounds for initiating disciplinary action.

NRS 633.521 Prescribing or administering certain drugs or controlled substances or engaging in activity relating to medical use of marijuana not grounds for disciplinary action under certain circumstances.

Reports, Complaints, Investigations and Preliminary Proceedings

NRS 633.524 Osteopathic physician required to report certain information concerning surgeries; effect of failure to report; duties of Board; confidentiality of report; applicability.

NRS 633.526 Insurer of osteopathic physician required to report certain information concerning malpractice; administrative penalties for failure to report.

NRS 633.527 Osteopathic physician required to report certain information concerning malpractice and sanctions imposed against osteopathic physician; administrative penalties for failure to report; reports deemed public records.

NRS 633.528 Board required to conduct investigation after receiving certain reports concerning malpractice.

NRS 633.529 Board authorized to order certain examinations of osteopathic physician after receiving certain reports concerning malpractice.

NRS 633.531 Mandatory or optional filing of complaint.

NRS 633.533 Period for mandatory filing of complaint; reporting of certain information relating to competency of osteopathic physician or osteopathic physician’s assistant; noncompliance by medical facility or society.

NRS 633.541 Review of complaint by designated member of Board; investigation of complaint; formal complaint.

NRS 633.561 Mental or physical examination.

NRS 633.571 Examination of medical competency.

NRS 633.581 Limit on time for completing examination when Board issues summary order of suspension.

NRS 633.591 Stay by court of Board’s summary order of suspension prohibited; exception.

NRS 633.601 Injunctive relief.

NRS 633.611 Certain records relating to investigation deemed confidential; certain records relating to disciplinary action deemed public records; dissemination of records to other entities. [Repealed.]

Disciplinary Proceedings

NRS 633.621 Commencement of disciplinary proceedings required for certain violations of Industrial Insurance Act.

NRS 633.625 Submission of fingerprints required upon initiation of disciplinary action; additional grounds for disciplinary action.

NRS 633.631 Service of process.

NRS 633.641 Requirements for proof.

NRS 633.651 Required disciplinary action for violations; private reprimands prohibited; orders imposing discipline deemed public records.

NRS 633.660 Hearing officers and panels: Delegation of authority by Board.

NRS 633.665 Hearing officers and panels: Powers.

NRS 633.671 Judicial review.

NRS 633.681 Reinstatement of license.

Miscellaneous Provisions

NRS 633.691 Immunity from civil action.

NRS 633.701 Limitation or termination of licensee’s privileges or criminal prosecution not precluded by disciplinary action; immunity from civil liability.

NRS 633.706 Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Expires by limitation 2 years after the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

INJUNCTIVE RELIEF; PROSECUTION; PENALTIES

NRS 633.711 Injunctive relief against person practicing without license.

NRS 633.721 Sufficiency of allegations in criminal complaint charging unlawful practice.

NRS 633.731 Prosecution of violators; employment of investigators and assistants.

NRS 633.741 Unlawful acts; penalty.

_________

GENERAL PROVISIONS

NRS 633.011 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 633.021 to 633.131, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 1977, 939; A 2001, 491; 2005, 259)

NRS 633.021 “Board” defined. “Board” means the State Board of Osteopathic Medicine.

(Added to NRS by 1977, 939)

NRS 633.025 “Complaint” defined. “Complaint” means a written complaint filed with the Board pursuant to the provisions of NRS 633.531.

(Added to NRS by 2001, 491)

NRS 633.031 “Employing osteopathic physician” defined. “Employing osteopathic physician” means an osteopathic physician licensed in this State who employs and supervises an osteopathic physician’s assistant with Board approval.

(Added to NRS by 1977, 939)

NRS 633.033 “Formal complaint” defined. “Formal complaint” means a complaint filed with the Board pursuant to the provisions of NRS 633.541.

(Added to NRS by 2001, 491)

NRS 633.041 “Gross malpractice” defined. “Gross malpractice” means malpractice where the failure to exercise the requisite degree of care, diligence or skill consists of:

1. Performing surgery upon or otherwise ministering to a patient while the osteopathic physician is under the influence of alcohol or any controlled substance;

2. Gross negligence;

3. Willful disregard of established medical procedures; or

4. Willful and consistent use of medical procedures, services or treatment considered by osteopathic physicians in the community to be inappropriate or unnecessary in the cases where used.

(Added to NRS by 1977, 939; A 1987, 1558)

NRS 633.051 “Healing art” defined. “Healing art” means any system, treatment, operation, diagnosis, prescription or practice for the ascertainment, cure, relief, palliation, adjustment or correction of any human disease, ailment, deformity, injury, or unhealthy or abnormal physical or mental condition for the practice of which long periods of specialized education and training and a degree of specialized knowledge of an intellectual as well as physical nature are required.

(Added to NRS by 1977, 940)

NRS 633.055 “Hearing officer” defined. “Hearing officer” means a person to whom the Board has delegated its authority pursuant to subsection 1 of NRS 633.660.

(Added to NRS by 2005, 259)

NRS 633.061 “Hospital internship” defined. “Hospital internship” means a 1-year internship in a general hospital conforming to the minimum standards for intern training established by the American Osteopathic Association.

(Added to NRS by 1977, 940)

NRS 633.071 “Malpractice” defined. “Malpractice” means failure on the part of an osteopathic physician to exercise the degree of care, diligence and skill ordinarily exercised by osteopathic physicians in good standing in the community in which he practices.

(Added to NRS by 1977, 940)

NRS 633.081 “Osteopathic medicine” and “osteopathy” defined. “Osteopathic medicine” or “osteopathy” means the school of medicine which:

1. Utilizes full methods of diagnosis and treatment in physical and mental health and disease, including the prescribing and administering of drugs and biologicals of all kinds, operative surgery, obstetrics, radiological and other electromagnetic emission; and

2. Places emphasis on the interrelationship of the musculoskeletal system to all other body systems.

(Added to NRS by 1977, 940)

NRS 633.091 “Osteopathic physician” defined. “Osteopathic physician” means a person who:

1. Is a graduate of an academic program approved by the Board or is qualified to perform medical services by reason of general education, practical training and experience determined by the Board to be satisfactory; and

2. Has received from the Board a license to practice osteopathic medicine.

(Added to NRS by 1977, 940)

NRS 633.101 “Osteopathic physician’s assistant” defined. “Osteopathic physician’s assistant” means a person who is approved by the Board to perform medical services under the supervision of an employing osteopathic physician.

(Added to NRS by 1977, 940)

NRS 633.105 “Panel” defined. “Panel” means a group of persons to whom the Board has delegated its authority pursuant to subsection 2 of NRS 633.660.

(Added to NRS by 2005, 259)

NRS 633.111 “Professional incompetence” defined. “Professional incompetence” means lack of ability safely and skillfully to practice osteopathic medicine, or to practice one or more of its specified branches, arising from:

1. Lack of knowledge or training;

2. Impaired physical or mental capability of the osteopathic physician;

3. Indulgence in the use of alcohol or any controlled substance; or

4. Any other sole or contributing cause.

(Added to NRS by 1977, 940)

NRS 633.121 “School of osteopathic medicine” defined. “School of osteopathic medicine” means a legally chartered osteopathic school or college which:

1. Is accredited by the Bureau of Professional Education of the American Osteopathic Association; and

2. Requires as a prerequisite to graduation with the degree of doctor of osteopathy or doctor of osteopathic medicine actual attendance at the school and successful completion of its curriculum.

(Added to NRS by 1977, 940)

NRS 633.131 “Unprofessional conduct” defined.

1. “Unprofessional conduct” includes:

(a) Willfully making a false or fraudulent statement or submitting a forged or false document in applying for a license to practice osteopathic medicine or in applying for renewal of a license to practice osteopathic medicine.

(b) Failure of a licensee to designate his school of practice in the professional use of his name by the term D.O., osteopathic physician, doctor of osteopathy or a similar term.

(c) Directly or indirectly giving to or receiving from any person, corporation or other business organization any fee, commission, rebate or other form of compensation for sending, referring or otherwise inducing a person to communicate with an osteopathic physician in his professional capacity or for any professional services not actually and personally rendered, except as otherwise provided in subsection 2.

(d) Employing, directly or indirectly, any suspended or unlicensed person in the practice of osteopathic medicine, or the aiding or abetting of any unlicensed person to practice osteopathic medicine.

(e) Advertising the practice of osteopathic medicine in a manner which does not conform to the guidelines established by regulations of the Board.

(f) Engaging in any:

(1) Professional conduct which is intended to deceive or which the Board by regulation has determined is unethical; or

(2) Medical practice harmful to the public or any conduct detrimental to the public health, safety or morals which does not constitute gross or repeated malpractice or professional incompetence.

(g) Administering, dispensing or prescribing any controlled substance or any dangerous drug as defined in chapter 454 of NRS, otherwise than in the course of legitimate professional practice or as authorized by law.

(h) Habitual drunkenness or habitual addiction to the use of a controlled substance.

(i) Performing, assisting in or advising an unlawful abortion or the injection of any liquid silicone substance into the human body.

(j) Willful disclosure of a communication privileged pursuant to a statute or court order.

(k) Willful disobedience of the regulations of the State Board of Health, the State Board of Pharmacy or the State Board of Osteopathic Medicine.

(l) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any prohibition made in this chapter.

(m) Failure of a licensee to maintain timely, legible, accurate and complete medical records relating to the diagnosis, treatment and care of a patient.

(n) Making alterations to the medical records of a patient that the licensee knows to be false.

(o) Making or filing a report which the licensee knows to be false.

(p) Failure of a licensee to file a record or report as required by law, or willfully obstructing or inducing any person to obstruct such filing.

(q) Failure of a licensee to make medical records of a patient available for inspection and copying as provided by NRS 629.061.

2. It is not unprofessional conduct:

(a) For persons holding valid licenses issued pursuant to this chapter to practice osteopathic medicine in partnership under a partnership agreement or in a corporation or an association authorized by law, or to pool, share, divide or apportion the fees and money received by them or by the partnership, corporation or association in accordance with the partnership agreement or the policies of the board of directors of the corporation or association;

(b) For two or more persons holding valid licenses issued pursuant to this chapter to receive adequate compensation for concurrently rendering professional care to a patient and dividing a fee if the patient has full knowledge of this division and if the division is made in proportion to the services performed and the responsibility assumed by each; or

(c) For a person licensed pursuant to the provisions of this chapter to form an association or other business relationship with an optometrist pursuant to the provisions of NRS 636.373.

(Added to NRS by 1977, 941; A 1987, 801, 1558; 1995, 2563; 2005, 259)

NRS 633.151 License as revocable privilege. The purpose of licensing osteopathic physicians and osteopathic physicians’ assistants is to protect the public health and safety and the general welfare of the people of this State. Any license issued pursuant to this chapter is a revocable privilege and a holder of such a license does not acquire thereby any vested right.

(Added to NRS by 1977, 942)

NRS 633.161 Rights and duties of osteopathic physicians.

1. Osteopathic physicians have the same rights as physicians of other schools of medicine in all respects, including but not limited to the treatment of patients and the holding of offices in public institutions.

2. All state and local government regulations relative to the reporting of births and deaths in any matter pertaining to the public health apply to osteopathic physicians with the same effect as to physicians of other schools of medicine. Such reports by osteopathic physicians shall be accepted by the officers of the agency to which they are made.

(Added to NRS by 1977, 942)

NRS 633.171 Applicability.

1. This chapter does not apply to:

(a) The practice of medicine pursuant to chapter 630 of NRS, dentistry, chiropractic, podiatry, optometry, respiratory care, faith or Christian Science healing, nursing, veterinary medicine or fitting hearing aids.

(b) A medical officer of the Armed Services or a medical officer of any division or department of the United States in the discharge of his official duties.

(c) Osteopathic physicians who are called into this State, other than on a regular basis, for consultation or assistance to a physician licensed in this State, and who are legally qualified to practice in the state where they reside.

2. This chapter does not repeal or affect any law of this State regulating or affecting any other healing art.

3. This chapter does not prohibit:

(a) Gratuitous services of a person in cases of emergency.

(b) The domestic administration of family remedies.

(Added to NRS by 1977, 942; A 1995, 1793)

STATE BOARD OF OSTEOPATHIC MEDICINE

NRS 633.181 Number and appointment of members. The State Board of Osteopathic Medicine consists of seven members appointed by the Governor.

(Added to NRS by 1977, 942; A 2003, 1192)

NRS 633.191 Qualifications of members.

1. Five members of the Board must:

(a) Be licensed under this chapter;

(b) Be actually engaged in the practice of osteopathic medicine in this State; and

2. One member of the Board must be a resident of the State of Nevada and must represent the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care. This member must not be licensed under the provisions of this chapter.

3. The remaining member of the Board must be a resident of the State of Nevada who is:

(a) Not licensed in any state to practice any healing art;

(b) Not the spouse or the parent or child, by blood, marriage or adoption, of a person licensed in any state to practice any healing art; and

(c) Not actively engaged in the administration of any medical facility or facility for the dependent as defined in chapter 449 of NRS.

(Added to NRS by 1977, 942; A 1985, 1767; 2003, 1192)

NRS 633.201 Terms and replacement of members.

1. After the initial terms, members serve terms of 4 years, except when appointed to fill unexpired terms.

2. If a member fails to attend meetings of the Board or to the business of the Board, as determined necessary in its discretion, the Board shall notify the Governor, and the Governor shall appoint a person qualified under this chapter to replace the member for the remainder of the unexpired term.

(Added to NRS by 1977, 943; A 1981, 70)

NRS 633.211 Oaths of office. Before entering upon the duties of his office, each member of the Board shall take:

1. The constitutional oath of office; and

2. An oath that he is legally qualified to serve on the Board.

(Added to NRS by 1977, 943)

NRS 633.221 Officers.

1. The Board shall elect from its members a President, a Vice President and a Secretary-Treasurer, who shall hold their respective offices at its pleasure.

2. The Board may fix and pay a salary to the Secretary-Treasurer.

(Added to NRS by 1977, 943)

NRS 633.231 Meetings; quorum.

1. The Board shall meet at least twice annually and may meet at other times on the call of the President or a majority of its members.

2. A majority of the Board constitutes a quorum to transact all business.

(Added to NRS by 1977, 943)

NRS 633.241 Compensation of members and employees.

1. Each member of the Board is entitled to receive:

(a) A salary of not more than $80 per day, as fixed by the Board, while engaged in its business; and

(b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

2. While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

(Added to NRS by 1977, 943; A 1981, 1992; 1983, 957; 1985, 444; 1989, 1698)

NRS 633.251 Fiscal year. The Board shall operate on the basis of a fiscal year commencing on July 1 and terminating on June 30.

(Added to NRS by 1977, 943)

NRS 633.261 Payment of Board’s expenses from fees; deposit of money received by Board.

1. All reasonable expenses incurred by the Board in carrying out the provisions of this chapter shall be paid from the fees which it receives, and no part of the salaries or expenses of the Board may be paid out of the General Fund of the State Treasury.

2. All money received by the Board shall be deposited in banks, credit unions or savings and loan associations in this State and shall be paid out on its order for its expenses.

(Added to NRS by 1977, 943; A 1999, 1533)

NRS 633.271 Executive Director; offices; employees. The Board may:

1. Appoint an Executive Director who is entitled to such compensation as is determined by the Board.

2. Maintain offices in as many localities in the State as it finds necessary to carry out the provisions of this chapter.

3. Employ attorneys, hearing officers, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.

(Added to NRS by 1977, 943; A 2001, 491; 2005, 261)

NRS 633.281 Oaths; subpoenas.

1. For the purposes of this chapter:

(a) The Secretary of the Board, or in his absence any member of the Board, or a hearing officer may administer oaths.

(b) The Secretary or President of the Board or a hearing officer or panel may issue subpoenas to compel the attendance of witnesses and the production of books and papers.

2. If any witness refuses to attend or testify or produce any books and papers as required by the subpoena, the Secretary or President of the Board may report to the district court by petition, setting forth that:

(a) Due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

(b) The witness has been subpoenaed by the Board pursuant to this section; and

(c) The witness has failed or refused to attend or produce the books and papers required by the subpoena before the Board which is named in the subpoena, or has refused to answer questions propounded to him,

Ê and asking for an order of the court compelling the witness to comply with the subpoena.

3. Upon such petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why he has not complied with the subpoena. A certified copy of the order must be served upon the witness.

4. If it appears to the court that the subpoena was regularly issued by the Board, hearing officer or panel, the court shall enter an order that the witness appear before the Board, hearing officer or panel at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order, the witness must be dealt with as for contempt of court.

(Added to NRS by 1977, 944; A 2005, 261)

NRS 633.286 Reports to Governor and Legislature.

1. On or before February 15 of each odd-numbered year, the Board shall submit to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report compiling:

(a) Disciplinary action taken by the Board during the previous biennium against osteopathic physicians for malpractice or negligence; and

(b) Information reported to the Board during the previous biennium pursuant to NRS 633.524, 633.526, 633.527, subsections 2 and 3 of NRS 633.533 and NRS 690B.250 and 690B.260.

2. The report must include only aggregate information for statistical purposes and exclude any identifying information related to a particular person.

(Added to NRS by 2002 Special Session, 22; A 2003, 3442; 2005, 2516)

NRS 633.291 Regulations. The Board shall adopt and enforce regulations necessary to enable it to carry out its duties under this chapter, including but not limited to regulations which establish the principles of medical ethics to be used as the basis for determining whether conduct which does not constitute malpractice is unethical.

(Added to NRS by 1977, 944)

NRS 633.301 Records; confidentiality of certain records; exceptions.

1. The Board shall keep a record of its proceedings relating to licensing and disciplinary actions. Except as otherwise provided in this section, the record must be open to public inspection at all reasonable times and contain the name, known place of business and residence, and the date and number of the license of every osteopathic physician licensed under this chapter.

2. Except as otherwise provided in this section, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

3. The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all other documents and information considered by the Board when determining whether to impose discipline are public records.

4. The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

(Added to NRS by 1977, 944; A 2003, 3442; 2005, 765)

LICENSING

NRS 633.311 Qualifications of applicants. Except as otherwise provided in NRS 633.315, an applicant for a license to practice osteopathic medicine may be issued a license by the Board if:

1. He is 21 years of age or older;

2. He is a citizen of the United States or is lawfully entitled to remain and work in the United States;

3. He is a graduate of a school of osteopathic medicine;

4. He:

(a) Has graduated from a school of osteopathic medicine before 1995 and has completed:

(1) A hospital internship; or

(2) One year of postgraduate training that complies with the standards of intern training established by the American Osteopathic Association;

(b) Has completed 3 years of postgraduate medical education as a resident in the United States or Canada in a program approved by the Board, the Bureau of Professional Education of the American Osteopathic Association or the Accreditation Council for Graduate Medical Education; or

(c) Is a resident who is enrolled in a postgraduate training program in this State, has completed 24 months of the program and has committed, in writing, that he will complete the program;

5. He applies for the license as provided by law;

6. He passes:

(a) All parts of the licensing examination of the National Board of Osteopathic Medical Examiners;

(b) All parts of the licensing examination of the Federation of State Medical Boards of the United States, Inc.;

(c) All parts of the licensing examination of the Board, a state, territory or possession of the United States, or the District of Columbia, and he is certified by a specialty board of the American Osteopathic Association or by the American Board of Medical Specialties; or

(d) A combination of the parts of the licensing examinations specified in paragraphs (a), (b) and (c) of this subsection that is approved by the Board;

7. He pays the fees provided for in this chapter; and

8. He submits all information required to complete an application for a license.

(Added to NRS by 1977, 945; A 1989, 598, 1483; 1991, 1073; 1997, 2127; 2001, 491; 2005, 2724, 2807)

NRS 633.315 Effect of revocation of license in another jurisdiction for gross medical negligence.

1. The Board shall not issue a license to practice osteopathic medicine to an applicant who has been licensed to practice any type of medicine in another jurisdiction and whose license was revoked for gross medical negligence by that jurisdiction.

2. The Board may revoke the license of any person licensed to practice osteopathic medicine in this State if it determines that the person had a license to practice any type of medicine in another jurisdiction which was revoked for gross medical negligence by that jurisdiction.

3. The revocation of a license to practice any type of medicine in another jurisdiction on grounds other than grounds which would constitute revocation for gross medical negligence constitutes grounds for initiating disciplinary action or denying the issuance of a license.

4. For the purposes of this section, the Board shall adopt by regulation a definition of gross medical negligence.

(Added to NRS by 1991, 1072)

NRS 633.321 Applications: Filing; action by Board.

1. Every applicant for a license shall:

(a) File an application with the Board in the manner prescribed by regulations of the Board;

(b) Submit verified proof satisfactory to the Board that he meets the age, citizenship and educational requirements prescribed by this chapter; and

2. An application filed with the Board pursuant to subsection 1 must include all information required to complete the application.

3. The Board may hold hearings and conduct investigations into any matter related to the application and, in addition to the proofs required by subsection 1, may take such further evidence and require such other documents or proof of qualifications as it deems proper.

4. The Board may reject an application if it appears that any credential submitted is false.

(Added to NRS by 1977, 945; A 1997, 2128; 2001, 492; 2005, 2725, 2807)

NRS 633.322 Submission of certificate of completion of progressive postgraduate training. In addition to the other requirements for licensure, an applicant shall cause to be submitted to the Board a certificate of completion of progressive postgraduate training from the residency program where the applicant received training.

(Added to NRS by 2003, 3441)

NRS 633.324 Submission of certain information concerning claims for malpractice, complaints and disciplinary action involving applicant.

1. In addition to the other requirements for licensure, an applicant for a license to practice osteopathic medicine shall submit to the Board information describing:

(a) Any claims made against the applicant for malpractice, whether or not a civil action was filed concerning the claim;

(b) Any complaints filed against the applicant with a licensing board of another state and any disciplinary action taken against the applicant by a licensing board of another state; and

(c) Any complaints filed against the applicant with a hospital, clinic or medical facility or any disciplinary action taken against the applicant by a hospital, clinic or medical facility.

2. The Board shall not issue a license to the applicant until it has received all the information required by this section.

(Added to NRS by 2003, 3440)

1. In addition to any other requirements set forth in this chapter:

(a) An applicant for the issuance of a license to practice osteopathic medicine shall include the social security number of the applicant in the application submitted to the Board.

(b) An applicant for the issuance or renewal of a license to practice osteopathic medicine shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

2. The Board shall include the statement required pursuant to subsection 1 in:

(a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

(b) A separate form prescribed by the Board.

3. A license to practice osteopathic medicine may not be issued or renewed by the Board if the applicant:

(a) Fails to submit the statement required pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

4. If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

(Added to NRS by 1997, 2126; A 2005, 2726, 2807)

1. In addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a license to practice osteopathic medicine shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

2. The Board shall include the statement required pursuant to subsection 1 in:

(a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

(b) A separate form prescribed by the Board.

3. A license to practice osteopathic medicine may not be issued or renewed by the Board if the applicant:

(a) Fails to submit the statement required pursuant to subsection 1; or

(Added to NRS by 1997, 2126; A 2005, 2726, 2807, effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

NRS 633.328 Submission of fingerprints. In addition to any other requirements set forth in this chapter, each applicant for a license to practice osteopathic medicine, except a temporary or special license, or each osteopathic physician’s assistant for whom an application to employ an osteopathic physician’s assistant is submitted to the Board must submit to the Board a complete set of his fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

(Added to NRS by 2003, 1174; A 2005, 2527)

NRS 633.331 Examinations.

1. Examinations must be held at least once a year at the time and place fixed by the Board. The Board shall notify each applicant in writing of the examinations.

2. The examination must be fair and impartial, practical in character, and the questions must be designed to discover the applicant’s fitness.

3. The Board may employ specialists and other professional consultants or examining services in conducting the examination.

4. Each member who is not licensed in any state to practice any healing art shall not participate in preparing, conducting or grading any examination required by the Board.

(Added to NRS by 1977, 945, 1252; A 1987, 404; 2003, 1193)

NRS 633.341 Reexaminations.

1. If an applicant fails in a first examination, he may be reexamined after not less than 6 months.

2. If he fails in a second examination, he is not thereafter entitled to another examination within less than 1 year after the date of the second examination, and prior thereto he shall furnish proof to the Board of further postgraduate study following the second examination satisfactory to the Board.

3. Each applicant who fails an examination and who is permitted to be reexamined shall pay for each reexamination the reexamination fee specified in this chapter.

4. If an applicant does not appear for examination, for any reason deemed sufficient by the Board, the Board may refund a portion of the application and initial license fee not to exceed $100 upon the request of the applicant. An applicant is not entitled to a refund of the application and initial license fee if he appears for examination.

(Added to NRS by 1977, 945; A 2001, 492)

NRS 633.351 Right of appeal of unsuccessful applicant. Any unsuccessful applicant may appeal to the district court to review the action of the Board, if he files his appeal within 6 months from the date of the rejection of his application by the Board. Upon appeal the applicant has the burden of showing that the action of the Board is erroneous or unlawful.

(Added to NRS by 1977, 945)

NRS 633.361 Issuance of license without examination.

1. Except as otherwise provided in NRS 633.315, the Board may issue a license without examination to a person:

(a) Who has completed a hospital internship and is licensed in any country, state, territory or province to practice osteopathic medicine, if the licensing requirements of that country, state, territory or province at the time the license was issued are deemed by the Board to be practically equivalent to the licensing requirements in force in this State at that time.

(b) Who is a graduate of a school of osteopathic medicine, has completed a hospital internship and passed an examination for admission into the medical corps of any of the Armed Forces of the United States or the United States Public Health Service or who possesses a certificate from the National Board of Examiners for Osteopathic Physicians and Surgeons.

2. Any person applying for a license under the provisions of subsection 1 shall:

(a) Furnish to the Board such proof of qualifications and pass an oral examination as the Board may require; and

(b) Pay in advance to the Board the application and initial license fee specified in this chapter.

(Added to NRS by 1977, 946; A 1991, 1073; 2001, 493)

NRS 633.371 Display of license. Every license must be displayed in the office or place of business or employment of its holder.

(Added to NRS by 1977, 946; A 1979, 156, 958)

NRS 633.381 Licenses issued before July 1, 1977, remain effective. All valid licenses to practice osteopathic medicine issued prior to July 1, 1977, remain in full effect but are subject to the provisions of this chapter.

(Added to NRS by 1977, 946)

NRS 633.391 Temporary licenses.

1. The Board may issue a temporary license to authorize a person who is qualified to practice osteopathic medicine in this State to serve as a substitute for an osteopathic physician who is absent from his practice.

2. Each applicant for such a license shall pay the temporary license fee specified in this chapter.

3. A temporary license is valid for not more than 6 months after issuance and is not renewable.

(Added to NRS by 1977, 946)

NRS 633.401 Special licenses: Physician from adjoining state; resident enrolled in postgraduate training program; specified purposes.

1. Except as otherwise provided in NRS 633.315, the Board may issue a special license:

(a) To authorize a person who is licensed to practice osteopathic medicine in an adjoining state to come into Nevada to care for or assist in the treatment of his patients in association with an osteopathic physician in this State who has primary care of the patients.

(b) To a resident while he is enrolled in a postgraduate training program required pursuant to the provisions of paragraph (c) of subsection 4 of NRS 633.311.

(c) For a specified period and for specified purposes to a person who is licensed to practice osteopathic medicine in another jurisdiction.

2. A special license issued under this section may be renewed by the Board upon application of the licensee.

3. Every person who applies for or renews a special license under this section shall pay respectively the special license fee or special license renewal fee specified in this chapter.

(Added to NRS by 1977, 946; A 1989, 1484; 1991, 1073; 2001, 493)

NRS 633.411 Special licenses: Resident medical officer; professional employee of State or United States.

1. Except as otherwise provided in NRS 633.315, the Board may issue a special license to a person qualified under this section to authorize him to serve:

(a) As a resident medical officer in any hospital in Nevada. A person issued such a license shall practice osteopathic medicine only within the confines of the hospital specified in the license and under the supervision of the regular medical staff of that hospital.

(b) As a professional employee of the State of Nevada or of the United States. A person issued such a license shall practice osteopathic medicine only within the scope of his employment and under the supervision of the appropriate state or federal medical agency.

2. An applicant for a special license under this section must:

(a) Be a graduate of a school of osteopathic medicine and have completed a hospital internship.

(b) Pay the special license fee specified in this chapter.

3. The Board shall not issue a license under subsection 1 unless it has received a letter from a hospital in Nevada or from the appropriate state or federal medical agency requesting issuance of the special license to the applicant.

4. A special license issued under this section:

(a) Must be issued at a meeting of the Board or between its meetings by its President and Secretary subject to approval at the next meeting of the Board.

(b) Is valid for a period not exceeding 1 year, as determined by the Board.

(c) May be renewed by the Board upon application and payment by the licensee of the special license renewal fee specified in this chapter.

(d) Does not entitle the licensee to engage in the private practice of osteopathic medicine.

5. The issuance of a special license under this section does not obligate the Board to grant any regular license to practice osteopathic medicine.

(Added to NRS by 1977, 947; A 1991, 1074)

NRS 633.421 Licenses to bear seal and signatures of Board’s officers; authority to practice osteopathic medicine. Each license issued by the Board:

1. Shall bear a seal adopted by the Board and the signatures of its President and Secretary; and

2. Authorizes the holder to practice osteopathic medicine so long as it is kept in force by appropriate renewal and is not revoked or suspended.

(Added to NRS by 1977, 947)

NRS 633.431 Osteopathic physicians’ assistants: Training programs and standards.

1. The Board shall issue certificates of approval for programs of health care training for osteopathic physicians’ assistants, if the programs meet Board standards.

2. In developing criteria for program approval the Board shall give consideration to and encourage the utilization of equivalency and proficiency testing and other means whereby full credit is given to persons in training for past education and experience in the healing arts.

3. The Board shall develop and enforce standards to insure that the programs operate in a manner which does not endanger the health and welfare of the patients who receive services within the scope of the programs.

4. The Board shall review from time to time the quality of the curriculum, faculty and facilities of the programs to assure that standards prerequisite to its approval continue to be met.

5. The Board shall not give preference to residents of Nevada nor to health care training programs conducted in Nevada in approving the employment of osteopathic physicians’ assistants.

(Added to NRS by 1977, 947)

NRS 633.441 Osteopathic physicians’ assistants: Application to employ assistant.

1. An application to employ an osteopathic physician’s assistant shall be made to the Board by an osteopathic physician and may not be made by the proposed assistant.

2. Each application shall include information showing:

(a) The qualifications, including related experience, possessed by the proposed osteopathic physician’s assistant.

(b) The professional background and speciality of the applying osteopathic physician.

(c) A description by the osteopathic physician of his practice and the way in which the assistant is to be employed and supervised.

(Added to NRS by 1977, 948)

NRS 633.451 Osteopathic physicians’ assistants: Approval of application to employ assistant; issuance and renewal of certificate.

1. The Board shall approve an application by an osteopathic physician to employ and supervise an osteopathic physician’s assistant when the Board finds that the proposed assistant is a graduate of an approved program and is fully qualified by reason of experience and education to perform medical services under the supervision of the physician.

2. If the Board approves such an application, the Board shall grant a certificate to assist the osteopathic physician upon receipt of the fees required in this chapter. An osteopathic physician’s assistant shall not assist an osteopathic physician unless he has a current certificate to assist that physician. A certificate issued pursuant to this subsection must be renewed annually.

(Added to NRS by 1977, 948; A 1983, 958)

NRS 633.461 Osteopathic physician’s assistant: Scope of authorized activities.

1. An osteopathic physician’s assistant may perform such medical services as the Board has authorized, if those services are performed under the supervision of an employing osteopathic physician. The services authorized must pertain to the practice of osteopathic medicine and not to the practice of any other healing art regulated in this State or to the business of selling and fitting hearing aids.

2. The Board shall limit the authority of an osteopathic physician’s assistant to prescribe controlled substances to those schedules of controlled substances which his supervising osteopathic physician is authorized to prescribe pursuant to state and federal law.

3. NRS 633.741 does not prevent the service of an osteopathic physician’s assistant when his service is approved as provided in this chapter.

(Added to NRS by 1977, 948; A 1995, 1711)

NRS 633.466 Osteopathic physician’s assistant: Supervision by physician.

1. An osteopathic physician’s assistant may, under his certificate, be supervised by a physician licensed to practice medicine in this State in place of his employing osteopathic physician if:

(a) The osteopathic physician’s assistant works in a geographical area where he can be conveniently supervised only by a physician;

(b) The osteopathic physician’s assistant remains in the employ of his employing osteopathic physician;

(d) The Board of Osteopathic Medicine and the Board of Medical Examiners approve it.

2. For the purposes of chapter 630 of NRS, an osteopathic physician’s assistant so supervised is not a physician’s assistant solely because of that supervision and continues to practice osteopathic medicine.

3. The Board shall adopt jointly with the Board of medical examiners regulations necessary to administer the provisions of this section.

(Added to NRS by 1981, 574)

NRS 633.471 Renewal of license: Prerequisites; notice to licensee; evidence of continuing medical education; exemption from fee.

1. Except as otherwise provided in subsection 4 and in NRS 633.491, every holder of a license issued under this chapter, except a temporary or a special license, may renew his license on or before January 1 of each calendar year after its issuance by:

(a) Applying for renewal on forms provided by the Board;

(b) Paying the annual license renewal fee specified in this chapter;

(c) Submitting a list of all actions filed or claims submitted to arbitration or mediation for malpractice or negligence against him during the previous year;

(d) Submitting an affidavit to the Board that in the year preceding the application for renewal he has attended courses or programs of continuing education approved by the Board totaling a number of hours established by the Board which must not be less than 35 hours nor more than that set in the requirements for continuing medical education of the American Osteopathic Association; and

(e) Submitting all information required to complete the renewal.

2. The Secretary of the Board shall notify each licensee of the requirements for renewal not less than 30 days before the date of renewal.

3. The Board shall request submission of verified evidence of completion of the required number of hours of continuing medical education annually from no fewer than one-third of the applicants for renewal of a license. Upon a request from the Board, an applicant for renewal of a license shall submit verified evidence satisfactory to the Board that in the year preceding the application for renewal he attended courses or programs of continuing medical education approved by the Board totaling the number of hours established by the Board.

4. Members of the Armed Forces of the United States and the United States Public Health Service are exempt from payment of the annual license renewal fee during their active duty status.

(Added to NRS by 1977, 948; A 1983, 958; 1987, 404; 1997, 2128; 2002 Special Session, 23; 2005, 262, 2727, 2807)

NRS 633.481 Renewal of license: Revocation of license on expiration of notice of failure to renew; waiver of requirements for continuing education; restoration of license.

1. Except as otherwise provided in subsection 2, if a licensee fails to comply with the requirements of NRS 633.471 within 30 days after the renewal date, the Board shall give 30 days’ notice of failure to renew and of revocation of license by certified mail to the licensee at his last address registered with the Board. If the license is not renewed before the expiration of the 30 days’ notice, the license is automatically revoked without any further notice or a hearing and the Board shall file a copy of the notice with the Drug Enforcement Administration of the United States Department of Justice or its successor agency.

2. A licensee who fails to meet the continuing education requirements for license renewal may apply to the Board for a waiver of the requirements. The Board may grant a waiver for that year only if it finds that the failure is due to the licensee’s disability, military service or absence from the United States, or to circumstances beyond the control of the licensee which are deemed by the Board to excuse the failure.

3. A person whose license is revoked under this section may apply to the Board for restoration of his license upon:

(a) Payment of all past due renewal fees and the late payment fee specified in this chapter;

(b) Producing verified evidence satisfactory to the Board of completion of the total number of hours of continuing education required for the year preceding the renewal date and for each year succeeding the date of revocation;

(c) Stating under oath in writing that he has not withheld information from the Board which if disclosed would furnish grounds for disciplinary action under this chapter; and

(d) Submitting all information required to complete the restoration of his license.

(Added to NRS by 1977, 948; A 1981, 1133; 1997, 2129; 2005, 2727, 2807)

NRS 633.491 Renewal of license of retired licensee; inactive status; procedure to restore active status.

1. A licensee who retires from the practice of osteopathic medicine need not annually renew his license after he files with the Board an affidavit stating the date on which he retired from practice and such other facts to verify his retirement as the Board deems necessary.

2. A retired licensee who desires to return to practice may apply to renew his license by paying all back annual license renewal fees from the date of retirement and submitting verified evidence satisfactory to the Board that he has attended continuing education courses or programs approved by the Board which total:

(a) Twenty-five hours if he has been retired 1 year or less.

(b) Fifty hours within 12 months of the date of the application if he has been retired for more than 1 year.

3. A licensee who wishes to have his license placed on inactive status must provide the Board with an affidavit stating the date on which he will cease the practice of osteopathic medicine in Nevada and any other facts that the Board may require. The Board shall place the license of the licensee on inactive status upon receipt of:

(a) The affidavit required pursuant to this subsection; and

(b) Payment of the inactive license fee prescribed by NRS 633.501.

4. A licensee whose license has been placed on inactive status:

(a) Need not annually renew his license.

(b) Shall annually pay the inactive license fee prescribed by NRS 633.501.

5. A licensee whose license is on inactive status and who wishes to renew his license to practice osteopathic medicine must:

(a) Provide to the Board verified evidence satisfactory to the Board of completion of the total number of hours of continuing medical education required for:

(1) The year preceding the date of the application for renewal of the license to practice osteopathic medicine; and

(2) Each year succeeding the date the license was placed on inactive status.

(b) Provide to the Board an affidavit stating that the applicant has not withheld from the Board any information which would provide grounds for disciplinary action pursuant to this chapter.

(Added to NRS by 1977, 949; A 2005, 263)

NRS 633.501 Fees. The Board shall charge and collect fees not to exceed the following amounts:

1. Application and initial license fee......................................................................... $800

2. Annual license renewal fee...................................................................................... 500

3. Temporary license fee............................................................................................... 500

4. Special license fee..................................................................................................... 200

5. Special license renewal fee....................................................................................... 200

6. Reexamination fee...................................................................................................... 200

7. Late payment fee....................................................................................................... 300

8. For a certificate as an osteopathic physician’s assistant................................... 500

9. Renewal of a certificate as an osteopathic physician’s assistant...................... 300

10. For an application to employ an osteopathic physician’s assistant............... 500

11. Inactive license fee.................................................................................................. 200

(Added to NRS by 1977, 949; A 1983, 958; 1987, 404; 2001, 493; 2005, 263)

EMPLOYEES

1. An osteopathic physician or any agent or employee thereof shall not retaliate or discriminate unfairly against an employee of the osteopathic physician or a person acting on behalf of the employee who in good faith:

(a) Reports to the Board information relating to the conduct of the osteopathic physician which may constitute grounds for initiating disciplinary action against the osteopathic physician or which otherwise raises a reasonable question regarding the competence of the osteopathic physician to practice medicine with reasonable skill and safety to patients;

(b) Reports a sentinel event to the Health Division pursuant to NRS 439.835; or

(c) Cooperates or otherwise participates in an investigation or proceeding conducted by the Board or another governmental entity relating to conduct described in paragraph (a) or (b).

2. An osteopathic physician or any agent or employee thereof shall not retaliate or discriminate unfairly against an employee of the osteopathic physician because the employee has taken an action described in subsection 1.

3. An osteopathic physician or any agent or employee thereof shall not prohibit, restrict or attempt to prohibit or restrict by contract, policy, procedure or any other manner the right of an employee of the osteopathic physician to take an action described in subsection 1.

4. As used in this section, “retaliate or discriminate”:

(a) Includes, without limitation, the following action if such action is taken solely because the employee took an action described in subsection 1:

(1) Frequent or undesirable changes in the location where the employee works;

(2) Frequent or undesirable transfers or reassignments;

(3) The issuance of letters of reprimand, letters of admonition or evaluations of poor performance;

(4) A demotion;

(5) A reduction in pay;

(6) The denial of a promotion;

(7) A suspension;

(8) A dismissal;

(9) A transfer; or

(10) Frequent changes in working hours or workdays.

(b) Does not include action described in subparagraphs (1) to (10), inclusive, of paragraph (a) if the action is taken in the normal course of employment or as a form of discipline.

(Added to NRS by 2002 Special Session, 21; A 2003, 325)

NRS 633.507 Retaliation or discrimination against employee who reports or participates in investigation or proceeding relating to sentinel event or certain conduct of osteopathic physician: Legal recourse of employee. An employee of an osteopathic physician who believes that he has been retaliated or discriminated against in violation of NRS 633.505 may file an action in a court of competent jurisdiction for such relief as may be appropriate under the law.

(Added to NRS by 2002 Special Session, 22; A 2003, 325)

REGULATION AND DISCIPLINE

General Provisions

NRS 633.509 Jurisdiction of Board over licensee unaffected by expiration or voluntary surrender of license. The expiration of a license by operation of law or by order or decision of the Board or a court, or the voluntary surrender of a license by a licensee, does not deprive the Board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.

(Added to NRS by 2003, 3441)

NRS 633.511 Grounds for initiating disciplinary action. The grounds for initiating disciplinary action pursuant to this chapter are:

1. Unprofessional conduct.

2. Conviction of:

(a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

(b) A felony relating to the practice of osteopathic medicine;

(d) Murder, voluntary manslaughter or mayhem;

(e) Any felony involving the use of a firearm or other deadly weapon;

(f) Assault with intent to kill or to commit sexual assault or mayhem;

(g) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime;

(h) Abuse or neglect of a child or contributory delinquency; or

(i) Any offense involving moral turpitude.

3. The suspension of the license to practice osteopathic medicine by any other jurisdiction.

4. Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.

5. Professional incompetence.

6. Failure to comply with the requirements of NRS 633.527.

7. Failure to comply with the requirements of subsection 3 of NRS 633.471.

(Added to NRS by 1977, 949; A 1981, 594; 1987, 1559; 1991, 1074; 1993, 786; 2002 Special Session, 24; 2003, 2710, 3442; 2005, 264, 2528)

1. Prescribing or administering to a patient under his care:

(a) Amygdalin (laetrile), if the patient has consented to the use of the substance.

(b) Procaine hydrochloride with preservatives and stabilizers (Gerovital H3).

(c) A controlled substance which is listed in schedule II, III, IV or V by the State Board of Pharmacy pursuant to NRS 453.146, if the controlled substance is lawfully prescribed or administered for the treatment of intractable pain in accordance with accepted standards for the practice of osteopathic medicine.

2. Engaging in any activity in accordance with the provisions of chapter 453A of NRS.

(Added to NRS by 1977, 1647; A 1983, 337; 1995, 1734; 2003, 1435)

Reports, Complaints, Investigations and Preliminary Proceedings

NRS 633.524 Osteopathic physician required to report certain information concerning surgeries; effect of failure to report; duties of Board; confidentiality of report; applicability.

1. The Board shall require each holder of a license issued pursuant to this chapter to submit annually to the Board, on a form provided by the Board, and in the format required by the Board by regulation, a report:

(a) Stating the number and type of surgeries requiring conscious sedation, deep sedation or general anesthesia performed by the holder of the license at his office or any other facility, excluding any surgical care performed:

(1) At a medical facility as that term is defined in NRS 449.0151; or

(2) Outside of this State; and

(b) Reporting the occurrence of any sentinel event arising from any such surgery.

2. Failure to submit a report or knowingly filing false information in a report constitutes grounds for initiating disciplinary action.

3. The Board shall:

(a) Collect and maintain reports received pursuant to subsection 1; and

(b) Ensure that the reports, and any additional documents created from the reports, are protected adequately from fire, theft, loss, destruction and other hazards, and from unauthorized access.

4. A report received pursuant to subsection 1 is confidential, not subject to subpoena or discovery, and not subject to inspection by the general public.

5. The provisions of this section do not apply to surgical care requiring only the administration of oral medication to a patient to relieve the patient’s anxiety or pain, if the medication is not given in a dosage that is sufficient to induce in a patient a controlled state of depressed consciousness or unconsciousness similar to general anesthesia, deep sedation or conscious sedation.

6. As used in this section:

(a) “Conscious sedation” means a minimally depressed level of consciousness, produced by a pharmacologic or nonpharmacologic method, or a combination thereof, in which the patient retains the ability independently and continuously to maintain an airway and to respond appropriately to physical stimulation and verbal commands.

(b) “Deep sedation” means a controlled state of depressed consciousness, produced by a pharmacologic or nonpharmacologic method, or a combination thereof, and accompanied by a partial loss of protective reflexes and the inability to respond purposefully to verbal commands.

(c) “General anesthesia” means a controlled state of unconsciousness, produced by a pharmacologic or nonpharmacologic method, or a combination thereof, and accompanied by partial or complete loss of protective reflexes and the inability independently to maintain an airway and respond purposefully to physical stimulation or verbal commands.

(d) “Sentinel event” means an unexpected occurrence involving death or serious physical or psychological injury or the risk thereof, including, without limitation, any process variation for which a recurrence would carry a significant chance of serious adverse outcome. The term includes loss of limb or function.

(Added to NRS by 2005, 2515)

NRS 633.526 Insurer of osteopathic physician required to report certain information concerning malpractice; administrative penalties for failure to report.

1. The insurer of an osteopathic physician licensed under this chapter shall report to the Board:

(a) Any action for malpractice against the osteopathic physician not later than 45 days after the osteopathic physician receives service of a summons and complaint for the action;

(b) Any claim for malpractice against the osteopathic physician that is submitted to arbitration or mediation not later than 45 days after the claim is submitted to arbitration or mediation; and

(c) Any settlement, award, judgment or other disposition of any action or claim described in paragraph (a) or (b) not later than 45 days after the settlement, award, judgment or other disposition.

2. The Board shall report any failure to comply with subsection 1 by an insurer licensed in this State to the Division of Insurance of the Department of Business and Industry. If, after a hearing, the Division of Insurance determines that any such insurer failed to comply with the requirements of subsection 1, the Division may impose an administrative fine of not more than $10,000 against the insurer for each such failure to report. If the administrative fine is not paid when due, the fine must be recovered in a civil action brought by the Attorney General on behalf of the Division.

(Added to NRS by 2002 Special Session, 22; A 2003, 3442)

1. An osteopathic physician shall report to the Board:

(a) Any action for malpractice against the osteopathic physician not later than 45 days after the osteopathic physician receives service of a summons and complaint for the action;

(b) Any claim for malpractice against the osteopathic physician that is submitted to arbitration or mediation not later than 45 days after the claim is submitted to arbitration or mediation;

(c) Any settlement, award, judgment or other disposition of any action or claim described in paragraph (a) or (b) not later than 45 days after the settlement, award, judgment or other disposition; and

(d) Any sanctions imposed against the osteopathic physician that are reportable to the National Practitioner Data Bank not later than 45 days after the sanctions are imposed.

2. If the Board finds that an osteopathic physician has violated any provision of this section, the Board may impose a fine of not more than $5,000 against the osteopathic physician for each violation, in addition to any other fines or penalties permitted by law.

3. All reports made by an osteopathic physician pursuant to this section are public records.

(Added to NRS by 2003, 3441)

NRS 633.528 Board required to conduct investigation after receiving certain reports concerning malpractice. If the Board receives a report pursuant to the provisions of NRS 633.526, 633.527, 690B.250 or 690B.260 indicating that a judgment has been rendered or an award has been made against an osteopathic physician regarding an action or claim for malpractice or that such an action or claim against the osteopathic physician has been resolved by settlement, the Board shall conduct an investigation to determine whether to impose disciplinary action against the osteopathic physician regarding the action or claim, unless the Board has already commenced or completed such an investigation regarding the action or claim before it receives the report.

(Added to NRS by 2003, 3441)

NRS 633.529 Board authorized to order certain examinations of osteopathic physician after receiving certain reports concerning malpractice.

1. Notwithstanding the provisions of chapter 622A of NRS, if the Board receives a report pursuant to the provisions of NRS 633.526, 633.527, 690B.250 or 690B.260 indicating that a judgment has been rendered or an award has been made against an osteopathic physician regarding an action or claim for malpractice or that such an action or claim against the osteopathic physician has been resolved by settlement, the Board may order that the osteopathic physician undergo a mental or physical examination or an examination testing his competence to practice medicine by osteopathic physicians or other examinations designated by the Board to assist the Board or any investigative committee of the Board in determining the fitness of the osteopathic physician to practice medicine.

2. For the purposes of this section:

(a) Every osteopathic physician who applies for a license or who holds a license under this chapter shall be deemed to have given his consent to submit to a mental or physical examination or an examination testing his competence to practice medicine when ordered to do so in writing by the Board.

(b) The testimony or reports of the examining osteopathic physician are not privileged communications.

(Added to NRS by 2003, 3441; A 2005, 765)

NRS 633.531 Mandatory or optional filing of complaint. The Board or any of its members, any medical review panel of a hospital or medical society which becomes aware that any one or combination of the grounds for initiating disciplinary action may exist as to a person practicing osteopathic medicine in this State shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the Board.

(Added to NRS by 1977, 950; A 2001, 494)

1. Any person, medical school or medical facility that becomes aware that a person practicing osteopathic medicine in this State has, is or is about to become engaged in conduct which constitutes grounds for initiating disciplinary action shall file a written complaint with the Board within 30 days after becoming aware of the conduct.

2. Any hospital, clinic or other medical facility licensed in this State, or medical society, shall report to the Board any change in an osteopathic physician’s privileges to practice osteopathic medicine while the osteopathic physician is under investigation and the outcome of any disciplinary action taken by that facility or society against the osteopathic physician concerning the care of a patient or the competency of the osteopathic physician within 30 days after the change in privileges is made or disciplinary action is taken. The Board shall report any failure to comply with this subsection by a hospital, clinic or other medical facility licensed in this State to the Health Division of the Department of Health and Human Services. If, after a hearing, the Health Division determines that any such facility or society failed to comply with the requirements of this subsection, the Division may impose an administrative fine of not more than $10,000 against the facility or society for each such failure to report. If the administrative fine is not paid when due, the fine must be recovered in a civil action brought by the Attorney General on behalf of the Division.

3. The clerk of every court shall report to the Board any finding, judgment or other determination of the court that an osteopathic physician or osteopathic physician’s assistant:

(a) Is mentally ill;

(b) Is mentally incompetent;

(d) Is guilty of abuse or fraud under any state or federal program providing medical assistance; or

(e) Is liable for damages for malpractice or negligence,

Ê within 45 days after such a finding, judgment or determination is made.

4. On or before January 15 of each year, the clerk of every court shall submit to the Office of Court Administrator created pursuant to NRS 1.320 a written report compiling the information that the clerk reported during the previous year to the Board regarding osteopathic physicians pursuant to paragraph (e) of subsection 3.

(Added to NRS by 2002 Special Session, 23)

NRS 633.541 Review of complaint by designated member of Board; investigation of complaint; formal complaint.

1. When a complaint is filed with the Board, the Board shall designate a member of the Board to review the complaint.

2. If the member of the Board determines that the complaint is not frivolous, he shall conduct an investigation of the complaint to determine whether there is a reasonable basis for the complaint. In performing the investigation, the member of the Board may request the assistance of the Attorney General or contract with a private investigator designated by the Executive Director of the Board who is licensed pursuant to chapter 648 of NRS or any other person designated by the Executive Director of the Board.

3. If, after conducting the investigation pursuant to subsection 2, the member of the Board determines that there is a reasonable basis for the complaint and that a violation of a provision of this chapter has occurred, the member of the Board may file a formal complaint with the Board specifying the grounds for disciplinary action.

(Added to NRS by 1977, 950; A 2001, 494)

NRS 633.561 Mental or physical examination.

1. Notwithstanding the provisions of chapter 622A of NRS, if the Board or a member of the Board designated to review a complaint pursuant to NRS 633.541 has reason to believe that the conduct of an osteopathic physician has raised a reasonable question as to his competence to practice osteopathic medicine with reasonable skill and safety to patients, the Board or the member designated by the Board may require the osteopathic physician to submit to a mental or physical examination by physicians designated by the Board.

2. For the purposes of this section:

(a) Every physician who is licensed under this chapter who accepts the privilege of practicing osteopathic medicine in this State shall be deemed to have given his consent to submit to a mental or physical examination if directed to do so in writing by the Board.

(b) The testimony or examination reports of the examining physicians are not privileged communications.

3. Except in extraordinary circumstances, as determined by the Board, the failure of a physician who is licensed under this chapter to submit to an examination if directed as provided in this section constitutes an admission of the charges against him.

US Laws, Codes, Statutes & Cases

Chapter 633 — Osteopathic Medicine

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