2005 Nevada Revised Statutes - Chapter 630 — Physicians, Physician Assistants and Practitioners of Respiratory Care

CHAPTER 630 - PHYSICIANS, PHYSICIANASSISTANTS AND PRACTITIONERS OF RESPIRATORY CARE

GENERAL PROVISIONS

NRS 630.003 Legislativedeclaration.

NRS 630.005 Definitions.

NRS 630.007 Administrativephysician defined.

NRS 630.010 Boarddefined.

NRS 630.0122 Healingart defined.

NRS 630.0135 Medicalfacility defined.

NRS 630.014 Physiciandefined.

NRS 630.015 Physicianassistant defined.

NRS 630.020 Practiceof medicine defined.

NRS 630.021 Practiceof respiratory care defined.

NRS 630.023 Practitionerof respiratory care defined.

NRS 630.024 Respiratorycare defined.

NRS 630.025 Supervisingphysician defined.

NRS 630.045 Purposeof licensing; license is revocable privilege.

NRS 630.047 Applicability.

NRS 630.049 Placeat which act constituting practice of medicine deemed to occur.

BOARD OF MEDICAL EXAMINERS

Organization and Administration

NRS 630.050 Appointmentof members: Number; limitation on consecutive terms.

NRS 630.060 Qualificationsof members.

NRS 630.070 Terms,removal and replacement of members.

NRS 630.075 Appointmentof physician or member of public to serve as advisory member of Board.

NRS 630.080 Oathor affirmation of office.

NRS 630.090 Officers.

NRS 630.100 Meetings:Frequency; requirements concerning telephone or video conference; quorum.

NRS 630.103 ExecutiveDirector of Board: Employment and discharge; serves as chief administrativeofficer; level of compensation.

NRS 630.106 Otheremployees of Board: Employment and discharge; conditions and limitationsregarding hearing officers.

NRS 630.110 Compensationof members and employees; disposition of money received by Board.

NRS 630.120 Seal;licenses to bear seal and signatures.

NRS 630.123 Fiscalyear.

NRS 630.125 Offices.

NRS 630.127 Performanceaudits of Board.

 

General Powers and Duties

NRS 630.130 Enforcementof chapter; establishment of standards; administration of examinations;investigation of applicants and issuance of licenses; institution of courtproceedings; submission of reports; adoption of regulations.

NRS 630.135 Boardrequired to define intractable pain by regulation.

NRS 630.137 Boardprohibited from adopting certain regulations concerning collaboration orconsultation among providers of health care.

NRS 630.140 Hearingsand investigations; oaths; subpoenas.

NRS 630.144 Website:General requirements and restrictions concerning posting of information.

NRS 630.146 Website:Additional requirements concerning posting of information relating topharmaceutical manufacturers.

LICENSING

General Provisions

NRS 630.160 Requirementsfor license to practice medicine.

NRS 630.1605 Requirementsfor license by endorsement to practice medicine.

NRS 630.161 Effectof revocation of license in another jurisdiction for gross medical negligence.

NRS 630.165 Applicationand affidavit for license; additional requirements; burden of proof.

NRS 630.167 Applicantto submit fingerprints.

NRS 630.170 Applicantto furnish evidence of graduation from accredited medical school.

NRS 630.171 Applicantto furnish certificate of completion of progressive postgraduate training.

NRS 630.173 Applicantto furnish certain information concerning claims for malpractice, complaintsand disciplinary action involving applicant.

NRS 630.175 Reportingof certain additional information concerning application.

NRS 630.180 Examinations.

NRS 630.195 Applicantwho is graduate of foreign medical school must furnish evidence of degree andcertificate.

NRS 630.197 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license; duty of Board. [Effective until the date of the repeal ofthe federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

NRS 630.197 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license; duty of Board. [Effective on the date of the repeal of thefederal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings and expires bylimitation 2 years after that date.]

NRS 630.200 Delayor denial of application: Grounds; notice; appeal.

NRS 630.220 Recordsof issuance or denial of licenses: Contents; inspection.

NRS 630.250 Validityof license issued before July 1, 1985.

NRS 630.253 Activelicensees: Continuing education.

NRS 630.254 Activelicensees: Notice of change of mailing address; notice of change of location orclose of office located in State; location of records.

NRS 630.255 Inactivelicensees: Leaving State; ceasing or failing to practice; notice of change ofmailing address; reinstatement.

NRS 630.257 Reexaminationof licensee who does not practice for certain period.

 

Special Categories of Licenses

NRS 630.258 Specialvolunteer medical license.

NRS 630.259 Licenseas administrative physician.

NRS 630.261 Locumtenens, special, restricted, temporary and special purpose licenses.

NRS 630.262 Restrictedlicense to practice medicine as psychiatrist in certain mental health centers.

NRS 630.263 Restrictedlicense to practice medicine in certain medical specialties for which there arecritically unmet needs.

NRS 630.264 Restrictedlicense to practice medicine in medically underserved area of county.

NRS 630.265 Limitedlicense to practice medicine as resident physician.

 

Biennial Registration; Fees

NRS 630.267 Biennialregistration: Submission of list and fee; suspension and reinstatement oflicense; notice to licensee.

NRS 630.268 Fees;cost of special meeting to be paid by person requesting meeting.

PHYSICIAN ASSISTANTS

NRS 630.271 Authorizedservices.

NRS 630.273 Issuanceand conditions of license.

NRS 630.275 Boardto adopt regulations concerning licensure.

PRACTITIONERS OF RESPIRATORY CARE

NRS 630.276 Licensedphysician required to supervise respiratory care.

NRS 630.277 Requirements;prohibitions; intern in respiratory care.

NRS 630.278 Applicationfor license to include social security number. [Repealed.]

NRS 630.279 Regulationsconcerning licensure.

EMPLOYEES

NRS 630.293 Retaliationor discrimination against employee who reports or participates in investigationor proceeding relating to sentinel event or certain conduct of physicianprohibited; restriction of right prohibited.

NRS 630.296 Retaliationor discrimination against employee who reports or participates in investigationor proceeding relating to sentinel event or certain conduct of physician: Legalrecourse of employee.

REGULATION AND DISCIPLINE

General Provisions

NRS 630.298 Jurisdictionof Board over licensee unaffected by expiration or voluntary surrender oflicense.

NRS 630.299 Authorityof Board or investigative committee to issue letter of warning, letter ofconcern or nonpunitive admonishment.

 

Grounds for Initiating Disciplinary Action or Denying Licensure

NRS 630.301 Criminaloffenses; revocation, suspension or other modification of previous license;surrender of previous license while under investigation; malpractice; engagingin sexual activity with patient; disruptive behavior; violating or exploitingtrust of patient for financial or personal gain; failure to offer appropriatecare with intent to positively influence financial well-being; engaging indisreputable conduct; engaging in sexual contact with surrogate of patient orrelatives of patient.

NRS 630.304 Misrepresentationin obtaining or reviewing license; false advertising; practicing under anothername; signing blank prescription forms; influencing patient to engage in sexualactivity; discouraging second opinion; terminating care without adequatenotice.

NRS 630.305 Acceptingcompensation to influence evaluation or treatment; inappropriate division offees; inappropriate referral to health facility, laboratory or commercialestablishment; charging for services not rendered; aiding practice byunlicensed person; delegating responsibility to unqualified person; failing todisclose conflict of interest; failing to initiate performance of communityservice; exception.

NRS 630.306 Inabilityto practice medicine; deceptive conduct; violation of statute or regulationgoverning practice of medicine; unlawful distribution of controlled substance;injection of silicone; practice beyond scope of license; practicingexperimental medicine without consent of patient; lack of skill or diligence;filing of false report; habitual intoxication; failure to report modificationof license in another jurisdiction.

NRS 630.3062 Failureto maintain proper medical records; altering medical records; making falsereport; failure to file or obstructing required report; failure to allowinspection and copying of medical records; failure to report other person inviolation of chapter or regulations.

NRS 630.3065 Willfuldisclosure of privileged communication; willful failure to comply with statuteor regulation governing practice of medicine.

NRS 630.3066 Prescribingor administering certain controlled substances for treatment of intractablepain not grounds for initiating disciplinary action.

 

Reports, Complaints, Investigations and Preliminary Proceedings

NRS 630.30665 Physicianrequired to report certain information concerning surgeries; effect of failureto report; duties of Board; confidentiality of report; applicability.

NRS 630.3067 Insurerof physician required to report certain information concerning malpractice;administrative penalties for failure to report.

NRS 630.3068 Physicianrequired to report certain information concerning malpractice and sanctionsimposed against physician; administrative penalties for failure to report;reports deemed public records.

NRS 630.3069 Boardrequired to conduct investigation after receiving certain reports concerningmalpractice.

NRS 630.307 Generalrequirements for filing complaint; medical facilities and societies required toreport certain information concerning physicians privileges and disciplinaryaction; administrative penalties for failure to report; clerk of court requiredto report certain information concerning court actions.

NRS 630.309 Requirementsfor filing complaint against physician assistant or practitioner of respiratorycare.

NRS 630.311 Reviewof complaint; investigation; composition of committee; filing of complaint withBoard.

NRS 630.318 Physicalor mental examination of physician; examination to determine medicalcompetence.

NRS 630.326 Limitationof time for completion of examination if Board issues order suspending license.

NRS 630.329 Stayof order of suspension by court prohibited.

NRS 630.336 Confidentialityof certain proceedings, reports, complaints, investigations, records and otherinformation; exceptions.

 

Disciplinary Proceedings

NRS 630.339 Noticeof hearing and charges to be furnished to licensee.

NRS 630.342 Submissionof fingerprints required upon initiation of disciplinary action; additionalgrounds for disciplinary action.

NRS 630.344 Serviceof process.

NRS 630.346 Requirementsfor proof.

NRS 630.348 Standardsfor revocation of license.

NRS 630.352 Dispositionof charges: Service of order finding violation or notice of dismissal ofcharges; disclosure of complaint; required disciplinary action for violations;private reprimands prohibited; orders imposing discipline deemed publicrecords.

NRS 630.355 Actsconstituting contempt; stay of related disciplinary proceedings; transfer ofjurisdiction to district court; penalties; manner in which person may purgehimself of contempt.

NRS 630.356 Judicialreview; effective date of order; stay of Boards order by court prohibited.

NRS 630.358 Restorationof license.

 

Miscellaneous Provisions

NRS 630.364 Immunityfrom civil action.

NRS 630.366 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation 2 years after thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

PRESCRIPTIONS FOR OPHTHALMIC LENSES

NRS 630.375 Formfor prescription; requirements for initial fitting of contact lenses.

INJUNCTIVE RELIEF

NRS 630.388 Authorityof Board to apply for injunctive relief.

NRS 630.390 Sufficiencyof allegations in application for injunctive relief.

UNLAWFUL ACTS; PENALTIES

NRS 630.400 Penaltyfor certain violations.

NRS 630.405 Penaltyfor failure to make records concerning health care available for inspection orcopying.

NRS 630.411 Unauthorizeduse of insignia, license or documents prohibited.

_________

 

GENERAL PROVISIONS

NRS 630.003 Legislativedeclaration.

1. The Legislature finds and declares that:

(a) It is among the responsibilities of StateGovernment to ensure, as far as possible, that only competent persons practicemedicine and respiratory care within this State;

(b) For the protection and benefit of the public, theLegislature delegates to the Board of Medical Examiners the power and duty todetermine the initial and continuing competence of physicians, physicianassistants and practitioners of respiratory care who are subject to theprovisions of this chapter;

(c) The Board must exercise its regulatory power toensure that the interests of the medical profession do not outweigh theinterests of the public;

(d) The Board must ensure that unfit physicians, physicianassistants and practitioners of respiratory care are removed from the medicalprofession so that they will not cause harm to the public; and

(e) The Board must encourage and allow for public inputinto its regulatory activities to further improve the quality of medicalpractice within this State.

2. The powers conferred upon the Board by this chaptermust be liberally construed to carry out these purposes for the protection andbenefit of the public.

(Added to NRS by 1975, 411; A 1977, 820; 1985, 2224;1987, 729; 2001, 759;2003, 3430)

NRS 630.005 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS630.007 to 630.025, inclusive, havethe meanings ascribed to them in those sections.

(Added to NRS by 1975, 412; A 1983, 302; 1985, 2224; 2001, 760; 2003, 1886)

NRS 630.007 Administrativephysician defined. Administrative physicianmeans a physician who is licensed only to act in an administrative capacity asan:

1. Officer or employee of a state agency;

2. Independent contractor pursuant to a contract withthe State; or

3. Officer, employee or independent contractor of aprivate insurance company, medical facility or medical care organization, andwho does not examine or treat patients in a clinical setting.

(Added to NRS by 2003, 1884; A 2005, 2513)

NRS 630.010 Boarddefined. Board means the Board of Medical Examiners.

[Part 2:169:1949; 1943 NCL 4107.02](NRS A 1975,414; 1985, 2224)

NRS 630.0122 Healingart defined. Healing art means any system,treatment, operation, diagnosis, prescription or practice for theascertainment, cure, relief, palliation, adjustment or correction of any humandisease, ailment, deformity, injury, or unhealthy or abnormal physical ormental condition for the practice of which long periods of specializededucation and training and a degree of specialized knowledge of an intellectualas well as physical nature are required.

(Added to NRS by 1985, 2221)

NRS 630.0135 Medicalfacility defined. Medical facility has themeaning ascribed to it in NRS 449.0151.

(Added to NRS by 1985, 2221)

NRS 630.014 Physiciandefined. Physician means a person who hascomplied with all the requirements of this chapter for the practice ofmedicine.

(Added to NRS by 1975, 412; A 1985, 2224)

NRS 630.015 Physicianassistant defined. Physician assistantmeans a person who is a graduate of an academic program approved by the Boardor who, by general education, practical training and experience determined tobe satisfactory by the Board, is qualified to perform medical services underthe supervision of a supervising physician and who has been issued a license bythe Board.

(Added to NRS by 1973, 503; A 1975, 414; 1997, 679; 2001, 760)

NRS 630.020 Practiceof medicine defined. Practice of medicinemeans:

1. To diagnose, treat, correct, prevent or prescribefor any human disease, ailment, injury, infirmity, deformity or othercondition, physical or mental, by any means or instrumentality.

2. To apply principles or techniques of medicalscience in the diagnosis or the prevention of any such conditions.

3. To perform any of the acts described in subsections1 and 2 by using equipment that transfers information concerning the medicalcondition of the patient electronically, telephonically or by fiber optics.

4. To offer, undertake, attempt to do or hold oneselfout as able to do any of the acts described in subsections 1 and 2.

[Part 17:169:1949; 1943 NCL 4107.17](NRS A 1973,504; 1975, 415; 1985, 1036, 2225; 1995, 1734; 2003, 438, 1886, 3430)

NRS 630.021 Practiceof respiratory care defined. Practice ofrespiratory care includes:

1. Therapeutic and diagnostic use of medical gases,humidity and aerosols and the maintenance of associated apparatus;

2. The administration of drugs and medications to thecardiopulmonary system;

3. The provision of ventilatory assistance andcontrol;

4. Postural drainage and percussion, breathingexercises and other respiratory rehabilitation procedures;

5. Cardiopulmonary resuscitation and maintenance ofnatural airways and the insertion and maintenance of artificial airways;

6. Carrying out the written orders of a physician,physician assistant, certified registered nurse anesthetist or an advancedpractitioner of nursing relating to respiratory care;

7. Techniques for testing to assist in diagnosis,monitoring, treatment and research related to respiratory care, including themeasurement of ventilatory volumes, pressures and flows, collection of bloodand other specimens, testing of pulmonary functions and hemodynamic and otherrelated physiological monitoring of the cardiopulmonary system; and

8. Training relating to the practice of respiratorycare.

(Added to NRS by 2001, 758)

NRS 630.023 Practitionerof respiratory care defined. Practitioner ofrespiratory care means a person who is:

1. Certified to engage in the practice of respiratorycare by the National Board for Respiratory Care or its successor organization;and

2. Licensed by the Board.

(Added to NRS by 2001, 758)

NRS 630.024 Respiratorycare defined. Respiratory care means thetreatment, management, diagnostic testing, control and care of persons withdeficiencies and abnormalities associated with the cardiopulmonary system. Theterm includes inhalation and respiratory therapy.

(Added to NRS by 2001, 758)

NRS 630.025 Supervisingphysician defined. Supervising physicianmeans an active physician licensed in the State of Nevada who employs and supervisesa physician assistant.

(Added to NRS by 1973, 504; A 1975, 415; 1997, 680; 2001, 760)

NRS 630.045 Purposeof licensing; license is revocable privilege.

1. The purpose of licensing physicians, physicianassistants and practitioners of respiratory care is to protect the publichealth and safety and the general welfare of the people of this State.

2. Any license issued pursuant to this chapter is arevocable privilege, but the Board may revoke such a license only in accordancewith the provisions of NRS 630.348.

(Added to NRS by 1975, 413; A 2001, 760; 2003, 3430)

NRS 630.047 Applicability.

1. This chapter does not apply to:

(a) A medical officer or practitioner of respiratorycare of the armed services or a medical officer or practitioner of respiratorycare of any division or department of the United States in the discharge of hisofficial duties;

(b) Physicians who are called into this State, otherthan on a regular basis, for consultation with or assistance to a physicianlicensed in this State, and who are legally qualified to practice in the statewhere they reside;

(c) Physicians who are legally qualified to practice inthe state where they reside and come into this State on an irregular basis to:

(1) Obtain medical training approved by theBoard from a physician who is licensed in this State; or

(2) Provide medical instruction or trainingapproved by the Board to physicians licensed in this State;

(d) Any person permitted to practice any other healingart under this title who does so within the scope of that authority, or healingby faith or Christian Science;

(e) Thepractice of respiratory care by a student as part of a program of study inrespiratory care that is approved by the Board, or is recognized by a nationalorganization which is approved by the Board to review such programs, if thestudent is enrolled in the program and provides respiratory care only under thesupervision of a practitioner of respiratory care;

(f) Thepractice of respiratory care by a student who:

(1) Isenrolled in a clinical program of study in respiratory care which has beenapproved by the Board;

(2) Isemployed by a medical facility, as defined in NRS 449.0151; and

(3) Providesrespiratory care to patients who are not in a critical medical condition or, inan emergency, to patients who are in a critical medical condition and apractitioner of respiratory care is not immediately available to provide thatcare and the student is directed by a physician to provide respiratory careunder his supervision until a practitioner of respiratory care is available;

(g) Thepractice of respiratory care by a person on himself or gratuitous respiratorycare provided to a friend or a member of a persons family if the provider ofthe care does not represent himself as a practitioner of respiratory care;

(h) A cardiopulmonaryperfusionist who is under the supervision of a surgeon or an anesthesiologist;

(i) A personwho is employed by a physician and provides respiratory care under thesupervision of that physician;

(j) Themaintenance of medical equipment for respiratory care that is not attached to apatient; and

(k) A person who installs medical equipment forrespiratory care that is used in the home and gives instructions regarding theuse of that equipment if the person is trained to provide such services and issupervised by a provider of health care who is acting within the authorizedscope of his practice.

2. This chapter does not repeal or affect any statuteof Nevada regulating or affecting any other healing art.

3. This chapter does not prohibit:

(a) Gratuitous services outside of a medical school ormedical facility by a person who is not a physician, physician assistant orpractitioner of respiratory care in cases of emergency.

(b) The domestic administration of family remedies.

[Part 1:169:1949; 1943 NCL 4107.01] + [Part17:169:1949; 1943 NCL 4107.17](NRS A 1969, 905; 1973, 518; 1977, 964; 1985,2225; 1987, 192; 2001,760)

NRS 630.049 Placeat which act constituting practice of medicine deemed to occur. For the purposes of this chapter, any act that constitutesthe practice of medicine shall be deemed to occur at the place where thepatient is located at the time the act is performed.

(Added to NRS by 2001, 758)

BOARD OF MEDICAL EXAMINERS

Organization and Administration

NRS 630.050 Appointmentof members: Number; limitation on consecutive terms.

1. The Board of Medical Examiners consists of ninemembers appointed by the Governor.

2. No person may be appointed as a member of the Boardto serve for more than two consecutive full terms, but he may be reappointedafter the lapse of 4 years.

[Part 2:169:1949; 1943 NCL 4107.02](NRS A 1977,307; 1985, 2225)

NRS 630.060 Qualificationsof members.

1. Six members of the Board must be persons who arelicensed to practice medicine in this State, are actually engaged in thepractice of medicine in this State and have resided and practiced medicine inthis State for at least 5 years preceding their respective appointments.

2. One memberof the Board must be a person who has resided in this State for at least 5years and who represents the interests of persons or agencies that regularly providehealth care to patients who are indigent, uninsured or unable to afford healthcare. This member must not be licensed under the provisions of this chapter.

3. The remaining two members of the Board must bepersons who have resided in this State for at least 5 years and who:

(a) Are not licensed in any state to practice anyhealing art;

(b) Are not thespouse or the parent or child, by blood, marriage or adoption, of a personlicensed in any state to practice any healing art;

(c) Are not actively engaged in the administration ofany facility for the dependent as defined in chapter449 of NRS, medical facility or medical school; and

(d) Do not have a pecuniary interest in any matter pertainingto the healing arts, except as a patient or potential patient.

4. The members of the Board must be selected withoutregard to their individual political beliefs.

[Part 2:169:1949; 1943 NCL 4107.02](NRS A 1973,506; 1977, 307; 1985, 1766, 2226; 2003, 1189, 3431; 2003, 20thSpecial Session, 265)

NRS 630.070 Terms,removal and replacement of members.

1. After the initial terms, the term of office of eachmember of the Board is 4 years. If a person is appointed to fill the unexpiredterm of a member which is more than 2 years, he shall be deemed to have serveda full term.

2. A member of the Board may be removed by theGovernor for good cause, and the Governor shall appoint a person qualifiedunder this chapter to replace the member for the remainder of the unexpiredterm.

[Part 2:169:1949; 1943 NCL 4107.02](NRS A 1973,506; 1977, 308; 1981, 69; 1985, 2226)

NRS 630.075 Appointmentof physician or member of public to serve as advisory member of Board. The Board may, by majority vote, select physicians andmembers of the public, who must meet the same qualifications as required formembers of the Board, to serve as advisory members of the Board. One or more advisorymembers may be designated by the Board to assist a committee of its members inan investigation as provided in NRS 630.311but may not vote on any matter before the committee. Advisory members may alsoserve as members of the panel selected to hear charges as provided in NRS 630.339 and may vote on any recommendationmade by the panel to the Board.

(Added to NRS by 1985, 2221)

NRS 630.080 Oathor affirmation of office. Before entering uponthe duties of his office, each member of the Board shall take:

1. The constitutional oath or affirmation of office;and

2. An oath or affirmation that he is legally qualifiedto serve on the Board.

[Part 3:169:1949; 1943 NCL 4107.03](NRS A 1973,506; 1977, 308; 1985, 2226)

NRS 630.090 Officers.

1. The Board shall elect from its members a President,a Vice President and a Secretary-Treasurer. The officers of the Board shallhold their respective offices during its pleasure.

2. The Secretary-Treasurer shall receive a salary, theamount of which shall be determined by the Board.

[Part 3:169:1949; 1943 NCL 4107.03] + [Part5:169:1949; 1943 NCL 4107.05] + [Part 6:169:1949; 1943 NCL 4107.06](NRS A1985, 2227)

NRS 630.100 Meetings:Frequency; requirements concerning telephone or video conference; quorum.

1. The Board shall meet at least twice annually andmay meet at other times on the call of the President or a majority of itsmembers.

2. Meetings ofthe Board must be held at a location at which members of the general public maytestify via telephone or video conference between Las Vegas and Carson City orReno.

3. A majority of the Board or of any committee orpanel appointed by the Board constitutes a quorum. If there is a quorum, a voteof the majority of the members present is all that is necessary to transact anybusiness before the Board or the committee or panel appointed by the Board.

[4:169:1949; 1943 NCL 4107.04] + [Part 7:169:1949;1943 NCL 4107.07](NRS A 1973, 506; 1985, 2227; 2003, 3431)

NRS 630.103 ExecutiveDirector of Board: Employment and discharge; serves as chief administrativeofficer; level of compensation.

1. The Board shall employ a person as the ExecutiveDirector of the Board.

2. The Executive Director serves as the chiefadministrative officer of the Board at a level of compensation set by theBoard.

3. The Executive Director is an at-will employee whoserves at the pleasure of the Board.

(Added to NRS by 2003, 3426; A 2005, 2513)

NRS 630.106 Otheremployees of Board: Employment and discharge; conditions and limitationsregarding hearing officers.

1. The Board may employ hearing officers, experts,administrators, attorneys, investigators, consultants and clerical personnelnecessary to the discharge of its duties.

2. Each employee of the Board is an at-will employeewho serves at the pleasure of the Board. The Board may discharge an employee ofthe Board for any reason that does not violate public policy, including,without limitation, making a false representation to the Board.

3. A hearing officer employed by the Board shall notact in any other capacity for the Board or occupy any other position ofemployment with the Board, and the Board shall not assign the hearing officerany duties which are unrelated to the duties of a hearing officer.

4. If a person resigns his position as a hearingofficer or the Board terminates the person from his position as a hearingofficer, the Board may not rehire the person in any position of employment withthe Board for a period of 2 years following the date of the resignation ortermination. The provisions of this subsection do not give a person any rightto be rehired by the Board and do not permit the Board to rehire a person whois prohibited from being employed by the Board pursuant to any other provisionof law.

(Added to NRS by 2003, 3426)

NRS 630.110 Compensationof members and employees; disposition of money received by Board.

1. Out of the money coming into the possession of theBoard, each member and advisory member of the Board is entitled to receive:

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

(b) A per diem allowance and travel expenses at a ratefixed by the Board, while engaged in the business of the Board. The rate mustnot exceed the rate provided for state officers and employees generally.

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

3. Expenses of the Board and the expenses and salariesof its members and employees must be paid from the fees received by the Boardpursuant to the provisions of this chapter, and no part of the salaries orexpenses of the Board may be paid out of the State General Fund or from thepenalties imposed by the Board pursuant to this chapter.

4. All money received by the Board from:

(a) Fees must be deposited in financial institutions inthis State that are federally insured or insured by a private insurer pursuantto NRS 678.755, invested in treasurybills or notes of the United States, deposited in institutions in this Statewhose business is the making of investments, or invested as authorized by NRS 355.140.

(b) Penalties must be deposited with the StateTreasurer for credit to the State General Fund.

[Part 6:169:1949; 1943 NCL 4107.06](NRS A 1963,149; 1973, 507; 1975, 303; 1981, 1992; 1985, 2227; 1989, 1696; 1997, 680; 1999, 1530)

NRS 630.120 Seal;licenses to bear seal and signatures.

1. The Board shall procure a seal.

2. All licenses issued to physicians, physicianassistants and practitioners of respiratory care must bear the seal of theBoard and the signatures of its President and Secretary-Treasurer.

[Part 5:169:1949; 1943 NCL 4107.05](NRS A 1985,2227; 1987, 192; 1997, 680; 2001, 761)

NRS 630.123 Fiscalyear. The Board shall operate on the basis ofa fiscal year commencing on July 1 and terminating on June 30.

(Added to NRS by 1963, 149)

NRS 630.125 Offices. The Board may maintain offices in as many localities inthe State as it finds necessary to carry out the provisions of this chapter.

(Added to NRS by 1963, 149; A 1985, 2227; 2003, 3431)

NRS 630.127 Performanceaudits of Board.

1. In addition to any other audits required of theBoard by law, the Legislative Commission shall issue to the Federation of StateMedical Boards of the United States, Inc., a request for proposal to conductregular performance audits of the Board. After considering the response to therequest for proposal, if the Legislative Commission finds that the Federationof State Medical Boards of the United States, Inc., has the ability to conductfair and impartial performance audits of the Board, the Legislative Commissionshall engage the services of the Federation of State Medical Boards of theUnited States, Inc., to conduct regular performance audits of the Board. If theLegislative Commission finds that the Federation of State Medical Boards of theUnited States, Inc., does not have the ability to conduct fair and impartialperformance audits of the Board or is otherwise unable to conduct such performanceaudits, the Legislative Commission shall direct the Audit Division of theLegislative Counsel Bureau to conduct regular performance audits of the Board.

2. The initial performance audit of the Board must becommenced before October 1, 2003. After the initial performance audit iscompleted, additional performance audits must be conducted:

(a) Once every 8 years, for the preceding 8-yearperiod; or

(b) Whenever ordered by the Legislative Commission, forthe period since the last performance audit was conducted pursuant to thissection.

3. A written report of the results of the initialperformance audit must be submitted to the Secretary of the LegislativeCommission not later than 60 days after the date that the initial performanceaudit is commenced. A written report of the results of each subsequentperformance audit must be submitted to the Secretary of the Legislative Commissionas soon as practicable after the date that the performance audit is commenced.

4. Upon receipt of the written report of the resultsof each performance audit, the Secretary of the Legislative Commission shall:

(a) Distribute the report to the members of theLegislative Commission and to any other Legislator who requests a copy of thereport; and

(b) Not later than 30 days after receipt of the report,make the report available to the public.

5. The Board shall pay all costs related to eachperformance audit conducted pursuant to this section.

6. Any person who conducts a performance auditpursuant to this section:

(a) Is directly responsible to the LegislativeCommission;

(b) Must be sufficiently qualified to conduct theperformance audit; and

(c) Must never have conducted an audit of the Boardpursuant to NRS 218.825 or have beenaffiliated, in any way, with a person who has conducted an audit of the Boardpursuant to NRS 218.825.

7. Each performance audit conducted pursuant to thissection must include, without limitation, a comprehensive review and evaluationof:

(a) The methodology and efficiency of the Board inresponding to complaints filed by the public against a licensee;

(b) The methodology and efficiency of the Board inresponding to complaints filed by a licensee against another licensee;

(c) The methodology and efficiency of the Board inconducting investigations of licensees who have had two or more malpracticeclaims filed against them within a period of 12 months;

(d) The methodology and efficiency of the Board inconducting investigations of licensees who have been subject to one or morepeer review actions at a medical facility that resulted in the licensee losinghis professional privileges at the medical facility for more than 30 dayswithin a period of 12 months;

(e) The methodology and efficiency of the Board intaking preventative steps or progressive actions to remedy or deter anyunprofessional conduct by a licensee before such conduct results in a violationunder this chapter that warrants disciplinary action; and

(f) The managerial and administrative efficiency of theBoard in using the fees that it collects pursuant to this chapter.

(Added to NRS by 2003, 3428)

General Powers and Duties

NRS 630.130 Enforcementof chapter; establishment of standards; administration of examinations;investigation of applicants and issuance of licenses; institution of courtproceedings; submission of reports; adoption of regulations.

1. In addition to the other powers and duties providedin this chapter, the Board shall, in the interest of the public, judiciously:

(a) Enforce the provisions of this chapter;

(b) Establish by regulation standards for licensureunder this chapter;

(c) Conduct examinations for licensure and establish asystem of scoring for those examinations;

(d) Investigate the character of each applicant for alicense and issue licenses to those applicants who meet the qualifications setby this chapter and the Board; and

(e) Institute a proceeding in any court to enforce itsorders or the provisions of this chapter.

2. On or before February 15 of each odd-numbered year,the Board shall submit to the Governor and to the Director of the LegislativeCounsel Bureau for transmittal to the next regular session of the Legislature awritten report compiling:

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

(b) Information reported to the Board during theprevious biennium pursuant to NRS630.30665, 630.3067, 630.3068, subsections 2 and 3 of NRS 630.307 and NRS 690B.250 and 690B.260.

The reportmust include only aggregate information for statistical purposes and excludeany identifying information related to a particular person.

3. The Board may adopt such regulations as arenecessary or desirable to enable it to carry out the provisions of thischapter.

[Part 5:169:1949; 1943 NCL 4107.05](NRS A 1973,507; 1985, 309, 2228; 2002 Special Session,18; 2003, 3431;2005, 2513)

NRS 630.135 Boardrequired to define intractable pain by regulation. TheBoard shall by regulation define the term intractable pain for the purposesof NRS 630.3066 and 633.521.

(Added to NRS by 1995, 1734)

NRS 630.137 Boardprohibited from adopting certain regulations concerning collaboration orconsultation among providers of health care.

1. Notwithstanding any other provision of law andexcept as otherwise provided in this section, the Board shall not adopt anyregulations that prohibit or have the effect of prohibiting a physician,physician assistant or practitioner of respiratory care from collaborating orconsulting with another provider of health care.

2. The provisions of this section do not prevent theBoard from adopting regulations that prohibit a physician, physician assistantor practitioner of respiratory care from aiding or abetting another person inthe unlicensed practice of medicine or the unlicensed practice of respiratorycare.

3. As used in this section, provider of health carehas the meaning ascribed to it in NRS629.031.

(Added to NRS by 2003, 3427)

NRS 630.140 Hearingsand investigations; oaths; subpoenas.

1. The Board may hold hearings and conductinvestigations pertaining to its duties imposed under this chapter and takeevidence on any such matter under inquiry before the Board. For the purposes ofthis chapter:

(a) Any member of the Board or other person authorizedby law may administer oaths; and

(b) The Secretary-Treasurer or President of the Boardor a hearing officer or the presiding member of a committee investigating acomplaint may issue subpoenas to compel the attendance of witnesses and theproduction of books, X rays and medical records and other papers. TheSecretary-Treasurer, President or other officer of the Board acting on itsbehalf must sign the subpoena.

2. If any person fails to comply with the subpoenawithin 10 days after its issuance, the Secretary-Treasurer or President of theBoard may petition the district court for an order of the court compellingcompliance with the subpoena.

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

4. If it appears to the court that the subpoena wasregularly issued by the Board, the court shall enter an order compellingcompliance with the subpoena, and upon failure to obey the order the personshall be dealt with as for contempt of court.

[Part 5:169:1949; 1943 NCL 4107.05] + [Part16:169:1949; 1943 NCL 4107.16] + [Part 22:169:1949; 1943 NCL 4107.22](NRSA 1973, 507; 1975, 416; 1977, 823; 1983, 302; 1985, 2228; 1987, 192)

NRS 630.144 Website:General requirements and restrictions concerning posting of information.

1. The Board shall maintain a website on the Internetor its successor.

2. Except as otherwise provided in this section, theBoard and its members and employees shall not place any information on thewebsite maintained by the Board unless the Board, at a regular meeting,approves the placement of the information on the website.

3. The Board shall place on the website, withouthaving to approve the placement at a meeting:

(a) Each application form for the issuance or renewal ofa license issued by the Board pursuant to this chapter.

(b) A list of questions that are frequently askedconcerning the processes of the Board and the answers to those questions.

(c) An alphabetical list, by last name, of eachphysician and a brief description of each disciplinary action, if any, takenagainst the physician, in this State and elsewhere, which relates to thepractice of medicine and which is noted in the records of the Board. The Boardshall include, as part of the list on the website, the name of each physicianwhose license has been revoked by the Board. The Board shall make the list onthe website easily accessible and user friendly for the public.

(d) All financial reports received by the Board.

(e) All financial reports prepared by the Board.

(f) Any other information required to be placed on thewebsite by any other provision of law.

(Added to NRS by 2003, 1886; A 2003, 3483)

NRS 630.146 Website:Additional requirements concerning posting of information relating topharmaceutical manufacturers. The Board shallpost on a website or other Internet site that is operated or administered by oron behalf of the Board:

1. A general description of the basic elements of theCompliance Program Guidance for Pharmaceutical Manufacturers that is publishedby the Office of Inspector General of the United States Department of Healthand Human Services, or links to websites or other Internet sites that areoperated or administered by or on behalf of the Office of Inspector Generalwhere such information may be obtained;

2. A general description of the process for reportingunlawful or unethical conduct by pharmaceutical manufacturers to the Office ofInspector General, or links to websites or other Internet sites that areoperated or administered by or on behalf of the Office of Inspector Generalwhere such information may be obtained; and

3. A current telephone number for the Office ofInspector General.

(Added to NRS by 2003, 1213)

LICENSING

General Provisions

NRS 630.160 Requirementsfor license to practice medicine.

1. Every person desiring to practice medicine must,before beginning to practice, procure from the Board a license authorizing himto practice.

2. Except as otherwise provided in NRS 630.1605, 630.161 and 630.258 to 630.265, inclusive, a license may be issuedto any person who:

(a) Is a citizen of the United States or is lawfullyentitled to remain and work in the United States;

(b) Has received the degree of doctor of medicine froma medical school:

(1) Approved by the Liaison Committee on MedicalEducation of the American Medical Association and Association of AmericanMedical Colleges; or

(2) Which provides a course of professionalinstruction equivalent to that provided in medical schools in the United Statesapproved by the Liaison Committee on Medical Education;

(c) Is currently certified by a specialty board of theAmerican Board of Medical Specialties and who agrees to maintain suchcertification for the duration of his licensure, or has passed:

(1) All parts of the examination given by theNational Board of Medical Examiners;

(2) All parts of the Federation LicensingExamination;

(3) All parts of the United States MedicalLicensing Examination;

(4) All parts of a licensing examination givenby any state or territory of the United States, if the applicant is certifiedby a specialty board of the American Board of Medical Specialties;

(5) All parts of the examination to become alicentiate of the Medical Council of Canada; or

(6) Any combination of the examinationsspecified in subparagraphs (1), (2) and (3) that the Board determines to besufficient;

(d) Iscurrently certified by a specialty board of the American Board of MedicalSpecialties in the specialty of emergency medicine, preventive medicine orfamily practice and who agrees to maintain certification in at least one ofthese specialties for the duration of his licensure, or:

(1) Has completed 36 months of progressivepostgraduate:

(I) Education as a resident in the UnitedStates or Canada in a program approved by the Board, the Accreditation Councilfor Graduate Medical Education or the Coordinating Council of Medical Educationof the Canadian Medical Association; or

(II) Fellowship training in the UnitedStates or Canada approved by the Board or the Accreditation Council forGraduate Medical Education; or

(2) Has completed at least 36 months ofpostgraduate education, not less than 24 months of such postgraduate educationmust be as a resident after receiving a medical degree from a combined dentaland medical degree program approved by the Board; and

(e) Passes a written or oral examination, or both, asto his qualifications to practice medicine and provides the Board with adescription of the clinical program completed demonstrating that theapplicants clinical training met the requirements of paragraph (b).

[Part 8:169:1949; A 1953, 662; 1955, 103](NRS A1969, 211; 1971, 220; 1973, 508; 1977, 1564; 1985, 2229; 1987, 193, 1673; 1989,416; 1991, 1068, 1884, 1887; 1993, 2298; 1997, 680; 2001, 761; 2003, 437, 1886)

NRS 630.1605 Requirementsfor license by endorsement to practice medicine. Exceptas otherwise provided in NRS 630.161,the Board may issue a license by endorsement to practice medicine to anapplicant who has been issued a license to practice medicine by the District ofColumbia or any state or territory of the United States if:

1. At the time the applicant files his applicationwith the Board, the license is in effect;

2. The applicant:

(a) Submits to the Board proof of passage of anexamination approved by the Board;

(b) Submits to the Board any documentation and otherproof of qualifications required by the Board;

(c) Meets all of the statutory requirements forlicensure to practice medicine in effect at the time of application except forthe requirements set forth in NRS 630.160;and

(d) Completes any additional requirements relating tothe fitness of the applicant to practice required by the Board; and

3. Any documentation and other proof of qualificationsrequired by the Board is authenticated in a manner approved by the Board.

(Added to NRS by 2003, 1886)

NRS 630.161 Effectof revocation of license in another jurisdiction for gross medical negligence.

1. The Board shall not issue a license to practicemedicine to an applicant who has been licensed to practice any type of medicinein another jurisdiction and whose license was revoked for gross medicalnegligence by that jurisdiction.

2. The Board may revoke the license of any personlicensed to practice medicine in this State if it determines that the personhad a license to practice any type of medicine in another jurisdiction whichwas revoked for gross medical negligence by that jurisdiction.

3. For the purposes of this section, the Board shalladopt by regulation a definition of gross medical negligence.

(Added to NRS by 1991, 1067)

NRS 630.165 Applicationand affidavit for license; additional requirements; burden of proof.

1. Except as otherwise provided in subsection 2, anapplicant for a license to practice medicine must submit to the Board, on aform provided by the Board, an application in writing, accompanied by anaffidavit stating that:

(a) The applicant is the person named in the proof ofgraduation and that it was obtained without fraud or misrepresentation or anymistake of which the applicant is aware; and

(b) The information contained in the application andany accompanying material is complete and correct.

2. Anapplicant for a license by endorsement to practice medicine pursuant to NRS 630.1605 must submit to the Board, ona form provided by the Board, an application in writing, accompanied by anaffidavit stating that:

(a) Theapplicant is the person named in the license to practice medicine issued by theDistrict of Columbia or any state or territory of the United States and thatthe license was obtained without fraud or misrepresentation or any mistake ofwhich the applicant is aware; and

(b) Theinformation contained in the application and any accompanying material iscomplete and correct.

3. An application submitted pursuant to subsection 1or 2 must include all information required to complete the application.

4. In addition to the other requirements forlicensure, the Board may require such further evidence of the mental, physical,medical or other qualifications of the applicant as it considers necessary.

5. The applicant bears the burden of proving anddocumenting his qualifications for licensure.

(Added to NRS by 1985, 2221; A 1987, 194; 1997, 681,2120; 1999, 520; 2003, 1888; 2005, 2713, 2807)

NRS 630.167 Applicantto submit fingerprints. In addition to anyother requirements set forth in this chapter, each applicant for a license topractice medicine shall submit to the Board a complete set of his fingerprintsand written permission authorizing the Board to forward the fingerprints to theCentral Repository for Nevada Records of Criminal History for submission to theFederal Bureau of Investigation for its report.

(Added to NRS by 2005, 2522)

NRS 630.170 Applicantto furnish evidence of graduation from accredited medical school. In addition to the other requirements for licensure, anapplicant for a license to practice medicine who is a graduate of a medicalschool located in the United States or Canada shall submit to the Board proofthat he has received the degree of doctor of medicine from a medical schoolwhich, at the time of graduation, was accredited by the Liaison Committee onMedical Education or the Committee for the Accreditation of Canadian MedicalSchools.

[Part 8:169:1949; A 1953, 662; 1955, 103](NRS A1969, 211; 1973, 508; 1983, 303; 1985, 2229)

NRS 630.171 Applicantto furnish certificate of completion of progressive postgraduate training. Except as otherwise provided in NRS 630.263, in addition to the otherrequirements for licensure, an applicant for a license to practice medicineshall cause to be submitted to the Board a certificate of completion ofprogressive postgraduate training from the residency program where theapplicant received training.

(Added to NRS by 2003, 3427; A 2003, 20thSpecial Session, 264)

NRS 630.173 Applicantto furnish certain information concerning claims for malpractice, complaintsand disciplinary action involving applicant.

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

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

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

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

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

(Added to NRS by 2003, 3427)

NRS 630.175 Reportingof certain additional information concerning application. An applicant for a license or a licensee shall report tothe Board within 30 days any fact which would render any statement made to theBoard by the applicant or licensee false, misleading, inaccurate or incomplete.

(Added to NRS by 1985, 2222)

NRS 630.180 Examinations.

1. In addition to the other requirements forlicensure, an applicant shall appear personally and pass an oral examination,if required by the Board.

2. The Board may employ specialists and otherconsultants or examining services in conducting any examinations required bythe Board.

[Part 9:169:1949; 1943 NCL 4107.09] + [11:169:1949;1943 NCL 4107.11](NRS A 1969, 211; 1973, 509; 1985, 2230)

NRS 630.195 Applicantwho is graduate of foreign medical school must furnish evidence of degree andcertificate. In addition to the otherrequirements for licensure, an applicant for a license to practice medicine whois a graduate of a foreign medical school shall submit to the Board proof thathe has received:

1. The degree of doctor of medicine or its equivalent,as determined by the Board; and

2. The standard certificate of the EducationalCommission for Foreign Medical Graduates or a written statement from thatCommission that he passed the examination given by it.

(Added to NRS by 1969, 214; A 1973, 509; 1975, 960;1977, 1564; 1983, 304; 1985, 2230)

NRS 630.197 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license; duty of Board. [Effective until the date of the repeal ofthe federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

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

(a) An applicant for the issuance of a license topractice medicine, to practice as a physician assistant or to practice as apractitioner of respiratory care shall include the social security number ofthe applicant in the application submitted to the Board.

(b) An applicant for the issuance or renewal of alicense to practice medicine, to practice as a physician assistant or topractice as a practitioner of respiratory care shall submit to the Board thestatement prescribed by the Division of Welfare and Supportive Services of theDepartment of Health and Human Services pursuant to NRS 425.520. The statement must be completedand signed by the applicant.

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

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

(b) A separate form prescribed by the Board.

3. A license to practice medicine, to practice as aphysician assistant or to practice as a practitioner of respiratory care maynot be issued or renewed by the Board if the applicant:

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

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

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

(Added to NRS by 1997, 2119; A 1999, 520; 2001, 763; 2005, 2713, 2807)

NRS 630.197 Payment of child support: Submissionof certain information by applicant; grounds for denial of license; duty ofBoard. [Effective on the date of the repeal of the federal law requiring eachstate to establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child support arrearagesand for noncompliance with certain processes relating to paternity or childsupport proceedings and expires by limitation 2 years after that date.]

1. In addition to any other requirements set forth inthis chapter, an applicant for the issuance or renewal of a license to practicemedicine, to practice as a physician assistant or to practice as a practitionerof respiratory care shall submit to the Board the statement prescribed by theDivision of Welfare and Supportive Services of the Department of Health andHuman Services pursuant to NRS 425.520.The statement must be completed and signed by the applicant.

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

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

(b) A separate form prescribed by the Board.

3. A license to practice medicine, to practice as aphysician assistant or to practice as a practitioner of respiratory care maynot be issued or renewed by the Board if the applicant:

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

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

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

(Added to NRS by 1997, 2119; A 1999, 520; 2001, 763; 2005, 2713, 2714, 2807, 2810, effective onthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings)

NRS 630.200 Delayor denial of application: Grounds; notice; appeal.

1. The Board may deny an application for a license topractice medicine for any violation of the provisions of this chapter orregulations of the Board.

2. The Board shall notify an applicant of anydeficiency which prevents any further action on the application or results inthe denial of the application. The applicant may respond in writing to theBoard concerning any deficiency and, if he does so, the Board shall respond inwriting to the contentions of the applicant.

3. Any unsuccessful applicant may appeal to thedistrict court to review the action of the Board, if he files his appeal within90 days from the date of the rejection of his application by the Board. Uponappeal the applicant has the burden to show that the action of the Board iserroneous or unlawful.

[12:169:1949; 1943 NCL 4107.12](NRS A 1973, 510;1985, 2231)

NRS 630.220 Recordsof issuance or denial of licenses: Contents; inspection. The Board shall maintain records pertaining to applicantsto whom licenses or permits have been issued or denied. The records must beopen to the public and must include:

1. The name of each applicant.

2. The name of the school granting the diploma to theapplicant.

3. The date of the diploma.

4. The address of the applicant.

5. The date of issuance or denial of the license.

[13:169:1949; 1943 NCL 4107.13](NRS A 1973, 511;1985, 2231; 1987, 194)

NRS 630.250 Validityof license issued before July 1, 1985. Allvalid licenses to practice medicine issued before July 1, 1985, remain in fulleffect but subject to the provisions of this chapter.

[19:169:1949; 1943 NCL 4107.19](NRS A 1973, 511;1985, 2232)

NRS 630.253 Activelicensees: Continuing education.

1. The Board shall, as a prerequisite for the:

(a) Renewal of a license as a physician assistant; or

(b) Biennial registration of the holder of a license topractice medicine,

require eachholder to comply with the requirements for continuing education adopted by theBoard.

2. These requirements:

(a) May provide for the completion of one or morecourses of instruction relating to risk management in the performance ofmedical services.

(b) Mustprovide for the completion of a course of instruction, within 2 years afterinitial licensure, relating to the medical consequences of an act of terrorismthat involves the use of a weapon of mass destruction. The course must provideat least 4 hours of instruction that includes instruction in the followingsubjects:

(1) Anoverview of acts of terrorism and weapons of mass destruction;

(2) Personalprotective equipment required for acts of terrorism;

(3) Commonsymptoms and methods of treatment associated with exposure to, or injuriescaused by, chemical, biological, radioactive and nuclear agents;

(4) Syndromicsurveillance and reporting procedures for acts of terrorism that involvebiological agents; and

(5) Anoverview of the information available on, and the use of, the Health AlertNetwork.

The Board may thereafter determinewhether to include in a program of continuing education additional courses ofinstruction relating to the medical consequences of an act of terrorism thatinvolves the use of a weapon of mass destruction.

3. The Boardshall encourage each holder of a license who treats or cares for persons whoare more than 60 years of age to receive, as a portion of their continuingeducation, education in geriatrics and gerontology, including such topics as:

(a) The skillsand knowledge that the licensee needs to address aging issues;

(b) Approachesto providing health care to older persons, including both didactic and clinicalapproaches;

(c) Thebiological, behavioral, social and emotional aspects of the aging process; and

(d) The importance of maintenance of function andindependence for older persons.

4. As used in this section:

(a) Act ofterrorism has the meaning ascribed to it in NRS202.4415.

(b) Biologicalagent has the meaning ascribed to it in NRS202.442.

(c) Chemicalagent has the meaning ascribed to it in NRS202.4425.

(d) Radioactiveagent has the meaning ascribed to it in NRS202.4437.

(e) Weapon of mass destruction has the meaningascribed to it in NRS 202.4445.

(Added to NRS by 1979, 652; A 1981, 504; 1985, 546,2247; 1991, 787; 1997, 682; 2001, 763; 2003, 647, 2955)

NRS 630.254 Activelicensees: Notice of change of mailing address; notice of change of location orclose of office located in State; location of records.

1. Each licensee shall maintain a permanent mailingaddress with the Board to which all communications from the Board to thelicensee must be sent. A licensee who changes his permanent mailing addressshall notify the Board of his new permanent mailing address within 30 daysafter the change. If a licensee fails to notify the Board of a change in hispermanent mailing address within 30 days after the change, the Board:

(a) Shall impose upon the licensee a fine not to exceed$100; and

(b) May initiate disciplinary action against thelicensee as provided pursuant to subsection 9 of NRS 630.306.

2. Any licensee who changes the location of his officein this State shall notify the Board of the change before practicing at the newlocation.

3. Any licensee who closes his office in this Stateshall:

(a) Notify the Board of this occurrence within 14 daysafter the closure; and

(b) For a period of 5 years thereafter keep the Boardapprised of the location of the medical records of his patients.

(Added to NRS by 1985, 2222; A 1987, 194; 1993, 2299;2005, 2514)

NRS 630.255 Inactivelicensees: Leaving State; ceasing or failing to practice; notice of change ofmailing address; reinstatement.

1. Any licensee who changes the location of hispractice of medicine from this State to another state or country, has neverengaged in the practice of medicine in this State after licensure or has ceasedto engage in the practice of medicine in this State for 12 consecutive monthsmay be placed on inactive status by order of the Board.

2. Each inactive registrant shall maintain a permanentmailing address with the Board to which all communications from the Board tothe registrant must be sent. An inactive registrant who changes his permanentmailing address shall notify the Board of his new permanent mailing addresswithin 30 days after the change. If an inactive registrant fails to notify theBoard of a change in his permanent mailing address within 30 days after thechange, the Board shall impose upon the registrant a fine not to exceed $100.

3. Before resuming the practice of medicine in thisState, the inactive registrant must:

(a) Notify the Board of his intent to resume thepractice of medicine in this State;

(b) File an affidavit with the Board describing hisactivities during the period of his inactive status;

(c) Complete the form for registration for activestatus;

(d) Pay the applicable fee for biennial registration;and

(e) Satisfy the Board of his competence to practicemedicine.

4. If the Board determines that the conduct or competenceof the registrant during the period of inactive status would have warranteddenial of an application for a license to practice medicine in this State, theBoard may refuse to place the registrant on active status.

(Added to NRS by 1985, 2222; A 1987, 195; 1993, 2299;1997, 682; 2005, 2514)

NRS 630.257 Reexaminationof licensee who does not practice for certain period. Ifa licensee does not practice allopathic medicine for a period of more than 12consecutive months, the Board may require him to take the same examination totest medical competency as that given to applicants for a license.

(Added to NRS by 1985, 2222; A 1993, 2300)

Special Categories of Licenses

NRS 630.258 Specialvolunteer medical license.

1. A physician who is retired from active practice andwho wishes to donate his expertise for the medical care and treatment ofindigent persons in this State may obtain a special volunteer medical licenseby submitting an application to the Board pursuant to this section.

2. An application for a special volunteer medicallicense must be on a form provided by the Board and must include:

(a) Documentation of the history of medical practice ofthe physician;

(b) Proof that the physician previously has been issuedan unrestricted license to practice medicine in any state of the United Statesand that he has never been the subject of disciplinary action by a medicalboard in any jurisdiction;

(c) Proof that the physician satisfies the requirementsfor licensure set forth in NRS 630.160or the requirements for licensure by endorsement set forth in NRS 630.1605;

(d) Acknowledgment that the practice of the physicianunder the special volunteer medical license will be exclusively devoted toproviding medical care to indigent persons in this State; and

(e) Acknowledgment that the physician will not receiveany payment or compensation, either direct or indirect, or have the expectationof any payment or compensation, for providing medical care under the specialvolunteer medical license, except for payment by a medical facility at whichthe physician provides volunteer medical services of the expenses of thephysician for necessary travel, continuing education, malpractice insurance orfees of the State Board of Pharmacy.

3. If the Board finds that the application of aphysician satisfies the requirements of subsection 2 and that the retiredphysician is competent to practice medicine, the Board shall issue a specialvolunteer medical license to the physician.

4. The initial special volunteer medical licenseissued pursuant to this section expires 1 year after the date of issuance. Thelicense may be renewed pursuant to this section, and any license that isrenewed expires 2 years after the date of issuance.

5. The Board shall not charge a fee for:

(a) The review of an application for a specialvolunteer medical license; or

(b) The issuance or renewal of a special volunteermedical license pursuant to this section.

6. A physician who is issued a special volunteer medicallicense pursuant to this section and who accepts the privilege of practicingmedicine in this State pursuant to the provisions of the special volunteermedical license is subject to all the provisions governing disciplinary actionset forth in this chapter.

7. A physician who is issued a special volunteermedical license pursuant to this section shall comply with the requirements forcontinuing education adopted by the Board.

(Added to NRS by 2001, 373; A 2003, 1888)

NRS 630.259 Licenseas administrative physician.

1. A person may apply to the Board to be licensed asan administrative physician if the person meets all of the statutoryrequirements for licensure in effect at the time of application except therequirements of paragraph (d) of subsection 2 of NRS 630.160.

2. A person who is licensed as an administrativephysician pursuant to this section:

(a) May not engage in the practice of clinicalmedicine;

(b) Shall comply with all of the statutory requirementsfor continued licensure pursuant to this chapter; and

(c) Shall be deemed to hold a license to practicemedicine in an administrative capacity only.

(Added to NRS by 2003, 1884; A 2005, 2515)

NRS 630.261 Locumtenens, special, restricted, temporary and special purpose licenses.

1. Except as otherwise provided in NRS 630.161, the Board may issue:

(a) A locum tenens license, to be effective not morethan 3 months after issuance, to any physician who is licensed and in goodstanding in another state, who meets the requirements for licensure in thisState and who is of good moral character and reputation. The purpose of thislicense is to enable an eligible physician to serve as a substitute for anotherphysician who is licensed to practice medicine in this State and who is absentfrom his practice for reasons deemed sufficient by the Board. A license issuedpursuant to the provisions of this paragraph is not renewable.

(b) A special license to a licensed physician ofanother state to come into this State to care for or assist in the treatment ofhis own patient in association with a physician licensed in this State. Aspecial license issued pursuant to the provisions of this paragraph is limitedto the care of a specific patient. The physician licensed in this State has theprimary responsibility for the care of that patient.

(c) A restricted license for a specified period if theBoard determines the applicant needs supervision or restriction.

(d) A temporary license for a specified period if thephysician is licensed and in good standing in another state and meets therequirements for licensure in this State, and if the Board determines that itis necessary in order to provide medical services for a community withoutadequate medical care. A temporary license issued pursuant to the provisions ofthis paragraph is not renewable.

(e) A special purpose license to a physician who is licensedin another state to permit the use of equipment that transfers informationconcerning the medical condition of a patient in this State across state lineselectronically, telephonically or by fiber optics if the physician:

(1) Holds a full and unrestricted license topractice medicine in that state;

(2) Has not had any disciplinary or other actiontaken against him by any state or other jurisdiction; and

(3) Meets the requirements set forth inparagraph (d) of subsection 2 of NRS 630.160.

2. Except as otherwise provided in this section, theBoard may renew or modify any license issued pursuant to subsection 1.

(Added to NRS by 1973, 511; A 1985, 2232; 1991, 1069;1993, 2300; 2001, 763;2003, 1889, 3432)

NRS 630.262 Restrictedlicense to practice medicine as psychiatrist in certain mental health centers.

1. Except as otherwise provided in NRS 630.161, the Board may issue a restrictedlicense to a person who intends to practice medicine in this State as a psychiatristin a mental health center of the Division under the direct supervision of apsychiatrist who holds an unrestricted license to practice medicine pursuant tothis chapter.

2. A person who applies for a restricted licensepursuant to this section is not required to take or pass a written examinationas to his qualifications to practice medicine pursuant to paragraph (e) ofsubsection 2 of NRS 630.160, but theperson must meet all other conditions and requirements for an unrestrictedlicense to practice medicine pursuant to this chapter.

3. If the Board issues a restricted license pursuantto this section, the person who holds the restricted license may practicemedicine in this State only as a psychiatrist in a mental health center of theDivision and only under the direct supervision of a psychiatrist who holds anunrestricted license to practice medicine pursuant to this chapter.

4. If a person who holds a restricted license issuedpursuant to this section ceases to practice medicine in this State as apsychiatrist in a mental health center of the Division:

(a) The Division shall notify the Board; and

(b) Upon receipt of such notification, the restrictedlicense expires automatically.

5. The Board may renew or modify a restricted licenseissued pursuant to this section, unless the restricted license has expiredautomatically or has been revoked.

6. The provisions of this section do not limit theauthority of the Board to issue a restricted license to an applicant inaccordance with any other provision of this chapter.

7. As used in this section:

(a) Division means the Division of Mental Health andDevelopmental Services of the Department of Health and Human Services.

(b) Mental health center has the meaning ascribed toit in NRS 433.144.

(Added to NRS by 2003, 436; A 2003, 3481)

NRS 630.263 Restrictedlicense to practice medicine in certain medical specialties for which there arecritically unmet needs.

1. If the Governor determines that there arecritically unmet needs with regard to the number of physicians who arepracticing a medical specialty within this State, the Governor may declare thata state of critical medical need exists for that medical specialty. TheGovernor may, but is not required to, limit such a declaration to one or moregeographic areas within this State.

2. In determining whether there are critically unmetneeds with regard to the number of physicians who are practicing a medicalspecialty, the Governor may consider, without limitation:

(a) Any statistical data analyzing the number ofphysicians who are practicing the medical specialty in relation to the totalpopulation of this State or any geographic area within this State;

(b) The demand within this State or any geographic areawithin this State for the types of services provided by the medical specialty;and

(c) Any other factors relating to the medical specialtythat may adversely affect the delivery of health care within this State or anygeographic area within this State.

3. If the Governor makes a declaration pursuant tothis section, the Board may waive the requirements of paragraph (d) ofsubsection 2 of NRS 630.160 for an applicantif the applicant:

(a) Intends to practice medicine in one or more of themedical specialties designated by the Governor in his declaration and, if theGovernor has limited his declaration to one or more geographic areas withinthis State, in one or more of those geographic areas;

(b) Has completed at least 1 year of training as aresident in the United States or Canada in a program approved by the Board, theAccreditation Council for Graduate Medical Education or the CoordinatingCouncil of Medical Education of the Canadian Medical Association, respectively;

(c) Has a minimum of 5 years of practical medicalexperience as a licensed allopathic physician or such other equivalent trainingas the Board deems appropriate; and

(d) Meets all other conditions and requirements for alicense to practice medicine.

4. Any license issued pursuant to this section is arestricted license, and the person who holds the restricted license maypractice medicine in this State only in the medical specialties and geographicareas for which the restricted license is issued.

5. Any person who holds a restricted license issuedpursuant to this section and who completes 3 years of full-time practice underthe restricted license may apply to the Board for an unrestricted license. Inconsidering an application for an unrestricted license pursuant to thissubsection, the Board shall require the applicant to meet all statutoryrequirements for licensure in effect at the time of application except therequirements of paragraph (d) of subsection 2 of NRS 630.160.

(Added to NRS by 2003, 1885)

NRS 630.264 Restrictedlicense to practice medicine in medically underserved area of county.

1. A board of county commissioners may petition theBoard of Medical Examiners to waive the requirements of paragraph (d) ofsubsection 2 of NRS 630.160 for anyapplicant intending to practice medicine in a medically underserved area ofthat county as that term is defined by regulation by the Board of MedicalExaminers. The Board of Medical Examiners may waive that requirement and issuea license if the applicant:

(a) Has completed at least 1 year of training as aresident in the United States or Canada in a program approved by the Board, theAccreditation Council for Graduate Medical Education or the CoordinatingCouncil of Medical Education of the Canadian Medical Association, respectively;

(b) Has a minimum of 5 years of practical medicalexperience as a licensed allopathic physician or such other equivalent trainingas the Board deems appropriate; and

(c) Meets all other conditions and requirements for alicense to practice medicine.

2. Any person licensed pursuant to subsection 1 mustbe issued a license to practice medicine in this State restricted to practicein the medically underserved area of the county which petitioned for the waiveronly. He may apply to the Board of Medical Examiners for renewal of thatrestricted license every 2 years after he is licensed.

3. Any person holding a restricted license pursuant tosubsection 1 who completes 3 years of full-time practice under the restrictedlicense may apply to the Board for an unrestricted license. In considering anapplication for an unrestricted license pursuant to this subsection, the Boardshall require the applicant to meet all statutory requirements for licensure ineffect at the time of application except the requirements of paragraph (d) ofsubsection 2 of NRS 630.160.

(Added to NRS by 1987, 1672; A 1989, 417, 1967; 1991,1885; 1993, 2299; 2001,762; 2003, 1887)(Substitutedin revision for NRS 630.164)

NRS 630.265 Limitedlicense to practice medicine as resident physician.

1. Except as otherwise provided in NRS 630.161, the Board may issue to aqualified applicant a limited license to practice medicine as a residentphysician in a graduate program approved by the Accreditation Council forGraduate Medical Education if he is:

(a) A graduate of an accredited medical school in theUnited States or Canada; or

(b) A graduate of a foreign medical school and hasreceived the standard certificate of the Educational Commission for ForeignMedical Graduates or a written statement from that Commission that he passedthe examination given by it.

2. The medical school or other institution sponsoringthe program shall provide the Board with written confirmation that theapplicant has been appointed to a position in the program and is a citizen ofthe United States or lawfully entitled to remain and work in the United States.Such a license remains valid only while the licensee is actively practicingmedicine in the residency program and is legally entitled to work and remain inthe United States.

3. The Board may issue such a limited license for notmore than 1 year but may renew the license if the applicant for the limitedlicense meets the requirements set forth by the Board by regulation.

4. The holder of a limited license may practicemedicine only in connection with his duties as a resident physician or undersuch conditions as are approved by the director of the program and the Board.

5. The holder of a limited license granted pursuant tothis section may be disciplined by the Board at any time for any of the groundsprovided in NRS 630.161 or 630.301 to 630.3065, inclusive.

(Added to NRS by 1979, 676; A 1981, 1131; 1985, 2232;1987, 195; 1991, 1069, 1886, 1888; 2001, 764)

Biennial Registration; Fees

NRS 630.267 Biennialregistration: Submission of list and fee; suspension and reinstatement oflicense; notice to licensee.

1. Each holder of a license to practice medicine must,on or before July 1 of each alternate year:

(a) Submit a list of all actions filed or claimssubmitted to arbitration or mediation for malpractice or negligence against himduring the previous 2 years.

(b) Pay to the Secretary-Treasurer of the Board theapplicable fee for biennial registration. This fee must be collected for the periodfor which a physician is licensed.

(c) Submit all information required to complete thebiennial registration.

2. When a holder of a license fails to pay the fee forbiennial registration and submit all information required to complete thebiennial registration after they become due, his license to practice medicinein this State is automatically suspended. The holder may, within 2 years afterthe date his license is suspended, upon payment of twice the amount of thecurrent fee for biennial registration to the Secretary-Treasurer and submissionof all information required to complete the biennial registration and after heis found to be in good standing and qualified under the provisions of thischapter, be reinstated to practice.

3. The Board shall make such reasonable attempts asare practicable to notify a licensee:

(a) At least once that his fee for biennialregistration and all information required to complete the biennial registrationare due; and

(b) That his license is suspended.

A copy ofthis notice must be sent to the Drug Enforcement Administration of the UnitedStates Department of Justice or its successor agency.

(Added to NRS by 1985, 2223; A 1987, 196; 1997, 2120;2001, 765; 2002 Special Session,19; 2003, 16; 2005, 2715, 2807)

NRS 630.268 Fees;cost of special meeting to be paid by person requesting meeting.

1. The Board shall charge and collect not more thanthe following fees:

 

For application for and issuance of a license to practice asa physician, including a license by endorsement $600

For application for and issuance of a temporary, locumtenens, limited, restricted, special or special purpose license 400

For renewal of a limited, restricted or special license................................................ 400

For application for and issuance of a license as a physicianassistant.................. 400

For biennial registration of a physician assistant...................................................... 800

For biennial registration of a physician....................................................................... 800

For application for and issuance of a license as apractitioner of respiratory care 400

For biennial registration of a practitioner of respiratorycare.................................. 600

For biennial registration for a physician who is on inactivestatus........................ 400

For written verification of licensure............................................................................... 50

For a duplicate identification card.................................................................................. 25

For a duplicate license..................................................................................................... 50

For computer printouts or labels.................................................................................. 500

For verification of a listing of physicians, per hour.................................................... 20

For furnishing a list of new physicians....................................................................... 100

 

2. In addition to the fees prescribed in subsection 1,the Board shall charge and collect necessary and reasonable fees for its otherservices.

3. The cost of any special meeting called at therequest of a licensee, an institution, an organization, a state agency or anapplicant for licensure must be paid for by the person or entity requesting thespecial meeting. Such a special meeting must not be called until the person orentity requesting it has paid a cash deposit with the Board sufficient todefray all expenses of the meeting.

[20:169:1949; 1943 NCL 4107.20](NRS A 1973, 514;1975, 959; 1981, 1132; 1983, 304; 1985, 2234; 1987, 196; 1991, 1886; 1993,2301; 1997, 683; 2001,766; 2003, 1890)

PHYSICIAN ASSISTANTS

NRS 630.271 Authorizedservices.

1. A physician assistant may perform such medicalservices as he is authorized to perform by his supervising physician.

2. The Board and supervising physician shall limit theauthority of a physician assistant to prescribe controlled substances to thoseschedules of controlled substances that the supervising physician is authorizedto prescribe pursuant to state and federal law.

(Added to NRS by 1973, 512; A 1995, 1711; 1997, 682; 2001, 765)

NRS 630.273 Issuanceand conditions of license. The Board may issuea license to an applicant who is qualified under the regulations of the Boardto perform medical services under the supervision of a supervising physician.The application for a license as a physician assistant must include allinformation required to complete the application.

(Added to NRS by 1973, 512; A 1975, 991; 1979, 555;1985, 2233; 1997, 682, 2120; 1999, 520; 2001, 765; 2003, 16; 2005, 2715, 2807)

NRS 630.275 Boardto adopt regulations concerning licensure. TheBoard shall adopt regulations regarding the licensure of a physician assistant,including, but not limited to:

1. The educational and other qualifications ofapplicants.

2. The required academic program for applicants.

3. The procedures for applications for and theissuance of licenses.

4. The tests or examinations of applicants by theBoard.

5. The medical services which a physician assistantmay perform, except that he may not perform those specific functions and dutiesdelegated or restricted by law to persons licensed as dentists, chiropractors,podiatric physicians and optometrists under chapters631, 634, 635and 636, respectively, of NRS, or as hearingaid specialists.

6. The duration, renewal and termination of licenses.

7. The grounds and procedures respecting disciplinaryactions against physician assistants.

8. The supervision of medical services of a physicianassistant by a supervising physician.

(Added to NRS by 1973, 512; A 1985, 2233; 1993, 2217;1997, 683; 2001, 765)

PRACTITIONERS OF RESPIRATORY CARE

NRS 630.276 Licensedphysician required to supervise respiratory care. Thepractice of respiratory care must be performed under the direction of orpursuant to a prescription from a physician licensed to practice in this State,any other state, any territory of the United States or the District ofColumbia.

(Added to NRS by 2001, 759)

NRS 630.277 Requirements;prohibitions; intern in respiratory care.

1. Every person who wishes to practice respiratorycare in this State must:

(a) Have a high school diploma or general equivalencydiploma;

(b) Complete an educational program for respiratorycare which has been approved by the National Board for Respiratory Care or itssuccessor organization;

(c) Pass the examination as an entry-level or advancedpractitioner of respiratory care administered by the National Board forRespiratory Care or its successor organization;

(d) Be certified by the National Board for RespiratoryCare or its successor organization; and

(e) Be licensed to practice respiratory care by theBoard and have paid the required fee for licensure.

2. Except as otherwise provided in subsection 3, aperson shall not:

(a) Practice respiratory care; or

(b) Hold himself out as qualified to practicerespiratory care,

in thisState without complying with the provisions of subsection 1.

3. Any person who has completed the educationalrequirements set forth in paragraphs (a) and (b) of subsection 1 may practicerespiratory care pursuant to a program of practical training as an intern inrespiratory care for not more than 12 months after completing those educationalrequirements.

(Added to NRS by 2001, 759)

NRS 630.278 Applicationfor license to include social security number. Repealed.(See chapter 501, Statutesof Nevada 2005, at page 2818.)

 

NRS 630.279 Regulationsconcerning licensure. The Board shall adoptregulations regarding the licensure of practitioners of respiratory care,including, without limitation:

1. Educational and other qualifications of applicants;

2. Required academic programs which applicants mustsuccessfully complete;

3. Procedures for applying for and issuing licenses;

4. Tests or examinations of applicants by the Board;

5. The types of medical services that a practitionerof respiratory care may perform, except that a practitioner of respiratory caremay not perform those specific functions and duties delegated or otherwiserestricted by specific statute to persons licensed as dentists, chiropractors,podiatric physicians, optometrists, physicians, osteopathic physicians orhearing aid specialists pursuant to this chapter or chapter631, 633, 634,635, 636 or 637A of NRS, as appropriate;

6. The duration, renewal and termination of licenses;and

7. The grounds and procedures for disciplinary actionsagainst practitioners of respiratory care.

(Added to NRS by 2001, 759)

EMPLOYEES

NRS 630.293 Retaliationor discrimination against employee who reports or participates in investigationor proceeding relating to sentinel event or certain conduct of physicianprohibited; restriction of right prohibited.

1. A physician or any agent or employee thereof shallnot retaliate or discriminate unfairly against an employee of the physician ora person acting on behalf of the employee who in good faith:

(a) Reports to the Board information relating to theconduct of the physician which may constitute grounds for initiatingdisciplinary action against the physician or which otherwise raises areasonable question regarding the competence of the physician to practicemedicine with reasonable skill and safety to patients;

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

(c) Cooperates or otherwise participates in aninvestigation or proceeding conducted by the Board or another governmentalentity relating to conduct described in paragraph (a) or (b).

2. A physician or any agent or employee thereof shallnot retaliate or discriminate unfairly against an employee of the physicianbecause the employee has taken an action described in subsection 1.

3. A physician or any agent or employee thereof shallnot prohibit, restrict or attempt to prohibit or restrict by contract, policy,procedure or any other manner the right of an employee of the physician to takean action described in subsection 1.

4. As used in this section, retaliate ordiscriminate:

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

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

(2) Frequent or undesirable transfers orreassignments;

(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 orworkdays.

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

(Added to NRS by 2002 Special Session,17)

NRS 630.296 Retaliationor discrimination against employee who reports or participates in investigationor proceeding relating to sentinel event or certain conduct of physician: Legalrecourse of employee. An employee of a physicianwho believes that he has been retaliated or discriminated against in violationof NRS 630.293 may file an action in acourt of competent jurisdiction for such relief as may be appropriate.

(Added to NRS by 2002 Special Session,18)

REGULATION AND DISCIPLINE

General Provisions

NRS 630.298 Jurisdictionof Board over licensee unaffected by expiration or voluntary surrender oflicense. The expiration of a license byoperation of law or by order or decision of the Board or a court, or thevoluntary surrender of a license by a licensee, does not deprive the Board ofjurisdiction to proceed with any investigation of, or action or disciplinaryproceeding against, the licensee or to render a decision suspending or revokingthe license.

(Added to NRS by 2003, 3428)

NRS 630.299 Authorityof Board or investigative committee to issue letter of warning, letter ofconcern or nonpunitive admonishment.

1. If the Board has reason to believe that a personhas violated, is violating or is about to violate any provision of thischapter, the Board or any investigative committee of the Board may issue to theperson a letter of warning, a letter of concern or a nonpunitive admonishmentat any time before the Board has initiated any disciplinary proceedings againstthe person.

2. The issuance of such a letter or admonishment:

(a) Does not preclude the Board from initiating anydisciplinary proceedings against the person or taking any disciplinary action againstthe person based on any conduct alleged or described in the letter oradmonishment or any other conduct; and

(b) Does not constitute a final decision of the Boardand is not subject to judicial review.

(Added to NRS by 2003, 3427; A 2005, 2515)

Grounds for Initiating Disciplinary Action or DenyingLicensure

NRS 630.301 Criminaloffenses; revocation, suspension or other modification of previous license;surrender of previous license while under investigation; malpractice; engagingin sexual activity with patient; disruptive behavior; violating or exploitingtrust of patient for financial or personal gain; failure to offer appropriatecare with intent to positively influence financial well-being; engaging indisreputable conduct; engaging in sexual contact with surrogate of patient orrelatives of patient. The following acts,among others, constitute grounds for initiating disciplinary action or denyinglicensure:

1. Conviction of a felony relating to the practice ofmedicine or the ability to practice medicine. A plea of nolo contendere is aconviction for the purposes of this subsection.

2. Conviction of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310, or 616D.350 to 616D.440, inclusive.

3. The revocation, suspension, modification orlimitation of the license to practice any type of medicine by any otherjurisdiction or the surrender of the license or discontinuing the practice ofmedicine while under investigation by any licensing authority, a medicalfacility, a branch of the Armed Services of the United States, an insurancecompany, an agency of the Federal Government or an employer.

4. Malpractice, which may be evidenced by claimssettled against a practitioner, but only if such malpractice is established bya preponderance of the evidence.

5. The engaging by a practitioner in any sexualactivity with a patient who is currently being treated by the practitioner.

6. Disruptive behavior with physicians, hospitalpersonnel, patients, members of the families of patients or any other personsif the behavior interferes with patient care or has an adverse impact on thequality of care rendered to a patient.

7. The engaging in conduct that violates the trust ofa patient and exploits the relationship between the physician and the patientfor financial or other personal gain.

8. The failure to offer appropriate procedures or studies,to protest inappropriate denials by organizations for managed care, to providenecessary services or to refer a patient to an appropriate provider, when sucha failure occurs with the intent of positively influencing the financialwell-being of the practitioner or an insurer.

9. The engaging in conduct that brings the medicalprofession into disrepute, including, without limitation, conduct that violatesany provision of a code of ethics adopted by the Board by regulation based on anational code of ethics.

10. The engaging in sexual contact with the surrogateof a patient or other key persons related to a patient, including, withoutlimitation, a spouse, parent or legal guardian, which exploits the relationshipbetween the physician and the patient in a sexual manner.

11. Conviction of:

(a) Murder, voluntary manslaughter or mayhem;

(b) Any felony involving the use of a firearm or otherdeadly weapon;

(c) Assault with intent to kill or to commit sexualassault or mayhem;

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

(e) Abuse or neglect of a child or contributorydelinquency;

(f) A violation of any federal or state law regulatingthe possession, distribution or use of any controlled substance or anydangerous drug as defined in chapter 454 ofNRS; or

(g) Any offense involving moral turpitude.

(Added to NRS by 1977, 824; A 1981, 590; 1983, 305;1985, 2236; 1987, 197; 1991, 1070; 1993, 782; 1997, 684; 2001, 766; 2003, 2707, 3433; 2003, 20thSpecial Session, 264, 265; 2005, 2522)

NRS 630.304 Misrepresentationin obtaining or reviewing license; false advertising; practicing under anothername; signing blank prescription forms; influencing patient to engage in sexualactivity; discouraging second opinion; terminating care without adequatenotice. The following acts, among others,constitute grounds for initiating disciplinary action or denying licensure:

1. Obtaining, maintaining or renewing or attempting toobtain, maintain or renew a license to practice medicine by bribery, fraud ormisrepresentation or by any false, misleading, inaccurate or incompletestatement.

2. Advertising the practice of medicine in a false,deceptive or misleading manner.

3. Practicing or attempting to practice medicine underanother name.

4. Signing a blank prescription form.

5. Influencing a patient in order to engage in sexualactivity with the patient or with others.

6. Attempting directly or indirectly, by way ofintimidation, coercion or deception, to obtain or retain a patient or todiscourage the use of a second opinion.

7. Terminating the medical care of a patient withoutadequate notice or without making other arrangements for the continued care ofthe patient.

(Added to NRS by 1983, 301; A 1985, 2236; 1987, 198)

NRS 630.305 Acceptingcompensation to influence evaluation or treatment; inappropriate division offees; inappropriate referral to health facility, laboratory or commercialestablishment; charging for services not rendered; aiding practice byunlicensed person; delegating responsibility to unqualified person; failing todisclose conflict of interest; failing to initiate performance of communityservice; exception.

1. The following acts, among others, constitutegrounds for initiating disciplinary action or denying licensure:

(a) Directly or indirectly receiving from any person,corporation or other business organization any fee, commission, rebate or otherform of compensation which is intended or tends to influence the physiciansobjective evaluation or treatment of a patient.

(b) Dividing a fee between licensees except where thepatient is informed of the division of fees and the division of fees is made inproportion to the services personally performed and the responsibility assumedby each licensee.

(c) Referring, in violation of NRS 439B.425, a patient to a healthfacility, medical laboratory or commercial establishment in which the licenseehas a financial interest.

(d) Charging for visits to the physicians office whichdid not occur or for services which were not rendered or documented in therecords of the patient.

(e) Aiding, assisting, employing or advising, directlyor indirectly, any unlicensed person to engage in the practice of medicinecontrary to the provisions of this chapter or the regulations of the Board.

(f) Delegating responsibility for the care of a patientto a person if the licensee knows, or has reason to know, that the person isnot qualified to undertake that responsibility.

(g) Failing to disclose to a patient any financial orother conflict of interest.

(h) Failing to initiate the performance of community servicewithin 1 year after the date the community service is required to begin, if thecommunity service was imposed as a requirement of the licensees receivingloans or scholarships from the Federal Government or a state or localgovernment for his medical education.

2. Nothing in this section prohibits a physician fromforming an association or other business relationship with an optometristpursuant to the provisions of NRS 636.373.

(Added to NRS by 1983, 301; A 1985, 2237; 1987, 198;1989, 1114; 1991, 2437; 1993, 2302, 2596; 1995, 714, 2562)

NRS 630.306 Inabilityto practice medicine; deceptive conduct; violation of statute or regulationgoverning practice of medicine; unlawful distribution of controlled substance;injection of silicone; practice beyond scope of license; practicingexperimental medicine without consent of patient; lack of skill or diligence;filing of false report; habitual intoxication; failure to report modification oflicense in another jurisdiction. The followingacts, among others, constitute grounds for initiating disciplinary action ordenying licensure:

1. Inability to practice medicine with reasonableskill and safety because of illness, a mental or physical condition or the useof alcohol, drugs, narcotics or any other substance.

2. Engaging in any conduct:

(a) Which is intended to deceive;

(b) Which the Board has determined is a violation ofthe standards of practice established by regulation of the Board; or

(c) Which is in violation of a regulation adopted bythe State Board of Pharmacy.

3. Administering, dispensing or prescribing anycontrolled substance, or any dangerous drug as defined in chapter 454 of NRS, to or for himself or toothers except as authorized by law.

4. Performing, assisting or advising the injection ofany substance containing liquid silicone into the human body, except for theuse of silicone oil to repair a retinal detachment.

5. Practicing or offering to practice beyond the scopepermitted by law or performing services which the licensee knows or has reasonto know that he is not competent to perform.

6. Performing, without first obtaining the informedconsent of the patient or his family, any procedure or prescribing any therapywhich by the current standards of the practice of medicine are experimental.

7. Continual failure to exercise the skill ordiligence or use the methods ordinarily exercised under the same circumstancesby physicians in good standing practicing in the same specialty or field.

8. Making or filing a report which the licensee orapplicant knows to be false or failing to file a record or report as requiredby law or regulation.

9. Failing to comply with the requirements of NRS 630.254.

10. Habitual intoxication from alcohol or dependencyon controlled substances.

11. Failure by a licensee or applicant to report,within 30 days, the revocation, suspension or surrender of his license topractice medicine in another jurisdiction.

12. Failure to be found competent to practice medicineas a result of an examination to determine medical competency pursuant to NRS 630.318.

(Added to NRS by 1983, 302; A 1985, 2238; 1987, 199,800, 1554, 1575)

NRS 630.3062 Failureto maintain proper medical records; altering medical records; making falsereport; failure to file or obstructing required report; failure to allowinspection and copying of medical records; failure to report other person inviolation of chapter or regulations. Thefollowing acts, among others, constitute grounds for initiating disciplinaryaction or denying licensure:

1. Failure to maintain timely, legible, accurate andcomplete medical records relating to the diagnosis, treatment and care of apatient.

2. Altering medical records of a patient.

3. Making or filing a report which the licensee knowsto be false, failing to file a record or report as required by law or willfullyobstructing or inducing another to obstruct such filing.

4. Failure to make the medical records of a patientavailable for inspection and copying as provided in NRS 629.061.

5. Failure to comply with the requirements of NRS 630.3068.

6. Failure to report any person the licensee knows, orhas reason to know, is in violation of the provisions of this chapter or theregulations of the Board.

(Added to NRS by 1985, 2223; A 1987, 199; 2001, 767; 2002 Special Session,19; 2003, 3433)

NRS 630.3065 Willfuldisclosure of privileged communication; willful failure to comply with statuteor regulation governing practice of medicine. Thefollowing acts, among others, constitute grounds for initiating disciplinaryaction or denying licensure:

1. Willful disclosure of a communication privilegedpursuant to a statute or court order.

2. Willful failure to comply with:

(a) A regulation, subpoena or order of the Board or acommittee designated by the Board to investigate a complaint against aphysician;

(b) A court order relating to this chapter; or

(c) A provision of this chapter.

3. Willful failure to perform a statutory or otherlegal obligation imposed upon a licensed physician, including a violation ofthe provisions of NRS 439B.410.

(Added to NRS by 1983, 302; A 1985, 2238; 1987, 200;1989, 1663; 1993, 2302)

NRS 630.3066 Prescribingor administering certain controlled substances for treatment of intractablepain not grounds for initiating disciplinary action. Aphysician is not subject to disciplinary action solely for:

1. Prescribing or administering to a patient under hiscare a controlled substance which is listed in schedule II, III, IV or V by theState Board of Pharmacy pursuant to NRS453.146, if the controlled substance is lawfully prescribed or administeredfor the treatment of intractable pain in accordance with regulations adopted bythe Board.

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

(Added to NRS by 1977, 1647; A 1983, 337; 1995, 1734;2001, 768, 3073)

Reports, Complaints, Investigations and PreliminaryProceedings

NRS 630.30665 Physicianrequired to report certain information concerning surgeries; effect of failureto report; duties of Board; confidentiality of report; applicability.

1. The Board shall require each holder of a license topractice medicine to submit annually to the Board, on a form provided by theBoard, and in the format required by the Board by regulation, a report:

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

(1) At a medical facility as that term isdefined 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 filingfalse information in a report constitutes grounds for initiating disciplinaryaction.

3. The Board shall:

(a) Collect and maintain reports received pursuant tosubsection 1; and

(b) Ensure that the reports, and any additional documentscreated 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 isconfidential, not subject to subpoena or discovery, and not subject toinspection by the general public.

5. The provisions of this section do not apply tosurgical care requiring only the administration of oral medication to a patientto relieve the patients anxiety or pain, if the medication is not given in adosage that is sufficient to induce in a patient a controlled state ofdepressed consciousness or unconsciousness similar to general anesthesia, deepsedation or conscious sedation.

6. As used in this section:

(a) Conscious sedation means a minimally depressedlevel of consciousness, produced by a pharmacologic or nonpharmacologic method,or a combination thereof, in which the patient retains the abilityindependently and continuously to maintain an airway and to respondappropriately to physical stimulation and verbal commands.

(b) Deep sedation means a controlled state ofdepressed consciousness, produced by a pharmacologic or nonpharmacologicmethod, or a combination thereof, and accompanied by a partial loss ofprotective reflexes and the inability to respond purposefully to verbalcommands.

(c) General anesthesia means a controlled state ofunconsciousness, produced by a pharmacologic or nonpharmacologic method, or acombination thereof, and accompanied by partial or complete loss of protectivereflexes and the inability independently to maintain an airway and respondpurposefully to physical stimulation or verbal commands.

(d) Sentinel event means an unexpected occurrenceinvolving death or serious physical or psychological injury or the risk thereof,including, without limitation, any process variation for which a recurrencewould carry a significant chance of serious adverse outcome. The term includesloss of limb or function.

(Added to NRS by 2005, 2512)

NRS 630.3067 Insurerof physician required to report certain information concerning malpractice;administrative penalties for failure to report.

1. The insurer of a physician licensed under thischapter shall report to the Board:

(a) Any action for malpractice against the physiciannot later than 45 days after the physician receives service of a summons andcomplaint for the action;

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

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

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

(Added to NRS by 1985, 2223; A 2002 Special Session,20; 2003, 3434)

NRS 630.3068 Physicianrequired to report certain information concerning malpractice and sanctionsimposed against physician; administrative penalties for failure to report;reports deemed public records.

1. A physician shall report to the Board:

(a) Any action for malpractice against the physiciannot later than 45 days after the physician receives service of a summons andcomplaint for the action;

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

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

(d) Any sanctions imposed against the physician thatare reportable to the National Practitioner Data Bank not later than 45 daysafter the sanctions are imposed.

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

3. All reports made by a physician pursuant to thissection are public records.

(Added to NRS by 2003, 3428)

NRS 630.3069 Boardrequired to conduct investigation after receiving certain reports concerningmalpractice. If the Board receives a reportpursuant to the provisions of NRS 630.3067,630.3068, 690B.250 or 690B.260 indicating that a judgment hasbeen rendered or an award has been made against a physician regarding an actionor claim for malpractice or that such an action or claim against the physicianhas been resolved by settlement, the Board shall conduct an investigation todetermine whether to impose disciplinary action against the physician regardingthe action or claim, unless the Board has already commenced or completed suchan investigation regarding the action or claim before it receives the report.

(Added to NRS by 2003, 3428)

NRS 630.307 Generalrequirements for filing complaint; medical facilities and societies required toreport certain information concerning physicians privileges and disciplinaryaction; administrative penalties for failure to report; clerk of court requiredto report certain information concerning court actions.

1. Any person, medical school or medical facility thatbecomes aware that a person practicing medicine or respiratory care in thisState has, is or is about to become engaged in conduct which constitutesgrounds for initiating disciplinary action shall file a written complaint withthe Board within 30 days after becoming aware of the conduct.

2. Any hospital, clinic or other medical facilitylicensed in this State, or medical society, shall report to the Board anychange in a physicians privileges to practice medicine while the physician isunder investigation and the outcome of any disciplinary action taken by thatfacility or society against the physician concerning the care of a patient orthe competency of the physician within 30 days after the change in privilegesis made or disciplinary action is taken. The Board shall report any failure tocomply with this subsection by a hospital, clinic or other medical facilitylicensed in this State to the Health Division of the Department of Health andHuman Services. If, after a hearing, the Health Division determines that anysuch facility or society failed to comply with the requirements of thissubsection, 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 theadministrative fine is not paid when due, the fine must be recovered in a civilaction brought by the Attorney General on behalf of the Division.

3. The clerk of every court shall report to the Boardany finding, judgment or other determination of the court that a physician,physician assistant or practitioner of respiratory care:

(a) Is mentally ill;

(b) Is mentally incompetent;

(c) Has been convicted of a felony or any law governingcontrolled substances or dangerous drugs;

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

(e) Is liable for damages for malpractice ornegligence,

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

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

(Added to NRS by 1977, 824; A 1985, 2239; 2001, 768; 2002 Special Session,20)

NRS 630.309 Requirementsfor filing complaint against physician assistant or practitioner of respiratorycare. To institute a disciplinary actionagainst a physician assistant or practitioner of respiratory care, a writtencomplaint, specifying the charges, must be filed with the Board by:

1. The Board or a committee designated by the Board toinvestigate a complaint;

2. Any member of the Board; or

3. Any other person who is aware of any act orcircumstance constituting a ground for disciplinary action set forth in theregulations adopted by the Board.

(Added to NRS by 1989, 663; A 2001, 772)(Substitutedin revision for NRS 630.368)

NRS 630.311 Reviewof complaint; investigation; composition of committee; filing of complaint withBoard.

1. A committee designated by the Board and consistingof members of the Board shall review each complaint and conduct aninvestigation to determine if there is a reasonable basis for the complaint.The committee must be composed of at least three members of the Board, at leastone of whom is qualified pursuant to subsection 2 of NRS 630.060. The committee may issue ordersto aid its investigation including, but not limited to, compelling a physicianto appear before the committee.

2. If, after conducting an investigation, thecommittee determines that there is a reasonable basis for the complaint andthat a violation of any provision of this chapter has occurred, the committeemay file a formal complaint with the Board.

(Added to NRS by 1977, 824; A 1983, 306; 1985, 2239;1987, 200; 1993, 2302)

NRS 630.318 Physicalor mental examination of physician; examination to determine medicalcompetence.

1. If the Board or any investigative committee of theBoard has reason to believe that the conduct of any physician has raised areasonable question as to his competence to practice medicine with reasonableskill and safety to patients, or if the Board has received a report pursuant tothe provisions of NRS 630.3067, 630.3068, 690B.250 or 690B.260 indicating that a judgment hasbeen rendered or an award has been made against a physician regarding an actionor claim for malpractice or that such an action or claim against the physicianhas been resolved by settlement, it may order that the physician undergo amental or physical examination or an examination testing his competence topractice medicine by physicians or other examinations designated by the Board toassist the Board or committee in determining the fitness of the physician topractice medicine.

2. For the purposes of this section:

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

(b) The testimony or reports of the examiningphysicians are not privileged communications.

3. Except in extraordinary circumstances, asdetermined by the Board, the failure of a physician licensed under this chapterto submit to an examination when directed as provided in this sectionconstitutes an admission of the charges against him.

(Added to NRS by 1977, 825; A 1985, 2240; 1987, 200; 2003, 3434)

NRS 630.326 Limitationof time for completion of examination if Board issues order suspending license. If the Board issues an order suspending the license of aphysician pending proceedings for disciplinary action and requires thephysician to submit to a mental or physical examination or an examinationtesting his competence to practice medicine, the examination must be conductedand the results obtained not later than 60 days after the Board issues itsorder.

(Added to NRS by 1977, 825; A 1985, 2241)

NRS 630.329 Stayof order of suspension by court prohibited. Ifthe Board issues an order suspending the license of a physician, physicianassistant or practitioner of respiratory care pending proceedings fordisciplinary action, the court shall not stay that order.

(Added to NRS by 1977, 825; A 1985, 2241; 2001, 768)

NRS 630.336 Confidentialityof certain proceedings, reports, complaints, investigations, records and otherinformation; exceptions.

1. Any deliberations conducted or vote taken by theBoard or any investigative committee of the Board regarding its ordering of aphysician, physician assistant or practitioner of respiratory care to undergo aphysical or mental examination or any other examination designated to assistthe Board or committee in determining the fitness of a physician, physicianassistant or practitioner of respiratory care are not subject to therequirements of NRS 241.020.

2. Except as otherwise provided in subsection 3 or 4,all applications for a license to practice medicine or respiratory care, anycharges filed by the Board, financial records of the Board, formal hearings onany charges heard by the Board or a panel selected by the Board, records ofsuch hearings and any order or decision of the Board or panel must be open tothe public.

3. The following may be kept confidential:

(a) Any statement, evidence, credential or other proofsubmitted in support of or to verify the contents of an application;

(b) Any report concerning the fitness of any person toreceive or hold a license to practice medicine or respiratory care; and

(c) Any communication between:

(1) The Board and any of its committees orpanels; and

(2) The Board or its staff, investigators,experts, committees, panels, hearing officers, advisory members or consultantsand counsel for the Board.

4. Except as otherwise provided in subsection 5, acomplaint filed with the Board pursuant to NRS630.307, all documents and other information filed with the complaint andall documents and other information compiled as a result of an investigationconducted to determine whether to initiate disciplinary action are confidential.

5. The complaint or other document filed by the Boardto initiate disciplinary action and all documents and information considered bythe Board when determining whether to impose discipline are public records.

6. This section does not prevent or prohibit the Boardfrom communicating or cooperating with any other licensing board or agency orany agency which is investigating a licensee, including a law enforcementagency. Such cooperation may include, without limitation, providing the boardor agency with minutes of a closed meeting, transcripts of oral examinationsand the results of oral examinations.

(Added to NRS by 1977, 826; A 1985, 2241; 1987, 201;1989, 664; 2001, 769;2003, 3435)

Disciplinary Proceedings

NRS 630.339 Noticeof hearing and charges to be furnished to licensee.

1. If a committee designated by the Board to conductan investigation of a complaint decides to proceed with disciplinary action, itshall bring charges against the licensee. If charges are brought, the Boardshall fix a time and place for a formal hearing. If the Board receives a reportpursuant to subsection 5 of NRS 228.420,such a hearing must be held within 30 days after receiving the report. TheBoard shall notify the licensee of the charges brought against him, the timeand place set for the hearing, and the possible sanctions authorized in NRS 630.352.

2. The Board, a hearing officer or a panel of itsmembers designated by the Board shall hold the formal hearing on the charges atthe time and place designated in the notification. If the hearing is before apanel, at least one member of the Board who is not a physician must participatein this hearing.

(Added to NRS by 1977, 826; A 1983, 306; 1985, 2242;1987, 202; 1993, 783, 2303)

NRS 630.342 Submissionof fingerprints required upon initiation of disciplinary action; additionalgrounds for disciplinary action.

1. Any physician against whom the Board initiatesdisciplinary action pursuant to this chapter shall, within 30 days after thephysicians receipt of notification of the initiation of the disciplinaryaction, submit to the Board a complete set of his fingerprints and writtenpermission authorizing the Board to forward the fingerprints to the CentralRepository for Nevada Records of Criminal History for submission to the FederalBureau of Investigation for its report.

2. The willful failure of a physician to comply withthe requirements of subsection 1 constitutes additional grounds fordisciplinary action and the revocation of the license of the physician.

3. The Board has additional grounds for initiatingdisciplinary action against a physician if the report from the Federal Bureauof Investigation indicates that the physician has been convicted of:

(a) An act that is a ground for disciplinary actionpursuant to NRS 630.301 to 630.3066, inclusive; or

(b) A violation of NRS630.400.

(Added to NRS by 2005, 2522)

NRS 630.344 Serviceof process.

1. Service of process under this chapter must be madeon a licensee personally, or by registered or certified mail with returnreceipt requested addressed to the licensee at his last known address. Ifpersonal service cannot be made and if notice by mail is returned undelivered,the Secretary-Treasurer of the Board shall cause notice to be published once aweek for 4 consecutive weeks in a newspaper published in the county of the lastknown address of the licensee or, if no newspaper is published in that county,then in a newspaper widely distributed in that county.

2. Proof of service of process or publication ofnotice made under this chapter must be filed with the Board and recorded in theminutes of the Board.

(Added to NRS by 1977, 826; A 1985, 2242; 2001, 769)

NRS 630.346 Requirementsfor proof. In any disciplinary hearing:

1. The Board, a panel of the members of the Board anda hearing officer are not bound by formal rules of evidence and a witness mustnot be barred from testifying solely because he was or is incompetent.

2. Proof of actual injury need not be established.

3. A certified copy of the record of a court or alicensing agency showing a conviction or plea of nolo contendere or thesuspension, revocation, limitation, modification, denial or surrender of alicense to practice medicine or respiratory care is conclusive evidence of itsoccurrence.

(Added to NRS by 1977, 826; A 1985, 2243; 2001, 770)

NRS 630.348 Standardsfor revocation of license.

1. Each person who holds a license issued pursuant tothis chapter and who accepts the privilege of practicing medicine orrespiratory care within this State pursuant to the provisions of the licenseshall be deemed to have given his consent to the revocation of the license atany time by the Board in accordance with the provisions of this section.

2. The Board shall not revoke a license issuedpursuant to this chapter unless the Board finds by a preponderance of theevidence that the licensee committed a material violation of:

(a) Any provision of NRS630.161 or 630.301 to 630.3065, inclusive; or

(b) Any condition, restriction or limitation imposed onthe license.

(Added to NRS by 2003, 3428)

NRS 630.352 Dispositionof charges: Service of order finding violation or notice of dismissal ofcharges; disclosure of complaint; required disciplinary action for violations;private reprimands prohibited; orders imposing discipline deemed publicrecords.

1. Any member of the Board, except for an advisorymember serving on a panel of the Board hearing charges, may participate in thefinal order of the Board. If the Board, after a formal hearing, determines froma preponderance of the evidence that a violation of the provisions of thischapter or of the regulations of the Board has occurred, it shall issue andserve on the physician charged an order, in writing, containing its findingsand any sanctions.

2. If the Board determines that no violation hasoccurred, it shall dismiss the charges, in writing, and notify the physicianthat the charges have been dismissed. If the disciplinary proceedings wereinstituted against the physician as a result of a complaint filed against him,the Board may provide the physician with a copy of the complaint.

3. Except as otherwise provided in subsection 4, ifthe Board finds that a violation has occurred, it shall by order take one ormore of the following actions:

(a) Place the person on probation for a specifiedperiod on any of the conditions specified in the order;

(b) Administer to him a public reprimand;

(c) Limit his practice or exclude one or more specifiedbranches of medicine from his practice;

(d) Suspend his license for a specified period or untilfurther order of the Board;

(e) Revoke his license to practice medicine, but onlyin accordance with the provisions of NRS630.348;

(f) Require him to participate in a program to correctalcohol or drug dependence or any other impairment;

(g) Require supervision of his practice;

(h) Impose a fine not to exceed $5,000;

(i) Require him to perform community service withoutcompensation;

(j) Require him to take a physical or mentalexamination or an examination testing his competence; and

(k) Require him to fulfill certain training oreducational requirements.

4. If the Board finds that the physician has violatedthe provisions of NRS 439B.425, theBoard shall suspend his license for a specified period or until further orderof the Board.

5. The Boardshall not administer a private reprimand if the Board finds that a violationhas occurred.

6. An order that imposes discipline and the findingsof fact and conclusions of law supporting that order are public records.

(Added to NRS by 1977, 826; A 1985, 2243; 1989, 664;1991, 2438; 1993, 2597; 1997, 685; 2001, 770; 2001 Special Session,153, 161; 2003, 3436)

NRS 630.355 Actsconstituting contempt; stay of related disciplinary proceedings; transfer ofjurisdiction to district court; penalties; manner in which person may purgehimself of contempt.

1. If a person, in a proceeding before the Board, ahearing officer or a panel of the Board:

(a) Disobeys or resists a lawful order;

(b) Refuses to take an oath or affirmation as awitness;

(c) Refuses to be examined; or

(d) Engages in conduct during a hearing or so near theplace thereof as to obstruct the proceeding,

the Board,hearing officer or panel may certify the facts to the district court of thecounty in which the proceeding is being conducted. Such a certificationoperates as a stay of all related disciplinary proceedings. The court shallissue an order directing the person to appear before the court and show causewhy he should not be held in contempt.

2. A copy of the statement of the Board, hearingofficer or panel, and the order of the district court issued pursuant tosubsection 1, must be served on the person. Thereafter, the court hasjurisdiction of the matter.

3. The same proceedings must be had, the samepenalties may be imposed and the person may purge himself of the contempt inthe same way as in the case of a person who has committed a contempt in thetrial of a civil action.

(Added to NRS by 1997, 679; A 2001, 771)

NRS 630.356 Judicialreview; effective date of order; stay of Boards order by court prohibited.

1. Any person aggrieved by a final order of the Boardis entitled to judicial review of the Boards order.

2. Every order that imposes a sanction against alicensee pursuant to subsection 3 or 4 of NRS630.352 or any regulation of the Board is effective from the date theSecretary-Treasurer certifies the order until the date the order is modified orreversed by a final judgment of the court. The court shall not stay the orderof the Board pending a final determination by the court.

3. The district court shall give a petition forjudicial review of the Boards order priority over other civil matters which arenot expressly given priority by law.

(Added to NRS by 1977, 827; A 1979, 957; 1985, 2244; 2001, 771)

NRS 630.358 Restorationof license.

1. Any person:

(a) Whose practice of medicine or respiratory care hasbeen limited; or

(b) Whose license to practice medicine or respiratorycare has been:

(1) Suspended until further order; or

(2) Revoked,

by an orderof the Board, may apply to the Board for removal of the limitation orrestoration of his license.

2. In hearing the application, the Board:

(a) May require the person to submit to a mental orphysical examination or an examination testing his competence to practicemedicine or respiratory care by physicians or practitioners of respiratorycare, as appropriate, or other examinations it designates and submit such otherevidence of changed conditions and of fitness as it deems proper;

(b) Shall determine whether under all the circumstancesthe time of the application is reasonable; and

(c) May deny the application or modify or rescind itsorder as it deems the evidence and the public safety warrants.

3. The licensee has the burden of proving by clear andconvincing evidence that the requirements for restoration of the license orremoval of the limitation have been met.

4. The Board shall not restore a license unless it issatisfied that the person has complied with all of the terms and conditions setforth in the final order of the Board and that the person is capable ofpracticing medicine or respiratory care in a safe manner.

5. To restore a license that has been revoked by theBoard, the applicant must apply for a license and take an examination as thoughhe had never been licensed under this chapter.

(Added to NRS by 1977, 827; A 1985, 2244; 2001, 771)

Miscellaneous Provisions

NRS 630.364 Immunityfrom civil action.

1. Any person or organization who furnishesinformation concerning an applicant for a license or a licensee in good faithand without malicious intent in accordance with the provisions of this chapteris immune from any civil action for furnishing that information.

2. The Board and any of its members and its staff,counsel, investigators, experts, committees, panels, hearing officers andconsultants are immune from any civil liability for:

(a) Any decision or action taken in good faith andwithout malicious intent in response to information acquired by the Board.

(b) Disseminating information concerning an applicantfor a license or a licensee to other boards or agencies of the State, theAttorney General, any hospitals, medical societies, insurers, employers,patients and their families or any law enforcement agency.

(Added to NRS by 1977, 619, 827; A 1981, 590; 1985,2012, 2245; 1989, 425; 2002 Special Session,21)

NRS 630.366 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation 2 years after thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

1. If the Board receives a copy of a court orderissued pursuant to NRS 425.540 thatprovides for the suspension of all professional, occupational and recreationallicenses, certificates and permits issued to a person who is the holder of alicense to practice medicine, to practice as a physician assistant or topractice as a practitioner of respiratory care, the Board shall deem thelicense issued to that person to be suspended at the end of the 30th day afterthe date on which the court order was issued unless the Board receives a letterissued to the holder of the license by the district attorney or other publicagency pursuant to NRS 425.550 statingthat the holder of the license has complied with the subpoena or warrant or hassatisfied the arrearage pursuant to NRS425.560.

2. The Board shall reinstate a license to practicemedicine, to practice as a physician assistant or to practice as a practitionerof respiratory care that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letterissued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license wassuspended stating that the person whose license was suspended has complied withthe subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2119; A 1999, 520; 2001, 772; 2005, 2807, 2810)

PRESCRIPTIONS FOR OPHTHALMIC LENSES

NRS 630.375 Formfor prescription; requirements for initial fitting of contact lenses.

1. The form for any prescription which is issued foran ophthalmic lens by an ophthalmologist in this State must contain lines orboxes in substantially the following form:

 

Approved for contact lenses................................................................ _________

Not approved for contact lenses.......................................................... _________

 

2. The prescribing ophthalmologist shall mark or checkone of the lines or boxes required by subsection 1 each time such aprescription is issued by him.

3. If the prescription is for a contact lens, the formmust set forth the expiration date of the prescription, the number of refillsapproved for the patient and such other information as is necessary for theprescription to be filled properly.

4. The initial fitting of a contact lens must beperformed by an ophthalmologist or optometrist licensed in this State.

5. As used in this section, initial fitting meansmeasuring the health, integrity and refractive error of the eye to determine whethercontacts may be approved pursuant to subsection 1.

(Added to NRS by 1987, 1698; A 1997, 1257; 2003, 511)

INJUNCTIVE RELIEF

NRS 630.388 Authorityof Board to apply for injunctive relief.

1. In addition to any other remedy provided by law,the Board, through its President or Secretary-Treasurer or the AttorneyGeneral, may apply to any court of competent jurisdiction:

(a) To enjoin any prohibited act or other conduct of alicensee which is harmful to the public;

(b) To enjoin any person who is not licensed under thischapter from practicing medicine or respiratory care;

(c) To limit the practice of a physician, physicianassistant or practitioner of respiratory care, or suspend his license topractice; or

(d) To enjoin the use of the title P.A., P.A.-C,R.C.P. or any other word, combination of letters or other designationintended to imply or designate a person as a physician assistant orpractitioner of respiratory care, when not licensed by the Board pursuant tothis chapter, unless the use is otherwise authorized by a specific statute.

2. The court in a proper case may issue a temporaryrestraining order or a preliminary injunction for the purposes set forth insubsection 1:

(a) Without proof of actual damage sustained by anyperson;

(b) Without relieving any person from criminalprosecution for engaging in the practice of medicine without a license; and

(c) Pending proceedings for disciplinary action by theBoard.

(Added to NRS by 1977, 825; A 1985, 2241; 1987, 201; 2001, 768; 2003, 3435)(Substitutedin revision for NRS 630.333)

NRS 630.390 Sufficiencyof allegations in application for injunctive relief. Inseeking injunctive relief against any person for an alleged violation of thischapter by practicing medicine or respiratory care without a license, it issufficient to allege that he did, upon a certain day, and in a certain countyof this State, engage in the practice of medicine or respiratory care withouthaving a license to do so, without alleging any further or more particular factsconcerning the same.

[Part 17:169:1949; 1943 NCL 4107.17](NRS A 1973,519; 1985, 2245; 2001,773)

UNLAWFUL ACTS; PENALTIES

NRS 630.400 Penaltyfor certain violations. A person who:

1. Presents to the Board as his own the diploma,license or credentials of another;

2. Gives either false or forged evidence of any kindto the Board;

3. Practices medicine or respiratory care under afalse or assumed name or falsely personates another licensee;

4. Except as otherwise provided by specific statute,practices medicine or respiratory care without being licensed under thischapter;

5. Holds himself out as a physician assistant or usesany other term indicating or implying that he is a physician assistant withoutbeing licensed by the Board; or

6. Holds himself out as a practitioner of respiratorycare or uses any other term indicating or implying that he is a practitioner ofrespiratory care without being licensed by the Board,

is guilty ofa category D felony and shall be punished as provided in NRS 193.130.

[18:169:1949; 1943 NCL 4107.18](NRS A 1967, 641;1973, 519; 1975, 418; 1979, 1490; 1985, 2245; 1987, 202; 1995, 1309; 1997, 686;2001, 773; 2003, 1891, 3437)

NRS 630.405 Penaltyfor failure to make records concerning health care available for inspection orcopying. A physician licensed pursuant to thischapter who willfully fails or refuses to make the health care records of apatient available for physical inspection or copying as provided in NRS 629.061 is guilty of a misdemeanor.

(Added to NRS by 1983, 301)

NRS 630.411 Unauthorizeduse of insignia, license or documents prohibited. Aperson shall not use the seal, the designation of the Board or any license,card or certificate issued by the Board or any imitation thereof in any way notauthorized by this chapter or regulations of the Board.

(Added to NRS by 1985, 2223)

 

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