2005 Nevada Revised Statutes - Chapter 633 — Osteopathic Medicine

CHAPTER 633 - OSTEOPATHIC MEDICINE

GENERAL PROVISIONS

NRS 633.011 Definitions.

NRS 633.021 Boarddefined.

NRS 633.025 Complaintdefined.

NRS 633.031 Employingosteopathic physician defined.

NRS 633.033 Formalcomplaint defined.

NRS 633.041 Grossmalpractice defined.

NRS 633.051 Healingart defined.

NRS 633.055 Hearingofficer defined.

NRS 633.061 Hospitalinternship defined.

NRS 633.071 Malpracticedefined.

NRS 633.081 Osteopathicmedicine and osteopathy defined.

NRS 633.091 Osteopathicphysician defined.

NRS 633.101 Osteopathicphysicians assistant defined.

NRS 633.105 Paneldefined.

NRS 633.111 Professionalincompetence defined.

NRS 633.121 Schoolof osteopathic medicine defined.

NRS 633.131 Unprofessionalconduct defined.

NRS 633.151 Licenseas revocable privilege.

NRS 633.161 Rightsand duties of osteopathic physicians.

NRS 633.171 Applicability.

STATE BOARD OF OSTEOPATHIC MEDICINE

NRS 633.181 Numberand appointment of members.

NRS 633.191 Qualificationsof members.

NRS 633.201 Termsand replacement of members.

NRS 633.211 Oathsof office.

NRS 633.221 Officers.

NRS 633.231 Meetings;quorum.

NRS 633.241 Compensationof members and employees.

NRS 633.251 Fiscalyear.

NRS 633.261 Paymentof Boards expenses from fees; deposit of money received by Board.

NRS 633.271 ExecutiveDirector; offices; employees.

NRS 633.281 Oaths;subpoenas.

NRS 633.286 Reportsto Governor and Legislature.

NRS 633.291 Regulations.

NRS 633.301 Records;confidentiality of certain records; exceptions.

LICENSING

NRS 633.311 Qualificationsof applicants.

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

NRS 633.321 Applications:Filing; action by Board.

NRS 633.322 Submissionof certificate of completion of progressive postgraduate training.

NRS 633.324 Submissionof certain information concerning claims for malpractice, complaints anddisciplinary action involving applicant.

NRS 633.326 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 633.326 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 633.328 Submissionof fingerprints.

NRS 633.331 Examinations.

NRS 633.341 Reexaminations.

NRS 633.351 Rightof appeal of unsuccessful applicant.

NRS 633.361 Issuanceof license without examination.

NRS 633.371 Displayof license.

NRS 633.381 Licensesissued before July 1, 1977, remain effective.

NRS 633.391 Temporarylicenses.

NRS 633.401 Speciallicenses: Physician from adjoining state; resident enrolled in postgraduatetraining program; specified purposes.

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

NRS 633.421 Licensesto bear seal and signatures of Boards officers; authority to practiceosteopathic medicine.

NRS 633.431 Osteopathicphysicians assistants: Training programs and standards.

NRS 633.441 Osteopathicphysicians assistants: Application to employ assistant.

NRS 633.451 Osteopathicphysicians assistants: Approval of application to employ assistant; issuanceand renewal of certificate.

NRS 633.461 Osteopathicphysicians assistant: Scope of authorized activities.

NRS 633.466 Osteopathicphysicians assistant: Supervision by physician.

NRS 633.471 Renewalof license: Prerequisites; notice to licensee; evidence of continuing medicaleducation; exemption from fee.

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

NRS 633.491 Renewalof license of retired licensee; inactive status; procedure to restore activestatus.

NRS 633.501 Fees.

EMPLOYEES

NRS 633.505 Retaliationor discrimination against employee who reports or participates in investigationor proceeding relating to sentinel event or certain conduct of osteopathicphysician prohibited; restriction of right prohibited.

NRS 633.507 Retaliationor discrimination against employee who reports or participates in investigationor proceeding relating to sentinel event or certain conduct of osteopathicphysician: Legal recourse of employee.

REGULATION AND DISCIPLINE

General Provisions

NRS 633.509 Jurisdictionof Board over licensee unaffected by expiration or voluntary surrender oflicense.

NRS 633.511 Groundsfor initiating disciplinary action.

NRS 633.521 Prescribingor administering certain drugs or controlled substances or engaging in activityrelating to medical use of marijuana not grounds for disciplinary action undercertain circumstances.

 

Reports, Complaints, Investigations and Preliminary Proceedings

NRS 633.524 Osteopathicphysician required to report certain information concerning surgeries; effectof failure to report; duties of Board; confidentiality of report;applicability.

NRS 633.526 Insurerof osteopathic physician required to report certain information concerningmalpractice; administrative penalties for failure to report.

NRS 633.527 Osteopathicphysician required to report certain information concerning malpractice andsanctions imposed against osteopathic physician; administrative penalties forfailure to report; reports deemed public records.

NRS 633.528 Boardrequired to conduct investigation after receiving certain reports concerningmalpractice.

NRS 633.529 Boardauthorized to order certain examinations of osteopathic physician afterreceiving certain reports concerning malpractice.

NRS 633.531 Mandatoryor optional filing of complaint.

NRS 633.533 Periodfor mandatory filing of complaint; reporting of certain information relating tocompetency of osteopathic physician or osteopathic physicians assistant;noncompliance by medical facility or society.

NRS 633.541 Reviewof complaint by designated member of Board; investigation of complaint; formalcomplaint.

NRS 633.561 Mentalor physical examination.

NRS 633.571 Examinationof medical competency.

NRS 633.581 Limiton time for completing examination when Board issues summary order ofsuspension.

NRS 633.591 Stayby court of Boards summary order of suspension prohibited; exception.

NRS 633.601 Injunctiverelief.

NRS 633.611 Certainrecords relating to investigation deemed confidential; certain records relatingto disciplinary action deemed public records; dissemination of records to otherentities. [Repealed.]

 

Disciplinary Proceedings

NRS 633.621 Commencementof disciplinary proceedings required for certain violations of IndustrialInsurance Act.

NRS 633.625 Submissionof fingerprints required upon initiation of disciplinary action; additional groundsfor disciplinary action.

NRS 633.631 Serviceof process.

NRS 633.641 Requirementsfor proof.

NRS 633.651 Requireddisciplinary action for violations; private reprimands prohibited; ordersimposing discipline deemed public records.

NRS 633.660 Hearingofficers and panels: Delegation of authority by Board.

NRS 633.665 Hearingofficers and panels: Powers.

NRS 633.671 Judicialreview.

NRS 633.681 Reinstatementof license.

 

Miscellaneous Provisions

NRS 633.691 Immunityfrom civil action.

NRS 633.701 Limitationor termination of licensees privileges or criminal prosecution not precludedby disciplinary action; immunity from civil liability.

NRS 633.706 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.]

INJUNCTIVE RELIEF; PROSECUTION; PENALTIES

NRS 633.711 Injunctiverelief against person practicing without license.

NRS 633.721 Sufficiencyof allegations in criminal complaint charging unlawful practice.

NRS 633.731 Prosecutionof violators; employment of investigators and assistants.

NRS 633.741 Unlawfulacts; penalty.

_________

GENERAL PROVISIONS

NRS 633.011 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS633.021 to 633.131, inclusive, havethe meanings ascribed to them in those sections.

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

NRS 633.021 Boarddefined. Board means the State Board of OsteopathicMedicine.

(Added to NRS by 1977, 939)

NRS 633.025 Complaintdefined. Complaint means a written complaintfiled with the Board pursuant to the provisions of NRS 633.531.

(Added to NRS by 2001, 491)

NRS 633.031 Employingosteopathic physician defined. Employingosteopathic physician means an osteopathic physician licensed in this Statewho employs and supervises an osteopathic physicians assistant with Boardapproval.

(Added to NRS by 1977, 939)

NRS 633.033 Formalcomplaint defined. Formal complaint means acomplaint filed with the Board pursuant to the provisions of NRS 633.541.

(Added to NRS by 2001, 491)

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

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

2. Gross negligence;

3. Willful disregard of established medicalprocedures; or

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

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

NRS 633.051 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 1977, 940)

NRS 633.055 Hearingofficer defined. Hearing officer means aperson to whom the Board has delegated its authority pursuant to subsection 1of NRS 633.660.

(Added to NRS by 2005, 259)

NRS 633.061 Hospitalinternship defined. Hospital internshipmeans a 1-year internship in a general hospital conforming to the minimumstandards for intern training established by the American OsteopathicAssociation.

(Added to NRS by 1977, 940)

NRS 633.071 Malpracticedefined. Malpractice means failure on thepart of an osteopathic physician to exercise the degree of care, diligence andskill ordinarily exercised by osteopathic physicians in good standing in thecommunity in which he practices.

(Added to NRS by 1977, 940)

NRS 633.081 Osteopathicmedicine and osteopathy defined. Osteopathicmedicine or osteopathy means the school of medicine which:

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

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

(Added to NRS by 1977, 940)

NRS 633.091 Osteopathicphysician defined. Osteopathic physicianmeans a person who:

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

2. Has received from the Board a license to practiceosteopathic medicine.

(Added to NRS by 1977, 940)

NRS 633.101 Osteopathicphysicians assistant defined. Osteopathicphysicians assistant means a person who is approved by the Board to performmedical services under the supervision of an employing osteopathic physician.

(Added to NRS by 1977, 940)

NRS 633.105 Paneldefined. Panel means a group of persons towhom the Board has delegated its authority pursuant to subsection 2 of NRS 633.660.

(Added to NRS by 2005, 259)

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

1. Lack of knowledge or training;

2. Impaired physical or mental capability of theosteopathic physician;

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

4. Any other sole or contributing cause.

(Added to NRS by 1977, 940)

NRS 633.121 Schoolof osteopathic medicine defined. School ofosteopathic medicine means a legally chartered osteopathic school or collegewhich:

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

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

(Added to NRS by 1977, 940)

NRS 633.131 Unprofessionalconduct defined.

1. Unprofessional conduct includes:

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

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

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

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

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

(f) Engaging in any:

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

(2) Medical practice harmful to the public orany conduct detrimental to the public health, safety or morals which does notconstitute gross or repeated malpractice or professional incompetence.

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

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

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

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

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

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

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

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

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

(p) Failure of a licensee to file a record or report asrequired by law, or willfully obstructing or inducing any person to obstructsuch filing.

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

2. It is not unprofessional conduct:

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

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

(c) For a person licensed pursuant to the provisions ofthis chapter to form an association or other business relationship with anoptometrist pursuant to the provisions of NRS636.373.

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

NRS 633.151 Licenseas revocable privilege. The purpose oflicensing osteopathic physicians and osteopathic physicians assistants is toprotect the public health and safety and the general welfare of the people ofthis State. Any license issued pursuant to this chapter is a revocableprivilege and a holder of such a license does not acquire thereby any vestedright.

(Added to NRS by 1977, 942)

NRS 633.161 Rightsand duties of osteopathic physicians.

1. Osteopathic physicians have the same rights asphysicians of other schools of medicine in all respects, including but notlimited to the treatment of patients and the holding of offices in publicinstitutions.

2. All state and local government regulations relativeto the reporting of births and deaths in any matter pertaining to the publichealth apply to osteopathic physicians with the same effect as to physicians ofother schools of medicine. Such reports by osteopathic physicians shall beaccepted by the officers of the agency to which they are made.

(Added to NRS by 1977, 942)

NRS 633.171 Applicability.

1. This chapter does not apply to:

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

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

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

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

3. This chapter does not prohibit:

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

(b) The domestic administration of family remedies.

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

STATE BOARD OF OSTEOPATHIC MEDICINE

NRS 633.181 Numberand appointment of members. The State Board ofOsteopathic Medicine consists of seven members appointed by the Governor.

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

NRS 633.191 Qualificationsof members.

1. Five members of the Board must:

(a) Be licensed under this chapter;

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

(c) Have been so engaged in this State for a period ofmore than 5 years preceding their appointment.

2. One memberof the Board must be a resident of the State of Nevada and must represent theinterests of persons or agencies that regularly provide health care to patientswho are indigent, uninsured or unable to afford health care. This member mustnot be licensed under the provisions of this chapter.

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

(a) Not licensed in any state to practice any healingart;

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

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

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

NRS 633.201 Termsand replacement of members.

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

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

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

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

1. The constitutional oath of office; and

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

(Added to NRS by 1977, 943)

NRS 633.221 Officers.

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

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

(Added to NRS by 1977, 943)

NRS 633.231 Meetings;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. A majority of the Board constitutes a quorum totransact all business.

(Added to NRS by 1977, 943)

NRS 633.241 Compensationof members and employees.

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

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

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

NRS 633.251 Fiscalyear. The Board shall operate on the basis ofa fiscal year commencing on July 1 and terminating on June 30.

(Added to NRS by 1977, 943)

NRS 633.261 Paymentof Boards expenses from fees; deposit of money received by Board.

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

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

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

NRS 633.271 ExecutiveDirector; offices; employees. The Board may:

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

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

3. Employ attorneys, hearing officers, investigatorsand other professional consultants and clerical personnel necessary to thedischarge of its duties.

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

NRS 633.281 Oaths;subpoenas.

1. For the purposes of this chapter:

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

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

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

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

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

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

and askingfor an order of the court compelling the witness to comply with the subpoena.

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

4. If it appears to the court that the subpoena wasregularly issued by the Board, hearing officer or panel, the court shall enteran order that the witness appear before the Board, hearing officer or panel atthe time and place fixed in the order and testify or produce the required booksor papers, and upon failure to obey the order, the witness must be dealt withas for contempt of court.

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

NRS 633.286 Reportsto Governor and Legislature.

1. On or before February 15 of each odd-numbered year,the Board shall submit to the Governor and to the Director of the 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 osteopathic physicians for malpractice or negligence;and

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

2. The report must include only aggregate informationfor statistical purposes and exclude any identifying information related to aparticular person.

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

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

(Added to NRS by 1977, 944)

NRS 633.301 Records;confidentiality of certain records; exceptions.

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

2. Except as otherwise provided in this section, acomplaint filed with the Board, all documents and other information filed withthe complaint and all documents and other information compiled as a result ofan investigation conducted to determine whether to initiate disciplinary actionagainst a person are confidential, unless the person submits a writtenstatement to the Board requesting that such documents and information be madepublic records.

3. The charging documents filed with the Board toinitiate disciplinary action pursuant to chapter622A of NRS and all other documents and information considered by the Boardwhen determining whether to impose discipline are public records.

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

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

LICENSING

NRS 633.311 Qualificationsof applicants. Except as otherwise provided inNRS 633.315, an applicant for a licenseto practice osteopathic medicine may be issued a license by the Board if:

1. He is 21 years of age or older;

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

3. He is a graduate of a school of osteopathicmedicine;

4. He:

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

(1) A hospital internship; or

(2) One year of postgraduate training thatcomplies with the standards of intern training established by the AmericanOsteopathic Association;

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

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

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

6. He passes:

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

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

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

(d) A combination of the parts of the licensingexaminations specified in paragraphs (a), (b) and (c) of this subsection thatis approved by the Board;

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

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

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

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

1. The Board shall not issue a license to practiceosteopathic medicine to an applicant who has been licensed to practice any typeof medicine in another jurisdiction and whose license was revoked for grossmedical negligence by that jurisdiction.

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

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

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

(Added to NRS by 1991, 1072)

NRS 633.321 Applications:Filing; action by Board.

1. Every applicant for a license shall:

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

(b) Submit verified proof satisfactory to the Boardthat he meets the age, citizenship and educational requirements prescribed bythis chapter; and

(c) Pay in advance to the Board the application andinitial license fee specified in this chapter.

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

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

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

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

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

(Added to NRS by 2003, 3441)

NRS 633.324 Submissionof certain information concerning claims for malpractice, complaints anddisciplinary action involving applicant.

1. In addition to the other requirements forlicensure, an applicant for a license to practice osteopathic medicine shallsubmit to the Board 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, 3440)

NRS 633.326 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 osteopathic medicine shall include the social security number of theapplicant in the application submitted to the Board.

(b) An applicant for the issuance or renewal of alicense to practice osteopathic medicine 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 becompleted 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 osteopathic medicine may notbe 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 thearrearage.

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

NRS 633.326 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 supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings and expires by limitation 2 years after thatdate.]

1. In addition to any other requirements set forth inthis chapter, an applicant for the issuance or renewal of a license to practiceosteopathic medicine 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 osteopathic medicine may notbe 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 thearrearage.

(Added to NRS by 1997, 2126; A 2005, 2726, 2807, 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 633.328 Submissionof fingerprints. In addition to any otherrequirements set forth in this chapter, each applicant for a license topractice osteopathic medicine, except a temporary or special license, or eachosteopathic physicians assistant for whom an application to employ anosteopathic physicians assistant is submitted to the Board must submit to theBoard a complete set of his fingerprints and written permission authorizing theBoard to forward the fingerprints to the Central Repository for Nevada Recordsof Criminal History for submission to the Federal Bureau of Investigation forits report.

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

NRS 633.331 Examinations.

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

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

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

4. Each member who is not licensed in any state topractice any healing art shall not participate in preparing, conducting orgrading any examination required by the Board.

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

NRS 633.341 Reexaminations.

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

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

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

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

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

NRS 633.351 Rightof appeal of unsuccessful applicant. Anyunsuccessful applicant may appeal to the district court to review the action ofthe Board, if he files his appeal within 6 months from the date of therejection of his application by the Board. Upon appeal the applicant has theburden of showing that the action of the Board is erroneous or unlawful.

(Added to NRS by 1977, 945)

NRS 633.361 Issuanceof license without examination.

1. Except as otherwise provided in NRS 633.315, the Board may issue a licensewithout examination to a person:

(a) Who has completed a hospital internship and islicensed in any country, state, territory or province to practice osteopathicmedicine, if the licensing requirements of that country, state, territory orprovince at the time the license was issued are deemed by the Board to bepractically equivalent to the licensing requirements in force in this State atthat time.

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

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

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

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

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

NRS 633.371 Displayof license. Every license must be displayed inthe office or place of business or employment of its holder.

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

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

(Added to NRS by 1977, 946)

NRS 633.391 Temporarylicenses.

1. The Board may issue a temporary license toauthorize a person who is qualified to practice osteopathic medicine in thisState to serve as a substitute for an osteopathic physician who is absent fromhis practice.

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

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

(Added to NRS by 1977, 946)

NRS 633.401 Speciallicenses: Physician from adjoining state; resident enrolled in postgraduatetraining program; specified purposes.

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

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

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

(c) For a specified period and for specified purposesto a person who is licensed to practice osteopathic medicine in anotherjurisdiction.

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

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

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

NRS 633.411 Speciallicenses: Resident medical officer; professional employee of State or UnitedStates.

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

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

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

2. An applicant for a special license under thissection must:

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

(b) Pay the special license fee specified in thischapter.

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

4. A special license issued under this section:

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

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

(c) May be renewed by the Board upon application andpayment by the licensee of the special license renewal fee specified in thischapter.

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

5. The issuance of a special license under thissection does not obligate the Board to grant any regular license to practiceosteopathic medicine.

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

NRS 633.421 Licensesto bear seal and signatures of Boards officers; authority to practiceosteopathic medicine. Each license issued bythe Board:

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

2. Authorizes the holder to practice osteopathicmedicine so long as it is kept in force by appropriate renewal and is not revokedor suspended.

(Added to NRS by 1977, 947)

NRS 633.431 Osteopathicphysicians assistants: Training programs and standards.

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

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

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

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

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

(Added to NRS by 1977, 947)

NRS 633.441 Osteopathicphysicians assistants: Application to employ assistant.

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

2. Each application shall include information showing:

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

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

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

(Added to NRS by 1977, 948)

NRS 633.451 Osteopathicphysicians assistants: Approval of application to employ assistant; issuanceand renewal of certificate.

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

2. If the Board approves such an application, theBoard shall grant a certificate to assist the osteopathic physician uponreceipt of the fees required in this chapter. An osteopathic physiciansassistant shall not assist an osteopathic physician unless he has a currentcertificate to assist that physician. A certificate issued pursuant to thissubsection must be renewed annually.

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

NRS 633.461 Osteopathicphysicians assistant: Scope of authorized activities.

1. An osteopathic physicians assistant may performsuch medical services as the Board has authorized, if those services areperformed under the supervision of an employing osteopathic physician. Theservices authorized must pertain to the practice of osteopathic medicine andnot to the practice of any other healing art regulated in this State or to thebusiness of selling and fitting hearing aids.

2. The Board shall limit the authority of anosteopathic physicians assistant to prescribe controlled substances to thoseschedules of controlled substances which his supervising osteopathic physicianis authorized to prescribe pursuant to state and federal law.

3. NRS 633.741does not prevent the service of an osteopathic physicians assistant when hisservice is approved as provided in this chapter.

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

NRS 633.466 Osteopathicphysicians assistant: Supervision by physician.

1. An osteopathic physicians assistant may, under hiscertificate, be supervised by a physician licensed to practice medicine in thisState in place of his employing osteopathic physician if:

(a) The osteopathic physicians assistant works in ageographical area where he can be conveniently supervised only by a physician;

(b) The osteopathic physicians assistant remains inthe employ of his employing osteopathic physician;

(c) The employing osteopathic physician and thephysician agree to the arrangement; and

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

2. For the purposes of chapter630 of NRS, an osteopathic physicians assistant so supervised is not aphysicians assistant solely because of that supervision and continues topractice osteopathic medicine.

3. The Board shall adopt jointly with the Board ofmedical examiners regulations necessary to administer the provisions of thissection.

(Added to NRS by 1981, 574)

NRS 633.471 Renewalof license: Prerequisites; notice to licensee; evidence of continuing medicaleducation; exemption from fee.

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

(a) Applying for renewal on forms provided by theBoard;

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

(c) Submitting a list of all actions filed or claimssubmitted to arbitration or mediation for malpractice or negligence against himduring the previous year;

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

(e) Submitting all information required to complete therenewal.

2. The Secretary of the Board shall notify eachlicensee of the requirements for renewal not less than 30 days before the dateof renewal.

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

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

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

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

1. Except as otherwise provided in subsection 2, if alicensee fails to comply with the requirements of NRS 633.471 within 30 days after therenewal date, the Board shall give 30 days notice of failure to renew and ofrevocation of license by certified mail to the licensee at his last addressregistered with the Board. If the license is not renewed before the expirationof the 30 days notice, the license is automatically revoked without anyfurther notice or a hearing and the Board shall file a copy of the notice withthe Drug Enforcement Administration of the United States Department of Justiceor its successor agency.

2. A licensee who fails to meet the continuingeducation requirements for license renewal may apply to the Board for a waiverof the requirements. The Board may grant a waiver for that year only if itfinds that the failure is due to the licensees disability, military service orabsence from the United States, or to circumstances beyond the control of thelicensee which are deemed by the Board to excuse the failure.

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

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

(b) Producing verified evidence satisfactory to theBoard of completion of the total number of hours of continuing educationrequired for the year preceding the renewal date and for each year succeedingthe date of revocation;

(c) Stating under oath in writing that he has notwithheld information from the Board which if disclosed would furnish groundsfor disciplinary action under this chapter; and

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

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

NRS 633.491 Renewalof license of retired licensee; inactive status; procedure to restore activestatus.

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

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

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

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

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

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

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

4. A licensee whose license has been placed oninactive status:

(a) Need not annually renew his license.

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

(c) Shall not engage in the practice of osteopathicmedicine in this State.

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

(a) Provide to the Board verified evidence satisfactoryto the Board of completion of the total number of hours of continuing medicaleducation required for:

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

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

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

(c) Comply with all other requirements for renewal.

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

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

1. Application and initiallicense fee......................................................................... $800

2. Annual license renewalfee...................................................................................... 500

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

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

5. Special license renewalfee....................................................................................... 200

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

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

8. For a certificate as anosteopathic physicians assistant................................... 500

9. Renewal of a certificateas an osteopathic physicians assistant...................... 300

10. For an application toemploy an osteopathic physicians assistant............... 500

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

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

EMPLOYEES

NRS 633.505 Retaliationor discrimination against employee who reports or participates in investigationor proceeding relating to sentinel event or certain conduct of osteopathicphysician prohibited; restriction of right prohibited.

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

(a) Reports to the Board information relating to theconduct of the osteopathic physician which may constitute grounds forinitiating disciplinary action against the osteopathic physician or whichotherwise raises a reasonable question regarding the competence of theosteopathic physician to practice medicine with reasonable skill and safety topatients;

(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. An osteopathic physician or any agent or employeethereof shall not retaliate or discriminate unfairly against an employee of theosteopathic physician because the employee has taken an action described insubsection 1.

3. An osteopathic physician or any agent or employeethereof shall not prohibit, restrict or attempt to prohibit or restrict bycontract, policy, procedure or any other manner the right of an employee of theosteopathic physician to take an 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,21; A 2003, 325)

NRS 633.507 Retaliationor discrimination against employee who reports or participates in investigationor proceeding relating to sentinel event or certain conduct of osteopathicphysician: Legal recourse of employee. An employeeof an osteopathic physician who believes that he has been retaliated ordiscriminated against in violation of NRS633.505 may file an action in a court of competent jurisdiction for suchrelief as may be appropriate under the law.

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

REGULATION AND DISCIPLINE

General Provisions

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

(Added to NRS by 2003, 3441)

NRS 633.511 Groundsfor initiating disciplinary action. Thegrounds for initiating disciplinary action pursuant to this chapter are:

1. Unprofessional conduct.

2. Conviction of:

(a) 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;

(b) A felony relating to the practice of osteopathicmedicine;

(c) A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;

(d) Murder, voluntary manslaughter or mayhem;

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

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

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

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

(i) Any offense involving moral turpitude.

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

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

5. Professional incompetence.

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

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

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

NRS 633.521 Prescribingor administering certain drugs or controlled substances or engaging in activityrelating to medical use of marijuana not grounds for disciplinary action undercertain circumstances. An osteopathicphysician is not subject to disciplinary action solely for:

1. Prescribing or administering to a patient under hiscare:

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

(b) Procaine hydrochloride with preservatives andstabilizers (Gerovital H3).

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

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

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

Reports, Complaints, Investigations and PreliminaryProceedings

NRS 633.524 Osteopathicphysician required to report certain information concerning surgeries; effectof failure to report; duties of Board; confidentiality of report;applicability.

1. The Board shall require each holder of a licenseissued pursuant to this chapter to submit annually to the Board, on a formprovided by the Board, and in the format required by the Board by regulation, areport:

(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 additionaldocuments created from the reports, are protected adequately from fire, theft,loss, destruction and other hazards, and from unauthorized access.

4. A report received pursuant to subsection 1 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 riskthereof, including, without limitation, any process variation for which arecurrence would carry a significant chance of serious adverse outcome. Theterm includes loss of limb or function.

(Added to NRS by 2005, 2515)

NRS 633.526 Insurerof osteopathic physician required to report certain information concerningmalpractice; administrative penalties for failure to report.

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

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

(b) Any claim for malpracticeagainst the osteopathic physician that is submitted to arbitration or mediationnot later than 45 days after the claim is submitted to arbitration ormediation; 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 2002 Special Session,22; A 2003, 3442)

NRS 633.527 Osteopathicphysician required to report certain information concerning malpractice andsanctions imposed against osteopathic physician; administrative penalties forfailure to report; reports deemed public records.

1. An osteopathic physician shall report to the Board:

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

(b) Any claim for malpractice against the osteopathicphysician that is submitted to arbitration or mediation not later than 45 daysafter the claim 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 osteopathicphysician that are reportable to the National Practitioner Data Bank not laterthan 45 days after the sanctions are imposed.

2. If the Board finds that an osteopathic physicianhas violated any provision of this section, the Board may impose a fine of notmore than $5,000 against the osteopathic physician for each violation, inaddition to any other fines or penalties permitted by law.

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

(Added to NRS by 2003, 3441)

NRS 633.528 Boardrequired to conduct investigation after receiving certain reports concerningmalpractice. If the Board receives a reportpursuant to the provisions of NRS 633.526,633.527, 690B.250 or 690B.260 indicating that a judgment hasbeen rendered or an award has been made against an osteopathic physicianregarding an action or claim for malpractice or that such an action or claimagainst the osteopathic physician has been resolved by settlement, the Boardshall conduct an investigation to determine whether to impose disciplinaryaction against the osteopathic physician regarding the action or claim, unlessthe Board has already commenced or completed such an investigation regardingthe action or claim before it receives the report.

(Added to NRS by 2003, 3441)

NRS 633.529 Boardauthorized to order certain examinations of osteopathic physician afterreceiving certain reports concerning malpractice.

1. Notwithstanding the provisions of chapter 622A of NRS, if the Board receives areport pursuant to the provisions of NRS633.526, 633.527, 690B.250 or 690B.260 indicating that a judgment hasbeen rendered or an award has been made against an osteopathic physicianregarding an action or claim for malpractice or that such an action or claimagainst the osteopathic physician has been resolved by settlement, the Boardmay order that the osteopathic physician undergo a mental or physicalexamination or an examination testing his competence to practice medicine byosteopathic physicians or other examinations designated by the Board to assistthe Board or any investigative committee of the Board in determining thefitness of the osteopathic physician to practice medicine.

2. For the purposes of this section:

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

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

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

NRS 633.531 Mandatoryor optional filing of complaint. The Board orany of its members, any medical review panel of a hospital or medical societywhich becomes aware that any one or combination of the grounds for initiatingdisciplinary action may exist as to a person practicing osteopathic medicine inthis State shall, and any other person who is so aware may, file a writtencomplaint specifying the relevant facts with the Board.

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

NRS 633.533 Periodfor mandatory filing of complaint; reporting of certain information relating tocompetency of osteopathic physician or osteopathic physicians assistant;noncompliance by medical facility or society.

1. Any person, medical school or medical facility thatbecomes aware that a person practicing osteopathic medicine in this State has,is or is about to become engaged in conduct which constitutes grounds forinitiating disciplinary action shall file a written complaint with the Boardwithin 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 an osteopathic physicians privileges to practice osteopathicmedicine while the osteopathic physician is under investigation and the outcomeof any disciplinary action taken by that facility or society against theosteopathic physician concerning the care of a patient or the competency of theosteopathic physician within 30 days after the change in privileges is made ordisciplinary action is taken. The Board shall report any failure to comply withthis subsection by a hospital, clinic or other medical facility licensed inthis State to the Health Division of the Department of Health and HumanServices. If, after a hearing, the Health Division determines that any suchfacility or society failed to comply with the requirements of this subsection,the Division may impose an administrative fine of not more than $10,000 againstthe facility or society for each such failure to report. If the administrativefine is not paid when due, the fine must be recovered in a civil action broughtby 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 an osteopathicphysician or osteopathic physicians assistant:

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

4. On or before January 15 of each year, the clerk ofevery 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 osteopathic physicians pursuant to paragraph (e) of subsection 3.

(Added to NRS by 2002 Special Session,23)

NRS 633.541 Reviewof complaint by designated member of Board; investigation of complaint; formalcomplaint.

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

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

3. If, after conducting the investigation pursuant tosubsection 2, the member of the Board determines that there is a reasonablebasis for the complaint and that a violation of a provision of this chapter hasoccurred, the member of the Board may file a formal complaint with the Boardspecifying the grounds for disciplinary action.

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

NRS 633.561 Mentalor physical examination.

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

2. For the purposes of this section:

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

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

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

(Added to NRS by 1977, 950; A 2001, 494; 2005, 766)

NRS 633.571 Examinationof medical competency. Notwithstanding theprovisions of chapter 622A of NRS, if theBoard has reason to believe that the conduct of any osteopathic physician hasraised a reasonable question as to his competence to practice osteopathicmedicine with reasonable skill and safety to patients, the Board may cause amedical competency examination of the physician for purposes of determining hisfitness to practice osteopathic medicine with reasonable skill and safety topatients.

(Added to NRS by 1977, 951; A 2005, 766)

NRS 633.581 Limiton time for completing examination when Board issues summary order ofsuspension. Notwithstanding the provisions of chapter 622A of NRS, if the Board issues anorder summarily suspending the license of an osteopathic physician pendingproceedings for disciplinary action and requires the physician to submit to amental or physical examination or a medical competency examination, theexamination shall be conducted and the results obtained not later than 60 daysafter the Board issues its order.

(Added to NRS by 1977, 951; A 2005, 766)

NRS 633.591 Stayby court of Boards summary order of suspension prohibited; exception. Notwithstanding the provisions of chapter 622A of NRS, if the Board issues anorder summarily suspending the license of an osteopathic physician pendingproceedings for disciplinary action, the court shall not stay that order unlessthe Board fails to institute and determine such proceedings as promptly as therequirements for investigation of the case reasonably allow.

(Added to NRS by 1977, 951; A 2005, 766)

NRS 633.601 Injunctiverelief.

1. In addition to any other remedy provided by law,the Board, through its President or Secretary or the Attorney General, mayapply to any court of competent jurisdiction to enjoin any unprofessionalconduct of an osteopathic physician which is harmful to the public or to limitthe physicians practice or suspend his license to practice medicine asprovided in this section.

2. The court in a proper case may issue a temporaryrestraining order or a preliminary injunction for such purposes:

(a) Without proof of actual damage sustained by anyperson, this provision being a preventive as well as punitive measure; and

(b) Pending proceedings for disciplinary action by theBoard. Notwithstanding the provisions of chapter622A of NRS, such proceedings shall be instituted and determined aspromptly as the requirements for investigation of the case reasonably allow.

(Added to NRS by 1977, 951; A 2005, 767)

NRS 633.611 Certainrecords relating to investigation deemed confidential; certain records relatingto disciplinary action deemed public records; dissemination of records to otherentities. Repealed. (See chapter 225, Statutes of Nevada 2005,at page 807.)

 

Disciplinary Proceedings

NRS 633.621 Commencementof disciplinary proceedings required for certain violations of IndustrialInsurance Act. Notwithstanding the provisionsof chapter 622A of NRS, if the Boardreceives a report pursuant to subsection 5 of NRS228.420, a disciplinary proceeding regarding the report must be commencedwithin 30 days after the Board receives the report.

(Added to NRS by 1977, 951; A 1993, 787; 2001, 495; 2005, 264, 767; 2005, 22ndSpecial Session, 108)

NRS 633.625 Submissionof fingerprints required upon initiation of disciplinary action; additionalgrounds for disciplinary action.

1. Any osteopathic physician against whom the Boardinitiates disciplinary action pursuant to this chapter shall, within 30 daysafter the osteopathic physicians receipt of notification of the initiation ofthe disciplinary action, 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.

2. The willful failure of an osteopathic physician tocomply with the requirements of subsection 1 constitutes additional grounds fordisciplinary action and the revocation of the license of the osteopathicphysician.

3. The Board has additional grounds for initiatingdisciplinary action against an osteopathic physician if the report from theFederal Bureau of Investigation indicates that the osteopathic physician hasbeen convicted of:

(a) An act that is a ground for disciplinary actionpursuant to NRS 633.511; or

(b) A felony set forth in NRS 633.741.

(Added to NRS by 2005, 2527)

NRS 633.631 Serviceof process. Except as otherwise provided in chapter 622A of NRS:

1. Service of process made under this chapter shall beeither personal or by registered or certified mail with return receiptrequested, addressed to the osteopathic physician at his last known address, asindicated on the records of the Board, if possible. If personal service cannotbe made and if mail notice is returned undelivered, the Secretary of the Boardshall cause notice of hearing to be published once a week for 4 consecutiveweeks in a newspaper published in the county of the physicians last knownaddress or, if no newspaper is published in that county, then in a newspaperwidely distributed in that county.

2. Proof of service of process or publication ofnotice made under this chapter shall be filed with the Secretary of the Boardand shall be recorded in the minutes of the Board.

(Added to NRS by 1977, 951; A 2005, 767)

NRS 633.641 Requirementsfor proof. Notwithstanding the provisions of chapter 622A of NRS, in any disciplinaryproceeding before the Board, a hearing officer or a panel:

1. Proof of actual injury need not be establishedwhere the formal complaint charges deceptive or unethical professional conductor medical practice harmful to the public.

2. A certified copy of the record of a court or alicensing agency showing a conviction or the suspension or revocation of alicense to practice osteopathic medicine is conclusive evidence of itsoccurrence.

(Added to NRS by 1977, 952; A 2001, 495; 2005, 264, 767; 2005, 22ndSpecial Session, 108)

NRS 633.651 Requireddisciplinary action for violations; private reprimands prohibited; ordersimposing discipline deemed public records.

1. If the Board finds a person guilty in adisciplinary proceeding, it shall by order take one or more of the followingactions:

(a) Place the person on probation for a specifiedperiod or until further order of the Board.

(b) Administer to the person a public reprimand.

(c) Limit the practice of the person to, or by theexclusion of, one or more specified branches of osteopathic medicine.

(d) Suspend the license of the person to practiceosteopathic medicine for a specified period or until further order of theBoard.

(e) Revoke the license of the person to practiceosteopathic medicine.

The order ofthe Board may contain such other terms, provisions or conditions as the Boarddeems proper and which are not inconsistent with law.

2. The Boardshall not administer a private reprimand.

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

(Added to NRS by 1977, 952; A 2001, 495; 2003, 3443; 2005, 768)

NRS 633.660 Hearingofficers and panels: Delegation of authority by Board.The Board may delegate its authority to conduct a hearing concerningthe discipline of a licensee pursuant to chapter622A of NRS to:

1. A person; or

2. A group of such members of the Board as thePresident of the Board may designate from time to time, which group mustconsist of not less than three members of the Board, at least one of whom wasappointed to the Board pursuant to subsection 2 or 3 of NRS 633.191.

(Added to NRS by 2005, 259; A 2005, 22nd SpecialSession, 96)

NRS 633.665 Hearingofficers and panels: Powers. A hearing officeror panel has all the powers that are necessary to conduct a hearing concerningthe discipline of a licensee pursuant to chapter622A of NRS.

(Added to NRS by 2005, 259; A 2005, 22nd SpecialSession, 97)

NRS 633.671 Judicialreview.

1. Any person who has been placed on probation orwhose license has been limited, suspended or revoked by the Board is entitledto judicial review of the Boards order as provided by law.

2. Every order of the Board which limits the practiceof medicine or suspends or revokes a license is effective from the date theSecretary certifies the order until the date the order is modified or reversedby a final judgment of the court.

3. The district court shall give a petition forjudicial review of the Boards order priority over other civil matters whichare not expressly given priority by law.

(Added to NRS by 1977, 952; A 1979, 958; 1989, 1658)

NRS 633.681 Reinstatementof license.

1. Any person:

(a) Whose practice of osteopathic medicine has beenlimited; or

(b) Whose license to practice osteopathic medicine hasbeen:

(1) Suspended until further order; or

(2) Revoked,

may apply tothe Board after a reasonable period for removal of the limitation or suspensionor may apply to the Board pursuant to the provisions of chapter 622A of NRS for reinstatement of hisrevoked license.

2. In hearing the application, the Board:

(a) May require the person to submit to a mental orphysical examination by physicians whom 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.

(Added to NRS by 1977, 953; A 2005, 768)

Miscellaneous Provisions

NRS 633.691 Immunityfrom civil action. In addition to any otherimmunity provided by the provisions of chapter622A of NRS, the Board, a medical review panel of a hospital, a hearingofficer, a panel of the Board, or any person who or other organization whichinitiates or assists in any lawful investigation or proceeding concerning thediscipline of an osteopathic physician for gross malpractice, repeatedmalpractice, professional incompetence or unprofessional conduct is immune fromany civil action for such initiation or assistance or any consequentialdamages, if the person or organization acted without malicious intent.

(Added to NRS by 1977, 953; A 2001, 496; 2005, 265, 768; 2005, 22ndSpecial Session, 108)

NRS 633.701 Limitationor termination of licensees privileges or criminal prosecution not precludedby disciplinary action; immunity from civil liability.The filing and review of a complaint and any subsequent disposition bythe Board, the member designated by the Board to review a complaint pursuant toNRS 633.541 or any reviewing court donot preclude:

1. Any measure by a hospital or other institution tolimit or terminate the privileges of an osteopathic physician according to itsrules or the custom of the profession. No civil liability attaches to any suchaction taken without malice even if the ultimate disposition of the complaintis in favor of the physician.

2. Any appropriate criminal prosecution by theAttorney General or a district attorney based upon the same or other facts.

(Added to NRS by 1977, 953; A 2001, 496)

NRS 633.706 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 osteopathic medicine, the Board shall deem the licenseissued to that person to be suspended at the end of the 30th day after the dateon which the court order was issued unless the Board receives a letter issuedto the holder of the license by the district attorney or other public agencypursuant to NRS 425.550 stating that theholder 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 practiceosteopathic medicine that has been suspended by a district court pursuant to NRS 425.540 if:

(a) The Board receives a letter issued by the districtattorney or other public agency pursuant to NRS425.550 to the person whose license was suspended stating that the personwhose license was suspended has complied with the subpoena or warrant or hassatisfied the arrearage pursuant to NRS425.560; and

(b) The person whose license was suspended pays the feefor late payment prescribed in NRS 633.501.

(Added to NRS by 1997, 2127; A 2005, 2807)

INJUNCTIVE RELIEF; PROSECUTION; PENALTIES

NRS 633.711 Injunctiverelief against person practicing without license.

1. The Board through its President or Secretary or theAttorney General may maintain in any court of competent jurisdiction a suit foran injunction against any person practicing osteopathic medicine without alicense valid under this chapter.

2. Such an injunction:

(a) May be issued without proof of actual damagesustained by any person, this provision being a preventive as well as apunitive measure.

(b) Shall not relieve such person from criminalprosecution for practicing without a license.

(Added to NRS by 1977, 953)

NRS 633.721 Sufficiencyof allegations in criminal complaint charging unlawful practice. In a criminal complaint charging any person withpracticing osteopathic medicine without a license, it is sufficient to chargethat he did, upon a certain day, and in a certain county of this State, engagein the practice of osteopathic medicine without having a valid license to doso, without averring any further or more particular facts concerning theviolation.

(Added to NRS by 1977, 953)

NRS 633.731 Prosecutionof violators; employment of investigators and assistants. In a manner consistent with the provisions of chapter 622A of NRS, the Board shall cause theprosecution of all persons who commit any act prohibited by this chapter. TheBoard may employ investigators and such other assistants as may be necessary tocarry into effect the provisions of this chapter.

(Added to NRS by 1977, 954; A 2005, 769)

NRS 633.741 Unlawfulacts; penalty. A person who:

1. Except as otherwise provided in NRS 629.091, practices osteopathic medicine:

(a) Without a license valid under this chapter; or

(b) Beyond the limitations ordered upon his practice bythe Board or the court;

2. Presents as his own the diploma, license orcredentials of another;

3. Gives either false or forged evidence of any kindto the Board or any of its members in connection with an application for alicense or an application to employ an osteopathic physicians assistant;

4. Files for record the license issued to another,falsely claiming himself to be the person named in the license, or falselyclaiming himself to be the person entitled to the license;

5. Practices osteopathic medicine under a false orassumed name or falsely personates another licensee of a like or differentname;

6. Holds himself out as an osteopathic physiciansassistant or who uses any other term indicating or implying that he is anosteopathic physicians assistant, unless he has been approved by the Board, asprovided in this chapter; or

7. Employs a person as an osteopathic physiciansassistant before such employment is approved as provided in this chapter,

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

(Added to NRS by 1977, 954; A 1979, 1490; 1995, 752,1310, 1333)

 

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