NRS: CHAPTER 630 - PHYSICIANS, PHYSICIAN ASSISTANTS AND PRACTITIONERS OF RESPIRATORY CARE

[Rev. 1/18/2009 1:24:34 PM]

CHAPTER 630 - PHYSICIANS, PHYSICIAN ASSISTANTS AND PRACTITIONERS OF RESPIRATORY CARE

GENERAL PROVISIONS

NRS 630.003 Legislative declaration.

NRS 630.005 Definitions.

NRS 630.007 “Administrative physician” defined.

NRS 630.010 “Board” defined.

NRS 630.0122 “Healing art” defined.

NRS 630.0135 “Medical facility” defined.

NRS 630.014 “Physician” defined.

NRS 630.015 “Physician assistant” defined.

NRS 630.020 “Practice of medicine” defined.

NRS 630.021 “Practice of respiratory care” defined.

NRS 630.023 “Practitioner of respiratory care” defined.

NRS 630.024 “Respiratory care” defined.

NRS 630.025 “Supervising physician” defined.

NRS 630.045 Purpose of licensing; license is revocable privilege.

NRS 630.047 Applicability.

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

BOARD OF MEDICAL EXAMINERS

Organization and Administration

NRS 630.050 Appointment of members: Number; limitation on consecutive terms.

NRS 630.060 Qualifications of members.

NRS 630.070 Terms, removal and replacement of members.

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

NRS 630.080 Oath or affirmation of office.

NRS 630.090 Officers.

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

NRS 630.103 Executive Director of Board: Employment and discharge; serves as chief administrative officer; level of compensation.

NRS 630.106 Other employees of Board: Employment and discharge; conditions and limitations regarding hearing officers.

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

NRS 630.120 Seal; licenses to bear seal and signatures.

NRS 630.123 Fiscal year.

NRS 630.125 Offices.

NRS 630.127 Performance audits of Board.

General Powers and Duties

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

NRS 630.135 Board required to define “intractable pain” by regulation.

NRS 630.137 Board prohibited from adopting certain regulations concerning collaboration or consultation among providers of health care.

NRS 630.140 Hearings and investigations; oaths; subpoenas.

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

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

LICENSING

General Provisions

NRS 630.160 Requirements for license to practice medicine.

NRS 630.1605 Requirements for license by endorsement to practice medicine. [Effective through December 31, 2011.]

NRS 630.1605 Requirements for license by endorsement to practice medicine. [Effective January 1, 2012.]

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

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

NRS 630.167 Applicant to submit fingerprints.

NRS 630.170 Applicant to furnish evidence of graduation from accredited medical school.

NRS 630.171 Applicant to furnish certificate of completion of progressive postgraduate training.

NRS 630.173 Applicant to furnish certain information concerning claims for malpractice, complaints and disciplinary action involving applicant.

NRS 630.175 Reporting of certain additional information concerning application.

NRS 630.180 Examinations.

NRS 630.195 Applicant who is graduate of foreign medical school must furnish evidence of degree and certificate.

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

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

NRS 630.200 Delay or denial of application: Grounds; notice; appeal.

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

NRS 630.250 Validity of license issued before July 1, 1985.

NRS 630.253 Active licensees: Continuing education.

NRS 630.254 Active licensees: Notice of change of mailing address; notice of change of location or close of office located in State; location of records.

NRS 630.255 Inactive licensees: Leaving State; ceasing or failing to practice; notice of change of mailing address; reinstatement.

NRS 630.257 Reexamination of licensee who does not practice for certain period.

Special Categories of Licenses

NRS 630.258 Special volunteer medical license.

NRS 630.259 License as administrative physician.

NRS 630.261 Locum tenens, special, restricted, temporary and special purpose licenses.

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

NRS 630.263 Restricted license to practice medicine in certain medical specialties for which there are critically unmet needs.

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

NRS 630.2645 Restricted license for graduate of foreign medical school to teach, research or practice medicine at medical research facility or medical school; expiration, renewal and modification of restricted license.

NRS 630.265 Limited license to practice medicine as resident physician.

Biennial Registration; Fees

NRS 630.267 Biennial registration: Submission of list and fee; suspension and reinstatement of license; notice to licensee.

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

PHYSICIAN ASSISTANTS

NRS 630.271 Authorized services.

NRS 630.273 Issuance and conditions of license.

NRS 630.275 Board to adopt regulations concerning licensure.

PRACTITIONERS OF RESPIRATORY CARE

NRS 630.276 Licensed physician required to supervise respiratory care.

NRS 630.277 Requirements; prohibitions; intern in respiratory care.

NRS 630.279 Regulations concerning licensure.

EMPLOYEES

NRS 630.293 Retaliation or discrimination against employee who reports or participates in investigation or proceeding relating to sentinel event or certain conduct of physician prohibited; restriction of right prohibited.

REGULATION AND DISCIPLINE

General Provisions

NRS 630.298 Jurisdiction of Board over licensee unaffected by expiration or voluntary surrender of license.

NRS 630.299 Authority of Board or investigative committee to issue letter of warning, letter of concern or nonpunitive admonishment.

Grounds for Initiating Disciplinary Action or Denying Licensure

NRS 630.301 Criminal offenses; disciplinary action taken by other jurisdiction; surrender of previous license while under investigation; malpractice; engaging in sexual activity with patient; disruptive behavior; violating or exploiting trust of patient for financial or personal gain; failure to offer appropriate care with intent to positively influence financial well-being; engaging in disreputable conduct; engaging in sexual contact with surrogate of patient or relatives of patient.

NRS 630.304 Misrepresentation in obtaining or reviewing license; false advertising; practicing under another name; signing blank prescription forms; influencing patient to engage in sexual activity; discouraging second opinion; terminating care without adequate notice.

NRS 630.305 Accepting compensation to influence evaluation or treatment; inappropriate division of fees; inappropriate referral to health facility, laboratory or commercial establishment; charging for services not rendered; aiding practice by unlicensed person; delegating responsibility to unqualified person; failing to disclose conflict of interest; failing to initiate performance of community service; exception.

NRS 630.306 Inability to practice medicine; deceptive conduct; violation of statute or regulation governing practice of medicine; unlawful distribution of controlled substance; injection of silicone; practice beyond scope of license; practicing experimental medicine without consent of patient; lack of skill or diligence; filing of false report; habitual intoxication; failure to report disciplinary action in another jurisdiction.

NRS 630.3062 Failure to maintain proper medical records; altering medical records; making false report; failure to file or obstructing required report; failure to allow inspection and copying of medical records; failure to report other person in violation of chapter or regulations.

NRS 630.3065 Willful disclosure of privileged communication; willful failure to comply with statute or regulation governing practice of medicine.

NRS 630.3066 Prescribing or administering certain controlled substances for treatment of intractable pain not grounds for initiating disciplinary action.

Reports, Complaints, Investigations and Preliminary Proceedings

NRS 630.30665 Physician required to report certain information concerning surgeries; effect of failure to report; duties of Board; confidentiality of report; applicability.

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

NRS 630.3068 Physician required to report certain information concerning malpractice and sanctions imposed against physician; administrative penalties for failure to report; reports deemed public records.

NRS 630.3069 Board required to conduct investigation after receiving certain reports concerning malpractice.

NRS 630.307 General requirements for filing complaint; medical facilities and societies required to report certain information concerning physician’s privileges and disciplinary action; administrative penalties for failure to report; clerk of court required to report certain information concerning court actions.

NRS 630.309 Requirements for filing complaint against physician assistant or practitioner of respiratory care.

NRS 630.311 Review of complaint; investigation; composition of committee; filing of complaint with Board.

NRS 630.318 Physical or mental examination of physician; examination to determine medical competence.

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

NRS 630.329 Stay of order of suspension by court prohibited.

NRS 630.336 Confidentiality of certain proceedings, reports, complaints, investigations, records and other information; exceptions.

Disciplinary Proceedings

NRS 630.339 Notice of hearing and charges to be furnished to licensee.

NRS 630.342 Submission of fingerprints required upon initiation of disciplinary action; additional grounds for disciplinary action.

NRS 630.344 Service of process.

NRS 630.346 Requirements for proof.

NRS 630.348 Standards for revocation of license.

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

NRS 630.355 Acts constituting contempt; stay of related disciplinary proceedings; transfer of jurisdiction to district court; penalties; manner in which person may purge himself of contempt.

NRS 630.356 Judicial review; effective date of order; stay of Board’s order by court prohibited.

NRS 630.358 Restoration of license.

Miscellaneous Provisions

NRS 630.364 Immunity from civil action.

NRS 630.365 Authority for nonprofit medical school or research institution to operate as corporation, operate clinic in conjunction with school or research facility and retain portion of money generated by clinic. [Effective January 1, 2008.]

NRS 630.366 Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until 2 years after the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 630.369 Injecting patient with certain chemotherapeutic agents.

NRS 630.371 Performance of laser surgery on eye without proper training.

PRESCRIPTIONS FOR OPHTHALMIC LENSES

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

INJUNCTIVE RELIEF

NRS 630.388 Authority of Board to apply for injunctive relief.

NRS 630.390 Sufficiency of allegations in application for injunctive relief.

UNLAWFUL ACTS; PENALTIES

NRS 630.400 Penalty for certain violations.

NRS 630.405 Penalty for failure to make records concerning health care available for inspection or copying.

NRS 630.411 Unauthorized use of insignia, license or documents prohibited.

_________

GENERAL PROVISIONS

NRS 630.003 Legislative declaration.

1. The Legislature finds and declares that:

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

(b) For the protection and benefit of the public, the Legislature delegates to the Board of Medical Examiners the power and duty to determine the initial and continuing competence of physicians, physician assistants and practitioners of respiratory care who are subject to the provisions of this chapter;

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

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

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

2. The powers conferred upon the Board by this chapter must be liberally construed to carry out these purposes for the protection and benefit of the public.

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

NRS 630.005 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 630.007 to 630.025, inclusive, have the meanings ascribed to them in those sections.

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

NRS 630.007 “Administrative physician” defined. “Administrative physician” means a physician who is licensed only to act in an administrative capacity as an:

1. Officer or employee of a state agency;

2. Independent contractor pursuant to a contract with the State; or

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

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

NRS 630.010 “Board” defined. “Board” means the Board of Medical Examiners.

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

NRS 630.0122 “Healing art” defined. “Healing art” means any system, treatment, operation, diagnosis, prescription or practice for the ascertainment, cure, relief, palliation, adjustment or correction of any human disease, ailment, deformity, injury, or unhealthy or abnormal physical or mental condition for the practice of which long periods of specialized education and training and a degree of specialized knowledge of an intellectual as well as physical nature are required.

(Added to NRS by 1985, 2221)

NRS 630.0135 “Medical facility” defined. “Medical facility” has the meaning ascribed to it in NRS 449.0151.

(Added to NRS by 1985, 2221)

NRS 630.014 “Physician” defined. “Physician” means a person who has complied with all the requirements of this chapter for the practice of medicine.

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

NRS 630.015 “Physician assistant” defined. “Physician assistant” means a person who is a graduate of an academic program approved by the Board or who, by general education, practical training and experience determined to be satisfactory by the Board, is qualified to perform medical services under the supervision of a supervising physician and who has been issued a license by the Board.

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

NRS 630.020 “Practice of medicine” defined. “Practice of medicine” means:

1. To diagnose, treat, correct, prevent or prescribe for any human disease, ailment, injury, infirmity, deformity or other condition, physical or mental, by any means or instrumentality.

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

3. To perform any of the acts described in subsections 1 and 2 by using equipment that transfers information concerning the medical condition of the patient electronically, telephonically or by fiber optics.

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

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

NRS 630.021 “Practice of respiratory care” defined. “Practice of respiratory care” includes:

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

2. The administration of drugs and medications to the cardiopulmonary system;

3. The provision of ventilatory assistance and control;

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

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

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

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

8. Training relating to the practice of respiratory care.

(Added to NRS by 2001, 758)

NRS 630.023 “Practitioner of respiratory care” defined. “Practitioner of respiratory care” means a person who is:

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

2. Licensed by the Board.

(Added to NRS by 2001, 758)

NRS 630.024 “Respiratory care” defined. “Respiratory care” means the treatment, management, diagnostic testing, control and care of persons with deficiencies and abnormalities associated with the cardiopulmonary system. The term includes inhalation and respiratory therapy.

(Added to NRS by 2001, 758)

NRS 630.025 “Supervising physician” defined. “Supervising physician” means an active physician licensed and in good standing in the State of Nevada who supervises a physician assistant.

(Added to NRS by 1973, 504; A 1975, 415; 1997, 680; 2001, 760; 2007, 3042)

NRS 630.045 Purpose of licensing; license is revocable privilege.

1. The purpose of licensing physicians, physician assistants and practitioners of respiratory care is to protect the public health and safety and the general welfare of the people of this State.

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

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

NRS 630.047 Applicability.

1. This chapter does not apply to:

(a) A medical officer or practitioner of respiratory care of the Armed Services or a medical officer or practitioner of respiratory care of any division or department of the United States in the discharge of his official duties;

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

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

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

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

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

(e) The practice of respiratory care by a student as part of a program of study in respiratory care that is approved by the Board, or is recognized by a national organization which is approved by the Board to review such programs, if the student is enrolled in the program and provides respiratory care only under the supervision of a practitioner of respiratory care;

(f) The practice of respiratory care by a student who:

(1) Is enrolled in a clinical program of study in respiratory care which has been approved by the Board;

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

(3) Provides respiratory care to patients who are not in a critical medical condition or, in an emergency, to patients who are in a critical medical condition and a practitioner of respiratory care is not immediately available to provide that care and the student is directed by a physician to provide respiratory care under his supervision until a practitioner of respiratory care is available;

(g) The practice of respiratory care by a person on himself or gratuitous respiratory care provided to a friend or a member of a person’s family if the provider of the care does not represent himself as a practitioner of respiratory care;

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

(i) A person who is employed by a physician and provides respiratory care under the supervision of that physician;

(j) The maintenance of medical equipment for respiratory care that is not attached to a patient; and

(k) A person who installs medical equipment for respiratory care that is used in the home and gives instructions regarding the use of that equipment if the person is trained to provide such services and is supervised by a provider of health care who is acting within the authorized scope of his practice.

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

3. This chapter does not prohibit:

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

(b) The domestic administration of family remedies.

[Part 1:169:1949; 1943 NCL § 4107.01] + [Part 17:169:1949; 1943 NCL § 4107.17]—(NRS A 1969, 905; 1973, 518; 1977, 964; 1985, 2225; 1987, 192; 2001, 760)

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

(Added to NRS by 2001, 758)

BOARD OF MEDICAL EXAMINERS

Organization and Administration

NRS 630.050 Appointment of members: Number; limitation on consecutive terms.

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

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

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

NRS 630.060 Qualifications of members.

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

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

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

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

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

(c) Are not actively engaged in the administration of any facility for the dependent as defined in chapter 449 of NRS, medical facility or medical school; and

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

4. The members of the Board must be selected without regard to their individual political beliefs.

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

NRS 630.070 Terms, removal and replacement of members.

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

2. A member of the Board may be removed by the Governor for good cause, and the Governor shall appoint a person qualified under this chapter to replace the member for the remainder of the unexpired term.

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

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

(Added to NRS by 1985, 2221)

NRS 630.080 Oath or affirmation of office. Before entering upon the duties of his office, each member of the Board shall take:

1. The constitutional oath or affirmation of office; and

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

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

NRS 630.090 Officers.

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

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

[Part 3:169:1949; 1943 NCL § 4107.03] + [Part 5:169:1949; 1943 NCL § 4107.05] + [Part 6:169:1949; 1943 NCL § 4107.06]—(NRS A 1985, 2227)

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

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

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

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

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

NRS 630.103 Executive Director of Board: Employment and discharge; serves as chief administrative officer; level of compensation.

1. The Board shall employ a person as the Executive Director of the Board.

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

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

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

NRS 630.106 Other employees of Board: Employment and discharge; conditions and limitations regarding hearing officers.

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

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

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

4. If a person resigns his position as a hearing officer or the Board terminates the person from his position as a hearing officer, the Board may not rehire the person in any position of employment with the Board for a period of 2 years following the date of the resignation or termination. The provisions of this subsection do not give a person any right to be rehired by the Board and do not permit the Board to rehire a person who is prohibited from being employed by the Board pursuant to any other provision of law.

(Added to NRS by 2003, 3426)

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

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

(a) A salary of not more than $150 per day, as fixed by the Board, while engaged in the business of the Board; and

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

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

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

4. All money received by the Board from:

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

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

[Part 6:169:1949; 1943 NCL § 4107.06]—(NRS A 1963, 149; 1973, 507; 1975, 303; 1981, 1992; 1985, 2227; 1989, 1696; 1997, 680; 1999, 1530; 2007, 2943)

NRS 630.120 Seal; licenses to bear seal and signatures.

1. The Board shall procure a seal.

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

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

NRS 630.123 Fiscal year. The Board shall operate on the basis of a fiscal year commencing on July 1 and terminating on June 30.

(Added to NRS by 1963, 149)

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

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

NRS 630.127 Performance audits of Board.

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

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

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

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

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

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

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

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

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

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

(a) Is directly responsible to the Legislative Commission;

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

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

7. Each performance audit conducted pursuant to this section must include, without limitation, a comprehensive review and evaluation of:

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

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

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

(d) The methodology and efficiency of the Board in conducting investigations of licensees who have been subject to one or more peer review actions at a medical facility that resulted in the licensee losing his professional privileges at the medical facility for more than 30 days within a period of 12 months;

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

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

(Added to NRS by 2003, 3428)

General Powers and Duties

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

(a) Enforce the provisions of this chapter;

(b) Establish by regulation standards for licensure under this chapter;

(d) Investigate the character of each applicant for a license and issue licenses to those applicants who meet the qualifications set by this chapter and the Board; and

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

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

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

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

(c) Information reported to the Board during the previous biennium pursuant to NRS 630.30665, including, without limitation, the number and types of surgeries performed by each holder of a license to practice medicine and the occurrence of sentinel events arising from such surgeries, if any.

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

3. The Board may adopt such regulations as are necessary or desirable to enable it to carry out the provisions of this chapter.

[Part 5:169:1949; 1943 NCL § 4107.05]—(NRS A 1973, 507; 1985, 309, 2228; 2002 Special Session, 18; 2003, 3431; 2005, 2513; 2007, 1823)

NRS 630.135 Board required to define “intractable pain” by regulation. The Board shall by regulation define the term “intractable pain” for the purposes of NRS 630.3066 and 633.521.

(Added to NRS by 1995, 1734)

NRS 630.137 Board prohibited from adopting certain regulations concerning collaboration or consultation among providers of health care.

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

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

3. As used in this section, “provider of health care” has the meaning ascribed to it in NRS 629.031.

(Added to NRS by 2003, 3427)

NRS 630.140 Hearings and investigations; oaths; subpoenas.

1. The Board may hold hearings and conduct investigations pertaining to its duties imposed under this chapter and take evidence on any such matter under inquiry before the Board. For the purposes of this chapter:

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

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

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

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

4. If it appears to the court that the subpoena was regularly issued by the Board, the court shall enter an order compelling compliance with the subpoena, and upon failure to obey the order the person shall be dealt with as for contempt of court.

[Part 5:169:1949; 1943 NCL § 4107.05] + [Part 16:169:1949; 1943 NCL § 4107.16] + [Part 22:169:1949; 1943 NCL § 4107.22]—(NRS A 1973, 507; 1975, 416; 1977, 823; 1983, 302; 1985, 2228; 1987, 192)

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

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

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

3. The Board shall place on the website, without having to approve the placement at a meeting:

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

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

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

(d) All financial reports received by the Board.

(e) All financial reports prepared by the Board.

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

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

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

1. A general description of the basic elements of the Compliance Program Guidance for Pharmaceutical Manufacturers that is published by the Office of Inspector General of the United States Department of Health and Human Services, or links to websites or other Internet sites that are operated or administered by or on behalf of the Office of Inspector General where such information may be obtained;

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

3. A current telephone number for the Office of Inspector General.

(Added to NRS by 2003, 1213)

LICENSING

General Provisions

NRS 630.160 Requirements for license to practice medicine.

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

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

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

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

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

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

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

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

(2) All parts of the Federation Licensing Examination;

(3) All parts of the United States Medical Licensing Examination;

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

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

(6) Any combination of the examinations specified in subparagraphs (1), (2) and (3) that the Board determines to be sufficient;

(d) Is currently certified by a specialty board of the American Board of Medical Specialties in the specialty of emergency medicine, preventive medicine or family practice and who agrees to maintain certification in at least one of these specialties for the duration of his licensure, or:

(1) Has completed 36 months of progressive postgraduate:

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

(II) Fellowship training in the United States or Canada approved by the Board or the Accreditation Council for Graduate Medical Education; or

(2) Has completed at least 36 months of postgraduate education, not less than 24 months of which must have been completed as a resident after receiving a medical degree from a combined dental and medical degree program approved by the Board; and

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

[Part 8:169:1949; A 1953, 662; 1955, 103]—(NRS A 1969, 211; 1971, 220; 1973, 508; 1977, 1564; 1985, 2229; 1987, 193, 1673; 1989, 416; 1991, 1068, 1884, 1887; 1993, 2298; 1997, 680; 2001, 761; 2003, 437, 1886; 2007, 1824, 3042)

NRS 630.1605 Requirements for license by endorsement to practice medicine. [Effective through December 31, 2011.]

1. Except as otherwise provided in NRS 630.161, the Board shall, except for good cause, issue a license by endorsement to practice medicine to an applicant who has been issued a license to practice medicine by the District of Columbia or any state or territory of the United States if:

(a) At the time the applicant files his application with the Board, the license is in effect and unrestricted; and

(b) The applicant:

(1) Is currently certified by a specialty board of the American Board of Medical Specialties and was certified or recertified within the past 10 years;

(2) Has had no adverse actions reported to the National Practitioner Data Bank within the past 10 years;

(3) Has been continuously and actively engaged in the practice of medicine within his specialty for the past 5 years;

(4) Is not involved in and does not have pending any disciplinary action concerning his license to practice medicine in the District of Columbia or any state or territory of the United States;

(5) Provides information on all the medical malpractice claims brought against him, without regard to when the claims were filed or how the claims were resolved; and

(6) Meets all statutory requirements to obtain a license to practice medicine in this State except that the applicant is not required to meet the requirements set forth in NRS 630.160.

2. A license by endorsement may be issued at a meeting of the Board or between its meetings by its President and Executive Director. Such an action shall be deemed to be an action of the Board.

(Added to NRS by 2003, 1886; A 2007, 1825)

NRS 630.1605 Requirements for license by endorsement to practice medicine. [Effective January 1, 2012.] Except as otherwise provided in NRS 630.161, the Board may issue a license by endorsement to practice medicine to an applicant who has been issued a license to practice medicine by the District of Columbia or any state or territory of the United States if:

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

2. The applicant:

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

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

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

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

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

(Added to NRS by 2003, 1886; A 2007, 1825, effective January 1, 2012)

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

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

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

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

(Added to NRS by 1991, 1067)

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

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

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

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

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

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

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

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

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

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

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

NRS 630.167 Applicant to submit fingerprints. In addition to any other requirements set forth in this chapter, each applicant for a license to practice medicine shall submit to the Board a complete set of his fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

(Added to NRS by 2005, 2522)

NRS 630.170 Applicant to furnish evidence of graduation from accredited medical school. In addition to the other requirements for licensure, an applicant for a license to practice medicine who is a graduate of a medical school located in the United States or Canada shall submit to the Board proof that he has received the degree of doctor of medicine from a medical school which, at the time of graduation, was accredited by the Liaison Committee on Medical Education or the Committee for the Accreditation of Canadian Medical Schools.

[Part 8:169:1949; A 1953, 662; 1955, 103]—(NRS A 1969, 211; 1973, 508; 1983, 303; 1985, 2229)

NRS 630.171 Applicant to furnish certificate of completion of progressive postgraduate training. Except as otherwise provided in NRS 630.263, in addition to the other requirements for licensure, an applicant for a license to practice medicine shall cause to be submitted to the Board a certificate of completion of progressive postgraduate training from the residency program where the applicant received training.

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

NRS 630.173 Applicant to furnish certain information concerning claims for malpractice, complaints and disciplinary action involving applicant.

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

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

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

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

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

(Added to NRS by 2003, 3427)

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

(Added to NRS by 1985, 2222)

NRS 630.180 Examinations.

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

2. The Board may employ specialists and other consultants or examining services in conducting any examinations required by the Board.

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

NRS 630.195 Applicant who is graduate of foreign medical school must furnish evidence of degree and certificate. In addition to the other requirements for licensure, an applicant for a license to practice medicine who is a graduate of a foreign medical school shall submit to the Board proof that he has received:

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

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

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

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

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

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

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

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

(b) A separate form prescribed by the Board.

3. A license to practice medicine, to practice as a physician assistant or to practice as a practitioner of respiratory care may not be issued or renewed by the Board if the applicant:

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

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

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

(Added to NRS by 1997, 2119; A 1999, 520; 2001, 763; 2005, 2713, 2807, 2810)

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

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

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

(b) A separate form prescribed by the Board.

3. A license to practice medicine, to practice as a physician assistant or to practice as a practitioner of respiratory care may not be issued or renewed by the Board if the applicant:

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

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

NRS 630.200 Delay or denial of application: Grounds; notice; appeal.

1. The Board may deny an application for a license to practice medicine for any violation of the provisions of this chapter or regulations of the Board.

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

3. Any unsuccessful applicant may appeal to the district court to review the action of the Board, if he files his appeal within 90 days from the date of the rejection of his application by the Board. Upon appeal the applicant has the burden to show that the action of the Board is erroneous or unlawful.

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

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

1. The name of each applicant.

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

3. The date of the diploma.

4. The address of the applicant.

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

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

NRS 630.250 Validity of license issued before July 1, 1985. All valid licenses to practice medicine issued before July 1, 1985, remain in full effect but subject to the provisions of this chapter.

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

NRS 630.253 Active licensees: Continuing education.

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

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

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

Ê require each holder to comply with the requirements for continuing education adopted by the Board.

2. These requirements:

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

(b) Must provide for the completion of a course of instruction, within 2 years after initial licensure, relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction. The course must provide at least 4 hours of instruction that includes instruction in the following subjects:

(1) An overview of acts of terrorism and weapons of mass destruction;

(2) Personal protective equipment required for acts of terrorism;

(3) Common symptoms and methods of treatment associated with exposure to, or injuries caused by, chemical, biological, radioactive and nuclear agents;

(4) Syndromic surveillance and reporting procedures for acts of terrorism that involve biological agents; and

(5) An overview of the information available on, and the use of, the Health Alert Network.

Ê The Board may thereafter determine whether to include in a program of continuing education additional courses of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction.

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

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

(b) Approaches to providing health care to older persons, including both didactic and clinical approaches;

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

4. As used in this section:

(a) “Act of terrorism” has the meaning ascribed to it in NRS 202.4415.

(b) “Biological agent” has the meaning ascribed to it in NRS 202.442.

(d) “Radioactive agent” has the meaning ascribed to it in NRS 202.4437.

(e) “Weapon of mass destruction” has the meaning ascribed to it in NRS 202.4445.

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

NRS 630.254 Active licensees: Notice of change of mailing address; notice of change of location or close of office located in State; location of records.

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

(a) Shall impose upon the licensee a fine not to exceed $250; and

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

2. Any licensee who changes the location of his office in this State shall notify the Board in writing of the change before practicing at the new location.

3. Any licensee who closes his office in this State shall:

(a) Notify the Board in writing of this occurrence within 14 days after the closure; and

(b) For a period of 5 years thereafter keep the Board apprised in writing of the location of the medical records of his patients.

(Added to NRS by 1985, 2222; A 1987, 194; 1993, 2299; 2005, 2514; 2007, 3043)

NRS 630.255 Inactive licensees: Leaving State; ceasing or failing to practice; notice of change of mailing address; reinstatement.

1. Any licensee who changes the location of his practice of medicine from this State to another state or country, has never engaged in the practice of medicine in this State after licensure or has ceased to engage in the practice of medicine in this State for 12 consecutive months may be placed on inactive status by order of the Board.

2. Each inactive registrant shall maintain a permanent mailing address with the Board to which all communications from the Board to the registrant must be sent. An inactive registrant who changes his permanent mailing address shall notify the Board in writing of his new permanent mailing address within 30 days after the change. If an inactive registrant fails to notify the Board in writing of a change in his permanent mailing address within 30 days after the change, the Board shall impose upon the registrant a fine not to exceed $250.

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

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

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

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

(e) Satisfy the Board of his competence to practice medicine.

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

(Added to NRS by 1985, 2222; A 1987, 195; 1993, 2299; 1997, 682; 2005, 2514; 2007, 3043)

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

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

Special Categories of Licenses

NRS 630.258 Special volunteer medical license.

1. A physician who is retired from active practice and who wishes to donate his expertise for the medical care and treatment of persons in this State who are indigent, uninsured or unable to afford health care may obtain a special volunteer medical license by submitting an application to the Board pursuant to this section.

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

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

(b) Proof that the physician previously has been issued an unrestricted license to practice medicine in any state of the United States and that he has never been the subject of disciplinary action by a medical board in any jurisdiction;

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

(d) Acknowledgment that the practice of the physician under the special volunteer medical license will be exclusively devoted to providing medical care to persons in this State who are indigent, uninsured or unable to afford health care; and

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

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

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

5. The Board shall not charge a fee for:

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

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

6. A physician who is issued a special volunteer medical license pursuant to this section and who accepts the privilege of practicing medicine in this State pursuant to the provisions of the special volunteer medical license is subject to all the provisions governing disciplinary action set forth in this chapter.

7. A physician who is issued a special volunteer medical license pursuant to this section shall comply with the requirements for continuing education adopted by the Board.

(Added to NRS by 2001, 373; A 2003, 1888; 2007, 3044)

NRS 630.259 License as administrative physician.

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

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

(a) May not engage in the practice of clinical medicine;

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

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

NRS 630.261 Locum tenens, special, restricted, temporary and special purpose licenses.

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

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

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

(d) A temporary license for a specified period if the physician is licensed and in good standing in another state and meets the requirements for licensure in this State, and if the Board determines that it is necessary in order to provide medical services for a community without adequate medical care. A temporary license issued pursuant to the provisions of this paragraph is not renewable.

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

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

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

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

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

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

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

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

2. A person who applies for a restricted license pursuant to this section is not required to take or pass a written examination as to his qualifications to practice medicine pursuant to paragraph (e) of subsection 2 of NRS 630.160, but the person must meet all other conditions and requirements for an unrestricted license to practice medicine pursuant to this chapter.

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

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

(a) The Division shall notify the Board; and

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

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

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

7. As used in this section:

(a) “Division” means the Division of Mental Health and Developmental Services of the Department of Health and Human Services.

(b) “Mental health center” has the meaning ascribed to it in NRS 433.144.

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

NRS 630.263 Restricted license to practice medicine in certain medical specialties for which there are critically unmet needs.

1. If the Governor determines that there are critically unmet needs with regard to the number of physicians who are practicing a medical specialty within this State, the Governor may declare that a state of critical medical need exists for that medical specialty. The Governor may, but is not required to, limit such a declaration to one or more geographic areas within this State.

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

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

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

(c) Any other factors relating to the medical specialty that may adversely affect the delivery of health care within this State or any geographic area within this State.

3. If the Governor makes a declaration pursuant to this section, the Board may waive the requirements of paragraph (d) of subsection 2 of NRS 630.160 for an applicant if the applicant:

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

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

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

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

4. Any license issued pursuant to this section is a restricted license, and the person who holds the restricted license may practice medicine in this State only in the medical specialties and geographic areas for which the restricted license is issued.

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

(Added to NRS by 2003, 1885)

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

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

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

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

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

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

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

1. Except as otherwise provided in NRS 630.161, the Board may issue a restricted license to a person who:

(a) Is a graduate of a foreign medical school;

(b) Teaches, researches or practices medicine outside the United States;

(d) Intends to teach, research or practice clinical medicine at a medical research facility or medical school in this State.

2. A person who applies for a restricted license pursuant to this section is not required to take or pass a written examination concerning his qualifications to practice medicine, but the person must satisfy the requirements for a restricted license set forth in regulations adopted by the Board.

3. A person who holds a restricted license issued pursuant to this section may practice medicine in this State only in accordance with the terms and restrictions established by the Board.

4. If a person who holds a restricted license issued pursuant to this section ceases to teach, research or practice clinical medicine in this State at the medical research facility or medical school where he is employed:

(a) The medical research facility or medical school, as applicable, shall notify the Board; and

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

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

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

(Added to NRS by 2007, 3041; A 2007, 1822)

NRS 630.265 Limited license to practice medicine as resident physician.

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

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

(b) A graduate of a foreign medical school and has received the standard certificate of the Educational Commission for Foreign Medical Graduates or a written statement from that Commission that he passed the examination given by it.

2. The medical school or other institution sponsoring the program shall provide the Board with written confirmation that the applicant has been appointed to a position in the program and is a citizen of the United States or lawfully entitled to remain and work in the United States. A limited license remains valid only while the licensee is actively practicing medicine in the residency program and is legally entitled to work and remain in the United States.

3. The Board may issue a limited license for not more than 1 year but may renew the license if the applicant for the limited license meets the requirements set forth by the Board by regulation.

4. The holder of a limited license may practice medicine only in connection with his duties as a resident physician or under such conditions as are approved by the director of the program.

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

(Added to NRS by 1979, 676; A 1981, 1131; 1985, 2232; 1987, 195; 1991, 1069, 1886, 1888; 2001, 764; 2007, 3044)

Biennial Registration; Fees

NRS 630.267 Biennial registration: Submission of list and fee; suspension and reinstatement of license; notice to licensee.

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

(a) Submit a list of all actions filed or claims submitted to arbitration or mediation for malpractice or negligence against him during the previous 2 years.

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

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

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

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

(b) That his license is suspended.

Ê A copy of this notice must be sent to the Drug Enforcement Administration of the United States Department of Justice or its successor agency.

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

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

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

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

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

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

For application for and issuance of a license as a physician assistant............... 400

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

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

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

For biennial registration of a practitioner of respiratory care................................ 600

For biennial registration for a physician who is on inactive status....................... 400

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

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

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

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

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

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

2. In addition to the fees prescribed in subsection 1, the Board shall charge and collect necessary and reasonable fees for the expedited processing of a request or for any other incidental service the Board provides.

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

[20:169:1949; 1943 NCL § 4107.20]—(NRS A 1973, 514; 1975, 959; 1981, 1132; 1983, 304; 1985, 2234; 1987, 196; 1991, 1886; 1993, 2301; 1997, 683; 2001, 766; 2003, 1890; 2007, 2943)

PHYSICIAN ASSISTANTS

NRS 630.271 Authorized services.

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

2. The Board and supervising physician shall limit the authority of a physician assistant to prescribe controlled substances to those schedules of controlled substances that the supervising physician is authorized to prescribe pursuant to state and federal law.

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

NRS 630.273 Issuance and conditions of license. The Board may issue a license to an applicant who is qualified under the regulations of the Board to perform medical services under the supervision of a supervising physician. The application for a license as a physician assistant must include all information required to complete the application.

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

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

1. The educational and other qualifications of applicants.

2. The required academic program for applicants.

3. The procedures for applications for and the issuance of licenses.

4. The tests or examinations of applicants by the Board.

5. The medical services which a physician assistant may perform, except that he may not perform those specific functions and duties delegated or restricted by law to persons licensed as dentists, chiropractors, podiatric physicians and optometrists under chapters 631, 634, 635 and 636, respectively, of NRS, or as hearing aid specialists.

6. The duration, renewal and termination of licenses.

7. The grounds and procedures respecting disciplinary actions against physician assistants.

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

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

PRACTITIONERS OF RESPIRATORY CARE

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

(Added to NRS by 2001, 759)

NRS 630.277 Requirements; prohibitions; intern in respiratory care.

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

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

(b) Complete an educational program for respiratory care which has been approved by the National Board for Respiratory Care or its successor organization;

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

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

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

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

(a) Practice respiratory care; or

(b) Hold himself out as qualified to practice respiratory care,

Ê in this State without complying with the provisions of subsection 1.

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

(Added to NRS by 2001, 759)

NRS 630.279 Regulations concerning licensure. The Board shall adopt regulations regarding the licensure of practitioners of respiratory care, including, without limitation:

1. Educational and other qualifications of applicants;

2. Required academic programs which applicants must successfully complete;

3. Procedures for applying for and issuing licenses;

4. Tests or examinations of applicants by the Board;

5. The types of medical services that a practitioner of respiratory care may perform, except that a practitioner of respiratory care may not perform those specific functions and duties delegated or otherwise restricted by specific statute to persons licensed as dentists, chiropractors, podiatric physicians, optometrists, physicians, osteopathic physicians or hearing aid specialists pursuant to this chapter or chapter 631, 633, 634, 635, 636 or 637A of NRS, as appropriate;

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

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

(Added to NRS by 2001, 759)

EMPLOYEES

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

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

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

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

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

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

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

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

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

(2) Frequent or undesirable transfers or reassignments;

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

(4) A demotion;

(5) A reduction in pay;

(6) The denial of a promotion;

(7) A suspension;

(8) A dismissal;

(9) A transfer; or

(10) Frequent changes in working hours or workdays.

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

(Added to NRS by 2002 Special Session, 17)

NRS 630.296 Retaliation or discrimination against employee who reports or participates in investigation or proceeding relating to sentinel event or certain conduct of physician: Legal recourse of employee. An employee of a physician who believes that he has been retaliated or discriminated against in violation of NRS 630.293 may file an action in a court of competent jurisdiction for such relief as may be appropriate.

(Added to NRS by 2002 Special Session, 18)

REGULATION AND DISCIPLINE

General Provisions

NRS 630.298 Jurisdiction of Board over licensee unaffected by expiration or voluntary surrender of license. The expiration of a license by operation of law or by order or decision of the Board or a court, or the voluntary surrender of a license by a licensee, does not deprive the Board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.

(Added to NRS by 2003, 3428)

NRS 630.299 Authority of Board or investigative committee to issue letter of warning, letter of concern or nonpunitive admonishment.

1. If the Board has reason to believe that a person has violated, is violating or is about to violate any provision of this chapter, the Board or any investigative committee of the Board may issue to the person a letter of warning, a letter of concern or a nonpunitive admonishment at any time before the Board has initiated any disciplinary proceedings against the person.

2. The issuance of such a letter or admonishment:

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

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

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

Grounds for Initiating Disciplinary Action or Denying Licensure

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

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

3. Any disciplinary action, including, without limitation, the revocation, suspension, modification or limitation of a license to practice any type of medicine, taken by another state, the Federal Government, a foreign country or any other jurisdiction or the surrender of the license or discontinuing the practice of medicine while under investigation by any licensing authority, a medical facility, a branch of the Armed Services of the United States, an insurance company, an agency of the Federal Government or an employer.

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

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

6. Disruptive behavior with physicians, hospital personnel, patients, members of the families of patients or any other persons if the behavior interferes with patient care or has an adverse impact on the quality of care rendered to a patient.

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

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

9. The engaging in conduct that brings the medical profession into disrepute, including, without limitation, conduct that violates any provision of a code of ethics adopted by the Board by regulation based on a national code of ethics.

10. The engaging in sexual contact with the surrogate of a patient or other key persons related to a patient, including, without limitation, a spouse, parent or legal guardian, which exploits the relationship between the physician and the patient in a sexual manner.

11. Conviction of:

(a) Murder, voluntary manslaughter or mayhem;

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

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

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

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

(g) Any offense involving moral turpitude.

(Added to NRS by 1977, 824; A 1981, 590; 1983, 305; 1985, 2236; 1987, 197; 1991, 1070; 1993, 782; 1997, 684; 2001, 766; 2003, 2707, 3433; 2003, 20th Special Session, 264, 265; 2005, 2522; 2007, 3045)

1. Obtaining, maintaining or renewing or attempting to obtain, maintain or renew a license to practice medicine by bribery, fraud or misrepresentation or by any false, misleading, inaccurate or incomplete statement.

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

3. Practicing or attempting to practice medicine under another name.

4. Signing a blank prescription form.

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

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

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

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

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

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

(b) Dividing a fee between licensees except where the patient is informed of the division of fees and the division of fees is made in proportion to the services personally performed and the responsibility assumed by each licensee.

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

(d) Charging for visits to the physician’s office which did not occur or for services which were not rendered or documented in the records of the patient.

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

(f) Delegating responsibility for the care of a patient to a person if the licensee knows, or has reason to know, that the person is not qualified to undertake that responsibility.

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

(h) Failing to initiate the performance of community service within 1 year after the date the community service is required to begin, if the community service was imposed as a requirement of the licensee’s receiving loans or scholarships from the Federal Government or a state or local government for his medical education.

2. Nothing in this section prohibits a physician from forming an association or other business relationship with an optometrist pursuant to the provisions of NRS 636.373.

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

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

2. Engaging in any conduct:

(a) Which is intended to deceive;

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

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

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

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

6. Performing, without first obtaining the informed consent of the patient or his family, any procedure or prescribing any therapy which by the current standards of the practice of medicine is experimental.

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

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

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

10. Habitual intoxication from alcohol or dependency on controlled substances.

11. Failure by a licensee or applicant to report in writing, within 30 days, any disciplinary action taken against him by another state, the Federal Government or a foreign country, including, without limitation, the revocation, suspension or surrender of his license to practice medicine in another jurisdiction.

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

(Added to NRS by 1983, 302; A 1985, 2238; 1987, 199, 800, 1554, 1575; 2007, 3046)

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

2. Altering medical records of a patient.

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

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

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

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

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

NRS 630.3065 Willful disclosure of privileged communication; willful failure to comply with statute or regulation governing practice of medicine. The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:

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

2. Willful failure to comply with:

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

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

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

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

NRS 630.3066 Prescribing or administering certain controlled substances for treatment of intractable pain not grounds for initiating disciplinary action. A physician is not subject to disciplinary action solely for:

1. Prescribing or administering to a patient under his care a controlled substance which is listed in schedule II, III, IV or V by the State Board of Pharmacy pursuant to NRS 453.146, if the controlled substance is lawfully prescribed or administered for the treatment of intractable pain in accordance with regulations adopted by the Board.

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

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

Reports, Complaints, Investigations and Preliminary Proceedings

NRS 630.30665 Physician required to report certain information concerning surgeries; effect of failure to report; duties of Board; confidentiality of report; applicability.

1. The Board shall require each holder of a license to practice medicine to submit annually to the Board, on a form provided by the Board, a report stating the number and type of surgeries requiring conscious sedation, deep sedation or general anesthesia performed by the holder of the license at his office or any other facility, excluding any surgical care performed:

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

(b) Outside of this State.

2. In addition to the report required pursuant to subsection 1, the Board shall require each holder of a license to practice medicine to submit a report annually to the Board concerning the occurrence of any sentinel event arising from any surgery described in subsection 1. The report must be submitted in the manner prescribed by the Board which must be substantially similar to the manner prescribed by the Administrator of the Health Division of the Department of Health and Human Services for reporting information pursuant to NRS 439.835.

3. Each holder of a license to practice medicine shall submit the report required pursuant to subsections 1 and 2 whether or not he performed any surgery described in subsection 1. Failure to submit a report or knowingly filing false information in a report constitutes grounds for initiating disciplinary action pursuant to subsection 8 of NRS 630.306.

4. The Board shall:

(a) Collect and maintain reports received pursuant to subsections 1 and 2; and

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

5. Except as otherwise provided in NRS 239.0115, a report received pursuant to subsection 1 or 2 is confidential, not subject to subpoena or discovery, and not subject to inspection by the general public.

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

7. In addition to any other remedy or penalty, if a holder of a license to practice medicine fails to submit a report or knowingly files false information in a report submitted pursuant to this section, the Board may, after providing the holder of a license to practice medicine with notice and opportunity for a hearing, impose against the holder of a license to practice medicine an administrative penalty for each such violation. The Board shall establish by regulation a sliding scale based on the severity of the violation to determine the amount of the administrative penalty to be imposed against the holder of the license pursuant to this subsection. The regulations must include standards for determining the severity of the violation and may provide for a more severe penalty for multiple violations.

8. As used in this section:

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

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

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

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

(Added to NRS by 2005, 2512; A 2007, 1826, 2133)

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

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

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

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

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

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

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

1. A physician shall report to the Board:

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

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

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

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

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

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

(Added to NRS by 2003, 3428)

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

(Added to NRS by 2003, 3428)

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

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

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

(a) Is mentally ill;

(b) Is mentally incompetent;

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

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

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

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

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

NRS 630.309 Requirements for filing complaint against physician assistant or practitioner of respiratory care. To institute a disciplinary action against a physician assistant or practitioner of respiratory care, a written complaint, specifying the charges, must be filed with the Board by:

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

2. Any member of the Board; or

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

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

NRS 630.311 Review of complaint; investigation; composition of committee; filing of complaint with Board.

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

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

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

NRS 630.318 Physical or mental examination of physician; examination to determine medical competence.

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

2. For the purposes of this section:

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

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

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

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

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

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

NRS 630.329 Stay of order of suspension by court prohibited. If the Board issues an order suspending the license of a physician, physician assistant or practitioner of respiratory care pending proceedings for disciplinary action, the court shall not stay that order.

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

NRS 630.336 Confidentiality of certain proceedings, reports, complaints, investigations, records and other information; exceptions.

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

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

3. Except as otherwise provided in NRS 239.0115, the following may be kept confidential:

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

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

(1) The Board and any of its committees or panels; and

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

4. Except as otherwise provided in subsection 5 and NRS 239.0115, a complaint filed with the Board pursuant to NRS 630.307, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.

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

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

(Added to NRS by 1977, 826; A 1985, 2241; 1987, 201; 1989, 664; 2001, 769; 2003, 3435; 2007, 2134)

Disciplinary Proceedings

NRS 630.339 Notice of hearing and charges to be furnished to licensee.

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

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

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

NRS 630.342 Submission of fingerprints required upon initiation of disciplinary action; additional grounds for disciplinary action.

1. Any physician against whom the Board initiates disciplinary action pursuant to this chapter shall, within 30 days after the physician’s receipt of notification of the initiation of the disciplinary action, submit to the Board a complete set of his fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

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

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

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

(b) A violation of NRS 630.400.

(Added to NRS by 2005, 2522)

NRS 630.344 Service of process.

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

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

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

NRS 630.346 Requirements for proof. In any disciplinary hearing:

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

2. Proof of actual injury need not be established.

3. A certified copy of the record of a court or a licensing agency showing a conviction or plea of nolo contendere or the suspension, revocation, limitation, modification, denial or surrender of a license to practice medicine or respiratory care is conclusive evidence of its occurrence.

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

NRS 630.348 Standards for revocation of license.

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

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

(a) Any provision of NRS 630.161 or 630.301 to 630.3065, inclusive; or

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

(Added to NRS by 2003, 3428)

1. Any member of the Board, except for an advisory member serving on a panel of the Board hearing charges, may participate in the final order of the Board. If the Board, after a formal hearing, determines from a preponderance of the evidence that a violation of the provisions of this chapter or of the regulations of the Board has occurred, it shall issue and serve on the physician charged an order, in writing, containing its findings and any sanctions.

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

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

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

(b) Administer to him a public reprimand;

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

(e) Revoke his license to practice medicine, but only in accordance with the provisions of NRS 630.348;

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

(g) Require supervision of his practice;

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

(i) Require him to perform community service without compensation;

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

(k) Require him to fulfill certain training or educational requirements.

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

5. The Board shall not administer a private reprimand if the Board finds that a violation has occurred.

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

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

NRS 630.355 Acts constituting contempt; stay of related disciplinary proceedings; transfer of jurisdiction to district court; penalties; manner in which person may purge himself of contempt.

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

(a) Disobeys or resists a lawful order;

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

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

Ê the Board, hearing officer or panel may certify the facts to the district court of the county in which the proceeding is being conducted. Such a certification operates as a stay of all related disciplinary proceedings. The court shall issue an order directing the person to appear before the court and show cause why he should not be held in contempt.

2. A copy of the statement of the Board, hearing officer or panel, and the order of the district court issued pursuant to subsection 1, must be served on the person. Thereafter, the court has jurisdiction of the matter.

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

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

NRS 630.356 Judicial review; effective date of order; stay of Board’s order by court prohibited.

1. Any person aggrieved by a final order of the Board is entitled to judicial review of the Board’s order.

2. Every order that imposes a sanction against a licensee pursuant to subsection 3 or 4 of NRS 630.352 or any regulation of the Board is effective from the date the Secretary-Treasurer certifies the order until the date the order is modified or reversed by a final judgment of the court. The court shall not stay the order of the Board pending a final determination by the court.

3. The district court shall give a petition for judicial review of the Board’s order priority over other civil matters which are not expressly given priority by law.

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

NRS 630.358 Restoration of license.

1. Any person:

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

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

(1) Suspended until further order; or

(2) Revoked,

Ê by an order of the Board, may apply to the Board for removal of the limitation or restoration of his license.

2. In hearing the application, the Board:

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

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

3. The licensee has the burden of proving by clear and convincing evidence that the requirements for restoration of the license or removal of the limitation have been met.

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

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

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

Miscellaneous Provisions

NRS 630.364 Immunity from civil action.

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

2. The Board and any of its members and its staff, counsel, investigators, experts, peer reviewers, committees, panels, hearing officers, consultants and the employees or volunteers of a diversion program are immune from any civil liability for:

(a) Any decision or action taken in good faith and without malicious intent in response to information acquired by the Board.

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

3. As used in this section, “diversion program” means a program approved by the Board to correct a licensee’s alcohol or drug dependence or any other impairment.

(Added to NRS by 1977, 619, 827; A 1981, 590; 1985, 2012, 2245; 1989, 425; 2002 Special Session, 21; 2007, 3047)

1. A private nonprofit medical school or a nonprofit medical research institution may, notwithstanding any provision of law to the contrary:

(a) Operate as a corporation or other business organization or association with ownership or control shared by persons licensed pursuant to this chapter and persons not licensed pursuant to this chapter;

(b) Operate a clinic in conjunction with the school or institution which is staffed by physicians or osteopathic physicians who are employed by the school or the institution and who are:

(1) Licensed pursuant to this chapter or chapter 633 of NRS, respectively; and

(2) Members of the faculty of the school or institution; and

(c) Retain all or a portion of the money generated by a clinic described in paragraph (b), including, without limitation, any professional income generated by a physician or osteopathic physician staffing the clinic.

2. As used in this section, “private nonprofit medical school” means a private nonprofit medical school that is licensed by the Commission on Postsecondary Education and approved by the Liaison Committee on Medical Education of the American Medical Association and the Association of American Medical Colleges.

(Added to NRS by 2007, 1823, effective January 1, 2008)

1. If the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license to practice medicine, to practice as a physician assistant or to practice as a practitioner of respiratory care, the Board shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Board receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

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

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

NRS 630.369 Injecting patient with certain chemotherapeutic agents.

1. A person, other than a physician, shall not inject a patient with any chemotherapeutic agent classified as a prescription drug unless:

(a) The person is licensed or certified to perform medical services pursuant to this title;

(b) The administration of the injection is within the scope of the person’s license or certificate; and

(c) The person administers the injection under the supervision of a physician. The Board shall prescribe the requirements for supervision pursuant to this subsection.

2. As used in this section:

(a) “Dangerous drug” has the meaning ascribed to it in NRS 454.201.

(b) “Prescription drug” means:

(1) A controlled substance or dangerous drug that may be dispensed to an ultimate user only pursuant to a lawful prescription; and

(2) Any other substance or drug substituted for such a controlled substance or dangerous drug.

(Added to NRS by 2007, 3041)

NRS 630.371 Performance of laser surgery on eye without proper training. Laser surgery or intense pulsed light therapy on the globe of the eye of a patient may be performed only by a licensed physician who has completed a program of progressive postgraduate education in ophthalmology as a resident in the United States or Canada in a program approved by the Board, the Accreditation Council for Graduate Medical Education or the Council on Medical Education of the Canadian Medical Association.

(Added to NRS by 2007, 3041)

PRESCRIPTIONS FOR OPHTHALMIC LENSES

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

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

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

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

2. The prescribing ophthalmologist shall mark or check one of the lines or boxes required by subsection 1 each time such a prescription is issued by him.

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

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

5. As used in this section, “initial fitting” means measuring the health, integrity and refractive error of the eye to determine whether contacts may be approved pursuant to subsection 1.

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

INJUNCTIVE RELIEF

NRS 630.388 Authority of Board to apply for injunctive relief.

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

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

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

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

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

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

(a) Without proof of actual damage sustained by any person;

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

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

NRS 630.390 Sufficiency of allegations in application for injunctive relief. In seeking injunctive relief against any person for an alleged violation of this chapter by practicing medicine or respiratory care without a license, it is sufficient to allege that he did, upon a certain day, and in a certain county of this State, engage in the practice of medicine or respiratory care without having a license to do so, without alleging any further or more particular facts concerning the same.

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

UNLAWFUL ACTS; PENALTIES

NRS 630.400 Penalty for certain violations. A person who:

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

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

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

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

5. Holds himself out as a physician assistant or uses any other term indicating or implying that he is a physician assistant without being licensed by the Board; or

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

Ê is guilty of a category D felony and shall be punished as provided in NRS 193.130.

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

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

(Added to NRS by 1983, 301)

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

(Added to NRS by 1985, 2223)