[Rev. 11/21/2013 12:44:33 PM--2013]

CHAPTER 630 - PHYSICIANS, PHYSICIAN ASSISTANTS, MEDICAL ASSISTANTS, PERFUSIONISTS 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 630.0129         “Medical assistant” defined.

NRS 630.0135         “Medical facility” defined.

NRS 630.0137         “Perfusion” defined.

NRS 630.0138         “Perfusionist” 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 630.026           “Temporarily licensed perfusionist” 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 630.085           Acknowledgment of statutory ethical standards.

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 630.133           Board required to notify Division of Public and Behavioral Health of Department of Health and Human Services upon identification of certain sentinel events.

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 630.138           Board authorized to adopt regulations governing supervision of medical assistants.

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; action by Board if Board receives information concerning applicant that differs from information previously received by Board.

NRS 630.1605         Requirements for license by endorsement to practice medicine.

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           Submission of fingerprints.

NRS 630.170           Submission of evidence of graduation from accredited medical school.

NRS 630.171           Submission of certificate and proof satisfactory of completion of progressive postgraduate training.

NRS 630.173           Submission of certain information concerning claims for malpractice, complaints and other disciplinary action involving applicant; Board may refuse to consider certain information more than 10 years old.

NRS 630.180           Examinations.

NRS 630.195           Submission of evidence of degree and certificate of graduate of foreign medical school.

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 42 U.S.C. § 666, 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 42 U.S.C. § 666, 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 630.198           Board prohibited from issuing or renewing certain licenses unless applicant attests to certain information pertaining to safe and appropriate injection practices.

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 630.2615         Authorized facility license to practice medicine in institution of Department of Corrections.

NRS 630.262           Authorized facility 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.

NRS 630.266           Special event license to demonstrate medical techniques and procedures; regulations.

 

Biennial Registration; Fees

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

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

PERFUSIONISTS

NRS 630.269           Regulations concerning licensing.

NRS 630.2691         Requirements for licensing.

NRS 630.2692         Examinations.

NRS 630.2693         Waiver of examination for certain applicants.

NRS 630.2694         Issuance and display of license; notification of Board upon change of address.

NRS 630.2695         Expiration and renewal of licenses.

NRS 630.2696         Temporary licenses.

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           Physician prohibited from retaliating or discriminating against certain persons for reporting or participating in investigation or proceeding relating to sentinel event or conduct of physician or other persons or refusing to engage in unlawful conduct; restriction of right prohibited.

NRS 630.296           Legal remedy for certain retaliation or discrimination: Filing of action; damages; interest; equitable relief; rebuttable presumption in certain circumstances; civil penalty; limitation of action.

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 renewing 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 regulation governing practice of medicine or adopted by State Board of Pharmacy; unlawful distribution of controlled substance; injection of silicone; practice beyond scope of license; practicing experimental medicine without consent of patient or patient’s family; lack of skill or diligence; habitual intoxication or dependency on controlled substances; filing of false report; failure to report certain changes of information or disciplinary or criminal action in another jurisdiction; failure to be found competent after examination; certain operation of a medical facility; prohibited administration of anesthesia or sedation; engaging in unsafe or unprofessional conduct; knowingly procuring or administering certain controlled substances or dangerous drugs; failure to supervise medical assistant adequately.

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 and sentinel events; 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 privileges and disciplinary action; administrative penalties for failure to report; clerk of court required to report certain information concerning court actions; retention of complaints.

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

NRS 630.311           Review and investigation of complaint by committee designated by Board; formal complaint; proceedings confidential; publication of summary of proceedings and determinations.

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

NRS 630.326           Summary suspension of license: Issuance of order; hearing; limitation on time for completing examination.

NRS 630.329           Summary suspension of license: Stay by court of Board’s order prohibited.

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

 

Disciplinary Proceedings

NRS 630.339           Contents of formal complaint; answer; case conference; procedure for hearing resulting from report of violations of Industrial Insurance Act; formal hearing.

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; burden of proof.

NRS 630.352           Disposition of charges: Adjudication by Board; dismissal of charges or required disciplinary action for violations; private reprimands prohibited; issuance of order imposing discipline; 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 or herself 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; Board prohibited from taking certain action against physician for disclosing violations to governmental entity or cooperating in related investigation, hearing or inquiry.

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.

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 42 U.S.C. § 666, 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 630.3675         Suspension of license for conviction of felony relating to license holder’s practice.

NRS 630.369           Injecting patient with certain chemotherapeutic agents.

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

NRS 630.373           Administration of anesthesia or sedation.

NRS 630.374           Physician authorized to issue order for public or private school to obtain and maintain auto-injectable epinephrine at school; definitions.

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 630.395           Inspection of premises by Board.

NRS 630.397           Practicing or offering to practice without license; reporting requirements of Board.

NRS 630.400           Penalty for certain violations.

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

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, perfusion 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, perfusionists, 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, perfusionists, 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; 2009, 2946)

      NRS 630.005  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 630.007 to 630.026, 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; 2009, 2946; 2011, 2612)

      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 630.0129  “Medical assistant” defined.

      1.  “Medical assistant” means a person who:

      (a) Performs clinical tasks under the supervision of a physician or physician assistant; and

      (b) Does not hold a license, certificate or registration issued by a professional licensing or regulatory board in this State to perform such clinical tasks.

      2.  The term does not include a person who performs only administrative, clerical, executive or other nonclinical tasks.

      (Added to NRS by 2011, 2611)

      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 630.0137  “Perfusion” defined.

      1.  “Perfusion” means the performance of functions which are necessary to provide for the support, treatment, measurement or supplementation of a patient’s cardiovascular, circulatory or respiratory system or other organs, or any combination of those activities, and to ensure the safe management of the patient’s physiological functions by monitoring and analyzing the parameters of the patient’s systems or organs under the order and supervision of a physician.

      2.  The term includes, without limitation:

      (a) The use of extracorporeal circulation and any associated therapeutic and diagnostic technologies; and

      (b) The use of long-term cardiopulmonary support techniques.

      3.  As used in this section, “extracorporeal circulation” means the diversion of a patient’s blood through a heart-lung bypass machine or a similar device that assumes the functions of the patient’s heart, lungs, kidney, liver or other organs.

      (Added to NRS by 2009, 2943)

      NRS 630.0138  “Perfusionist” defined.  “Perfusionist” means a person who is licensed to practice perfusion by the Board.

      (Added to NRS by 2009, 2943)

      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, including, but not limited to, the performance of an autopsy.

      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 from within or outside this State or the United States.

      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; 2009, 2946; 2013, 2011)

      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 practice registered nurse 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; A 2013, 2070)

      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 630.026  “Temporarily licensed perfusionist” defined.  “Temporarily licensed perfusionist” means a person temporarily licensed to practice perfusion by the Board pursuant to NRS 630.2696.

      (Added to NRS by 2009, 2943)

      NRS 630.045  Purpose of licensing; license is revocable privilege.

      1.  The purpose of licensing physicians, perfusionists, 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.

      (Added to NRS by 1975, 413; A 2001, 760; 2003, 3430; 2009, 2946)

      NRS 630.047  Applicability.

      1.  This chapter does not apply to:

      (a) A medical officer or perfusionist or practitioner of respiratory care of the Armed Forces or a medical officer or perfusionist or practitioner of respiratory care of any division or department of the United States in the discharge of his or her official duties, including, without limitation, providing medical care in a hospital in accordance with an agreement entered into pursuant to NRS 449.2455;

      (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 the supervision of the physician until a practitioner of respiratory care is available;

      (g) The practice of respiratory care by a person on himself or herself 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 or herself as a practitioner of respiratory care;

      (h) A person who is employed by a physician and provides respiratory care or services as a perfusionist under the supervision of that physician;

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

      (j) 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 or her 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, perfusionist, 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; 2009, 818, 2947)

      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 a person 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, the person 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 or her office, each member of the Board shall take:

      1.  The constitutional oath or affirmation of office; and

      2.  An oath or affirmation that the member 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 630.085  Acknowledgment of statutory ethical standards.

      1.  Each member of the Board shall comply with the provisions of NRS 281A.500.

      2.  Each member of the Board shall provide a copy of the acknowledgment filed pursuant to NRS 281A.500 to the Executive Director of the Board, and the Executive Director shall retain an acknowledgment provided pursuant to this section for 6 years after the date on which the acknowledgment was provided to the Executive Director.

      (Added to NRS by 2009, 1017)

      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 or her position as a hearing officer or the Board terminates the person from his or her 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, perfusionists, 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; 2009, 2948)

      NRS 630.123  Fiscal year.  The Board shall operate on the basis of a fiscal year commencing on January 1 and terminating on December 31.

      (Added to NRS by 1963, 149; A 2009, 2948)

      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 218G.400 or have been affiliated, in any way, with a person who has conducted an audit of the Board pursuant to NRS 218G.400.

      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 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

      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.

      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;

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

      (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 3 and 6 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; 2009, 2948; 2011, 2858)

      NRS 630.133  Board required to notify Division of Public and Behavioral Health of Department of Health and Human Services upon identification of certain sentinel events.

      1.  The Board shall immediately notify the Division of Public and Behavioral Health of the Department of Health and Human Services if the Board identifies a sentinel event which is required to be reported by a medical facility pursuant to NRS 439.835.

      2.  Except as otherwise provided in NRS 239.0115, any information provided to the Division of Public and Behavioral Health pursuant to this section relating to the identification of a sentinel event is confidential, not subject to subpoena or discovery and not subject to inspection by the general public.

      (Added to NRS by 2009, 3070)

      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, perfusionist, 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, perfusionist, physician assistant or practitioner of respiratory care from aiding or abetting another person in the unlicensed practice of medicine or the unlicensed practice of perfusion or 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; A 2009, 2949)

      NRS 630.138  Board authorized to adopt regulations governing supervision of medical assistants.  The Board:

      1.  May adopt regulations governing the supervision of a medical assistant, including, without limitation, regulations which prescribe limitations on the possession and administration of a dangerous drug by a medical assistant.

      2.  Shall adopt regulations governing the possession and administration of botulinum toxin, commonly known as Botox, by a medical assistant or any other person, including, without limitation:

      (a) The qualifications and training required for administration; and

      (b) The manner and place of administration.

      (Added to NRS by 2011, 2612; A 2013, 2215)

      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, but not the Executive Director acting on his or her own behalf, may issue subpoenas to compel the attendance of witnesses and the production of books, X rays, medical records and any other item within the scope of Rule 45 of the Nevada Rules of Civil Procedure. The Secretary-Treasurer, President or other officer of the Board acting on its behalf or the Executive Director must sign the subpoena.

      2.  If any person fails to comply with the subpoena, the Secretary-Treasurer, Executive Director 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 the person 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; 2009, 2949)

      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; action by Board if Board receives information concerning applicant that differs from information previously received by Board.

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

      2.  Except as otherwise provided in NRS 630.1605, 630.161 and 630.258 to 630.266, 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 the 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 the 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;

             (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; or

             (3) Is a resident who is enrolled in a progressive postgraduate training program in the United States or Canada approved by the Board, the Accreditation Council for Graduate Medical Education or the Coordinating Council of Medical Education of the Canadian Medical Association, has completed at least 24 months of the program and has committed, in writing, to the Board that he or she will complete the program; and

      (e) Passes a written or oral examination, or both, as to his or her 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).

      3.  The Board may issue a license to practice medicine after the Board verifies, through any readily available source, that the applicant has complied with the provisions of subsection 2. The verification may include, but is not limited to, using the Federation Credentials Verification Service. If any information is verified by a source other than the primary source of the information, the Board may require subsequent verification of the information by the primary source of the information.

      4.  Notwithstanding any provision of this chapter to the contrary, if, after issuing a license to practice medicine, the Board obtains information from a primary or other source of information and that information differs from the information provided by the applicant or otherwise received by the Board, the Board may:

      (a) Temporarily suspend the license;

      (b) Promptly review the differing information with the Board as a whole or in a committee appointed by the Board;

      (c) Declare the license void if the Board or a committee appointed by the Board determines that the information submitted by the applicant was false, fraudulent or intended to deceive the Board;

      (d) Refer the applicant to the Attorney General for possible criminal prosecution pursuant to NRS 630.400; or

      (e) If the Board temporarily suspends the license, allow the license to return to active status subject to any terms and conditions specified by the Board, including:

             (1) Placing the licensee on probation for a specified period with specified conditions;

             (2) Administering a public reprimand;

             (3) Limiting the practice of the licensee;

             (4) Suspending the license for a specified period or until further order of the Board;

             (5) Requiring the licensee to participate in a program to correct alcohol or drug dependence or any other impairment;

             (6) Requiring supervision of the practice of the licensee;

             (7) Imposing an administrative fine not to exceed $5,000;

             (8) Requiring the licensee to perform community service without compensation;

             (9) Requiring the licensee to take a physical or mental examination or an examination testing his or her competence to practice medicine;

             (10) Requiring the licensee to complete any training or educational requirements specified by the Board; and

             (11) Requiring the licensee to submit a corrected application, including the payment of all appropriate fees and costs incident to submitting an application.

      5.  If the Board determines after reviewing the differing information to allow the license to remain in active status, the action of the Board is not a disciplinary action and must not be reported to any national database. If the Board determines after reviewing the differing information to declare the license void, its action shall be deemed a disciplinary action and shall be reportable to national databases.

      [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; 2009, 1105, 2950; 2011, 887)

      NRS 630.1605  Requirements for license by endorsement to practice medicine.

      1.  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:

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

      (b) The applicant:

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

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

             (3) 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

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

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

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

      (Added to NRS by 2003, 1886; A 2007, 1825; 2009, 2952, 2999)

      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 or her 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  Submission of fingerprints.  In addition to any other requirements set forth in this chapter, each applicant for a license to practice medicine, to practice as a perfusionist, to practice as a physician assistant or to practice respiratory care shall submit to the Board a complete set of 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. Any fees or costs charged by the Board for this service pursuant to NRS 630.268 are not refundable.

      (Added to NRS by 2005, 2522; A 2009, 2952)

      NRS 630.170  Submission of 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 the applicant 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. The proof of the degree of doctor of medicine must be submitted directly to the Board by the medical school that granted the degree. If proof of the degree is unavailable from the medical school, the Board may accept proof from any other source specified by the Board.

      [Part 8:169:1949; A 1953, 662; 1955, 103]—(NRS A 1969, 211; 1973, 508; 1983, 303; 1985, 2229; 2009, 2953)

      NRS 630.171  Submission of certificate and proof satisfactory 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, if applicable:

      1.  A certificate of completion of progressive postgraduate training from the residency program where the applicant received training; and

      2.  Proof of satisfactory completion of a progressive postgraduate training program specified in subparagraph (3) of paragraph (d) of subsection 2 of NRS 630.160 within 60 days after the scheduled completion of the program.

      (Added to NRS by 2003, 3427; A 2003, 20th Special Session, 264; 2011, 889)

      NRS 630.173  Submission of certain information concerning claims for malpractice, complaints and other disciplinary action involving applicant; Board may refuse to consider certain information more than 10 years old.

      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 may consider any information specified in subsection 1 that is more than 10 years old if the Board receives the information from the applicant or any other source from which the Board is verifying the information provided by the applicant.

      3.  The Board may refuse to consider any information specified in subsection 1 that is more than 10 years old if the Board determines that the claim or complaint is remote or isolated and that obtaining or attempting to obtain a record relating to the information will unreasonably delay the consideration of the application.

      4.  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; A 2009, 2953)

      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  Submission of evidence of degree and certificate of graduate of foreign medical school.

      1.  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 the applicant has received:

      (a) The degree of doctor of medicine or its equivalent, as determined by the Board; and

      (b) The standard certificate of the Educational Commission for Foreign Medical Graduates or a written statement from that Commission that the applicant passed the examination given by the Commission.

      2.  The proof of the degree of doctor of medicine or its equivalent must be submitted directly to the Board by the medical school that granted the degree. If proof of the degree is unavailable from the medical school that granted the degree, the Board may accept proof from any other source specified by the Board.

      (Added to NRS by 1969, 214; A 1973, 509; 1975, 960; 1977, 1564; 1983, 304; 1985, 2230; 2009, 2953)

      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 42 U.S.C. § 666, 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.]

      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 perfusionist, 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 perfusionist, 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 perfusionist, 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 the applicant 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 the applicant 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; 2009, 2953)

      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 42 U.S.C. § 666, 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.]

      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 perfusionist, 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 perfusionist, 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 the applicant 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 the applicant 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, 2714, 2807, 2810; 2009, 2953, 2954, effective on the date of the repeal of 42 U.S.C. § 666, 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 630.198  Board prohibited from issuing or renewing certain licenses unless applicant attests to certain information pertaining to safe and appropriate injection practices.

      1.  The Board shall not issue or renew a license to practice as a physician, physician assistant or perfusionist unless the applicant for issuance or renewal of the license attests to knowledge of and compliance with the guidelines of the Centers for Disease Control and Prevention concerning the prevention of transmission of infectious agents through safe and appropriate injection practices.

      2.  In addition to the attestation provided pursuant to subsection 1, a physician shall attest that any person:

      (a) Who is under the control and supervision of the physician;

      (b) Who is not licensed pursuant to this chapter; and

      (c) Whose duties involve injection practices,

Ê has knowledge of and is in compliance with the guidelines of the Centers for Disease Control and Prevention concerning the prevention of transmission of infectious agents through safe and appropriate injection practices.

      (Added to NRS by 2011, 2054)

      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 the applicant does so, the Board shall respond in writing to the contentions of the applicant.

      3.  Any unsuccessful applicant may appeal to the Board if the applicant files the appeal within 90 days after the date of the rejection of the application by the Board. Upon appeal, the applicant has the burden to show that the action of the Board is erroneous.

      [12:169:1949; 1943 NCL § 4107.12]—(NRS A 1973, 510; 1985, 2231; 2009, 2955)

      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;

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

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

      4.  The Board shall encourage each holder of a license to practice medicine to receive, as a portion of his or her continuing education, training concerning methods for educating patients about how to effectively manage medications, including, without limitation, the ability of the patient to request to have the symptom or purpose for which a drug is prescribed included on the label attached to the container of the drug.

      5.  A holder of a license to practice medicine may substitute not more than 2 hours of continuing education credits in pain management or addiction care for the purposes of satisfying an equivalent requirement for continuing education in ethics.

      6.  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.

      (c) “Chemical agent” has the meaning ascribed to it in NRS 202.4425.

      (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; 2011, 2036; 2013, 1568)

      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 or her permanent mailing address shall notify the Board in writing of the 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 or her 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 10 of NRS 630.306.

      2.  Any licensee who changes the location of his or her 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 or her 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, unless a longer period of retention is provided by federal law, keep the Board apprised in writing of the location of the medical records of the licensee’s patients.

      4.  In addition to the requirements of subsection 1, any licensee who performs any of the acts described in subsection 3 of NRS 630.020 from outside this State or the United States shall maintain an electronic mail address with the Board to which all communications from the Board to the licensee may be sent.

      (Added to NRS by 1985, 2222; A 1987, 194; 1993, 2299; 2005, 2514; 2007, 3043; 2009, 2550; 2013, 2012)

      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 or her 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 or her permanent mailing address shall notify the Board in writing of the 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 or her permanent mailing address within 30 days after the change, the Board shall impose upon the registrant a fine not to exceed $250.

      3.  In addition to the requirements of subsection 2, any licensee who changes the location of his or her practice of medicine from this State to another state or country and any inactive registrant shall maintain an electronic mail address with the Board to which all communications from the Board to him or her may be sent.

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

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

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

      (c) Complete the form for registration for active status;

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

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

      5.  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; 2013, 2012)

      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 the licensee 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:

      (a) Wishes to donate his or her expertise for the medical care and treatment of persons in this State who are indigent, uninsured or unable to afford health care; or

      (b) Wishes to provide services for any disaster relief operations conducted by a governmental entity or nonprofit organization,

Ê 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 the physician 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:

             (1) To persons in this State who are indigent, uninsured or unable to afford health care; or

             (2) As part of any disaster relief operations conducted by a governmental entity or nonprofit organization; 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; 2009, 2955)

      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

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

      (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 or her 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 or her 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.

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

      (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 perform any of the acts described in subsections 1 and 2 of NRS 630.020 by using equipment that transfers information concerning the medical condition of a patient in this State electronically, telephonically or by fiber optics from within or outside this State or the United States. A physician who holds a special purpose license issued pursuant to this paragraph:

            (1) Except as otherwise provided by specific statute or regulation, shall comply with the provisions of this chapter and the regulations of the Board; and

             (2) To the extent not inconsistent with the Nevada Constitution or the United States Constitution, is subject to the jurisdiction of the courts of this State.

      2.  For the purpose of paragraph (e) of subsection 1, the physician must:

      (a) Hold a full and unrestricted license to practice medicine in another state;

      (b) Not have had any disciplinary or other action taken against him or her by any state or other jurisdiction; and

      (c) Be certified by a specialty board of the American Board of Medical Specialties or its successor.

      3.  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; 2009, 2956; 2013, 2013)

      NRS 630.2615  Authorized facility license to practice medicine in institution of Department of Corrections.

      1.  Except as otherwise provided in NRS 630.161, the Board may issue an authorized facility license to a person who intends to practice medicine in this State as a physician in an institution of the Department of Corrections under the direct supervision of a physician who holds an unrestricted license to practice medicine pursuant to this chapter or to practice osteopathic medicine pursuant to chapter 633 of NRS.

      2.  A person who applies for an authorized facility license pursuant to this section is not required to take or pass a written examination as to his or her 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 an authorized facility license pursuant to this section, the person who holds the license may practice medicine in this State only as a physician in an institution of the Department of Corrections and only under the direct supervision of a physician who holds an unrestricted license to practice medicine pursuant to this chapter or to practice osteopathic medicine pursuant to chapter 633 of NRS.

      4.  If a person who holds an authorized facility license issued pursuant to this section ceases to practice medicine in this State as a physician in an institution of the Department of Corrections:

      (a) The Department shall notify the Board; and

      (b) Upon receipt of the notification, the authorized facility license expires automatically.

      5.  The Board may renew or modify an authorized facility license issued pursuant to this section, unless the 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 license to an applicant in accordance with any other provision of this chapter.

      (Added to NRS by 2009, 2945)

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

      1.  Except as otherwise provided in NRS 630.161, the Board may issue an authorized facility 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 or to practice osteopathic medicine pursuant to chapter 633 of NRS.

      2.  A person who applies for an authorized facility license pursuant to this section is not required to take or pass a written examination as to his or her 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 an authorized facility license pursuant to this section, the person who holds the 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 or to practice osteopathic medicine pursuant to chapter 633 of NRS.

      4.  If a person who holds an authorized facility 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 the notification, the authorized facility license expires automatically.

      5.  The Board may renew or modify an authorized facility license issued pursuant to this section, unless the 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 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 Public and Behavioral Health 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; 2009, 2957; 2013, 3067)

      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 the declaration and, if the Governor has limited the 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

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

      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. A person may apply to the Board of Medical Examiners for renewal of that restricted license every 2 years after being 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)

      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.

      1.  Except as otherwise provided in NRS 630.161, the Board may issue a restricted license to teach, research or practice medicine to a person if:

      (a) The person:

             (1) Submits to the Board:

                   (I) Proof that the person is a graduate of a foreign medical school, as provided in NRS 630.195;

                   (II) Proof that the person teaches, researches or practices medicine outside the United States; and

                   (III) Any other documentation or proof of qualifications required by the Board; and

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

      (b) Any other documentation or proof of qualifications required by the Board is authenticated in a manner approved by the Board.

      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 or her qualifications to practice medicine.

      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 medicine in this State at the medical facility, medical research facility or medical school where the person is employed:

      (a) The medical facility, 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.

      7.  A restricted license to teach, research or practice medicine may be issued, renewed or modified at a meeting of the Board or between its meetings by the President and the Executive Director of the Board. Such an action shall be deemed to be an action of the Board.

      (Added to NRS by 2007, 3041; A 2007, 1822; 2013, 2014)

      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 the applicant 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 the applicant 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 or her 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)

      NRS 630.266  Special event license to demonstrate medical techniques and procedures; regulations.

      1.  Except as otherwise provided in NRS 630.161, the Board may issue a special event license to a licensed physician of another state to conduct demonstrations of medical techniques and procedures at a special event in this State.

      2.  A licensed physician of another state who applies for a special event license pursuant to this section:

      (a) Must be in good standing in that state; and

      (b) Is not required to take or pass a written examination concerning his or her qualifications to practice medicine but must satisfy the requirements for a special event license set forth in regulations adopted by the Board pursuant to subsection 5.

      3.  A physician who holds a special event license issued pursuant to this section may perform medical techniques and procedures pursuant to the license for demonstration purposes only.

      4.  A special event license issued pursuant to the provisions of this section is valid for a short period, as determined by the Board, and is not renewable.

      5.  The Board shall adopt regulations to carry out the provisions of this section.

      6.  For the purposes of this section, “special event” means a scheduled activity or event at which a physician appears as a clinician for teaching or demonstrating certain methods of technical procedures if:

      (a) The persons attending the scheduled activity or event are:

             (1) Members of a medical society or other medical organization;

             (2) Persons who are attending a medical convention;

             (3) Students or faculty members of a medical school; or

             (4) Licensed physicians; and

      (b) The scheduled activity or event is being held before any combination of the persons described in paragraph (a) and is being held at:

             (1) A meeting or other gathering of a medical society or other medical organization;

             (2) A medical convention;

             (3) A medical school; or

             (4) A licensed hospital.

      (Added to NRS by 2009, 1105)

Biennial Registration; Fees

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

      1.  Each holder of a license to practice medicine must, on or before July 1, or if July 1 is a Saturday, Sunday or legal holiday, on the next business day after July 1, of each odd-numbered year:

      (a) Submit a list of all actions filed or claims submitted to arbitration or mediation for malpractice or negligence against him or her 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.

      (c) Submit all information required to complete the biennial registration.

      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 or her license to practice medicine in this State expires. The holder may, within 2 years after the date the license expires, 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 or she 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 the fee for biennial registration and all information required to complete the biennial registration are due; and

      (b) That his or her license has expired.

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; 2011, 2859)

      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, authorized facility, special, special purpose or special event license.................................................................................... 400

For renewal of a limited, restricted, authorized facility 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 perfusionist or practitioner of respiratory care         400

For biennial renewal of a license as a perfusionist............................................ 600

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; 2009, 1106, 2958)

PERFUSIONISTS

      NRS 630.269  Regulations concerning licensing.  The Board shall adopt regulations regarding the licensure of perfusionists, including, without limitation:

      1.  The criteria for licensure as a perfusionist and the standards of professional conduct for holders of such a license;

      2.  The qualifications and fitness of applicants for licenses, renewal of licenses and reciprocal licenses;

      3.  The requirements for any practical, oral or written examination for a license that the Board may require pursuant to NRS 630.2692, including, without limitation, the passing grade for such an examination;

      4.  The fees for examination and for reinstatement of expired licenses;

      5.  The requirements for continuing education for the renewal of a license;

      6.  A code of ethics for perfusionists; and

      7.  The procedures for the revocation, suspension or denial of a license for a violation of this chapter or the regulations of the Board.

      (Added to NRS by 2009, 2943)

      NRS 630.2691  Requirements for licensing.  To be eligible for licensing by the Board as a perfusionist, an applicant must:

      1.  Be a natural person of good moral character;

      2.  Submit a completed application as required by the Board by the date established by the Board;

      3.  Submit any required fees by the date established by the Board;

      4.  Have successfully completed a perfusion education program approved by the Board, which must:

      (a) Have been approved by the Committee on Allied Health Education and Accreditation of the American Medical Association before June 1, 1994; or

      (b) Be a program that has educational standards that are at least as stringent as those established by the Accreditation Committee-Perfusion Education and approved by the Commission on Accreditation of Allied Health Education Programs of the American Medical Association, or its successor;

      5.  Pass an examination required pursuant to NRS 630.2692; and

      6.  Comply with any other requirements set by the Board.

      (Added to NRS by 2009, 2943)

      NRS 630.2692  Examinations.

      1.  The Board shall use the certification examinations given by the American Board of Cardiovascular Perfusion or its successor in determining the qualifications for granting a license to practice perfusion.

      2.  The Board shall notify each applicant of the results of the examination.

      3.  If a person who fails the examination makes a written request, the Board shall furnish the person with an analysis of his or her performance on the examination.

      (Added to NRS by 2009, 2944)

      NRS 630.2693  Waiver of examination for certain applicants.  The Board shall waive the examination required pursuant to NRS 630.2692 for an applicant who at the time of application:

      1.  Is licensed as a perfusionist in another state, territory or possession of the United States, if the requirements for licensure are substantially similar to those required by the Board; or

      2.  Holds a current certificate as a certified clinical perfusionist issued by the American Board of Cardiovascular Perfusion or its successor before October 1, 2009.

      (Added to NRS by 2009, 2944)

      NRS 630.2694  Issuance and display of license; notification of Board upon change of address.

      1.  The Board shall issue a license as a perfusionist to each applicant who proves to the satisfaction of the Board that the applicant is qualified for licensure. The license authorizes the applicant to represent himself or herself as a licensed perfusionist and to practice perfusion in this State subject to the conditions and limitations of this chapter.

      2.  Each licensed perfusionist shall:

      (a) Display his or her current license in a location which is accessible to the public;

      (b) Keep a copy of his or her current license on file at any health care facility where he or she provides services; and

      (c) Notify the Board of any change of address in accordance with NRS 630.254.

      3.  As used in this section, “health care facility” means a medical facility or facility for the dependent licensed pursuant to chapter 449 of NRS.

      (Added to NRS by 2009, 2944)

      NRS 630.2695  Expiration and renewal of licenses.

      1.  Each license issued pursuant to NRS 630.2694 expires on July 1, or if July 1 is a Saturday, Sunday or legal holiday, on the next business day after July 1, of every odd-numbered year and may be renewed if, before the license expires, the holder of the license submits to the Board:

      (a) A completed application for renewal on a form prescribed by the Board;

      (b) Proof of completion of the requirements for continuing education prescribed by regulations adopted by the Board pursuant to NRS 630.269; and

      (c) The applicable fee for renewal of the license prescribed by the Board pursuant to NRS 630.2691.

      2.  A license that expires pursuant to this section not more than 2 years before an application for renewal is made may be reinstated only if the applicant:

      (a) Complies with the provisions of subsection 1; and

      (b) Submits to the Board the fees:

             (1) For the reinstatement of an expired license, prescribed by regulations adopted by the Board pursuant to NRS 630.269; and

             (2) For each biennium that the license was expired, for the renewal of the license.

      3.  If a license has been expired for more than 2 years, a person may not renew or reinstate the license but must apply for a new license and submit to the examination required pursuant to NRS 630.2692.

      4.  The Board shall send a notice of renewal to each licensee not later than 60 days before his or her license expires. The notice must include the amount of the fee for renewal of the license.

      (Added to NRS by 2009, 2944; A 2011, 2859)

      NRS 630.2696  Temporary licenses.

      1.  The Board may issue a temporary license to practice perfusion in this State to a person who has not yet completed the examination required pursuant to NRS 630.2692 but who:

      (a) Has completed an approved perfusion education program;

      (b) Files an application; and

      (c) Pays the required fee.

      2.  A perfusionist shall supervise and direct a temporarily licensed perfusionist at all times during which the temporarily licensed perfusionist performs perfusion.

      3.  A temporary license is valid for 1 year after the date it is issued and may be extended subject to regulation by the Board. The application for renewal must be signed by a supervising licensed perfusionist.

      4.  If a temporarily licensed perfusionist fails any portion of the examination required pursuant to NRS 630.2692, he or she shall immediately surrender the temporary license to the Board.

      (Added to NRS by 2009, 2945)

PHYSICIAN ASSISTANTS

      NRS 630.271  Authorized services.

      1.  A physician assistant may perform such medical services as the physician assistant is authorized to perform by his or her 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 a physician assistant 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, including, without limitation, supervision that is performed electronically, telephonically or by fiber optics from within or outside this State or the United States.

      9.  A physician assistant’s use of equipment that transfers information concerning the medical condition of a patient in this State electronically, telephonically or by fiber optics from within or outside this State or the United States.

      (Added to NRS by 1973, 512; A 1985, 2233; 1993, 2217; 1997, 683; 2001, 765; 2013, 2015)

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:

             (1) A high school diploma; or

             (2) A general equivalency diploma or an equivalent document;

      (b) Complete an educational program for respiratory care which has been approved by the Commission on Accreditation of Allied Health Education Programs or its successor organization or the Committee on Accreditation 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 or herself 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; A 2009, 2959; 2011, 2860; 2013, 3293)

      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

      NRS 630.293  Physician prohibited from retaliating or discriminating against certain persons for reporting or participating in investigation or proceeding relating to sentinel event or conduct of physician or other persons or refusing to engage in unlawful conduct; restriction of right prohibited.

      1.  A physician or any agent or employee thereof shall not retaliate or discriminate unfairly against:

      (a) An employee of the physician or a person acting on behalf of the employee who in good faith:

             (1) Reports to the Board of Medical Examiners 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; or

             (2) Reports a sentinel event to the Division of Public and Behavioral Health of the Department of Health and Human Services pursuant to NRS 439.835;

      (b) A registered nurse, licensed practical nurse, nursing assistant or medication aide - certified who is employed by or contracts to provide nursing services for the physician and who:

             (1) In good faith, reports to the physician, the Board of Medical Examiners, the State Board of Nursing, the Legislature or any committee thereof or any other governmental entity:

                   (I) Any information concerning the willful conduct of another registered nurse, licensed practical nurse, nursing assistant or medication aide - certified which violates any provision of chapter 632 of NRS or which is required to be reported to the State Board of Nursing;

                   (II) Any concerns regarding patients who may be exposed to a substantial risk of harm as a result of the failure of the physician or any agent or employee thereof to comply with minimum professional or accreditation standards or applicable statutory or regulatory requirements; or

                   (III) Any other concerns regarding the physician, the agents and employees thereof or any situation that reasonably could result in harm to patients; or

             (2) Refuses to engage in conduct that would violate the duty of the registered nurse, licensed practical nurse, nursing assistant or medication aide - certified to protect patients from actual or potential harm, including, without limitation, conduct which would violate any provision of chapter 632 of NRS or which would subject the registered nurse, licensed practical nurse, nursing assistant or medication aide - certified to disciplinary action by the State Board of Nursing; or

      (c) An employee of the physician, a person acting on behalf of the employee or a registered nurse, licensed practical nurse, nursing assistant or medication aide - certified who is employed by or contracts to provide nursing services for the physician and who cooperates or otherwise participates in an investigation or proceeding conducted by the Board of Medical Examiners 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 or a registered nurse, licensed practical nurse, nursing assistant or medication aide - certificate who is employed by or contracts to provide nursing services for the physician because the employee, registered nurse, licensed practical nurse, nursing assistant or medication aide - certified 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 or a registered nurse, licensed practical nurse, nursing assistant or medication aide - certified who is employed by or contracts to provide nursing services for the physician to take an action described in subsection 1.

      4.  As used in this section:

      (a) “Good faith” means honesty in fact in the reporting of the information or in the cooperation of the investigation concerned.

      (b) “Retaliate or discriminate”:

             (1) Includes, without limitation, any of the following actions if taken solely because the employee, registered nurse, licensed practical nurse, nursing assistant or medication aide - certified took an action described in subsection 1:

                   (I) Frequent or undesirable changes in the location where the person works;

                   (II) Frequent or undesirable transfers or reassignments;

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

                   (IV) A demotion;

                   (V) A reduction in pay;

                   (VI) The denial of a promotion;

                   (VII) A suspension;

                   (VIII) A dismissal;

                   (IX) A transfer; or

                   (X) Frequent changes in working hours or workdays.

             (2) Does not include an action described in sub-subparagraphs (I) to (X), inclusive, of subparagraph (1) 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; A 2009, 1420; 2011, 1321)

      NRS 630.296  Legal remedy for certain retaliation or discrimination: Filing of action; damages; interest; equitable relief; rebuttable presumption in certain circumstances; civil penalty; limitation of action.

      1.  An employee of a physician or a registered nurse, licensed practical nurse, nursing assistant or medication aide - certified who is employed by or contracts to provide nursing services for the physician and who believes that he or she has been retaliated or discriminated against in violation of NRS 630.293 may file an action in a court of competent jurisdiction.

      2.  If a court determines that a violation of NRS 630.293 has occurred, the court may award such damages as it determines to have resulted from the violation, including, without limitation:

      (a) Compensatory damages;

      (b) Reimbursement of any wages, salary, employment benefits or other compensation denied to or lost by the employee, registered nurse, licensed practical nurse, nursing assistant or medication aide - certified as a result of the violation;

      (c) Attorney’s fees and costs, including, without limitation, fees for expert witnesses; and

      (d) Punitive damages, if the facts warrant.

      3.  The court shall award interest on the amount of damages at a rate determined pursuant to NRS 17.130.

      4.  The court may grant any equitable relief it considers appropriate, including, without limitation, reinstatement of the employee, registered nurse, licensed practical nurse, nursing assistant or medication aide - certified and any temporary, preliminary or permanent injunctive relief.

      5.  If any action to retaliate or discriminate is taken against an employee, registered nurse, licensed practical nurse, nursing assistant or medication aide - certified within 60 days after the employee, registered nurse, licensed practical nurse, nursing assistant or medication aide - certified takes any action described in subsection 1 of NRS 630.293, there is a rebuttable presumption that the action taken against the employee, registered nurse, licensed practical nurse, nursing assistant or medication aide - certified constitutes retaliation or discrimination in violation of NRS 630.293.

      6.  A physician or any agent or employee thereof that violates the provisions of NRS 630.293 is subject to a civil penalty of not more than $10,000 for each violation. The Attorney General or any district attorney of this State may recover the penalty in a civil action brought in the name of the State of Nevada in any court of competent jurisdiction.

      7.  Any action under this section must be brought not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought.

      8.  As used in this section, “retaliate or discriminate” has the meaning ascribed to it in NRS 630.293.

      (Added to NRS by 2002 Special Session, 18; A 2009, 1422; 2011, 1323)

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 or is violating 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; 2009, 2960)

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.  The following acts, among others, constitute 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;

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

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

      (e) Abuse or neglect of a child or 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; 2011, 847)

      NRS 630.304  Misrepresentation in obtaining or renewing 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.  The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:

      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)

      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.

      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 the licensee’s 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)

      NRS 630.306  Inability to practice medicine; deceptive conduct; violation of regulation governing practice of medicine or adopted by State Board of Pharmacy; unlawful distribution of controlled substance; injection of silicone; practice beyond scope of license; practicing experimental medicine without consent of patient or patient’s family; lack of skill or diligence; habitual intoxication or dependency on controlled substances; filing of false report; failure to report certain changes of information or disciplinary or criminal action in another jurisdiction; failure to be found competent after examination; certain operation of a medical facility; prohibited administration of anesthesia or sedation; engaging in unsafe or unprofessional conduct; knowingly procuring or administering certain controlled substances or dangerous drugs; failure to supervise medical assistant adequately.  The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:

      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

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

      3.  Administering, dispensing or prescribing any controlled substance, or any dangerous drug as defined in chapter 454 of NRS, to or for himself or herself 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 or she is not competent to perform or which are beyond the scope of his or her training.

      6.  Performing, without first obtaining the informed consent of the patient or the patient’s 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.  Habitual intoxication from alcohol or dependency on controlled substances.

      9.  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.

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

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

      12.  Failure by a licensee or applicant to report in writing, within 30 days, any criminal action taken or conviction obtained against the licensee or applicant, other than a minor traffic violation, in this State or any other state or by the Federal Government, a branch of the Armed Forces of the United States or any local or federal jurisdiction of a foreign country.

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

      14.  Operation of a medical facility at any time during which:

      (a) The license of the facility is suspended or revoked; or

      (b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This subsection applies to an owner or other principal responsible for the operation of the facility.

      15.  Failure to comply with the requirements of NRS 630.373.

      16.  Engaging in any act that is unsafe or unprofessional conduct in accordance with regulations adopted by the Board.

      17.  Knowingly procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:

      (a) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;

      (b) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328; or

      (c) Is marijuana being used for medical purposes in accordance with chapter 453A of NRS.

      18.  Failure to supervise adequately a medical assistant pursuant to the regulations of the Board.

      (Added to NRS by 1983, 302; A 1985, 2238; 1987, 199, 800, 1554, 1575; 2007, 3046; 2009, 533, 879, 2961, 2962; 2011, 257, 2612)

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

      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 within 30 days after the date the licensee knows or has reason to know of the violation.

      (Added to NRS by 1985, 2223; A 1987, 199; 2001, 767; 2002 Special Session, 19; 2003, 3433; 2009, 2963)

      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

      (c) A provision of this chapter.

      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 or her 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 and sentinel events; 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 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 or her 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 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 State Board of Health for reporting information pursuant to NRS 439.835.

      3.  Each holder of a license to practice medicine shall submit the reports required pursuant to subsections 1 and 2:

      (a) At the time the holder of a license renews his or her license; and

      (b) Whether or not the holder of the license 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 9 of NRS 630.306.

      4.  In addition to the reports required pursuant to subsections 1 and 2, the Board shall require each holder of a license to practice medicine to submit a report to the Board concerning the occurrence of any sentinel event arising from any surgery described in subsection 1 within 14 days after the occurrence of the sentinel event. The report must be submitted in the manner prescribed by the Board.

      5.  The Board shall:

      (a) Collect and maintain reports received pursuant to subsections 1, 2 and 4;

      (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; and

      (c) Submit to the Division of Public and Behavioral Health a copy of the report submitted pursuant to subsection 1. The Division shall maintain the confidentiality of such reports in accordance with subsection 6.

      6.  Except as otherwise provided in NRS 239.0115, a report received pursuant to subsection 1, 2 or 4 is confidential, not subject to subpoena or discovery, and not subject to inspection by the general public.

      7.  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.

      8.  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.

      9.  As used in this section:

      (a) “Conscious sedation” has the meaning ascribed to it in NRS 449.436.

      (b) “Deep sedation” has the meaning ascribed to it in NRS 449.437.

      (c) “General anesthesia” has the meaning ascribed to it in NRS 449.438.

      (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; 2009, 534, 560; 2011, 2860)

      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)

      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.

      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)

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

      1.  Except as otherwise provided in subsection 2, any person may file with the Board a complaint against a physician, perfusionist, physician assistant or practitioner of respiratory care on a form provided by the Board. The form may be submitted in writing or electronically. If a complaint is submitted anonymously, the Board may accept the complaint but may refuse to consider the complaint if the lack of the identity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint.

      2.  Any licensee, medical school or medical facility that becomes aware that a person practicing medicine, perfusion 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.

      3.  Except as otherwise provided in subsection 4, any hospital, clinic or other medical facility licensed in this State, or medical society, shall report to the Board any change in the privileges of a physician, perfusionist, physician assistant or practitioner of respiratory care to practice while the physician, perfusionist, physician assistant or practitioner of respiratory care is under investigation and the outcome of any disciplinary action taken by that facility or society against the physician, perfusionist, physician assistant or practitioner of respiratory care concerning the care of a patient or the competency of the physician, perfusionist, physician assistant or practitioner of respiratory care within 30 days after the change in privileges is made or disciplinary action is taken.

      4.  A hospital, clinic or other medical facility licensed in this State, or medical society, shall report to the Board within 5 days after a change in the privileges of a physician, perfusionist, physician assistant or practitioner of respiratory care to practice that is based on:

      (a) An investigation of the mental, medical or psychological competency of the physician, perfusionist, physician assistant or practitioner of respiratory care; or

      (b) Suspected or alleged substance abuse in any form by the physician, perfusionist, physician assistant or practitioner of respiratory care.

      5.  The Board shall report any failure to comply with subsection 3 or 4 by a hospital, clinic or other medical facility licensed in this State to the Division of Public and Behavioral Health of the Department of Health and Human Services. If, after a hearing, the Division of Public and Behavioral Health 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.

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

      (a) Is mentally ill;

      (b) Is mentally incompetent;

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

      (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.

      7.  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 6.

      8.  The Board shall retain all complaints filed with the Board pursuant to this section for at least 10 years, including, without limitation, any complaints not acted upon.

      (Added to NRS by 1977, 824; A 1985, 2239; 2001, 768; 2002 Special Session, 20; 2009, 880, 2964; 2011, 2862)

      NRS 630.309  Requirements for filing complaint against perfusionist, physician assistant or practitioner of respiratory care.  To institute a disciplinary action against a perfusionist, 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; 2009, 2965)—(Substituted in revision for NRS 630.368)

      NRS 630.311  Review and investigation of complaint by committee designated by Board; formal complaint; proceedings confidential; publication of summary of proceedings and determinations.

      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 not a physician. 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.

      3.  The proceedings of the committee are confidential and are not subject to the requirements of NRS 241.020. Within 20 days after the conclusion of each meeting of the committee, the Board shall publish a summary setting forth the proceedings and determinations of the committee. The summary must not identify any person involved in the complaint that is the subject of the proceedings.

      (Added to NRS by 1977, 824; A 1983, 306; 1985, 2239; 1987, 200; 1993, 2302; 2009, 2966)

      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 or her 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 or her 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 consent to submit to a mental or physical examination or an examination testing his or her competence to practice medicine when ordered to do so in writing by the Board or an investigative committee of 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 the physician.

      (Added to NRS by 1977, 825; A 1985, 2240; 1987, 200; 2003, 3434; 2009, 2966)

      NRS 630.326  Summary suspension of license: Issuance of order; hearing; limitation on time for completing examination.

      1.  If an investigation by the Board regarding a physician, perfusionist, physician assistant or practitioner of respiratory care reasonably determines that the health, safety or welfare of the public or any patient served by the physician, perfusionist, physician assistant or practitioner of respiratory care is at risk of imminent or continued harm, the Board may summarily suspend the license of the physician, perfusionist, physician assistant or practitioner of respiratory care. The order of summary suspension may be issued by the Board, an investigative committee of the Board or the Executive Director of the Board after consultation with the President, Vice President or Secretary-Treasurer of the Board.

      2.  If the Board issues an order summarily suspending the license of a physician, perfusionist, physician assistant or practitioner of respiratory care pursuant to subsection 1, the Board shall hold a hearing regarding the matter not later than 45 days after the date on which the Board issues the order summarily suspending the license unless the Board and the licensee mutually agree to a longer period.

      3.  If the Board issues an order suspending the license of a physician, perfusionist, physician assistant or practitioner of respiratory care pending proceedings for disciplinary action and requires the physician, perfusionist, physician assistant or practitioner of respiratory care to submit to a mental or physical examination or an examination testing his or her competence to practice, 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; 2009, 2966, 2967)

      NRS 630.329  Summary suspension of license: Stay by court of Board’s order prohibited.  If the Board issues an order suspending the license of a physician, perfusionist, physician assistant or practitioner of respiratory care pending proceedings for disciplinary action, including, without limitation, a summary suspension pursuant to NRS 233B.127, the court shall not stay that order.

      (Added to NRS by 1977, 825; A 1985, 2241; 2001, 768; 2009, 881, 2967)

      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, perfusionist, 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, perfusionist, 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, perfusion 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, perfusion or respiratory care; and

      (c) Any communication between:

             (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 formal 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.  The Board shall, to the extent feasible, communicate or cooperate with or provide any documents or other information to any other licensing board or agency or any agency which is investigating a person, 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; 2009, 2968; 2011, 2863; 2013, 2215)

Disciplinary Proceedings

      NRS 630.339  Contents of formal complaint; answer; case conference; procedure for hearing resulting from report of violations of Industrial Insurance Act; formal hearing.

      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 by filing a formal complaint. The formal complaint must include a written statement setting forth the charges alleged and setting forth in concise and plain language each act or omission of the respondent upon which the charges are based. The formal complaint must be prepared with sufficient clarity to ensure that the respondent is able to prepare a defense. The formal complaint must specify any applicable law or regulation that the respondent is alleged to have violated. The formal complaint may be signed by the chair of the investigative committee or the Executive Director of the Board acting in his or her official capacity.

      2.  The respondent shall file an answer to the formal complaint within 20 days after service of the complaint upon the respondent. The answer must state in concise and plain language the respondent’s defenses to each charge set forth in the complaint and must admit or deny the averments stated in the complaint. If a party fails to file an answer within the time prescribed, the party shall be deemed to have denied generally the allegations of the formal complaint.

      3.  Within 20 days after the filing of the answer, the parties shall hold an early case conference at which the parties and the hearing officer appointed by the Board or a member of the Board must preside. At the early case conference, the parties shall in good faith:

      (a) Set the earliest possible hearing date agreeable to the parties and the hearing officer, panel of the Board or the Board, including the estimated duration of the hearing;

      (b) Set dates:

             (1) By which all documents must be exchanged;

             (2) By which all prehearing motions and responses thereto must be filed;

             (3) On which to hold the prehearing conference; and

             (4) For any other foreseeable actions that may be required for the matter;

      (c) Discuss or attempt to resolve all or any portion of the evidentiary or legal issues in the matter;

      (d) Discuss the potential for settlement of the matter on terms agreeable to the parties; and

      (e) Discuss and deliberate any other issues that may facilitate the timely and fair conduct of the matter.

      4.  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 or her, the time and place set for the hearing, and the possible sanctions authorized in NRS 630.352.

      5.  A formal hearing must be held at the time and date set at the early case conference by:

      (a) The Board;

      (b) A hearing officer;

      (c) A member of the Board designated by the Board or an investigative committee of the Board;

      (d) A panel of members of the Board designated by an investigative committee of the Board or the Board;

      (e) A hearing officer together with not more than one member of the Board designated by an investigative committee of the Board or the Board; or

      (f) A hearing officer together with a panel of members of the Board designated by an investigative committee of the Board or the Board. If the hearing is before a panel, at least one member of the panel must not be a physician.

      6.  At any hearing at which at least one member of the Board presides, whether in combination with a hearing officer or other members of the Board, the final determinations regarding credibility, weight of evidence and whether the charges have been proven must be made by the members of the Board. If a hearing officer presides together with one or more members of the Board, the hearing officer shall:

      (a) Conduct the hearing;

      (b) In consultation with each member of the Board, make rulings upon any objections raised at the hearing;

      (c) In consultation with each member of the Board, make rulings concerning any motions made during or after the hearing; and

      (d) Within 30 days after the conclusion of the hearing, prepare and file with the Board written findings of fact and conclusions of law in accordance with the determinations made by each member of the Board.

      (Added to NRS by 1977, 826; A 1983, 306; 1985, 2242; 1987, 202; 1993, 783, 2303; 2009, 2968)

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

      1.  Any licensee against whom the Board initiates disciplinary action pursuant to this chapter shall, within 30 days after the licensee’s receipt of notification of the initiation of the disciplinary action, submit to the Board a complete set of 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 licensee to comply with the requirements of subsection 1 constitutes additional grounds for disciplinary action and the revocation of the license of the licensee.

      3.  The Board has additional grounds for initiating disciplinary action against a licensee if the report from the Federal Bureau of Investigation indicates that the licensee 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; A 2009, 2970)

      NRS 630.344  Service of process.

      1.  Except as otherwise provided in subsection 2, 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 or her 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.  In lieu of the methods of service of process set forth in subsection 1, if the Board obtains written consent from the licensee, service of process under this chapter may be made by electronic mail on a licensee who engages in the practice of medicine as described in subsection 3 of NRS 630.020.

      3.  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; 2013, 2015)

      NRS 630.346  Requirements for proof; burden of 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 the witness was or is incompetent.

      2.  A finding of the Board must be supported by a preponderance of the evidence.

      3.  Proof of actual injury need not be established.

      4.  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, perfusion or respiratory care is conclusive evidence of its occurrence.

      (Added to NRS by 1977, 826; A 1985, 2243; 2001, 770; 2009, 2970; 2011, 2864)

      NRS 630.352  Disposition of charges: Adjudication by Board; dismissal of charges or required disciplinary action for violations; private reprimands prohibited; issuance of order imposing discipline; orders imposing discipline deemed public records.

      1.  Any member of the Board, other than a member of an investigative committee of the Board who participated in any determination regarding a formal complaint in the matter or any member serving on a panel of the Board at the hearing of the matter, may participate in an adjudication to obtain the final order of the Board. At the adjudication, the Board shall consider any findings of fact and conclusions of law submitted after the hearing and shall allow:

      (a) Counsel for the Board to present a disciplinary recommendation and argument in support of the disciplinary recommendation;

      (b) The respondent or counsel of the respondent to present a disciplinary recommendation and argument in support of the disciplinary recommendation; and

      (c) The complainant in the matter to make a statement to the Board regarding the disciplinary recommendations by the parties and to address the effect of the respondent’s conduct upon the complainant or the patient involved, if other than the complainant.

Ê The Board may limit the time within which the parties and the complainant may make their arguments and statements.

      2.  At the conclusion of the presentations of the parties and the complainant, the Board shall deliberate and may by a majority vote impose discipline based upon the findings of fact and conclusions of law and the presentations of the parties and the complainant.

      3.  If, in the findings of fact and conclusions of law, the Board, hearing officer or panel of the Board determines that no violation has occurred, the Board shall dismiss the charges, in writing, and notify the respondent that the charges have been dismissed.

      4.  Except as otherwise provided in subsection 5, 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 a written public reprimand to the person;

      (c) Limit the person’s practice or exclude one or more specified branches of medicine from his or her practice;

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

      (e) Revoke the person’s license;

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

      (g) Require supervision of the person’s practice;

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

      (i) Require the person to perform community service without compensation;

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

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

      5.  If the Board finds that the respondent has violated the provisions of NRS 439B.425, the Board shall suspend the respondent’s license for a specified period or until further order of the Board.

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

      7.  Within 30 days after the hearing before the Board, the Board shall issue a final order, certified by the Secretary-Treasurer of the Board, that imposes discipline and incorporates the findings of fact and conclusions of law obtained from the hearing. 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; 2009, 2971)

      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 or herself 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;

      (c) Refuses to be examined; or

      (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 or she 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 or herself 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 4 or 5 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; 2009, 2972)

      NRS 630.358  Restoration of license.

      1.  Any person:

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

      (b) Whose license to practice medicine, perfusion 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 the 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 or her competence to practice medicine, perfusion or respiratory care by physicians, perfusionists 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

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

      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, perfusion 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 the applicant had never been licensed under this chapter.

      (Added to NRS by 1977, 827; A 1985, 2244; 2001, 771; 2009, 2972)

Miscellaneous Provisions

      NRS 630.364  Immunity from civil action; Board prohibited from taking certain action against physician for disclosing violations to governmental entity or cooperating in related investigation, hearing or inquiry.

      1.  Any person or organization who furnishes information concerning an applicant for a license or a licensee in good faith 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 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.  The Board shall not commence an investigation, impose any disciplinary action or take any other adverse action against a physician for:

      (a) Disclosing to a governmental entity a violation of any law, rule or regulation by an applicant for a license to practice medicine or by a physician; or

      (b) Cooperating with a governmental entity that is conducting an investigation, hearing or inquiry into such a violation, including, without limitation, providing testimony concerning the violation.

      4.  As used in this section:

      (a) “Diversion program” means a program approved by the Board to correct a licensee’s alcohol or drug dependence or any other impairment.

      (b) “Governmental entity” includes, without limitation:

             (1) A federal, state or local officer, employee, agency, department, division, bureau, board, commission, council, authority or other subdivision or entity of a public employer;

             (2) A federal, state or local employee, committee, member or commission of the Legislative Branch of Government;

             (3) A federal, state or local representative, member or employee of a legislative body or a county, town, village or any other political subdivision or civil division of the State;

             (4) A federal, state or local law enforcement agency or prosecutorial office, or any member or employee thereof, or police or peace officer; and

             (5) A federal, state or local judiciary, or any member or employee thereof, or grand or petit jury.

      (Added to NRS by 1977, 619, 827; A 1981, 590; 1985, 2012, 2245; 1989, 425; 2002 Special Session, 21; 2007, 3047; 2009, 1423)

      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.

      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)

      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 42 U.S.C. § 666, 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.]

      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 perfusionist, 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 perfusionist, 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; 2009, 2973, effective until 2 years after the date of the repeal of 42 U.S.C. § 666. 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 630.3675  Suspension of license for conviction of felony relating to license holder’s practice.  If the holder of a license that is issued or renewed pursuant to this chapter is convicted of a felony for a violation of any federal or state law or regulation relating to the holder’s practice, the conviction operates as an immediate suspension of the license.

      (Added to NRS by 2009, 2945)

      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)

      NRS 630.373  Administration of anesthesia or sedation.

      1.  A physician shall not administer or supervise directly the administration of general anesthesia, conscious sedation or deep sedation to patients unless the general anesthesia, conscious sedation or deep sedation is administered:

      (a) In an office of a physician or osteopathic physician which holds a permit pursuant to NRS 449.435 to 449.448, inclusive;

      (b) In a facility which holds a permit pursuant to NRS 449.435 to 449.448, inclusive;

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

      (d) Outside of this State.

      2.  As used in this section:

      (a) “Conscious sedation” has the meaning ascribed to it in NRS 449.436.

      (b) “Deep sedation” has the meaning ascribed to it in NRS 449.437.

      (c) “General anesthesia” has the meaning ascribed to it in NRS 449.438.

      (Added to NRS by 2009, 533)

      NRS 630.374  Physician authorized to issue order for public or private school to obtain and maintain auto-injectable epinephrine at school; definitions.

      1.  A physician may issue to a public or private school an order to allow the school to obtain and maintain auto-injectable epinephrine at the school, regardless of whether any person at the school has been diagnosed with a condition which may cause the person to require such medication for the treatment of anaphylaxis.

      2.  An order issued pursuant to subsection 1 must contain:

      (a) The name and signature of the physician and the address of the physician if not immediately available to the pharmacist;

      (b) The classification of his or her license;

      (c) The name of the public or private school to which the order is issued;

      (d) The name, strength and quantity of the drug authorized to be obtained and maintained by the order; and

      (e) The date of issue.

      3.  A physician is not subject to disciplinary action solely for issuing a valid order pursuant to subsection 1 to an entity other than a natural person and without knowledge of a specific natural person who requires the medication.

      4.  As used in this section:

      (a) “Private school” has the meaning ascribed to it in NRS 394.103.

      (b) “Public school” has the meaning ascribed to it in NRS 385.007.

      (Added to NRS by 2013, 1226)

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 the ophthalmologist.

      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, perfusion or respiratory care;

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

      (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; or

      (e) To enjoin the use of the title “L.P.,” “T.L.P.,” “licensed perfusionist,” “temporarily licensed perfusionist” or any other word, combination of letters or other designation intended to imply or designate a person as a perfusionist, 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, perfusion or respiratory care without a license; and

      (c) Pending proceedings for disciplinary action by the Board.

      (Added to NRS by 1977, 825; A 1985, 2241; 1987, 201; 2001, 768; 2003, 3435; 2009, 2973)—(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, perfusion or respiratory care without a license, it is sufficient to allege that the person did, upon a certain day, and in a certain county of this State, engage in the practice of medicine, perfusion 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; 2009, 2974)

UNLAWFUL ACTS; PENALTIES

      NRS 630.395  Inspection of premises by Board.  Any member or agent of the Board may enter any premises in this State where a person who holds a license issued pursuant to the provisions of this chapter practices medicine, perfusion or respiratory care and inspect it to determine whether a violation of any provision of this chapter has occurred, including, without limitation, an inspection to determine whether any person at the premises is practicing medicine, perfusion or respiratory care without the appropriate license issued pursuant to the provisions of this chapter.

      (Added to NRS by 2013, 2215)

      NRS 630.397  Practicing or offering to practice without license; reporting requirements of Board.  Unless the Board determines that extenuating circumstances exist, the Board shall forward to the appropriate law enforcement agency any substantiated information submitted to the Board concerning a person who practices or offers to practice medicine, perfusion or respiratory care without the appropriate license issued pursuant to the provisions of this chapter.

      (Added to NRS by 2013, 2215)

      NRS 630.400  Penalty for certain violations.

      1.  It is unlawful for any person to:

      (a) Present to the Board as his or her own the diploma, license or credentials of another;

      (b) Give either false or forged evidence of any kind to the Board;

      (c) Practice medicine, perfusion or respiratory care under a false or assumed name or falsely personate another licensee;

      (d) Except as otherwise provided by a specific statute, practice medicine, perfusion or respiratory care without being licensed under this chapter;

      (e) Hold himself or herself out as a perfusionist or use any other term indicating or implying that he or she is a perfusionist without being licensed by the Board;

      (f) Hold himself or herself out as a physician assistant or use any other term indicating or implying that he or she is a physician assistant without being licensed by the Board; or

      (g) Hold himself or herself out as a practitioner of respiratory care or use any other term indicating or implying that he or she is a practitioner of respiratory care without being licensed by the Board.

      2.  Unless a greater penalty is provided pursuant to NRS 200.830 or 200.840, a person who violates any provision of subsection 1:

      (a) If no substantial bodily harm results, is guilty of a category D felony; or

      (b) If substantial bodily harm results, is guilty of a category C felony,

Ê and shall be punished as provided in NRS 193.130.

      3.  In addition to any other penalty prescribed by law, if the Board determines that a person has committed any act described in subsection 1, the Board may:

      (a) Issue and serve on the person an order to cease and desist until the person obtains from the Board the proper license or otherwise demonstrates that he or she is no longer in violation of subsection 1. An order to cease and desist must include a telephone number with which the person may contact the Board.

      (b) Issue a citation to the person. A citation issued pursuant to this paragraph must be in writing, describe with particularity the nature of the violation and inform the person of the provisions of this paragraph. Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued. To appeal a citation, the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation.

      (c) Assess against the person an administrative fine of not more than $5,000.

      (d) Impose any combination of the penalties set forth in paragraphs (a), (b) and (c).

      [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; 2009, 2974; 2013, 994, 2216, 3680)

      NRS 630.405  Penalty for failure to make records concerning health care available for inspection or copying.  Repealed. (See chapter 499, Statutes of Nevada 2013, at page 3181.)

 

      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)