USA Statutes : nevada
Title : Title 54 - PROFESSIONS, OCCUPATIONS AND BUSINESSES
Chapter : CHAPTER 630 - PHYSICIANS, PHYSICIAN ASSISTANTS AND PRACTITIONERS OF RESPIRATORY CARE
1. The Legislature finds and declares that:
(a) It is among the responsibilities of State Government to ensure,
as far as possible, that only competent persons practice medicine and
respiratory care within this State;
(b) For the protection and benefit of the public, the Legislature
delegates to the Board of Medical Examiners the power and duty to
determine the initial and continuing competence of physicians, physician
assistants and practitioners of respiratory care who are subject to the
provisions of this chapter;
(c) The Board must exercise its regulatory power to ensure that the
interests of the medical profession do not outweigh the interests of the
public;
(d) The Board must ensure that unfit physicians, physician
assistants and practitioners of respiratory care are removed from the
medical profession so that they will not cause harm to the public; and
(e) The Board must encourage and allow for public input into its
regulatory activities to further improve the quality of medical practice
within this State.
2. The powers conferred upon the Board by this chapter must be
liberally construed to carry out these purposes for the protection and
benefit of the public.
(Added to NRS by 1975, 411; A 1977, 820; 1985, 2224; 1987, 729;
2001, 759 ; 2003, 3430 )
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 630.007
to 630.025 , inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 1975, 412; A 1983, 302; 1985, 2224; 2001, 760
; 2003, 1886 )
“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 )
“Board” means the Board of Medical
Examiners.
[Part 2:169:1949; 1943 NCL § 4107.02]—(NRS A 1975, 414; 1985, 2224)
“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)
“Medical facility” has
the meaning ascribed to it in NRS 449.0151 .
(Added to NRS by 1985, 2221)
“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)
“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
)
“Practice of
medicine” means:
1. To diagnose, treat, correct, prevent or prescribe for any human
disease, ailment, injury, infirmity, deformity or other condition,
physical or mental, by any means or instrumentality.
2. To apply principles or techniques of medical science in the
diagnosis or the prevention of any such conditions.
3. To perform any of the acts described in subsections 1 and 2 by
using equipment that transfers information concerning the medical
condition of the patient electronically, telephonically or by fiber
optics.
4. To offer, undertake, attempt to do or hold oneself out as able
to do any of the acts described in subsections 1 and 2.
[Part 17:169:1949; 1943 NCL § 4107.17]—(NRS A 1973, 504; 1975, 415;
1985, 1036, 2225; 1995, 1734; 2003, 438 , 1886 , 3430 )
“Practice of
respiratory care” includes:
1. Therapeutic and diagnostic use of medical gases, humidity and
aerosols and the maintenance of associated apparatus;
2. The administration of drugs and medications to the
cardiopulmonary system;
3. The provision of ventilatory assistance and control;
4. Postural drainage and percussion, breathing exercises and other
respiratory rehabilitation procedures;
5. Cardiopulmonary resuscitation and maintenance of natural
airways and the insertion and maintenance of artificial airways;
6. Carrying out the written orders of a physician, physician
assistant, certified registered nurse anesthetist or an advanced
practitioner of nursing relating to respiratory care;
7. Techniques for testing to assist in diagnosis, monitoring,
treatment and research related to respiratory care, including the
measurement of ventilatory volumes, pressures and flows, collection of
blood and other specimens, testing of pulmonary functions and hemodynamic
and other related physiological monitoring of the cardiopulmonary system;
and
8. Training relating to the practice of respiratory care.
(Added to NRS by 2001, 758 )
“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 )
“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 )
“Supervising
physician” means an active physician licensed in the State of Nevada who
employs and supervises a physician assistant.
(Added to NRS by 1973, 504; A 1975, 415; 1997, 680; 2001, 760
)
1. The purpose of licensing physicians, physician assistants and
practitioners of respiratory care is to protect the public health and
safety and the general welfare of the people of this State.
2. Any license issued pursuant to this chapter is a revocable
privilege, but the Board may revoke such a license only in accordance
with the provisions of NRS 630.348 .
(Added to NRS by 1975, 413; A 2001, 760 ; 2003, 3430 )
1. This chapter does not apply to:
(a) A medical officer or practitioner of respiratory care of the
armed services or a medical officer or practitioner of respiratory care
of any division or department of the United States in the discharge of
his official duties;
(b) Physicians who are called into this State, other than on a
regular basis, for consultation with or assistance to a physician
licensed in this State, and who are legally qualified to practice in the
state where they reside;
(c) Physicians who are legally qualified to practice in the state
where they reside and come into this State on an irregular basis to:
(1) Obtain medical training approved by the Board from a
physician who is licensed in this State; or
(2) Provide medical instruction or training approved by the
Board to physicians licensed in this State;
(d) Any person permitted to practice any other healing art under
this title who does so within the scope of that authority, or healing by
faith or Christian Science;
(e) The practice of respiratory care by a student as part of a
program of study in respiratory care that is approved by the Board, or is
recognized by a national organization which is approved by the Board to
review such programs, if the student is enrolled in the program and
provides respiratory care only under the supervision of a practitioner of
respiratory care;
(f) The practice of respiratory care by a student who:
(1) Is enrolled in a clinical program of study in
respiratory care which has been approved by the Board;
(2) Is employed by a medical facility, as defined in NRS
449.0151 ; and
(3) Provides respiratory care to patients who are not in a
critical medical condition or, in an emergency, to patients who are in a
critical medical condition and a practitioner of respiratory care is not
immediately available to provide that care and the student is directed by
a physician to provide respiratory care under his supervision until a
practitioner of respiratory care is available;
(g) The practice of respiratory care by a person on himself or
gratuitous respiratory care provided to a friend or a member of a
person’s family if the provider of the care does not represent himself as
a practitioner of respiratory care;
(h) A cardiopulmonary perfusionist who is under the supervision of
a surgeon or an anesthesiologist;
(i) A person who is employed by a physician and provides
respiratory care under the supervision of that physician;
(j) The maintenance of medical equipment for respiratory care that
is not attached to a patient; and
(k) A person who installs medical equipment for respiratory care
that is used in the home and gives instructions regarding the use of that
equipment if the person is trained to provide such services and is
supervised by a provider of health care who is acting within the
authorized scope of his practice.
2. This chapter does not repeal or affect any statute of Nevada
regulating or affecting any other healing art.
3. This chapter does not prohibit:
(a) Gratuitous services outside of a medical school or medical
facility by a person who is not a physician, physician assistant or
practitioner of respiratory care in cases of emergency.
(b) The domestic administration of family remedies.
[Part 1:169:1949; 1943 NCL § 4107.01] + [Part 17:169:1949; 1943 NCL
§ 4107.17]—(NRS A 1969, 905; 1973, 518; 1977, 964; 1985, 2225; 1987, 192;
2001, 760 )
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
1. The Board of Medical Examiners consists of nine members
appointed by the Governor.
2. No person may be appointed as a member of the Board to serve
for more than two consecutive full terms, but he may be reappointed after
the lapse of 4 years.
[Part 2:169:1949; 1943 NCL § 4107.02]—(NRS A 1977, 307; 1985, 2225)
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 )
1. After the initial terms, the term of office of each member of
the Board is 4 years. If a person is appointed to fill the unexpired term
of a member which is more than 2 years, he shall be deemed to have served
a full term.
2. A member of the Board may be removed by the Governor for good
cause, and the Governor shall appoint a person qualified under this
chapter to replace the member for the remainder of the unexpired term.
[Part 2:169:1949; 1943 NCL § 4107.02]—(NRS A 1973, 506; 1977, 308;
1981, 69; 1985, 2226)
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)
Before entering upon
the duties of his office, each member of the Board shall take:
1. The constitutional oath or affirmation of office; and
2. An oath or affirmation that he is legally qualified to serve on
the Board.
[Part 3:169:1949; 1943 NCL § 4107.03]—(NRS A 1973, 506; 1977, 308;
1985, 2226)
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)
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 )
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 )
1. The Board may employ hearing officers, experts, administrators,
attorneys, investigators, consultants and clerical personnel necessary to
the discharge of its duties.
2. Each employee of the Board is an at-will employee who serves at
the pleasure of the Board. The Board may discharge an employee of the
Board for any reason that does not violate public policy, including,
without limitation, making a false representation to the Board.
3. A hearing officer employed by the Board shall not act in any
other capacity for the Board or occupy any other position of employment
with the Board, and the Board shall not assign the hearing officer any
duties which are unrelated to the duties of a hearing officer.
4. If a person resigns his position as a hearing officer or the
Board terminates the person from his position as a hearing officer, the
Board may not rehire the person in any position of employment with the
Board for a period of 2 years following the date of the resignation or
termination. The provisions of this subsection do not give a person any
right to be rehired by the Board and do not permit the Board to rehire a
person who is prohibited from being employed by the Board pursuant to any
other provision of law.
(Added to NRS by 2003, 3426 )
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 $80 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
)
1. The Board shall procure a seal.
2. All licenses issued to physicians, physician assistants and
practitioners of respiratory care must bear the seal of the Board and the
signatures of its President and Secretary-Treasurer.
[Part 5:169:1949; 1943 NCL § 4107.05]—(NRS A 1985, 2227; 1987, 192;
1997, 680; 2001, 761 )
The Board shall operate on the basis of
a fiscal year commencing on July 1 and terminating on June 30.
(Added to NRS by 1963, 149)
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 )
1. In addition to any other audits required of the Board by law,
the Legislative Commission shall issue to the Federation of State Medical
Boards of the United States, Inc., a request for proposal to conduct
regular performance audits of the Board. After considering the response
to the request for proposal, if the Legislative Commission finds that the
Federation of State Medical Boards of the United States, Inc., has the
ability to conduct fair and impartial performance audits of the Board,
the Legislative Commission shall engage the services of the Federation of
State Medical Boards of the United States, Inc., to conduct regular
performance audits of the Board. If the Legislative Commission finds that
the Federation of State Medical Boards of the United States, Inc., does
not have the ability to conduct fair and impartial performance audits of
the Board or is otherwise unable to conduct such performance audits, the
Legislative Commission shall direct the Audit Division of the Legislative
Counsel Bureau to conduct regular performance audits of the Board.
2. The initial performance audit of the Board must be commenced
before October 1, 2003. After the initial performance audit is completed,
additional performance audits must be conducted:
(a) Once every 8 years, for the preceding 8-year period; or
(b) Whenever ordered by the Legislative Commission, for the period
since the last performance audit was conducted pursuant to this section.
3. A written report of the results of the initial performance
audit must be submitted to the Secretary of the Legislative Commission
not later than 60 days after the date that the initial performance audit
is commenced. A written report of the results of each subsequent
performance audit must be submitted to the Secretary of the Legislative
Commission as soon as practicable after the date that the performance
audit is commenced.
4. Upon receipt of the written report of the results of each
performance audit, the Secretary of the Legislative Commission shall:
(a) Distribute the report to the members of the Legislative
Commission and to any other Legislator who requests a copy of the report;
and
(b) Not later than 30 days after receipt of the report, make the
report available to the public.
5. The Board shall pay all costs related to each performance audit
conducted pursuant to this section.
6. Any person who conducts a performance audit pursuant to this
section:
(a) Is directly responsible to the Legislative Commission;
(b) Must be sufficiently qualified to conduct the performance
audit; and
(c) Must never have conducted an audit of the Board pursuant to NRS
218.825 or have been affiliated, in any
way, with a person who has conducted an audit of the Board pursuant to
NRS 218.825 .
7. Each performance audit conducted pursuant to this section must
include, without limitation, a comprehensive review and evaluation of:
(a) The methodology and efficiency of the Board in responding to
complaints filed by the public against a licensee;
(b) The methodology and efficiency of the Board in responding to
complaints filed by a licensee against another licensee;
(c) The methodology and efficiency of the Board in conducting
investigations of licensees who have had two or more malpractice claims
filed against them within a period of 12 months;
(d) The methodology and efficiency of the Board in conducting
investigations of licensees who have been subject to one or more peer
review actions at a medical facility that resulted in the licensee losing
his professional privileges at the medical facility for more than 30 days
within a period of 12 months;
(e) The methodology and efficiency of the Board in taking
preventative steps or progressive actions to remedy or deter any
unprofessional conduct by a licensee before such conduct results in a
violation under this chapter that warrants disciplinary action; and
(f) The managerial and administrative efficiency of the Board in
using the fees that it collects pursuant to this chapter.
(Added to NRS by 2003, 3428 )
General Powers and Duties
1. In addition to the other powers and duties provided in this
chapter, the Board shall, in the interest of the public, judiciously:
(a) Enforce the provisions of this chapter;
(b) Establish by regulation standards for licensure under this
chapter;
(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; and
(b) Information reported to the Board during the previous biennium
pursuant to NRS 630.30665 , 630.3067
, 630.3068 , subsections 2 and 3 of NRS 630.307 and NRS 690B.250 and 690B.260 .
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 )
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)
1. Notwithstanding any other provision of law and except as
otherwise provided in this section, the Board shall not adopt any
regulations that prohibit or have the effect of prohibiting a physician,
physician assistant or practitioner of respiratory care from
collaborating or consulting with another provider of health care.
2. The provisions of this section do not prevent the Board from
adopting regulations that prohibit a physician, physician assistant or
practitioner of respiratory care from aiding or abetting another person
in the unlicensed practice of medicine or the unlicensed practice of
respiratory care.
3. As used in this section, “provider of health care” has the
meaning ascribed to it in NRS 629.031 .
(Added to NRS by 2003, 3427 )
1. The Board may hold hearings and conduct investigations
pertaining to its duties imposed under this chapter and take evidence on
any such matter under inquiry before the Board. For the purposes of this
chapter:
(a) Any member of the Board or other person authorized by law may
administer oaths; and
(b) The Secretary-Treasurer or President of the Board or a hearing
officer or the presiding member of a committee investigating a complaint
may issue subpoenas to compel the attendance of witnesses and the
production of books, X rays and medical records and other papers. The
Secretary-Treasurer, President or other officer of the Board acting on
its behalf must sign the subpoena.
2. If any person fails to comply with the subpoena within 10 days
after its issuance, the Secretary-Treasurer or President of the Board may
petition the district court for an order of the court compelling
compliance with the subpoena.
3. Upon such a petition, the court shall enter an order directing
the person subpoenaed to appear before the court at a time and place to
be fixed by the court in its order, the time to be not more than 10 days
after the date of the order, and then and there show cause why he has not
complied with the subpoena. A certified copy of the order must be served
upon the person subpoenaed.
4. If it appears to the court that the subpoena was regularly
issued by the Board, the court shall enter an order compelling compliance
with the subpoena, and upon failure to obey the order the person shall be
dealt with as for contempt of court.
[Part 5:169:1949; 1943 NCL § 4107.05] + [Part 16:169:1949; 1943 NCL
§ 4107.16] + [Part 22:169:1949; 1943 NCL § 4107.22]—(NRS A 1973, 507;
1975, 416; 1977, 823; 1983, 302; 1985, 2228; 1987, 192)
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 )
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
1. Every person desiring to practice medicine must, before
beginning to practice, procure from the Board a license authorizing him
to practice.
2. Except as otherwise provided in NRS 630.1605 , 630.161
and 630.258 to 630.265 , inclusive, a license may be issued to any
person who:
(a) Is a citizen of the United States or is lawfully entitled to
remain and work in the United States;
(b) Has received the degree of doctor of medicine from a medical
school:
(1) Approved by the Liaison Committee on Medical Education
of the American Medical Association and Association of American Medical
Colleges; or
(2) Which provides a course of professional instruction
equivalent to that provided in medical schools in the United States
approved by the Liaison Committee on Medical Education;
(c) Is currently certified by a specialty board of the American
Board of Medical Specialties and who agrees to maintain such
certification for the duration of his licensure, or has passed:
(1) All parts of the examination given by the National Board
of Medical Examiners;
(2) All parts of the Federation Licensing Examination;
(3) All parts of the United States Medical Licensing
Examination;
(4) All parts of a licensing examination given by any state
or territory of the United States, if the applicant is certified by a
specialty board of the American Board of Medical Specialties;
(5) All parts of the examination to become a licentiate of
the Medical Council of Canada; or
(6) Any combination of the examinations specified in
subparagraphs (1), (2) and (3) that the Board determines to be sufficient;
(d) Is currently certified by a specialty board of the American
Board of Medical Specialties in the specialty of emergency medicine,
preventive medicine or family practice and who agrees to maintain
certification in at least one of these specialties for the duration of
his licensure, or:
(1) Has completed 36 months of progressive postgraduate:
(I) Education as a resident in the United States or
Canada in a program approved by the Board, the Accreditation Council for
Graduate Medical Education or the Coordinating Council of Medical
Education of the Canadian Medical Association; or
(II) Fellowship training in the United States or
Canada approved by the Board or the Accreditation Council for Graduate
Medical Education; or
(2) Has completed at least 36 months of postgraduate
education, not less than 24 months of such postgraduate education must be
as a resident after receiving a medical degree from a combined dental and
medical degree program approved by the Board; and
(e) Passes a written or oral examination, or both, as to his
qualifications to practice medicine and provides the Board with a
description of the clinical program completed demonstrating that the
applicant’s clinical training met the requirements of paragraph (b).
[Part 8:169:1949; A 1953, 662; 1955, 103]—(NRS A 1969, 211; 1971,
220; 1973, 508; 1977, 1564; 1985, 2229; 1987, 193, 1673; 1989, 416; 1991,
1068, 1884, 1887; 1993, 2298; 1997, 680; 2001, 761 ; 2003, 437 , 1886 )
Except as otherwise provided in NRS 630.161 , the Board may issue a license by endorsement
to practice medicine to an applicant who has been issued a license to
practice medicine by the District of Columbia or any state or territory
of the United States if:
1. At the time the applicant files his application with the Board,
the license is in effect;
2. The applicant:
(a) Submits to the Board proof of passage of an examination
approved by the Board;
(b) Submits to the Board any documentation and other proof of
qualifications required by the Board;
(c) Meets all of the statutory requirements for licensure to
practice medicine in effect at the time of application except for the
requirements set forth in NRS 630.160 ;
and
(d) Completes any additional requirements relating to the fitness
of the applicant to practice required by the Board; and
3. Any documentation and other proof of qualifications required by
the Board is authenticated in a manner approved by the Board.
(Added to NRS by 2003, 1886 )
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)
1. Except as otherwise provided in subsection 2, an applicant for
a license to practice medicine must submit to the Board, on a form
provided by the Board, an application in writing, accompanied by an
affidavit stating that:
(a) The applicant is the person named in the proof of graduation
and that it was obtained without fraud or misrepresentation or any
mistake of which the applicant is aware; and
(b) The information contained in the application and any
accompanying material is complete and correct.
2. An applicant for a license by endorsement to practice medicine
pursuant to NRS 630.1605 must submit
to the Board, on a form provided by the Board, an application in writing,
accompanied by an affidavit stating that:
(a) The applicant is the person named in the license to practice
medicine issued by the District of Columbia or any state or territory of
the United States and that the license was obtained without fraud or
misrepresentation or any mistake of which the applicant is aware; and
(b) The information contained in the application and any
accompanying material is complete and correct.
3. An application submitted pursuant to subsection 1 or 2 must
include all information required to complete the application.
4. In addition to the other requirements for licensure, the Board
may require such further evidence of the mental, physical, medical or
other qualifications of the applicant as it considers necessary.
5. The applicant bears the burden of proving and documenting his
qualifications for licensure.
(Added to NRS by 1985, 2221; A 1987, 194; 1997, 681, 2120; 1999,
520 ; 2003, 1888 ; 2005, 2713 , 2807 )
In addition to any
other requirements set forth in this chapter, each applicant for a
license to practice medicine shall submit to the Board a complete set of
his fingerprints and written permission authorizing the Board to forward
the fingerprints to the Central Repository for Nevada Records of Criminal
History for submission to the Federal Bureau of Investigation for its
report.
(Added to NRS by 2005, 2522 )
In addition to the other requirements for
licensure, an applicant for a license to practice medicine who is a
graduate of a medical school located in the United States or Canada shall
submit to the Board proof that he has received the degree of doctor of
medicine from a medical school which, at the time of graduation, was
accredited by the Liaison Committee on Medical Education or the Committee
for the Accreditation of Canadian Medical Schools.
[Part 8:169:1949; A 1953, 662; 1955, 103]—(NRS A 1969, 211; 1973,
508; 1983, 303; 1985, 2229)
Except as otherwise provided in NRS
630.263 , in addition to the other
requirements for licensure, an applicant for a license to practice
medicine shall cause to be submitted to the Board a certificate of
completion of progressive postgraduate training from the residency
program where the applicant received training.
(Added to NRS by 2003, 3427 ; A 2003, 20th Special Session, 264 )
1. In addition to the other requirements for licensure, an
applicant for a license to practice medicine shall submit to the Board
information describing:
(a) Any claims made against the applicant for malpractice, whether
or not a civil action was filed concerning the claim;
(b) Any complaints filed against the applicant with a licensing
board of another state and any disciplinary action taken against the
applicant by a licensing board of another state; and
(c) Any complaints filed against the applicant with a hospital,
clinic or medical facility or any disciplinary action taken against the
applicant by a hospital, clinic or medical facility.
2. The Board shall not issue a license to the applicant until it
has received all the information required by this section.
(Added to NRS by 2003, 3427 )
An applicant for a license or a licensee shall report to
the Board within 30 days any fact which would render any statement made
to the Board by the applicant or licensee false, misleading, inaccurate
or incomplete.
(Added to NRS by 1985, 2222)
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)
In addition to the
other requirements for licensure, an applicant for a license to practice
medicine who is a graduate of a foreign medical school shall submit to
the Board proof that he has received:
1. The degree of doctor of medicine or its equivalent, as
determined by the Board; and
2. The standard certificate of the Educational Commission for
Foreign Medical Graduates or a written statement from that Commission
that he passed the examination given by it.
(Added to NRS by 1969, 214; A 1973, 509; 1975, 960; 1977, 1564;
1983, 304; 1985, 2230)
[Effective until the date of the repeal of the federal law requiring each
state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings.]
1. In addition to any other requirements set forth in this chapter:
(a) An applicant for the issuance of a license to practice
medicine, to practice as a physician assistant or to practice as a
practitioner of respiratory care shall include the social security number
of the applicant in the application submitted to the Board.
(b) An applicant for the issuance or renewal of a license to
practice medicine, to practice as a physician assistant or to practice as
a practitioner of respiratory care shall submit to the Board the
statement prescribed by the Division of Welfare and Supportive Services
of the Department of Health and Human Services pursuant to NRS 425.520
. The statement must be completed and
signed by the applicant.
2. The Board shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the license; or
(b) A separate form prescribed by the Board.
3. A license to practice medicine, to practice as a physician
assistant or to practice as a practitioner of respiratory care may not be
issued or renewed by the Board if the applicant:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Board shall
advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 1997, 2119; A 1999, 520 ; 2001, 763 ; 2005, 2713 , 2807 )
[Effective on the date of the repeal of the federal law requiring each
state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings and expires by limitation 2
years after that date.]
1. In addition to any other requirements set forth in this
chapter, an applicant for the issuance or renewal of a license to
practice medicine, to practice as a physician assistant or to practice as
a practitioner of respiratory care shall submit to the Board the
statement prescribed by the Division of Welfare and Supportive Services
of the Department of Health and Human Services pursuant to NRS 425.520
. The statement must be completed and
signed by the applicant.
2. The Board shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the license; or
(b) A separate form prescribed by the Board.
3. A license to practice medicine, to practice as a physician
assistant or to practice as a practitioner of respiratory care may not be
issued or renewed by the Board if the applicant:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Board shall
advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 1997, 2119; A 1999, 520 ; 2001, 763 ; 2005, 2713 , 2714 , 2807 , 2810 , effective on the date of the repeal of
the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings)
1. The Board may deny an application for a license to practice
medicine for any violation of the provisions of this chapter or
regulations of the Board.
2. The Board shall notify an applicant of any deficiency which
prevents any further action on the application or results in the denial
of the application. The applicant may respond in writing to the Board
concerning any deficiency and, if he does so, the Board shall respond in
writing to the contentions of the applicant.
3. Any unsuccessful applicant may appeal to the district court to
review the action of the Board, if he files his appeal within 90 days
from the date of the rejection of his application by the Board. Upon
appeal the applicant has the burden to show that the action of the Board
is erroneous or unlawful.
[12:169:1949; 1943 NCL § 4107.12]—(NRS A 1973, 510; 1985, 2231)
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)
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)
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. 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 )
1. Each licensee shall maintain a permanent mailing address with
the Board to which all communications from the Board to the licensee must
be sent. A licensee who changes his permanent mailing address shall
notify the Board of his new permanent mailing address within 30 days
after the change. If a licensee fails to notify the Board of a change in
his permanent mailing address within 30 days after the change, the Board:
(a) Shall impose upon the licensee a fine not to exceed $100; and
(b) May initiate disciplinary action against the licensee as
provided pursuant to subsection 9 of NRS 630.306 .
2. Any licensee who changes the location of his office in this
State shall notify the Board of the change before practicing at the new
location.
3. Any licensee who closes his office in this State shall:
(a) Notify the Board of this occurrence within 14 days after the
closure; and
(b) For a period of 5 years thereafter keep the Board apprised of
the location of the medical records of his patients.
(Added to NRS by 1985, 2222; A 1987, 194; 1993, 2299; 2005, 2514
)
1. Any licensee who changes the location of his practice of
medicine from this State to another state or country, has never engaged
in the practice of medicine in this State after licensure or has ceased
to engage in the practice of medicine in this State for 12 consecutive
months may be placed on inactive status by order of the Board.
2. Each inactive registrant shall maintain a permanent mailing
address with the Board to which all communications from the Board to the
registrant must be sent. An inactive registrant who changes his permanent
mailing address shall notify the Board of his new permanent mailing
address within 30 days after the change. If an inactive registrant fails
to notify the Board of a change in his permanent mailing address within
30 days after the change, the Board shall impose upon the registrant a
fine not to exceed $100.
3. Before resuming the practice of medicine in this State, the
inactive registrant must:
(a) Notify the Board of his intent to resume the practice of
medicine in this State;
(b) File an affidavit with the Board describing his activities
during the period of his inactive status;
(c) Complete the form for registration for active status;
(d) Pay the applicable fee for biennial registration; and
(e) Satisfy the Board of his competence to practice medicine.
4. If the Board determines that the conduct or competence of the
registrant during the period of inactive status would have warranted
denial of an application for a license to practice medicine in this
State, the Board may refuse to place the registrant on active status.
(Added to NRS by 1985, 2222; A 1987, 195; 1993, 2299; 1997, 682;
2005, 2514 )
If a licensee does not practice allopathic medicine for
a period of more than 12 consecutive months, the Board may require him to
take the same examination to test medical competency as that given to
applicants for a license.
(Added to NRS by 1985, 2222; A 1993, 2300)
Special Categories of Licenses
1. A physician who is retired from active practice and who wishes
to donate his expertise for the medical care and treatment of indigent
persons in this State may obtain a special volunteer medical license by
submitting an application to the Board pursuant to this section.
2. An application for a special volunteer medical license must be
on a form provided by the Board and must include:
(a) Documentation of the history of medical practice of the
physician;
(b) Proof that the physician previously has been issued an
unrestricted license to practice medicine in any state of the United
States and that he has never been the subject of disciplinary action by a
medical board in any jurisdiction;
(c) Proof that the physician satisfies the requirements for
licensure set forth in NRS 630.160 or
the requirements for licensure by endorsement set forth in NRS 630.1605
;
(d) Acknowledgment that the practice of the physician under the
special volunteer medical license will be exclusively devoted to
providing medical care to indigent persons in this State; 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 )
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 )
1. Except as otherwise provided in NRS 630.161 , the Board may issue:
(a) A locum tenens license, to be effective not more than 3 months
after issuance, to any physician who is licensed and in good standing in
another state, who meets the requirements for licensure in this State and
who is of good moral character and reputation. The purpose of this
license is to enable an eligible physician to serve as a substitute for
another physician who is licensed to practice medicine in this State and
who is absent from his practice for reasons deemed sufficient by the
Board. A license issued pursuant to the provisions of this paragraph is
not renewable.
(b) A special license to a licensed physician of another state to
come into this State to care for or assist in the treatment of his own
patient in association with a physician licensed in this State. A special
license issued pursuant to the provisions of this paragraph is limited to
the care of a specific patient. The physician licensed in this State has
the primary responsibility for the care of that patient.
(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 permit the use of equipment that transfers information
concerning the medical condition of a patient in this State across state
lines electronically, telephonically or by fiber optics if the physician:
(1) Holds a full and unrestricted license to practice
medicine in that state;
(2) Has not had any disciplinary or other action taken
against him by any state or other jurisdiction; and
(3) Meets the requirements set forth in paragraph (d) of
subsection 2 of NRS 630.160 .
2. Except as otherwise provided in this section, the Board may
renew or modify any license issued pursuant to subsection 1.
(Added to NRS by 1973, 511; A 1985, 2232; 1991, 1069; 1993, 2300;
2001, 763 ; 2003, 1889 , 3432 )
1. Except as otherwise provided in NRS 630.161 , the Board may issue a restricted license to a
person who intends to practice medicine in this State as a psychiatrist
in a mental health center of the Division under the direct supervision of
a psychiatrist who holds an unrestricted license to practice medicine
pursuant to this chapter.
2. A person who applies for a restricted license pursuant to this
section is not required to take or pass a written examination as to his
qualifications to practice medicine pursuant to paragraph (e) of
subsection 2 of NRS 630.160 , but the
person must meet all other conditions and requirements for an
unrestricted license to practice medicine pursuant to this chapter.
3. If the Board issues a restricted license pursuant to this
section, the person who holds the restricted license may practice
medicine in this State only as a psychiatrist in a mental health center
of the Division and only under the direct supervision of a psychiatrist
who holds an unrestricted license to practice medicine pursuant to this
chapter.
4. If a person who holds a restricted license issued pursuant to
this section ceases to practice medicine in this State as a psychiatrist
in a mental health center of the Division:
(a) The Division shall notify the Board; and
(b) Upon receipt of such notification, the restricted license
expires automatically.
5. The Board may renew or modify a restricted license issued
pursuant to this section, unless the restricted license has expired
automatically or has been revoked.
6. The provisions of this section do not limit the authority of
the Board to issue a restricted license to an applicant in accordance
with any other provision of this chapter.
7. As used in this section:
(a) “Division” means the Division of Mental Health and
Developmental Services of the Department of Health and Human Services.
(b) “Mental health center” has the meaning ascribed to it in NRS
433.144 .
(Added to NRS by 2003, 436 ; A 2003, 3481 )
1. If the Governor determines that there are critically unmet
needs with regard to the number of physicians who are practicing a
medical specialty within this State, the Governor may declare that a
state of critical medical need exists for that medical specialty. The
Governor may, but is not required to, limit such a declaration to one or
more geographic areas within this State.
2. In determining whether there are critically unmet needs with
regard to the number of physicians who are practicing a medical
specialty, the Governor may consider, without limitation:
(a) Any statistical data analyzing the number of physicians who are
practicing the medical specialty in relation to the total population of
this State or any geographic area within this State;
(b) The demand within this State or any geographic area within this
State for the types of services provided by the medical specialty; and
(c) Any other factors relating to the medical specialty that may
adversely affect the delivery of health care within this State or any
geographic area within this State.
3. If the Governor makes a declaration pursuant to this section,
the Board may waive the requirements of paragraph (d) of subsection 2 of
NRS 630.160 for an applicant if the
applicant:
(a) Intends to practice medicine in one or more of the medical
specialties designated by the Governor in his declaration and, if the
Governor has limited his declaration to one or more geographic areas
within this State, in one or more of those geographic areas;
(b) Has completed at least 1 year of training as a resident in the
United States or Canada in a program approved by the Board, the
Accreditation Council for Graduate Medical Education or the Coordinating
Council of Medical Education of the Canadian Medical Association,
respectively;
(c) Has a minimum of 5 years of practical medical experience as a
licensed allopathic physician or such other equivalent training as the
Board deems appropriate; and
(d) Meets all other conditions and requirements for a license to
practice medicine.
4. Any license issued pursuant to this section is a restricted
license, and the person who holds the restricted license may practice
medicine in this State only in the medical specialties and geographic
areas for which the restricted license is issued.
5. Any person who holds a restricted license issued pursuant to
this section and who completes 3 years of full-time practice under the
restricted license may apply to the Board for an unrestricted license. In
considering an application for an unrestricted license pursuant to this
subsection, the Board shall require the applicant to meet all statutory
requirements for licensure in effect at the time of application except
the requirements of paragraph (d) of subsection 2 of NRS 630.160 .
(Added to NRS by 2003, 1885 )
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. He may apply to the Board of Medical Examiners for renewal of that
restricted license every 2 years after he is licensed.
3. Any person holding a restricted license pursuant to subsection
1 who completes 3 years of full-time practice under the restricted
license may apply to the Board for an unrestricted license. In
considering an application for an unrestricted license pursuant to this
subsection, the Board shall require the applicant to meet all statutory
requirements for licensure in effect at the time of application except
the requirements of paragraph (d) of subsection 2 of NRS 630.160 .
(Added to NRS by 1987, 1672; A 1989, 417, 1967; 1991, 1885; 1993,
2299; 2001, 762 ; 2003, 1887 )—(Substituted in revision for NRS 630.164)
1. Except as otherwise provided in NRS 630.161 , the Board may issue to a qualified applicant
a limited license to practice medicine as a resident physician in a
graduate program approved by the Accreditation Council for Graduate
Medical Education if he is:
(a) A graduate of an accredited medical school in the United States
or Canada; or
(b) A graduate of a foreign medical school and has received the
standard certificate of the Educational Commission for Foreign Medical
Graduates or a written statement from that Commission that he passed the
examination given by it.
2. The medical school or other institution sponsoring the program
shall provide the Board with written confirmation that the applicant has
been appointed to a position in the program and is a citizen of the
United States or lawfully entitled to remain and work in the United
States. Such a 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 such a limited license for not more than 1
year but may renew the license if the applicant for the limited license
meets the requirements set forth by the Board by regulation.
4. The holder of a limited license may practice medicine only in
connection with his duties as a resident physician or under such
conditions as are approved by the director of the program and the Board.
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 )
Biennial Registration; Fees
1. Each holder of a license to practice medicine must, on or
before July 1 of each alternate year:
(a) Submit a list of all actions filed or claims submitted to
arbitration or mediation for malpractice or negligence against him during
the previous 2 years.
(b) Pay to the Secretary-Treasurer of the Board the applicable fee
for biennial registration. This fee must be collected for the period for
which a physician is licensed.
(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 license to practice medicine in
this State is automatically suspended. The holder may, within 2 years
after the date his license is suspended, upon payment of twice the amount
of the current fee for biennial registration to the Secretary-Treasurer
and submission of all information required to complete the biennial
registration and after he is found to be in good standing and qualified
under the provisions of this chapter, be reinstated to practice.
3. The Board shall make such reasonable attempts as are
practicable to notify a licensee:
(a) At least once that his fee for biennial registration and all
information required to complete the biennial registration are due; and
(b) That his license is suspended.
Ê A copy of this notice must be sent to the Drug Enforcement
Administration of the United States Department of Justice or its
successor agency.
(Added to NRS by 1985, 2223; A 1987, 196; 1997, 2120; 2001, 765
; 2002 Special Session, 19 ; 2003, 16 ; 2005, 2715 , 2807 )
1. The Board shall charge and collect not more than the following
fees:
For application for and issuance of a license to practice as a physician,
including a license by endorsement $600
For application for and issuance of a temporary, locum tenens, limited,
restricted, special or special purpose license 400
For renewal of a limited, restricted or special
license................................................ 400
For application for and issuance of a license as a physician
assistant.................. 400
For biennial registration of a physician
assistant...................................................... 800
For biennial registration of a
physician..................................................................
..... 800
For application for and issuance of a license as a practitioner of
respiratory care 400
For biennial registration of a practitioner of respiratory
care.................................. 600
For biennial registration for a physician who is on inactive
status........................ 400
For written verification of
licensure..................................................................
............. 50
For a duplicate identification
card.......................................................................
........... 25
For a duplicate
license....................................................................
................................. 50
For computer printouts or
labels.....................................................................
............. 500
For verification of a listing of physicians, per
hour.................................................... 20
For furnishing a list of new
physicians.................................................................
...... 100
2. In addition to the fees prescribed in subsection 1, the Board
shall charge and collect necessary and reasonable fees for its other
services.
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 )
PHYSICIAN ASSISTANTS
1. A physician assistant may perform such medical services as he
is authorized to perform by his supervising physician.
2. The Board and supervising physician shall limit the authority
of a physician assistant to prescribe controlled substances to those
schedules of controlled substances that the supervising physician is
authorized to prescribe pursuant to state and federal law.
(Added to NRS by 1973, 512; A 1995, 1711; 1997, 682; 2001, 765
)
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 )
The
Board shall adopt regulations regarding the licensure of a physician
assistant, including, but not limited to:
1. The educational and other qualifications of applicants.
2. The required academic program for applicants.
3. The procedures for applications for and the issuance of
licenses.
4. The tests or examinations of applicants by the Board.
5. The medical services which a physician assistant may perform,
except that he may not perform those specific functions and duties
delegated or restricted by law to persons licensed as dentists,
chiropractors, podiatric physicians and optometrists under chapters 631
, 634 , 635 and 636 , respectively,
of NRS, or as hearing aid specialists.
6. The duration, renewal and termination of licenses.
7. The grounds and procedures respecting disciplinary actions
against physician assistants.
8. The supervision of medical services of a physician assistant by
a supervising physician.
(Added to NRS by 1973, 512; A 1985, 2233; 1993, 2217; 1997, 683;
2001, 765 )
PRACTITIONERS OF RESPIRATORY CARE
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 )
1. Every person who wishes to practice respiratory care in this
State must:
(a) Have a high school diploma or general equivalency diploma;
(b) Complete an educational program for respiratory care which has
been approved by the National Board for Respiratory Care or its successor
organization;
(c) Pass the examination as an entry-level or advanced practitioner
of respiratory care administered by the National Board for Respiratory
Care or its successor organization;
(d) Be certified by the National Board for Respiratory Care or its
successor organization; and
(e) Be licensed to practice respiratory care by the Board and have
paid the required fee for licensure.
2. Except as otherwise provided in subsection 3, a person shall
not:
(a) Practice respiratory care; or
(b) Hold himself out as qualified to practice respiratory care,
Ê in this State without complying with the provisions of subsection 1.
3. Any person who has completed the educational requirements set
forth in paragraphs (a) and (b) of subsection 1 may practice respiratory
care pursuant to a program of practical training as an intern in
respiratory care for not more than 12 months after completing those
educational requirements.
(Added to NRS by 2001, 759 )
Repealed. (See chapter 501, Statutes of Nevada 2005, at page
2818 .)
The Board shall
adopt regulations regarding the licensure of practitioners of respiratory
care, including, without limitation:
1. Educational and other qualifications of applicants;
2. Required academic programs which applicants must successfully
complete;
3. Procedures for applying for and issuing licenses;
4. Tests or examinations of applicants by the Board;
5. The types of medical services that a practitioner of
respiratory care may perform, except that a practitioner of respiratory
care may not perform those specific functions and duties delegated or
otherwise restricted by specific statute to persons licensed as dentists,
chiropractors, podiatric physicians, optometrists, physicians,
osteopathic physicians or hearing aid specialists pursuant to this
chapter or chapter 631 , 633 , 634 , 635 , 636 or 637A of NRS, as appropriate;
6. The duration, renewal and termination of licenses; and
7. The grounds and procedures for disciplinary actions against
practitioners of respiratory care.
(Added to NRS by 2001, 759 )
EMPLOYEES
1. A physician or any agent or employee thereof shall not
retaliate or discriminate unfairly against an employee of the physician
or a person acting on behalf of the employee who in good faith:
(a) Reports to the Board information relating to the conduct of the
physician which may constitute grounds for initiating disciplinary action
against the physician or which otherwise raises a reasonable question
regarding the competence of the physician to practice medicine with
reasonable skill and safety to patients;
(b) Reports a sentinel event to the Health Division pursuant to NRS
439.835 ; or
(c) Cooperates or otherwise participates in an investigation or
proceeding conducted by the Board or another governmental entity relating
to conduct described in paragraph (a) or (b).
2. A physician or any agent or employee thereof shall not
retaliate or discriminate unfairly against an employee of the physician
because the employee has taken an action described in subsection 1.
3. A physician or any agent or employee thereof shall not
prohibit, restrict or attempt to prohibit or restrict by contract,
policy, procedure or any other manner the right of an employee of the
physician to take an action described in subsection 1.
4. As used in this section, “retaliate or discriminate”:
(a) Includes, without limitation, the following action if such
action is taken solely because the employee took an action described in
subsection 1:
(1) Frequent or undesirable changes in the location where
the employee works;
(2) Frequent or undesirable transfers or reassignments;
(3) The issuance of letters of reprimand, letters of
admonition or evaluations of poor performance;
(4) A demotion;
(5) A reduction in pay;
(6) The denial of a promotion;
(7) A suspension;
(8) A dismissal;
(9) A transfer; or
(10) Frequent changes in working hours or workdays.
(b) Does not include action described in subparagraphs (1) to (10),
inclusive, of paragraph (a) if the action is taken in the normal course
of employment or as a form of discipline.
(Added to NRS by 2002 Special Session, 17 )
An employee of a physician who believes that he has been
retaliated or discriminated against in violation of NRS 630.293 may file an action in a court of competent
jurisdiction for such relief as may be appropriate.
(Added to NRS by 2002 Special Session, 18 )
REGULATION AND DISCIPLINE
General Provisions
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 )
1. If the Board has reason to believe that a person has violated,
is violating or is about to violate any provision of this chapter, the
Board or any investigative committee of the Board may issue to the person
a letter of warning, a letter of concern or a nonpunitive admonishment at
any time before the Board has initiated any disciplinary proceedings
against the person.
2. The issuance of such a letter or admonishment:
(a) Does not preclude the Board from initiating any disciplinary
proceedings against the person or taking any disciplinary action against
the person based on any conduct alleged or described in the letter or
admonishment or any other conduct; and
(b) Does not constitute a final decision of the Board and is not
subject to judicial review.
(Added to NRS by 2003, 3427 ; A 2005, 2515 )
Grounds for Initiating Disciplinary Action or Denying Licensure
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. The revocation, suspension, modification or limitation of the
license to practice any type of medicine by 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 such 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 such a 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 )
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)
1. The following acts, among others, constitute grounds for
initiating disciplinary action or denying licensure:
(a) Directly or indirectly receiving from any person, corporation
or other business organization any fee, commission, rebate or other form
of compensation which is intended or tends to influence the physician’s
objective evaluation or treatment of a patient.
(b) Dividing a fee between licensees except where the patient is
informed of the division of fees and the division of fees is made in
proportion to the services personally performed and the responsibility
assumed by each licensee.
(c) Referring, in violation of NRS 439B.425 , a patient to a health facility, medical
laboratory or commercial establishment in which the licensee has a
financial interest.
(d) Charging for visits to the physician’s office which did not
occur or for services which were not rendered or documented in the
records of the patient.
(e) Aiding, assisting, employing or advising, directly or
indirectly, any unlicensed person to engage in the practice of medicine
contrary to the provisions of this chapter or the regulations of the
Board.
(f) Delegating responsibility for the care of a patient to a person
if the licensee knows, or has reason to know, that the person is not
qualified to undertake that responsibility.
(g) Failing to disclose to a patient any financial or other
conflict of interest.
(h) Failing to initiate the performance of community service within
1 year after the date the community service is required to begin, if the
community service was imposed as a requirement of the licensee’s
receiving loans or scholarships from the Federal Government or a state or
local government for his medical education.
2. Nothing in this section prohibits a physician from forming an
association or other business relationship with an optometrist pursuant
to the provisions of NRS 636.373 .
(Added to NRS by 1983, 301; A 1985, 2237; 1987, 198; 1989, 1114;
1991, 2437; 1993, 2302, 2596; 1995, 714, 2562)
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 to others except as
authorized by law.
4. Performing, assisting or advising the injection of any
substance containing liquid silicone into the human body, except for the
use of silicone oil to repair a retinal detachment.
5. Practicing or offering to practice beyond the scope permitted
by law or performing services which the licensee knows or has reason to
know that he is not competent to perform.
6. Performing, without first obtaining the informed consent of the
patient or his family, any procedure or prescribing any therapy which by
the current standards of the practice of medicine are experimental.
7. Continual failure to exercise the skill or diligence or use the
methods ordinarily exercised under the same circumstances by physicians
in good standing practicing in the same specialty or field.
8. Making or filing a report which the licensee or applicant knows
to be false or failing to file a record or report as required by law or
regulation.
9. Failing to comply with the requirements of NRS 630.254 .
10. Habitual intoxication from alcohol or dependency on controlled
substances.
11. Failure by a licensee or applicant to report, within 30 days,
the revocation, suspension or surrender of his license to practice
medicine in another jurisdiction.
12. Failure to be found competent to practice medicine as a result
of an examination to determine medical competency pursuant to NRS 630.318
.
(Added to NRS by 1983, 302; A 1985, 2238; 1987, 199, 800, 1554,
1575)
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.
(Added to NRS by 1985, 2223; A 1987, 199; 2001, 767 ; 2002 Special Session, 19 ; 2003, 3433 )
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)
A physician is not subject to disciplinary action
solely for:
1. Prescribing or administering to a patient under his care a
controlled substance which is listed in schedule II, III, IV or V by the
State Board of Pharmacy pursuant to NRS 453.146 , if the controlled substance is lawfully
prescribed or administered for the treatment of intractable pain in
accordance with regulations adopted by the Board.
2. Engaging in any activity in accordance with the provisions of
chapter 453A of NRS.
(Added to NRS by 1977, 1647; A 1983, 337; 1995, 1734; 2001, 768
, 3073 )
Reports, Complaints, Investigations and Preliminary Proceedings
1. The Board shall require each holder of a license to practice
medicine to submit annually to the Board, on a form provided by the
Board, and in the format required by the Board by regulation, a report:
(a) Stating the number and type of surgeries requiring conscious
sedation, deep sedation or general anesthesia performed by the holder of
the license at his office or any other facility, excluding any surgical
care performed:
(1) At a medical facility as that term is defined in NRS
449.0151 ; or
(2) Outside of this State; and
(b) Reporting the occurrence of any sentinel event arising from any
such surgery.
2. Failure to submit a report or knowingly filing false
information in a report constitutes grounds for initiating disciplinary
action.
3. The Board shall:
(a) Collect and maintain reports received pursuant to subsection 1;
and
(b) Ensure that the reports, and any additional documents created
from the reports, are protected adequately from fire, theft, loss,
destruction and other hazards, and from unauthorized access.
4. A report received pursuant to subsection 1 is confidential, not
subject to subpoena or discovery, and not subject to inspection by the
general public.
5. The provisions of this section do not apply to surgical care
requiring only the administration of oral medication to a patient to
relieve the patient’s anxiety or pain, if the medication is not given in
a dosage that is sufficient to induce in a patient a controlled state of
depressed consciousness or unconsciousness similar to general anesthesia,
deep sedation or conscious sedation.
6. As used in this section:
(a) “Conscious sedation” means a minimally depressed level of
consciousness, produced by a pharmacologic or nonpharmacologic method, or
a combination thereof, in which the patient retains the ability
independently and continuously to maintain an airway and to respond
appropriately to physical stimulation and verbal commands.
(b) “Deep sedation” means a controlled state of depressed
consciousness, produced by a pharmacologic or nonpharmacologic method, or
a combination thereof, and accompanied by a partial loss of protective
reflexes and the inability to respond purposefully to verbal commands.
(c) “General anesthesia” means a controlled state of
unconsciousness, produced by a pharmacologic or nonpharmacologic method,
or a combination thereof, and accompanied by partial or complete loss of
protective reflexes and the inability independently to maintain an airway
and respond purposefully to physical stimulation or verbal commands.
(d) “Sentinel event” means an unexpected occurrence involving death
or serious physical or psychological injury or the risk thereof,
including, without limitation, any process variation for which a
recurrence would carry a significant chance of serious adverse outcome.
The term includes loss of limb or function.
(Added to NRS by 2005, 2512 )
1. The insurer of a physician licensed under this chapter shall
report to the Board:
(a) Any action for malpractice against the physician not later than
45 days after the physician receives service of a summons and complaint
for the action;
(b) Any claim for malpractice against the physician that is
submitted to arbitration or mediation not later than 45 days after the
claim is submitted to arbitration or mediation; and
(c) Any settlement, award, judgment or other disposition of any
action or claim described in paragraph (a) or (b) not later than 45 days
after the settlement, award, judgment or other disposition.
2. The Board shall report any failure to comply with subsection 1
by an insurer licensed in this State to the Division of Insurance of the
Department of Business and Industry. If, after a hearing, the Division of
Insurance determines that any such insurer failed to comply with the
requirements of subsection 1, the Division may impose an administrative
fine of not more than $10,000 against the insurer for each such failure
to report. If the administrative fine is not paid when due, the fine must
be recovered in a civil action brought by the Attorney General on behalf
of the Division.
(Added to NRS by 1985, 2223; A 2002 Special Session, 20 ; 2003, 3434 )
1. A physician shall report to the Board:
(a) Any action for malpractice against the physician not later than
45 days after the physician receives service of a summons and complaint
for the action;
(b) Any claim for malpractice against the physician that is
submitted to arbitration or mediation not later than 45 days after the
claim is submitted to arbitration or mediation;
(c) Any settlement, award, judgment or other disposition of any
action or claim described in paragraph (a) or (b) not later than 45 days
after the settlement, award, judgment or other disposition; and
(d) Any sanctions imposed against the physician that are reportable
to the National Practitioner Data Bank not later than 45 days after the
sanctions are imposed.
2. If the Board finds that a physician has violated any provision
of this section, the Board may impose a fine of not more than $5,000
against the physician for each violation, in addition to any other fines
or penalties permitted by law.
3. All reports made by a physician pursuant to this section are
public records.
(Added to NRS by 2003, 3428 )
If the Board receives
a report pursuant to the provisions of NRS 630.3067 , 630.3068 ,
690B.250 or 690B.260 indicating that a judgment has been rendered
or an award has been made against a physician regarding an action or
claim for malpractice or that such an action or claim against the
physician has been resolved by settlement, the Board shall conduct an
investigation to determine whether to impose disciplinary action against
the physician regarding the action or claim, unless the Board has already
commenced or completed such an investigation regarding the action or
claim before it receives the report.
(Added to NRS by 2003, 3428 )
1. Any person, medical school or medical facility that becomes
aware that a person practicing medicine or respiratory care in this State
has, is or is about to become engaged in conduct which constitutes
grounds for initiating disciplinary action shall file a written complaint
with the Board within 30 days after becoming aware of the conduct.
2. Any hospital, clinic or other medical facility licensed in this
State, or medical society, shall report to the Board any change in a
physician’s privileges to practice medicine while the physician is under
investigation and the outcome of any disciplinary action taken by that
facility or society against the physician concerning the care of a
patient or the competency of the physician within 30 days after the
change in privileges is made or disciplinary action is taken. The Board
shall report any failure to comply with this subsection by a hospital,
clinic or other medical facility licensed in this State to the Health
Division of the Department of Health and Human Services. If, after a
hearing, the Health Division determines that any such facility or society
failed to comply with the requirements of this subsection, the Division
may impose an administrative fine of not more than $10,000 against the
facility or society for each such failure to report. If the
administrative fine is not paid when due, the fine must be recovered in a
civil action brought by the Attorney General on behalf of the Division.
3. The clerk of every court shall report to the Board any finding,
judgment or other determination of the court that a physician, physician
assistant or practitioner of respiratory care:
(a) Is mentally ill;
(b) Is mentally incompetent;
(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.
4. On or before January 15 of each year, the clerk of each court
shall submit to the Office of Court Administrator created pursuant to NRS
1.320 a written report compiling the
information that the clerk reported during the previous year to the Board
regarding physicians pursuant to paragraph (e) of subsection 3.
(Added to NRS by 1977, 824; A 1985, 2239; 2001, 768 ; 2002 Special Session, 20 )
To institute a
disciplinary action against a physician assistant or practitioner of
respiratory care, a written complaint, specifying the charges, must be
filed with the Board by:
1. The Board or a committee designated by the Board to investigate
a complaint;
2. Any member of the Board; or
3. Any other person who is aware of any act or circumstance
constituting a ground for disciplinary action set forth in the
regulations adopted by the Board.
(Added to NRS by 1989, 663; A 2001, 772 )—(Substituted in revision for NRS 630.368)
1. A committee designated by the Board and consisting of members
of the Board shall review each complaint and conduct an investigation to
determine if there is a reasonable basis for the complaint. The committee
must be composed of at least three members of the Board, at least one of
whom is qualified pursuant to subsection 2 of NRS 630.060 . The committee may issue orders to aid its
investigation including, but not limited to, compelling a physician to
appear before the committee.
2. If, after conducting an investigation, the committee determines
that there is a reasonable basis for the complaint and that a violation
of any provision of this chapter has occurred, the committee may file a
formal complaint with the Board.
(Added to NRS by 1977, 824; A 1983, 306; 1985, 2239; 1987, 200;
1993, 2302)
1. If the Board or any investigative committee of the Board has
reason to believe that the conduct of any physician has raised a
reasonable question as to his competence to practice medicine with
reasonable skill and safety to patients, or if the Board has received a
report pursuant to the provisions of NRS 630.3067 , 630.3068 ,
690B.250 or 690B.260 indicating that a judgment has been rendered
or an award has been made against a physician regarding an action or
claim for malpractice or that such an action or claim against the
physician has been resolved by settlement, it may order that the
physician undergo a mental or physical examination or an examination
testing his competence to practice medicine by physicians or other
examinations designated by the Board to assist the Board or committee in
determining the fitness of the physician to practice medicine.
2. For the purposes of this section:
(a) Every physician who applies for a license or who is licensed
under this chapter shall be deemed to have given his consent to submit to
a mental or physical examination or an examination testing his competence
to practice medicine when ordered to do so in writing by the Board.
(b) The testimony or reports of the examining physicians are not
privileged communications.
3. Except in extraordinary circumstances, as determined by the
Board, the failure of a physician licensed under this chapter to submit
to an examination when directed as provided in this section constitutes
an admission of the charges against him.
(Added to NRS by 1977, 825; A 1985, 2240; 1987, 200; 2003, 3434
)
If the Board issues an order
suspending the license of a physician pending proceedings for
disciplinary action and requires the physician to submit to a mental or
physical examination or an examination testing his competence to practice
medicine, the examination must be conducted and the results obtained not
later than 60 days after the Board issues its order.
(Added to NRS by 1977, 825; A 1985, 2241)
If
the Board issues an order suspending the license of a physician,
physician assistant or practitioner of respiratory care pending
proceedings for disciplinary action, the court shall not stay that order.
(Added to NRS by 1977, 825; A 1985, 2241; 2001, 768 )
1. Any deliberations conducted or vote taken by the Board or any
investigative committee of the Board regarding its ordering of a
physician, physician assistant or practitioner of respiratory care to
undergo a physical or mental examination or any other examination
designated to assist the Board or committee in determining the fitness of
a physician, physician assistant or practitioner of respiratory care are
not subject to the requirements of NRS 241.020 .
2. Except as otherwise provided in subsection 3 or 4, all
applications for a license to practice medicine or respiratory care, any
charges filed by the Board, financial records of the Board, formal
hearings on any charges heard by the Board or a panel selected by the
Board, records of such hearings and any order or decision of the Board or
panel must be open to the public.
3. The following may be kept confidential:
(a) Any statement, evidence, credential or other proof submitted in
support of or to verify the contents of an application;
(b) Any report concerning the fitness of any person to receive or
hold a license to practice medicine or respiratory care; and
(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, a complaint filed
with the Board pursuant to NRS 630.307 ,
all documents and other information filed with the complaint and all
documents and other information compiled as a result of an investigation
conducted to determine whether to initiate disciplinary action are
confidential.
5. The complaint or other document filed by the Board to initiate
disciplinary action and all documents and information considered by the
Board when determining whether to impose discipline are public records.
6. This section does not prevent or prohibit the Board from
communicating or cooperating with any other licensing board or agency or
any agency which is investigating a licensee, including a law enforcement
agency. Such cooperation may include, without limitation, providing the
board or agency with minutes of a closed meeting, transcripts of oral
examinations and the results of oral examinations.
(Added to NRS by 1977, 826; A 1985, 2241; 1987, 201; 1989, 664;
2001, 769 ; 2003, 3435 )
Disciplinary Proceedings
1. If a committee designated by the Board to conduct an
investigation of a complaint decides to proceed with disciplinary action,
it shall bring charges against the licensee. If charges are brought, the
Board shall fix a time and place for a formal hearing. If the Board
receives a report pursuant to subsection 5 of NRS 228.420 , such a hearing must be held within 30 days
after receiving the report. The Board shall notify the licensee of the
charges brought against him, the time and place set for the hearing, and
the possible sanctions authorized in NRS 630.352 .
2. The Board, a hearing officer or a panel of its members
designated by the Board shall hold the formal hearing on the charges at
the time and place designated in the notification. If the hearing is
before a panel, at least one member of the Board who is not a physician
must participate in this hearing.
(Added to NRS by 1977, 826; A 1983, 306; 1985, 2242; 1987, 202;
1993, 783, 2303)
1. Any physician against whom the Board initiates disciplinary
action pursuant to this chapter shall, within 30 days after the
physician’s receipt of notification of the initiation of the disciplinary
action, submit to the Board a complete set of his fingerprints and
written permission authorizing the Board to forward the fingerprints to
the Central Repository for Nevada Records of Criminal History for
submission to the Federal Bureau of Investigation for its report.
2. The willful failure of a physician to comply with the
requirements of subsection 1 constitutes additional grounds for
disciplinary action and the revocation of the license of the physician.
3. The Board has additional grounds for initiating disciplinary
action against a physician if the report from the Federal Bureau of
Investigation indicates that the physician has been convicted of:
(a) An act that is a ground for disciplinary action pursuant to NRS
630.301 to 630.3066 , inclusive; or
(b) A violation of NRS 630.400 .
(Added to NRS by 2005, 2522 )
1. Service of process under this chapter must be made on a
licensee personally, or by registered or certified mail with return
receipt requested addressed to the licensee at his last known address. If
personal service cannot be made and if notice by mail is returned
undelivered, the Secretary-Treasurer of the Board shall cause notice to
be published once a week for 4 consecutive weeks in a newspaper published
in the county of the last known address of the licensee or, if no
newspaper is published in that county, then in a newspaper widely
distributed in that county.
2. Proof of service of process or publication of notice made under
this chapter must be filed with the Board and recorded in the minutes of
the Board.
(Added to NRS by 1977, 826; A 1985, 2242; 2001, 769 )
In any disciplinary hearing:
1. The Board, a panel of the members of the Board and a hearing
officer are not bound by formal rules of evidence and a witness must not
be barred from testifying solely because he was or is incompetent.
2. Proof of actual injury need not be established.
3. A certified copy of the record of a court or a licensing agency
showing a conviction or plea of nolo contendere or the suspension,
revocation, limitation, modification, denial or surrender of a license to
practice medicine or respiratory care is conclusive evidence of its
occurrence.
(Added to NRS by 1977, 826; A 1985, 2243; 2001, 770 )
1. Each person who holds a license issued pursuant to this chapter
and who accepts the privilege of practicing medicine or respiratory care
within this State pursuant to the provisions of the license shall be
deemed to have given his consent to the revocation of the license at any
time by the Board in accordance with the provisions of this section.
2. The Board shall not revoke a license issued pursuant to this
chapter unless the Board finds by a preponderance of the evidence that
the licensee committed a material violation of:
(a) Any provision of NRS 630.161
or 630.301 to 630.3065 , inclusive; or
(b) Any condition, restriction or limitation imposed on the license.
(Added to NRS by 2003, 3428 )
1. Any member of the Board, except for an advisory member serving
on a panel of the Board hearing charges, may participate in the final
order of the Board. If the Board, after a formal hearing, determines from
a preponderance of the evidence that a violation of the provisions of
this chapter or of the regulations of the Board has occurred, it shall
issue and serve on the physician charged an order, in writing, containing
its findings and any sanctions.
2. If the Board determines that no violation has occurred, it
shall dismiss the charges, in writing, and notify the physician that the
charges have been dismissed. If the disciplinary proceedings were
instituted against the physician as a result of a complaint filed against
him, the Board may provide the physician with a copy of the complaint.
3. Except as otherwise provided in subsection 4, if the Board
finds that a violation has occurred, it shall by order take one or more
of the following actions:
(a) Place the person on probation for a specified period on any of
the conditions specified in the order;
(b) Administer to him a public reprimand;
(c) Limit his practice or exclude one or more specified branches of
medicine from his practice;
(d) Suspend his license for a specified period or until further
order of the Board;
(e) Revoke his license to practice medicine, but only in accordance
with the provisions of NRS 630.348 ;
(f) Require him to participate in a program to correct alcohol or
drug dependence or any other impairment;
(g) Require supervision of his practice;
(h) Impose a fine not to exceed $5,000;
(i) Require him to perform community service without compensation;
(j) Require him to take a physical or mental examination or an
examination testing his competence; and
(k) Require him to fulfill certain training or educational
requirements.
4. If the Board finds that the physician has violated the
provisions of NRS 439B.425 , the Board
shall suspend his license for a specified period or until further order
of the Board.
5. The Board shall not administer a private reprimand if the Board
finds that a violation has occurred.
6. An order that imposes discipline and the findings of fact and
conclusions of law supporting that order are public records.
(Added to NRS by 1977, 826; A 1985, 2243; 1989, 664; 1991, 2438;
1993, 2597; 1997, 685; 2001, 770 ; 2001 Special Session, 153 , 161 ; 2003, 3436 )
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 should not be held in
contempt.
2. A copy of the statement of the Board, hearing officer or panel,
and the order of the district court issued pursuant to subsection 1, must
be served on the person. Thereafter, the court has jurisdiction of the
matter.
3. The same proceedings must be had, the same penalties may be
imposed and the person may purge himself of the contempt in the same way
as in the case of a person who has committed a contempt in the trial of a
civil action.
(Added to NRS by 1997, 679; A 2001, 771 )
1. Any person aggrieved by a final order of the Board is entitled
to judicial review of the Board’s order.
2. Every order that imposes a sanction against a licensee pursuant
to subsection 3 or 4 of NRS 630.352 or
any regulation of the Board is effective from the date the
Secretary-Treasurer certifies the order until the date the order is
modified or reversed by a final judgment of the court. The court shall
not stay the order of the Board pending a final determination by the
court.
3. The district court shall give a petition for judicial review of
the Board’s order priority over other civil matters which are not
expressly given priority by law.
(Added to NRS by 1977, 827; A 1979, 957; 1985, 2244; 2001, 771
)
1. Any person:
(a) Whose practice of medicine or respiratory care has been
limited; or
(b) Whose license to practice medicine or respiratory care has been:
(1) Suspended until further order; or
(2) Revoked,
Ê by an order of the Board, may apply to the Board for removal of the
limitation or restoration of his license.
2. In hearing the application, the Board:
(a) May require the person to submit to a mental or physical
examination or an examination testing his competence to practice medicine
or respiratory care by physicians or practitioners of respiratory care,
as appropriate, or other examinations it designates and submit such other
evidence of changed conditions and of fitness as it deems proper;
(b) Shall determine whether under all the circumstances the time of
the application is reasonable; and
(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 or respiratory care in a safe manner.
5. To restore a license that has been revoked by the Board, the
applicant must apply for a license and take an examination as though he
had never been licensed under this chapter.
(Added to NRS by 1977, 827; A 1985, 2244; 2001, 771 )
Miscellaneous Provisions
1. Any person or organization who furnishes information concerning
an applicant for a license or a licensee in good faith and without
malicious intent in accordance with the provisions of this chapter is
immune from any civil action for furnishing that information.
2. The Board and any of its members and its staff, counsel,
investigators, experts, committees, panels, hearing officers and
consultants are immune from any civil liability for:
(a) Any decision or action taken in good faith and without
malicious intent in response to information acquired by the Board.
(b) Disseminating information concerning an applicant for a license
or a licensee to other boards or agencies of the State, the Attorney
General, any hospitals, medical societies, insurers, employers, patients
and their families or any law enforcement agency.
(Added to NRS by 1977, 619, 827; A 1981, 590; 1985, 2012, 2245;
1989, 425; 2002 Special Session, 21 )
[Expires by limitation 2 years after the date of the repeal of the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance
with certain processes relating to paternity or child support
proceedings.]
1. If the Board receives a copy of a court order issued pursuant
to NRS 425.540 that provides for the
suspension of all professional, occupational and recreational licenses,
certificates and permits issued to a person who is the holder of a
license to practice medicine, to practice as a physician assistant or to
practice as a practitioner of respiratory care, the Board shall deem the
license issued to that person to be suspended at the end of the 30th day
after the date on which the court order was issued unless the Board
receives a letter issued to the holder of the license by the district
attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has
complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560 .
2. The Board shall reinstate a license to practice medicine, to
practice as a physician assistant or to practice as a practitioner of
respiratory care that has been suspended by a district court pursuant to
NRS 425.540 if the Board receives a
letter issued by the district attorney or other public agency pursuant to
NRS 425.550 to the person whose license
was suspended stating that the person whose license was suspended has
complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560 .
(Added to NRS by 1997, 2119; A 1999, 520 ; 2001, 772 ; 2005, 2807 , 2810 )
PRESCRIPTIONS FOR OPHTHALMIC LENSES
1. The form for any prescription which is issued for an ophthalmic
lens by an ophthalmologist in this State must contain lines or boxes in
substantially the following form:
Approved for contact
lenses................................................................
_________
Not approved for contact
lenses..........................................................
_________
2. The prescribing ophthalmologist shall mark or check one of the
lines or boxes required by subsection 1 each time such a prescription is
issued by him.
3. If the prescription is for a contact lens, the form must set
forth the expiration date of the prescription, the number of refills
approved for the patient and such other information as is necessary for
the prescription to be filled properly.
4. The initial fitting of a contact lens must be performed by an
ophthalmologist or optometrist licensed in this State.
5. As used in this section, “initial fitting” means measuring the
health, integrity and refractive error of the eye to determine whether
contacts may be approved pursuant to subsection 1.
(Added to NRS by 1987, 1698; A 1997, 1257; 2003, 511 )
INJUNCTIVE RELIEF
1. In addition to any other remedy provided by law, the Board,
through its President or Secretary-Treasurer or the Attorney General, may
apply to any court of competent jurisdiction:
(a) To enjoin any prohibited act or other conduct of a licensee
which is harmful to the public;
(b) To enjoin any person who is not licensed under this chapter
from practicing medicine or respiratory care;
(c) To limit the practice of a physician, physician assistant or
practitioner of respiratory care, or suspend his license to practice; or
(d) To enjoin the use of the title “P.A.,” “P.A.-C,” “R.C.P.” or
any other word, combination of letters or other designation intended to
imply or designate a person as a physician assistant or practitioner of
respiratory care, when not licensed by the Board pursuant to this
chapter, unless the use is otherwise authorized by a specific statute.
2. The court in a proper case may issue a temporary restraining
order or a preliminary injunction for the purposes set forth in
subsection 1:
(a) Without proof of actual damage sustained by any person;
(b) Without relieving any person from criminal prosecution for
engaging in the practice of medicine without a license; and
(c) Pending proceedings for disciplinary action by the Board.
(Added to NRS by 1977, 825; A 1985, 2241; 1987, 201; 2001, 768
; 2003, 3435 )—(Substituted in revision for NRS 630.333)
In seeking injunctive relief against any person for
an alleged violation of this chapter by practicing medicine or
respiratory care without a license, it is sufficient to allege that he
did, upon a certain day, and in a certain county of this State, engage in
the practice of medicine or respiratory care without having a license to
do so, without alleging any further or more particular facts concerning
the same.
[Part 17:169:1949; 1943 NCL § 4107.17]—(NRS A 1973, 519; 1985,
2245; 2001, 773 )
UNLAWFUL ACTS; PENALTIES
A person who:
1. Presents to the Board as his own the diploma, license or
credentials of another;
2. Gives either false or forged evidence of any kind to the Board;
3. Practices medicine or respiratory care under a false or assumed
name or falsely personates another licensee;
4. Except as otherwise provided by specific statute, practices
medicine or respiratory care without being licensed under this chapter;
5. Holds himself out as a physician assistant or uses any other
term indicating or implying that he is a physician assistant without
being licensed by the Board; or
6. Holds himself out as a practitioner of respiratory care or uses
any other term indicating or implying that he is a practitioner of
respiratory care without being licensed by the Board,
Ê is guilty of a category D felony and shall be punished as provided in
NRS 193.130 .
[18:169:1949; 1943 NCL § 4107.18]—(NRS A 1967, 641; 1973, 519;
1975, 418; 1979, 1490; 1985, 2245; 1987, 202; 1995, 1309; 1997, 686;
2001, 773 ; 2003, 1891 , 3437 )
A physician licensed pursuant
to this chapter who willfully fails or refuses to make the health care
records of a patient available for physical inspection or copying as
provided in NRS 629.061 is guilty of a
misdemeanor.
(Added to NRS by 1983, 301)
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)
