USA Statutes : nevada
Title : Title 54 - PROFESSIONS, OCCUPATIONS AND BUSINESSES
Chapter : CHAPTER 633 - OSTEOPATHIC MEDICINE
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 633.021
to 633.131 , inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 1977, 939; A 2001, 491 ; 2005, 259 )
“Board” means the State Board of
Osteopathic Medicine.
(Added to NRS by 1977, 939)
“Complaint” means a written
complaint filed with the Board pursuant to the provisions of NRS 633.531
.
(Added to NRS by 2001, 491 )
“Employing
osteopathic physician” means an osteopathic physician licensed in this
State who employs and supervises an osteopathic physician’s assistant
with Board approval.
(Added to NRS by 1977, 939)
“Formal complaint” means
a complaint filed with the Board pursuant to the provisions of NRS
633.541 .
(Added to NRS by 2001, 491 )
“Gross malpractice”
means malpractice where the failure to exercise the requisite degree of
care, diligence or skill consists of:
1. Performing surgery upon or otherwise ministering to a patient
while the osteopathic physician is under the influence of alcohol or any
controlled substance;
2. Gross negligence;
3. Willful disregard of established medical procedures; or
4. Willful and consistent use of medical procedures, services or
treatment considered by osteopathic physicians in the community to be
inappropriate or unnecessary in the cases where used.
(Added to NRS by 1977, 939; A 1987, 1558)
“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 1977, 940)
“Hearing officer” means a
person to whom the Board has delegated its authority pursuant to
subsection 1 of NRS 633.660 .
(Added to NRS by 2005, 259 )
“Hospital internship”
means a 1-year internship in a general hospital conforming to the minimum
standards for intern training established by the American Osteopathic
Association.
(Added to NRS by 1977, 940)
“Malpractice” means failure on
the part of an osteopathic physician to exercise the degree of care,
diligence and skill ordinarily exercised by osteopathic physicians in
good standing in the community in which he practices.
(Added to NRS by 1977, 940)
“Osteopathic medicine” or “osteopathy” means the school of medicine
which:
1. Utilizes full methods of diagnosis and treatment in physical
and mental health and disease, including the prescribing and
administering of drugs and biologicals of all kinds, operative surgery,
obstetrics, radiological and other electromagnetic emission; and
2. Places emphasis on the interrelationship of the musculoskeletal
system to all other body systems.
(Added to NRS by 1977, 940)
“Osteopathic
physician” means a person who:
1. Is a graduate of an academic program approved by the Board or
is qualified to perform medical services by reason of general education,
practical training and experience determined by the Board to be
satisfactory; and
2. Has received from the Board a license to practice osteopathic
medicine.
(Added to NRS by 1977, 940)
“Osteopathic physician’s assistant” means a person who is approved by
the Board to perform medical services under the supervision of an
employing osteopathic physician.
(Added to NRS by 1977, 940)
“Panel” means a group of persons to
whom the Board has delegated its authority pursuant to subsection 2 of
NRS 633.660 .
(Added to NRS by 2005, 259 )
“Professional
incompetence” means lack of ability safely and skillfully to practice
osteopathic medicine, or to practice one or more of its specified
branches, arising from:
1. Lack of knowledge or training;
2. Impaired physical or mental capability of the osteopathic
physician;
3. Indulgence in the use of alcohol or any controlled substance; or
4. Any other sole or contributing cause.
(Added to NRS by 1977, 940)
“School of
osteopathic medicine” means a legally chartered osteopathic school or
college which:
1. Is accredited by the Bureau of Professional Education of the
American Osteopathic Association; and
2. Requires as a prerequisite to graduation with the degree of
doctor of osteopathy or doctor of osteopathic medicine actual attendance
at the school and successful completion of its curriculum.
(Added to NRS by 1977, 940)
1. “Unprofessional conduct” includes:
(a) Willfully making a false or fraudulent statement or submitting
a forged or false document in applying for a license to practice
osteopathic medicine or in applying for renewal of a license to practice
osteopathic medicine.
(b) Failure of a licensee to designate his school of practice in
the professional use of his name by the term D.O., osteopathic physician,
doctor of osteopathy or a similar term.
(c) Directly or indirectly giving to or receiving from any person,
corporation or other business organization any fee, commission, rebate or
other form of compensation for sending, referring or otherwise inducing a
person to communicate with an osteopathic physician in his professional
capacity or for any professional services not actually and personally
rendered, except as otherwise provided in subsection 2.
(d) Employing, directly or indirectly, any suspended or unlicensed
person in the practice of osteopathic medicine, or the aiding or abetting
of any unlicensed person to practice osteopathic medicine.
(e) Advertising the practice of osteopathic medicine in a manner
which does not conform to the guidelines established by regulations of
the Board.
(f) Engaging in any:
(1) Professional conduct which is intended to deceive or
which the Board by regulation has determined is unethical; or
(2) Medical practice harmful to the public or any conduct
detrimental to the public health, safety or morals which does not
constitute gross or repeated malpractice or professional incompetence.
(g) Administering, dispensing or prescribing any controlled
substance or any dangerous drug as defined in chapter 454 of NRS, otherwise than in the course of legitimate
professional practice or as authorized by law.
(h) Habitual drunkenness or habitual addiction to the use of a
controlled substance.
(i) Performing, assisting in or advising an unlawful abortion or
the injection of any liquid silicone substance into the human body.
(j) Willful disclosure of a communication privileged pursuant to a
statute or court order.
(k) Willful disobedience of the regulations of the State Board of
Health, the State Board of Pharmacy or the State Board of Osteopathic
Medicine.
(l) Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violation of or conspiring to violate any
prohibition made in this chapter.
(m) Failure of a licensee to maintain timely, legible, accurate and
complete medical records relating to the diagnosis, treatment and care of
a patient.
(n) Making alterations to the medical records of a patient that the
licensee knows to be false.
(o) Making or filing a report which the licensee knows to be false.
(p) Failure of a licensee to file a record or report as required by
law, or willfully obstructing or inducing any person to obstruct such
filing.
(q) Failure of a licensee to make medical records of a patient
available for inspection and copying as provided by NRS 629.061 .
2. It is not unprofessional conduct:
(a) For persons holding valid licenses issued pursuant to this
chapter to practice osteopathic medicine in partnership under a
partnership agreement or in a corporation or an association authorized by
law, or to pool, share, divide or apportion the fees and money received
by them or by the partnership, corporation or association in accordance
with the partnership agreement or the policies of the board of directors
of the corporation or association;
(b) For two or more persons holding valid licenses issued pursuant
to this chapter to receive adequate compensation for concurrently
rendering professional care to a patient and dividing a fee if the
patient has full knowledge of this division and if the division is made
in proportion to the services performed and the responsibility assumed by
each; or
(c) For a person licensed pursuant to the provisions of this
chapter to form an association or other business relationship with an
optometrist pursuant to the provisions of NRS 636.373 .
(Added to NRS by 1977, 941; A 1987, 801, 1558; 1995, 2563; 2005,
259 )
The purpose of
licensing osteopathic physicians and osteopathic physicians’ assistants
is to protect the public health and safety and the general welfare of the
people of this State. Any license issued pursuant to this chapter is a
revocable privilege and a holder of such a license does not acquire
thereby any vested right.
(Added to NRS by 1977, 942)
1. Osteopathic physicians have the same rights as physicians of
other schools of medicine in all respects, including but not limited to
the treatment of patients and the holding of offices in public
institutions.
2. All state and local government regulations relative to the
reporting of births and deaths in any matter pertaining to the public
health apply to osteopathic physicians with the same effect as to
physicians of other schools of medicine. Such reports by osteopathic
physicians shall be accepted by the officers of the agency to which they
are made.
(Added to NRS by 1977, 942)
1. This chapter does not apply to:
(a) The practice of medicine pursuant to chapter 630 of NRS, dentistry, chiropractic, podiatry,
optometry, respiratory care, faith or Christian Science healing, nursing,
veterinary medicine or fitting hearing aids.
(b) A medical officer of the Armed Services or a medical officer of
any division or department of the United States in the discharge of his
official duties.
(c) Osteopathic physicians who are called into this State, other
than on a regular basis, for consultation or assistance to a physician
licensed in this State, and who are legally qualified to practice in the
state where they reside.
2. This chapter does not repeal or affect any law of this State
regulating or affecting any other healing art.
3. This chapter does not prohibit:
(a) Gratuitous services of a person in cases of emergency.
(b) The domestic administration of family remedies.
(Added to NRS by 1977, 942; A 1995, 1793)
STATE BOARD OF OSTEOPATHIC MEDICINE
The State Board of
Osteopathic Medicine consists of seven members appointed by the Governor.
(Added to NRS by 1977, 942; A 2003, 1192 )
1. Five members of the Board must:
(a) Be licensed under this chapter;
(b) Be actually engaged in the practice of osteopathic medicine in
this State; and
(c) Have been so engaged in this State for a period of more than 5
years preceding their appointment.
2. One member of the Board must be a resident of the State of
Nevada and must represent 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 member of the Board must be a resident of the
State of Nevada who is:
(a) Not licensed in any state to practice any healing art;
(b) 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;
and
(c) Not actively engaged in the administration of any medical
facility or facility for the dependent as defined in chapter 449 of NRS.
(Added to NRS by 1977, 942; A 1985, 1767; 2003, 1192 )
1. After the initial terms, members serve terms of 4 years, except
when appointed to fill unexpired terms.
2. If a member fails to attend meetings of the Board or to the
business of the Board, as determined necessary in its discretion, the
Board shall notify the Governor, and the Governor shall appoint a person
qualified under this chapter to replace the member for the remainder of
the unexpired term.
(Added to NRS by 1977, 943; A 1981, 70)
Before entering upon the duties of
his office, each member of the Board shall take:
1. The constitutional oath of office; and
2. An oath that he is legally qualified to serve on the Board.
(Added to NRS by 1977, 943)
1. The Board shall elect from its members a President, a Vice
President and a Secretary-Treasurer, who shall hold their respective
offices at its pleasure.
2. The Board may fix and pay a salary to the Secretary-Treasurer.
(Added to NRS by 1977, 943)
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. A majority of the Board constitutes a quorum to transact all
business.
(Added to NRS by 1977, 943)
1. Each 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 its business; 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.
(Added to NRS by 1977, 943; A 1981, 1992; 1983, 957; 1985, 444;
1989, 1698)
The Board shall operate on the basis of
a fiscal year commencing on July 1 and terminating on June 30.
(Added to NRS by 1977, 943)
1. All reasonable expenses incurred by the Board in carrying out
the provisions of this chapter shall be paid from the fees which it
receives, and no part of the salaries or expenses of the Board may be
paid out of the General Fund of the State Treasury.
2. All money received by the Board shall be deposited in banks,
credit unions or savings and loan associations in this State and shall be
paid out on its order for its expenses.
(Added to NRS by 1977, 943; A 1999, 1533 )
The Board may:
1. Appoint an Executive Director who is entitled to such
compensation as is determined by the Board.
2. Maintain offices in as many localities in the State as it finds
necessary to carry out the provisions of this chapter.
3. Employ attorneys, hearing officers, investigators and other
professional consultants and clerical personnel necessary to the
discharge of its duties.
(Added to NRS by 1977, 943; A 2001, 491 ; 2005, 261 )
1. For the purposes of this chapter:
(a) The Secretary of the Board, or in his absence any member of the
Board, or a hearing officer may administer oaths.
(b) The Secretary or President of the Board or a hearing officer or
panel may issue subpoenas to compel the attendance of witnesses and the
production of books and papers.
2. If any witness refuses to attend or testify or produce any
books and papers as required by the subpoena, the Secretary or President
of the Board may report to the district court by petition, setting forth
that:
(a) Due notice has been given of the time and place of attendance
of the witness or the production of the books and papers;
(b) The witness has been subpoenaed by the Board pursuant to this
section; and
(c) The witness has failed or refused to attend or produce the
books and papers required by the subpoena before the Board which is named
in the subpoena, or has refused to answer questions propounded to him,
Ê and asking for an order of the court compelling the witness to comply
with the subpoena.
3. Upon such petition, the court shall enter an order directing
the witness 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
witness.
4. If it appears to the court that the subpoena was regularly
issued by the Board, hearing officer or panel, the court shall enter an
order that the witness appear before the Board, hearing officer or panel
at the time and place fixed in the order and testify or produce the
required books or papers, and upon failure to obey the order, the witness
must be dealt with as for contempt of court.
(Added to NRS by 1977, 944; A 2005, 261 )
1. 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 osteopathic physicians for malpractice or negligence; and
(b) Information reported to the Board during the previous biennium
pursuant to NRS 633.524 , 633.526 , 633.527 ,
subsections 2 and 3 of NRS 633.533 and
NRS 690B.250 and 690B.260 .
2. The report must include only aggregate information for
statistical purposes and exclude any identifying information related to a
particular person.
(Added to NRS by 2002 Special Session, 22 ; A 2003, 3442 ; 2005, 2516 )
The Board shall adopt and enforce
regulations necessary to enable it to carry out its duties under this
chapter, including but not limited to regulations which establish the
principles of medical ethics to be used as the basis for determining
whether conduct which does not constitute malpractice is unethical.
(Added to NRS by 1977, 944)
1. The Board shall keep a record of its proceedings relating to
licensing and disciplinary actions. Except as otherwise provided in this
section, the record must be open to public inspection at all reasonable
times and contain the name, known place of business and residence, and
the date and number of the license of every osteopathic physician
licensed under this chapter.
2. Except as otherwise provided in this section, a complaint filed
with the Board, 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 against a person are confidential, unless the person submits a
written statement to the Board requesting that such documents and
information be made public records.
3. The charging documents filed with the Board to initiate
disciplinary action pursuant to chapter 622A of NRS and all other documents and information
considered by the Board when determining whether to impose discipline are
public records.
4. The provisions of this section do not prohibit the Board from
communicating or cooperating with or providing any documents or other
information to any other licensing board or any other agency that is
investigating a person, including, without limitation, a law enforcement
agency.
(Added to NRS by 1977, 944; A 2003, 3442 ; 2005, 765 )
LICENSING
Except as otherwise
provided in NRS 633.315 , an applicant
for a license to practice osteopathic medicine may be issued a license by
the Board if:
1. He is 21 years of age or older;
2. He is a citizen of the United States or is lawfully entitled to
remain and work in the United States;
3. He is a graduate of a school of osteopathic medicine;
4. He:
(a) Has graduated from a school of osteopathic medicine before 1995
and has completed:
(1) A hospital internship; or
(2) One year of postgraduate training that complies with the
standards of intern training established by the American Osteopathic
Association;
(b) Has completed 3 years of postgraduate medical education as a
resident in the United States or Canada in a program approved by the
Board, the Bureau of Professional Education of the American Osteopathic
Association or the Accreditation Council for Graduate Medical Education;
or
(c) Is a resident who is enrolled in a postgraduate training
program in this State, has completed 24 months of the program and has
committed, in writing, that he will complete the program;
5. He applies for the license as provided by law;
6. He passes:
(a) All parts of the licensing examination of the National Board of
Osteopathic Medical Examiners;
(b) All parts of the licensing examination of the Federation of
State Medical Boards of the United States, Inc.;
(c) All parts of the licensing examination of the Board, a state,
territory or possession of the United States, or the District of
Columbia, and he is certified by a specialty board of the American
Osteopathic Association or by the American Board of Medical Specialties;
or
(d) A combination of the parts of the licensing examinations
specified in paragraphs (a), (b) and (c) of this subsection that is
approved by the Board;
7. He pays the fees provided for in this chapter; and
8. He submits all information required to complete an application
for a license.
(Added to NRS by 1977, 945; A 1989, 598, 1483; 1991, 1073; 1997,
2127; 2001, 491 ; 2005, 2724 , 2807 )
1. The Board shall not issue a license to practice osteopathic
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 osteopathic 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. The revocation of a license to practice any type of medicine in
another jurisdiction on grounds other than grounds which would constitute
revocation for gross medical negligence constitutes grounds for
initiating disciplinary action or denying the issuance of a license.
4. For the purposes of this section, the Board shall adopt by
regulation a definition of gross medical negligence.
(Added to NRS by 1991, 1072)
1. Every applicant for a license shall:
(a) File an application with the Board in the manner prescribed by
regulations of the Board;
(b) Submit verified proof satisfactory to the Board that he meets
the age, citizenship and educational requirements prescribed by this
chapter; and
(c) Pay in advance to the Board the application and initial license
fee specified in this chapter.
2. An application filed with the Board pursuant to subsection 1
must include all information required to complete the application.
3. The Board may hold hearings and conduct investigations into any
matter related to the application and, in addition to the proofs required
by subsection 1, may take such further evidence and require such other
documents or proof of qualifications as it deems proper.
4. The Board may reject an application if it appears that any
credential submitted is false.
(Added to NRS by 1977, 945; A 1997, 2128; 2001, 492 ; 2005, 2725 , 2807 )
In addition to the other requirements for
licensure, an applicant 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, 3441 )
1. In addition to the other requirements for licensure, an
applicant for a license to practice osteopathic 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, 3440 )
[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
osteopathic medicine 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 osteopathic medicine 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 osteopathic medicine 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, 2126; A 2005, 2726 , 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 osteopathic medicine 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 osteopathic medicine 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, 2126; A 2005, 2726 , 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)
In addition to any other
requirements set forth in this chapter, each applicant for a license to
practice osteopathic medicine, except a temporary or special license, or
each osteopathic physician’s assistant for whom an application to employ
an osteopathic physician’s assistant is submitted to the Board must
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 2003, 1174 ; A 2005, 2527 )
1. Examinations must be held at least once a year at the time and
place fixed by the Board. The Board shall notify each applicant in
writing of the examinations.
2. The examination must be fair and impartial, practical in
character, and the questions must be designed to discover the applicant’s
fitness.
3. The Board may employ specialists and other professional
consultants or examining services in conducting the examination.
4. Each member who is not licensed in any state to practice any
healing art shall not participate in preparing, conducting or grading any
examination required by the Board.
(Added to NRS by 1977, 945, 1252; A 1987, 404; 2003, 1193 )
1. If an applicant fails in a first examination, he may be
reexamined after not less than 6 months.
2. If he fails in a second examination, he is not thereafter
entitled to another examination within less than 1 year after the date of
the second examination, and prior thereto he shall furnish proof to the
Board of further postgraduate study following the second examination
satisfactory to the Board.
3. Each applicant who fails an examination and who is permitted to
be reexamined shall pay for each reexamination the reexamination fee
specified in this chapter.
4. If an applicant does not appear for examination, for any reason
deemed sufficient by the Board, the Board may refund a portion of the
application and initial license fee not to exceed $100 upon the request
of the applicant. An applicant is not entitled to a refund of the
application and initial license fee if he appears for examination.
(Added to NRS by 1977, 945; A 2001, 492 )
Any
unsuccessful applicant may appeal to the district court to review the
action of the Board, if he files his appeal within 6 months from the date
of the rejection of his application by the Board. Upon appeal the
applicant has the burden of showing that the action of the Board is
erroneous or unlawful.
(Added to NRS by 1977, 945)
1. Except as otherwise provided in NRS 633.315 , the Board may issue a license without
examination to a person:
(a) Who has completed a hospital internship and is licensed in any
country, state, territory or province to practice osteopathic medicine,
if the licensing requirements of that country, state, territory or
province at the time the license was issued are deemed by the Board to be
practically equivalent to the licensing requirements in force in this
State at that time.
(b) Who is a graduate of a school of osteopathic medicine, has
completed a hospital internship and passed an examination for admission
into the medical corps of any of the Armed Forces of the United States or
the United States Public Health Service or who possesses a certificate
from the National Board of Examiners for Osteopathic Physicians and
Surgeons.
2. Any person applying for a license under the provisions of
subsection 1 shall:
(a) Furnish to the Board such proof of qualifications and pass an
oral examination as the Board may require; and
(b) Pay in advance to the Board the application and initial license
fee specified in this chapter.
(Added to NRS by 1977, 946; A 1991, 1073; 2001, 493 )
Every license must be displayed
in the office or place of business or employment of its holder.
(Added to NRS by 1977, 946; A 1979, 156, 958)
All valid licenses to practice osteopathic medicine issued prior to July
1, 1977, remain in full effect but are subject to the provisions of this
chapter.
(Added to NRS by 1977, 946)
1. The Board may issue a temporary license to authorize a person
who is qualified to practice osteopathic medicine in this State to serve
as a substitute for an osteopathic physician who is absent from his
practice.
2. Each applicant for such a license shall pay the temporary
license fee specified in this chapter.
3. A temporary license is valid for not more than 6 months after
issuance and is not renewable.
(Added to NRS by 1977, 946)
1. Except as otherwise provided in NRS 633.315 , the Board may issue a special license:
(a) To authorize a person who is licensed to practice osteopathic
medicine in an adjoining state to come into Nevada to care for or assist
in the treatment of his patients in association with an osteopathic
physician in this State who has primary care of the patients.
(b) To a resident while he is enrolled in a postgraduate training
program required pursuant to the provisions of paragraph (c) of
subsection 4 of NRS 633.311 .
(c) For a specified period and for specified purposes to a person
who is licensed to practice osteopathic medicine in another jurisdiction.
2. A special license issued under this section may be renewed by
the Board upon application of the licensee.
3. Every person who applies for or renews a special license under
this section shall pay respectively the special license fee or special
license renewal fee specified in this chapter.
(Added to NRS by 1977, 946; A 1989, 1484; 1991, 1073; 2001, 493
)
1. Except as otherwise provided in NRS 633.315 , the Board may issue a special license to a
person qualified under this section to authorize him to serve:
(a) As a resident medical officer in any hospital in Nevada. A
person issued such a license shall practice osteopathic medicine only
within the confines of the hospital specified in the license and under
the supervision of the regular medical staff of that hospital.
(b) As a professional employee of the State of Nevada or of the
United States. A person issued such a license shall practice osteopathic
medicine only within the scope of his employment and under the
supervision of the appropriate state or federal medical agency.
2. An applicant for a special license under this section must:
(a) Be a graduate of a school of osteopathic medicine and have
completed a hospital internship.
(b) Pay the special license fee specified in this chapter.
3. The Board shall not issue a license under subsection 1 unless
it has received a letter from a hospital in Nevada or from the
appropriate state or federal medical agency requesting issuance of the
special license to the applicant.
4. A special license issued under this section:
(a) Must be issued at a meeting of the Board or between its
meetings by its President and Secretary subject to approval at the next
meeting of the Board.
(b) Is valid for a period not exceeding 1 year, as determined by
the Board.
(c) May be renewed by the Board upon application and payment by the
licensee of the special license renewal fee specified in this chapter.
(d) Does not entitle the licensee to engage in the private practice
of osteopathic medicine.
5. The issuance of a special license under this section does not
obligate the Board to grant any regular license to practice osteopathic
medicine.
(Added to NRS by 1977, 947; A 1991, 1074)
Each license
issued by the Board:
1. Shall bear a seal adopted by the Board and the signatures of
its President and Secretary; and
2. Authorizes the holder to practice osteopathic medicine so long
as it is kept in force by appropriate renewal and is not revoked or
suspended.
(Added to NRS by 1977, 947)
1. The Board shall issue certificates of approval for programs of
health care training for osteopathic physicians’ assistants, if the
programs meet Board standards.
2. In developing criteria for program approval the Board shall
give consideration to and encourage the utilization of equivalency and
proficiency testing and other means whereby full credit is given to
persons in training for past education and experience in the healing arts.
3. The Board shall develop and enforce standards to insure that
the programs operate in a manner which does not endanger the health and
welfare of the patients who receive services within the scope of the
programs.
4. The Board shall review from time to time the quality of the
curriculum, faculty and facilities of the programs to assure that
standards prerequisite to its approval continue to be met.
5. The Board shall not give preference to residents of Nevada nor
to health care training programs conducted in Nevada in approving the
employment of osteopathic physicians’ assistants.
(Added to NRS by 1977, 947)
1. An application to employ an osteopathic physician’s assistant
shall be made to the Board by an osteopathic physician and may not be
made by the proposed assistant.
2. Each application shall include information showing:
(a) The qualifications, including related experience, possessed by
the proposed osteopathic physician’s assistant.
(b) The professional background and speciality of the applying
osteopathic physician.
(c) A description by the osteopathic physician of his practice and
the way in which the assistant is to be employed and supervised.
(Added to NRS by 1977, 948)
1. The Board shall approve an application by an osteopathic
physician to employ and supervise an osteopathic physician’s assistant
when the Board finds that the proposed assistant is a graduate of an
approved program and is fully qualified by reason of experience and
education to perform medical services under the supervision of the
physician.
2. If the Board approves such an application, the Board shall
grant a certificate to assist the osteopathic physician upon receipt of
the fees required in this chapter. An osteopathic physician’s assistant
shall not assist an osteopathic physician unless he has a current
certificate to assist that physician. A certificate issued pursuant to
this subsection must be renewed annually.
(Added to NRS by 1977, 948; A 1983, 958)
1. An osteopathic physician’s assistant may perform such medical
services as the Board has authorized, if those services are performed
under the supervision of an employing osteopathic physician. The services
authorized must pertain to the practice of osteopathic medicine and not
to the practice of any other healing art regulated in this State or to
the business of selling and fitting hearing aids.
2. The Board shall limit the authority of an osteopathic
physician’s assistant to prescribe controlled substances to those
schedules of controlled substances which his supervising osteopathic
physician is authorized to prescribe pursuant to state and federal law.
3. NRS 633.741 does not prevent
the service of an osteopathic physician’s assistant when his service is
approved as provided in this chapter.
(Added to NRS by 1977, 948; A 1995, 1711)
1. An osteopathic physician’s assistant may, under his
certificate, be supervised by a physician licensed to practice medicine
in this State in place of his employing osteopathic physician if:
(a) The osteopathic physician’s assistant works in a geographical
area where he can be conveniently supervised only by a physician;
(b) The osteopathic physician’s assistant remains in the employ of
his employing osteopathic physician;
(c) The employing osteopathic physician and the physician agree to
the arrangement; and
(d) The Board of Osteopathic Medicine and the Board of Medical
Examiners approve it.
2. For the purposes of chapter 630 of
NRS, an osteopathic physician’s assistant so supervised is not a
physician’s assistant solely because of that supervision and continues to
practice osteopathic medicine.
3. The Board shall adopt jointly with the Board of medical
examiners regulations necessary to administer the provisions of this
section.
(Added to NRS by 1981, 574)
1. Except as otherwise provided in subsection 4 and in NRS 633.491
, every holder of a license issued under
this chapter, except a temporary or a special license, may renew his
license on or before January 1 of each calendar year after its issuance
by:
(a) Applying for renewal on forms provided by the Board;
(b) Paying the annual license renewal fee specified in this chapter;
(c) Submitting a list of all actions filed or claims submitted to
arbitration or mediation for malpractice or negligence against him during
the previous year;
(d) Submitting an affidavit to the Board that in the year preceding
the application for renewal he has attended courses or programs of
continuing education approved by the Board totaling a number of hours
established by the Board which must not be less than 35 hours nor more
than that set in the requirements for continuing medical education of the
American Osteopathic Association; and
(e) Submitting all information required to complete the renewal.
2. The Secretary of the Board shall notify each licensee of the
requirements for renewal not less than 30 days before the date of renewal.
3. The Board shall request submission of verified evidence of
completion of the required number of hours of continuing medical
education annually from no fewer than one-third of the applicants for
renewal of a license. Upon a request from the Board, an applicant for
renewal of a license shall submit verified evidence satisfactory to the
Board that in the year preceding the application for renewal he attended
courses or programs of continuing medical education approved by the Board
totaling the number of hours established by the Board.
4. Members of the Armed Forces of the United States and the United
States Public Health Service are exempt from payment of the annual
license renewal fee during their active duty status.
(Added to NRS by 1977, 948; A 1983, 958; 1987, 404; 1997, 2128;
2002 Special Session, 23 ; 2005, 262 , 2727 , 2807 )
1. Except as otherwise provided in subsection 2, if a licensee
fails to comply with the requirements of NRS 633.471 within 30 days after the renewal date, the
Board shall give 30 days’ notice of failure to renew and of revocation of
license by certified mail to the licensee at his last address registered
with the Board. If the license is not renewed before the expiration of
the 30 days’ notice, the license is automatically revoked without any
further notice or a hearing and the Board shall file a copy of the notice
with the Drug Enforcement Administration of the United States Department
of Justice or its successor agency.
2. A licensee who fails to meet the continuing education
requirements for license renewal may apply to the Board for a waiver of
the requirements. The Board may grant a waiver for that year only if it
finds that the failure is due to the licensee’s disability, military
service or absence from the United States, or to circumstances beyond the
control of the licensee which are deemed by the Board to excuse the
failure.
3. A person whose license is revoked under this section may apply
to the Board for restoration of his license upon:
(a) Payment of all past due renewal fees and the late payment fee
specified in this chapter;
(b) Producing verified evidence satisfactory to the Board of
completion of the total number of hours of continuing education required
for the year preceding the renewal date and for each year succeeding the
date of revocation;
(c) Stating under oath in writing that he has not withheld
information from the Board which if disclosed would furnish grounds for
disciplinary action under this chapter; and
(d) Submitting all information required to complete the restoration
of his license.
(Added to NRS by 1977, 948; A 1981, 1133; 1997, 2129; 2005, 2727
, 2807 )
1. A licensee who retires from the practice of osteopathic
medicine need not annually renew his license after he files with the
Board an affidavit stating the date on which he retired from practice and
such other facts to verify his retirement as the Board deems necessary.
2. A retired licensee who desires to return to practice may apply
to renew his license by paying all back annual license renewal fees from
the date of retirement and submitting verified evidence satisfactory to
the Board that he has attended continuing education courses or programs
approved by the Board which total:
(a) Twenty-five hours if he has been retired 1 year or less.
(b) Fifty hours within 12 months of the date of the application if
he has been retired for more than 1 year.
3. A licensee who wishes to have his license placed on inactive
status must provide the Board with an affidavit stating the date on which
he will cease the practice of osteopathic medicine in Nevada and any
other facts that the Board may require. The Board shall place the license
of the licensee on inactive status upon receipt of:
(a) The affidavit required pursuant to this subsection; and
(b) Payment of the inactive license fee prescribed by NRS 633.501
.
4. A licensee whose license has been placed on inactive status:
(a) Need not annually renew his license.
(b) Shall annually pay the inactive license fee prescribed by NRS
633.501 .
(c) Shall not engage in the practice of osteopathic medicine in
this State.
5. A licensee whose license is on inactive status and who wishes
to renew his license to practice osteopathic medicine must:
(a) Provide to the Board verified evidence satisfactory to the
Board of completion of the total number of hours of continuing medical
education required for:
(1) The year preceding the date of the application for
renewal of the license to practice osteopathic medicine; and
(2) Each year succeeding the date the license was placed on
inactive status.
(b) Provide to the Board an affidavit stating that the applicant
has not withheld from the Board any information which would provide
grounds for disciplinary action pursuant to this chapter.
(c) Comply with all other requirements for renewal.
(Added to NRS by 1977, 949; A 2005, 263 )
The Board shall charge and collect fees not to
exceed the following amounts:
1. Application and initial license
fee........................................................................
. $800
2. Annual license renewal
fee........................................................................
.............. 500
3. Temporary license
fee........................................................................
....................... 500
4. Special license
fee........................................................................
............................. 200
5. Special license renewal
fee........................................................................
............... 200
6. Reexamination
fee........................................................................
.............................. 200
7. Late payment
fee........................................................................
............................... 300
8. For a certificate as an osteopathic physician’s
assistant................................... 500
9. Renewal of a certificate as an osteopathic physician’s
assistant...................... 300
10. For an application to employ an osteopathic physician’s
assistant............... 500
11. Inactive license
fee........................................................................
.......................... 200
(Added to NRS by 1977, 949; A 1983, 958; 1987, 404; 2001, 493
; 2005, 263 )
EMPLOYEES
1. An osteopathic physician or any agent or employee thereof shall
not retaliate or discriminate unfairly against an employee of the
osteopathic 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
osteopathic physician which may constitute grounds for initiating
disciplinary action against the osteopathic physician or which otherwise
raises a reasonable question regarding the competence of the osteopathic
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. An osteopathic physician or any agent or employee thereof shall
not retaliate or discriminate unfairly against an employee of the
osteopathic physician because the employee has taken an action described
in subsection 1.
3. An osteopathic 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
osteopathic 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, 21 ; A 2003, 325 )
An employee of an osteopathic physician who
believes that he has been retaliated or discriminated against in
violation of NRS 633.505 may file an
action in a court of competent jurisdiction for such relief as may be
appropriate under the law.
(Added to NRS by 2002 Special Session, 22 ; A 2003, 325 )
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, 3441 )
The
grounds for initiating disciplinary action pursuant to this chapter are:
1. Unprofessional conduct.
2. Conviction of:
(a) 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;
(b) A felony relating to the practice of osteopathic medicine;
(c) A violation of any of the provisions of NRS 616D.200 , 616D.220 , 616D.240 or 616D.300 to 616D.440 , inclusive;
(d) Murder, voluntary manslaughter or mayhem;
(e) Any felony involving the use of a firearm or other deadly
weapon;
(f) Assault with intent to kill or to commit sexual assault or
mayhem;
(g) Sexual assault, statutory sexual seduction, incest, lewdness,
indecent exposure or any other sexually related crime;
(h) Abuse or neglect of a child or contributory delinquency; or
(i) Any offense involving moral turpitude.
3. The suspension of the license to practice osteopathic medicine
by any other jurisdiction.
4. Gross or repeated malpractice, which may be evidenced by claims
of malpractice settled against a practitioner.
5. Professional incompetence.
6. Failure to comply with the requirements of NRS 633.527 .
7. Failure to comply with the requirements of subsection 3 of NRS
633.471 .
(Added to NRS by 1977, 949; A 1981, 594; 1987, 1559; 1991, 1074;
1993, 786; 2002 Special Session, 24 ; 2003, 2710 , 3442 ; 2005, 264 , 2528 )
An osteopathic physician is not subject to disciplinary
action solely for:
1. Prescribing or administering to a patient under his care:
(a) Amygdalin (laetrile), if the patient has consented to the use
of the substance.
(b) Procaine hydrochloride with preservatives and stabilizers
(Gerovital H3).
(c) 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 accepted standards for the practice of osteopathic
medicine.
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; 2003, 1435
)
Reports, Complaints, Investigations and Preliminary Proceedings
1. The Board shall require each holder of a license issued
pursuant to this chapter 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, 2515 )
1. The insurer of an osteopathic physician licensed under this
chapter shall report to the Board:
(a) Any action for malpractice against the osteopathic physician not
later than 45 days after the osteopathic physician receives service of a
summons and complaint for the action;
(b) Any claim for malpractice against the osteopathic 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 2002 Special Session, 22 ; A 2003, 3442 )
1. An osteopathic physician shall report to the Board:
(a) Any action for malpractice against the osteopathic physician
not later than 45 days after the osteopathic physician receives service
of a summons and complaint for the action;
(b) Any claim for malpractice against the osteopathic 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 osteopathic 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 an osteopathic physician has violated
any provision of this section, the Board may impose a fine of not more
than $5,000 against the osteopathic physician for each violation, in
addition to any other fines or penalties permitted by law.
3. All reports made by an osteopathic physician pursuant to this
section are public records.
(Added to NRS by 2003, 3441 )
If the Board receives
a report pursuant to the provisions of NRS 633.526 , 633.527 ,
690B.250 or 690B.260 indicating that a judgment has been rendered
or an award has been made against an osteopathic physician regarding an
action or claim for malpractice or that such an action or claim against
the osteopathic physician has been resolved by settlement, the Board
shall conduct an investigation to determine whether to impose
disciplinary action against the osteopathic 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, 3441 )
1. Notwithstanding the provisions of chapter 622A of NRS, if the Board receives a report pursuant to
the provisions of NRS 633.526 , 633.527
, 690B.250 or 690B.260 indicating that a judgment has been rendered
or an award has been made against an osteopathic physician regarding an
action or claim for malpractice or that such an action or claim against
the osteopathic physician has been resolved by settlement, the Board may
order that the osteopathic physician undergo a mental or physical
examination or an examination testing his competence to practice medicine
by osteopathic physicians or other examinations designated by the Board
to assist the Board or any investigative committee of the Board in
determining the fitness of the osteopathic physician to practice medicine.
2. For the purposes of this section:
(a) Every osteopathic physician who applies for a license or who
holds a license 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 osteopathic physician
are not privileged communications.
(Added to NRS by 2003, 3441 ; A 2005, 765 )
The Board
or any of its members, any medical review panel of a hospital or medical
society which becomes aware that any one or combination of the grounds
for initiating disciplinary action may exist as to a person practicing
osteopathic medicine in this State shall, and any other person who is so
aware may, file a written complaint specifying the relevant facts with
the Board.
(Added to NRS by 1977, 950; A 2001, 494 )
1. Any person, medical school or medical facility that becomes
aware that a person practicing osteopathic medicine 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 an
osteopathic physician’s privileges to practice osteopathic medicine while
the osteopathic physician is under investigation and the outcome of any
disciplinary action taken by that facility or society against the
osteopathic physician concerning the care of a patient or the competency
of the osteopathic 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 an osteopathic
physician or osteopathic physician’s assistant:
(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 every 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 osteopathic physicians pursuant to paragraph (e) of subsection
3.
(Added to NRS by 2002 Special Session, 23 )
1. When a complaint is filed with the Board, the Board shall
designate a member of the Board to review the complaint.
2. If the member of the Board determines that the complaint is not
frivolous, he shall conduct an investigation of the complaint to
determine whether there is a reasonable basis for the complaint. In
performing the investigation, the member of the Board may request the
assistance of the Attorney General or contract with a private
investigator designated by the Executive Director of the Board who is
licensed pursuant to chapter 648 of NRS or
any other person designated by the Executive Director of the Board.
3. If, after conducting the investigation pursuant to subsection
2, the member of the Board determines that there is a reasonable basis
for the complaint and that a violation of a provision of this chapter has
occurred, the member of the Board may file a formal complaint with the
Board specifying the grounds for disciplinary action.
(Added to NRS by 1977, 950; A 2001, 494 )
1. Notwithstanding the provisions of chapter 622A of NRS, if the Board or a member of the Board
designated to review a complaint pursuant to NRS 633.541 has reason to believe that the conduct of an
osteopathic physician has raised a reasonable question as to his
competence to practice osteopathic medicine with reasonable skill and
safety to patients, the Board or the member designated by the Board may
require the osteopathic physician to submit to a mental or physical
examination by physicians designated by the Board.
2. For the purposes of this section:
(a) Every physician who is licensed under this chapter who accepts
the privilege of practicing osteopathic medicine in this State shall be
deemed to have given his consent to submit to a mental or physical
examination if directed to do so in writing by the Board.
(b) The testimony or examination reports of the examining
physicians are not privileged communications.
3. Except in extraordinary circumstances, as determined by the
Board, the failure of a physician who is licensed under this chapter to
submit to an examination if directed as provided in this section
constitutes an admission of the charges against him.
(Added to NRS by 1977, 950; A 2001, 494 ; 2005, 766 )
Notwithstanding
the provisions of chapter 622A of NRS, if
the Board has reason to believe that the conduct of any osteopathic
physician has raised a reasonable question as to his competence to
practice osteopathic medicine with reasonable skill and safety to
patients, the Board may cause a medical competency examination of the
physician for purposes of determining his fitness to practice osteopathic
medicine with reasonable skill and safety to patients.
(Added to NRS by 1977, 951; A 2005, 766 )
Notwithstanding the provisions of
chapter 622A of NRS, if the Board issues an
order summarily suspending the license of an osteopathic physician
pending proceedings for disciplinary action and requires the physician to
submit to a mental or physical examination or a medical competency
examination, the examination shall be conducted and the results obtained
not later than 60 days after the Board issues its order.
(Added to NRS by 1977, 951; A 2005, 766 )
Notwithstanding the provisions of chapter 622A
of NRS, if the Board issues an order
summarily suspending the license of an osteopathic physician pending
proceedings for disciplinary action, the court shall not stay that order
unless the Board fails to institute and determine such proceedings as
promptly as the requirements for investigation of the case reasonably
allow.
(Added to NRS by 1977, 951; A 2005, 766 )
1. In addition to any other remedy provided by law, the Board,
through its President or Secretary or the Attorney General, may apply to
any court of competent jurisdiction to enjoin any unprofessional conduct
of an osteopathic physician which is harmful to the public or to limit
the physician’s practice or suspend his license to practice medicine as
provided in this section.
2. The court in a proper case may issue a temporary restraining
order or a preliminary injunction for such purposes:
(a) Without proof of actual damage sustained by any person, this
provision being a preventive as well as punitive measure; and
(b) Pending proceedings for disciplinary action by the Board.
Notwithstanding the provisions of chapter 622A of NRS, such proceedings shall be instituted and
determined as promptly as the requirements for investigation of the case
reasonably allow.
(Added to NRS by 1977, 951; A 2005, 767 )
Repealed.
(See chapter 225, Statutes of Nevada 2005, at page 807 .)
Disciplinary Proceedings
Notwithstanding the
provisions of chapter 622A of NRS, if the
Board receives a report pursuant to subsection 5 of NRS 228.420 , a disciplinary proceeding regarding the
report must be commenced within 30 days after the Board receives the
report.
(Added to NRS by 1977, 951; A 1993, 787; 2001, 495 ; 2005, 264 , 767 ; 2005, 22nd Special Session, 108 )
1. Any osteopathic physician against whom the Board initiates
disciplinary action pursuant to this chapter shall, within 30 days after
the osteopathic 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 an osteopathic physician to comply with
the requirements of subsection 1 constitutes additional grounds for
disciplinary action and the revocation of the license of the osteopathic
physician.
3. The Board has additional grounds for initiating disciplinary
action against an osteopathic physician if the report from the Federal
Bureau of Investigation indicates that the osteopathic physician has been
convicted of:
(a) An act that is a ground for disciplinary action pursuant to NRS
633.511 ; or
(b) A felony set forth in NRS 633.741 .
(Added to NRS by 2005, 2527 )
Except as otherwise provided in
chapter 622A of NRS:
1. Service of process made under this chapter shall be either
personal or by registered or certified mail with return receipt
requested, addressed to the osteopathic physician at his last known
address, as indicated on the records of the Board, if possible. If
personal service cannot be made and if mail notice is returned
undelivered, the Secretary of the Board shall cause notice of hearing to
be published once a week for 4 consecutive weeks in a newspaper published
in the county of the physician’s last known address 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 shall be filed with the Secretary of the Board and shall be
recorded in the minutes of the Board.
(Added to NRS by 1977, 951; A 2005, 767 )
Notwithstanding the
provisions of chapter 622A of NRS, in any
disciplinary proceeding before the Board, a hearing officer or a panel:
1. Proof of actual injury need not be established where the formal
complaint charges deceptive or unethical professional conduct or medical
practice harmful to the public.
2. A certified copy of the record of a court or a licensing agency
showing a conviction or the suspension or revocation of a license to
practice osteopathic medicine is conclusive evidence of its occurrence.
(Added to NRS by 1977, 952; A 2001, 495 ; 2005, 264 , 767 ; 2005, 22nd Special Session, 108 )
1. If the Board finds a person guilty in a disciplinary
proceeding, it shall by order take one or more of the following actions:
(a) Place the person on probation for a specified period or until
further order of the Board.
(b) Administer to the person a public reprimand.
(c) Limit the practice of the person to, or by the exclusion of,
one or more specified branches of osteopathic medicine.
(d) Suspend the license of the person to practice osteopathic
medicine for a specified period or until further order of the Board.
(e) Revoke the license of the person to practice osteopathic
medicine.
Ê The order of the Board may contain such other terms, provisions or
conditions as the Board deems proper and which are not inconsistent with
law.
2. The Board shall not administer a private reprimand.
3. 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, 952; A 2001, 495 ; 2003, 3443 ; 2005, 768 )
The Board may delegate its authority to conduct a hearing
concerning the discipline of a licensee pursuant to chapter 622A of NRS to:
1. A person; or
2. A group of such members of the Board as the President of the
Board may designate from time to time, which group must consist of not
less than three members of the Board, at least one of whom was appointed
to the Board pursuant to subsection 2 or 3 of NRS 633.191 .
(Added to NRS by 2005, 259 ; A 2005, 22nd Special Session, 96 )
A hearing
officer or panel has all the powers that are necessary to conduct a
hearing concerning the discipline of a licensee pursuant to chapter 622A
of NRS.
(Added to NRS by 2005, 259 ; A 2005, 22nd Special Session, 97 )
1. Any person who has been placed on probation or whose license
has been limited, suspended or revoked by the Board is entitled to
judicial review of the Board’s order as provided by law.
2. Every order of the Board which limits the practice of medicine
or suspends or revokes a license is effective from the date the Secretary
certifies the order until the date the order is modified or reversed by a
final judgment of 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, 952; A 1979, 958; 1989, 1658)
1. Any person:
(a) Whose practice of osteopathic medicine has been limited; or
(b) Whose license to practice osteopathic medicine has been:
(1) Suspended until further order; or
(2) Revoked,
Ê may apply to the Board after a reasonable period for removal of the
limitation or suspension or may apply to the Board pursuant to the
provisions of chapter 622A of NRS for
reinstatement of his revoked license.
2. In hearing the application, the Board:
(a) May require the person to submit to a mental or physical
examination by physicians whom 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.
(Added to NRS by 1977, 953; A 2005, 768 )
Miscellaneous Provisions
In addition to any other
immunity provided by the provisions of chapter 622A of NRS, the Board, a medical review panel of a
hospital, a hearing officer, a panel of the Board, or any person who or
other organization which initiates or assists in any lawful investigation
or proceeding concerning the discipline of an osteopathic physician for
gross malpractice, repeated malpractice, professional incompetence or
unprofessional conduct is immune from any civil action for such
initiation or assistance or any consequential damages, if the person or
organization acted without malicious intent.
(Added to NRS by 1977, 953; A 2001, 496 ; 2005, 265 , 768 ; 2005, 22nd Special Session, 108 )
The filing and review of a complaint and any subsequent
disposition by the Board, the member designated by the Board to review a
complaint pursuant to NRS 633.541 or
any reviewing court do not preclude:
1. Any measure by a hospital or other institution to limit or
terminate the privileges of an osteopathic physician according to its
rules or the custom of the profession. No civil liability attaches to any
such action taken without malice even if the ultimate disposition of the
complaint is in favor of the physician.
2. Any appropriate criminal prosecution by the Attorney General or
a district attorney based upon the same or other facts.
(Added to NRS by 1977, 953; A 2001, 496 )
[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 osteopathic medicine, 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 osteopathic
medicine that has been suspended by a district court pursuant to NRS
425.540 if:
(a) 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 ; and
(b) The person whose license was suspended pays the fee for late
payment prescribed in NRS 633.501 .
(Added to NRS by 1997, 2127; A 2005, 2807 )
INJUNCTIVE RELIEF; PROSECUTION; PENALTIES
1. The Board through its President or Secretary or the Attorney
General may maintain in any court of competent jurisdiction a suit for an
injunction against any person practicing osteopathic medicine without a
license valid under this chapter.
2. Such an injunction:
(a) May be issued without proof of actual damage sustained by any
person, this provision being a preventive as well as a punitive measure.
(b) Shall not relieve such person from criminal prosecution for
practicing without a license.
(Added to NRS by 1977, 953)
In a criminal complaint charging any person
with practicing osteopathic medicine without a license, it is sufficient
to charge that he did, upon a certain day, and in a certain county of
this State, engage in the practice of osteopathic medicine without having
a valid license to do so, without averring any further or more particular
facts concerning the violation.
(Added to NRS by 1977, 953)
In a manner consistent with the provisions of chapter
622A of NRS, the Board shall cause the
prosecution of all persons who commit any act prohibited by this chapter.
The Board may employ investigators and such other assistants as may be
necessary to carry into effect the provisions of this chapter.
(Added to NRS by 1977, 954; A 2005, 769 )
A person who:
1. Except as otherwise provided in NRS 629.091 , practices osteopathic medicine:
(a) Without a license valid under this chapter; or
(b) Beyond the limitations ordered upon his practice by the Board
or the court;
2. Presents as his own the diploma, license or credentials of
another;
3. Gives either false or forged evidence of any kind to the Board
or any of its members in connection with an application for a license or
an application to employ an osteopathic physician’s assistant;
4. Files for record the license issued to another, falsely
claiming himself to be the person named in the license, or falsely
claiming himself to be the person entitled to the license;
5. Practices osteopathic medicine under a false or assumed name or
falsely personates another licensee of a like or different name;
6. Holds himself out as an osteopathic physician’s assistant or
who uses any other term indicating or implying that he is an osteopathic
physician’s assistant, unless he has been approved by the Board, as
provided in this chapter; or
7. Employs a person as an osteopathic physician’s assistant before
such employment is approved as provided in this chapter,
Ê is guilty of a category D felony and shall be punished as provided in
NRS 193.130 .
(Added to NRS by 1977, 954; A 1979, 1490; 1995, 752, 1310, 1333)
