[Rev. 11/21/2013 12:47:05
PM--2013]
CHAPTER 633 - OSTEOPATHIC MEDICINE
GENERAL PROVISIONS
NRS 633.011 Definitions.
NRS 633.021 “Board”
defined.
NRS 633.025 “Complaint”
defined.
NRS 633.033 “Formal
complaint” defined.
NRS 633.041 “Gross
malpractice” defined.
NRS 633.051 “Healing
art” defined.
NRS 633.055 “Hearing
officer” defined.
NRS 633.061 “Hospital
internship” defined.
NRS 633.071 “Malpractice”
defined.
NRS 633.075 “Medical
assistant” defined.
NRS 633.081 “Osteopathic
medicine” and “osteopathy” defined.
NRS 633.091 “Osteopathic
physician” defined.
NRS 633.105 “Panel”
defined.
NRS 633.107 “Physician
assistant” defined.
NRS 633.108 “Practice
of osteopathic medicine” defined.
NRS 633.111 “Professional
incompetence” defined.
NRS 633.121 “School
of osteopathic medicine” defined.
NRS 633.123 “Supervising
osteopathic physician” defined.
NRS 633.131 “Unprofessional
conduct” defined.
NRS 633.151 License
as revocable privilege.
NRS 633.161 Rights
and duties of osteopathic physicians.
NRS 633.165 Telemedicine:
Requirements for practice; exceptions; scope.
NRS 633.171 Applicability.
STATE BOARD OF OSTEOPATHIC
MEDICINE
NRS 633.181 Number
and appointment of members.
NRS 633.191 Qualifications
of members.
NRS 633.201 Terms
and replacement of members.
NRS 633.211 Oaths
of office.
NRS 633.213 Acknowledgment
of statutory ethical standards.
NRS 633.221 Officers.
NRS 633.231 Meetings;
quorum.
NRS 633.241 Compensation
of members and employees.
NRS 633.251 Fiscal
year.
NRS 633.261 Payment
of Board’s expenses from fees; deposit of money received by Board.
NRS 633.271 Executive
Director; offices; employees.
NRS 633.281 Oaths;
subpoenas.
NRS 633.283 Board
required to notify Division of Public and Behavioral Health of Department of
Health and Human Services upon identification of certain sentinel events.
NRS 633.286 Reports
to Governor and Legislature.
NRS 633.291 Regulations.
NRS 633.301 Records;
confidentiality of certain records; exceptions.
LICENSING
General Provisions
NRS 633.305 Applications:
Filing; action by Board.
NRS 633.307 Payment
of child support: Submission of certain information by applicant; grounds for
denial of license; duty of Board. [Effective until the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 633.307 Payment
of child support: Submission of certain information by applicant; grounds for
denial of license; duty of Board. [Effective on the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings and
expires by limitation 2 years after that date.]
NRS 633.309 Submission
of fingerprints.
NRS 633.311 Qualifications
of applicants.
NRS 633.315 Effect
of revocation of medical license in another jurisdiction for gross medical
negligence.
NRS 633.322 Submission
of certificate of completion of progressive postgraduate training and, if
applicable, proof of completion of certain postgraduate training program.
NRS 633.324 Submission
of certain information concerning claims for malpractice, complaints and
disciplinary action involving applicant.
NRS 633.331 Examinations.
NRS 633.341 Reexaminations.
NRS 633.351 Right
of appeal of unsuccessful applicant.
NRS 633.361 Issuance
of license without examination.
NRS 633.3615 License
to practice osteopathic medicine to bear seal and signatures of Board’s
officers; authority to practice osteopathic medicine.
NRS 633.3617 Nondisciplinary
condition, limitation or restriction placed on license by Board.
NRS 633.3619 Board
prohibited from issuing or renewing license unless applicant attests to certain
information related to safe and appropriate injection practices.
NRS 633.371 Display
of license to practice osteopathic medicine.
Special Categories
NRS 633.381 Licenses
issued before July 1, 1977, remain effective.
NRS 633.391 Temporary
license to practice osteopathic medicine.
NRS 633.400 License
by endorsement for person with license to practice osteopathic medicine from
District of Columbia or any state or territory of United States.
NRS 633.401 Special
licenses to practice osteopathic medicine: Physician from adjoining state;
resident enrolled in postgraduate training program; specified purposes.
NRS 633.411 Special
licenses to practice osteopathic medicine: Resident medical officer;
professional employee of State or United States.
NRS 633.415 Special
licenses to practice osteopathic medicine: Graduate of foreign school who
intends to teach, research or practice clinical osteopathic medicine in this
State; specified purposes.
NRS 633.416 Special
volunteer license to practice osteopathic medicine.
NRS 633.417 Authorized
facility license to practice osteopathic medicine as psychiatrist in certain
mental health centers.
NRS 633.418 Authorized
facility license to practice as osteopathic physician in institution of
Department of Corrections.
NRS 633.419 Special
event license to demonstrate medical techniques and procedures; regulations.
Physician Assistants and Supervising
Osteopathic Physicians
NRS 633.432 Physician
assistants: Authorized services.
NRS 633.433 Physician
assistants: Issuance and conditions of license.
NRS 633.434 Physician
assistants: Board to adopt regulations concerning licensure.
NRS 633.442 Physician
assistants: Display of license.
NRS 633.452 Physician
assistants: Rendering of emergency care.
NRS 633.466 Physician
assistants: Supervision by physician.
NRS 633.467 Persons
prohibited from acting as supervising osteopathic physician.
NRS 633.468 Supervising
osteopathic physicians: Right to refuse to act as supervising osteopathic
physician; certain agreements void.
NRS 633.469 Supervising
osteopathic physicians: Requirements of supervision.
Renewal
NRS 633.471 Prerequisites;
notice to licensee; evidence of continuing medical education; exemption from
fee.
NRS 633.481 Expiration
of license for failure to renew; waiver of requirements for continuing
education; restoration of license.
NRS 633.491 Retired
licensees; inactive status; procedure to restore active status.
Fees
NRS 633.501 Fees;
costs of special meetings.
EMPLOYEES
NRS 633.505 Osteopathic
physician prohibited from retaliating or discriminating against certain persons
for reporting or participating in investigation or proceeding relating to
sentinel event or conduct of osteopathic physician or other persons or refusing
to engage in unlawful conduct; restriction of right prohibited.
NRS 633.507 Legal
remedy for certain retaliation or discrimination: Filing of action; damages;
interest; equitable relief; rebuttable presumption in certain circumstances;
civil penalty; limitation of action.
REGULATION AND DISCIPLINE
General Provisions
NRS 633.509 Jurisdiction
of Board over licensee unaffected by expiration or voluntary surrender of
license.
NRS 633.510 Authority
of Board or investigative committee to issue letter of warning, letter of
concern or nonpunitive admonishment.
NRS 633.511 Grounds
for initiating disciplinary action.
NRS 633.512 Inspection
of premises by Board.
NRS 633.521 Prescribing
or administering certain drugs or controlled substances or engaging in activity
relating to medical use of marijuana not grounds for disciplinary action under
certain circumstances.
NRS 633.522 Authority
of Board to adopt regulations governing supervision of medical assistants.
Reports, Complaints,
Investigations and Preliminary Proceedings
NRS 633.524 Osteopathic
physician required to report certain information concerning surgeries and
sentinel events; effect of failure to report; duties of Board; confidentiality
of report; applicability.
NRS 633.526 Insurer
of osteopathic physician or physician assistant required to report certain information
concerning malpractice; administrative penalties for failure to report.
NRS 633.527 Osteopathic
physician and physician assistant required to report certain information
concerning malpractice and sanctions imposed against osteopathic physician or
physician assistant; administrative penalties for failure to report; reports
deemed public records.
NRS 633.528 Board
required to conduct investigation after receiving certain reports concerning
malpractice.
NRS 633.529 Board
authorized to order certain examinations of osteopathic physician or physician
assistant after receiving certain reports concerning malpractice.
NRS 633.531 Mandatory
or optional filing of complaint; retention of complaints.
NRS 633.533 General
requirements for filing complaint; medical facilities and societies required to
report certain information concerning privileges and disciplinary action;
administrative penalties for failure to report; clerk of court required to
report certain information concerning court actions.
NRS 633.541 Review
of complaint by designated member of Board; investigation of complaint; formal
complaint.
NRS 633.542 Practicing
or offering to practice without license: Reporting requirements of Board.
NRS 633.561 Mental
or physical examination.
NRS 633.571 Examination
of medical competency.
NRS 633.581 Summary
suspension of license: Issuance of order; hearing; limitation on time for
completing examination.
NRS 633.591 Summary
suspension of license: Stay by court of Board’s order prohibited; exception.
NRS 633.601 Injunctive
relief.
Disciplinary Proceedings
NRS 633.621 Commencement
of disciplinary proceedings required for certain violations of Industrial
Insurance Act.
NRS 633.625 Submission
of fingerprints required upon initiation of disciplinary action; additional
grounds for disciplinary action.
NRS 633.631 Service
of process.
NRS 633.641 Requirements
for proof.
NRS 633.643 Standard
of proof.
NRS 633.651 Required
disciplinary action for violations; private reprimands prohibited; orders
imposing discipline deemed public records.
NRS 633.660 Hearing
officers and panels: Delegation of authority by Board.
NRS 633.665 Hearing
officers and panels: Powers.
NRS 633.671 Judicial
review.
NRS 633.681 Reinstatement
of license to practice osteopathic medicine or to practice as physician
assistant.
Miscellaneous Provisions
NRS 633.691 Immunity
from civil action; Board prohibited from taking certain action against
osteopathic physician or physician assistant for disclosing violations to
governmental entity or cooperating in related investigation, hearing or
inquiry.
NRS 633.693 Performance
of laser eye surgery or intense pulsed light therapy without proper training.
NRS 633.694 Administration
of anesthesia or sedation.
NRS 633.695 Authority
of nonprofit medical school or research institution to operate as corporation,
operate clinic in conjunction with school or research facility and retain
portion of money generated by clinic.
NRS 633.701 Limitation
or termination of licensee’s privileges or criminal prosecution not precluded
by disciplinary action; immunity from civil liability.
NRS 633.706 Suspension
of license for failure to pay child support or comply with certain subpoenas or
warrants; reinstatement of license. [Effective until 2 years after the date of
the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
NRS 633.707 Osteopathic
physician authorized to issue order for public or private school to obtain and
maintain auto-injectable epinephrine at school; definitions.
INJUNCTIVE RELIEF; PROSECUTION;
PENALTIES
NRS 633.711 Injunctive
relief against person practicing without license.
NRS 633.721 Sufficiency
of allegations in criminal complaint charging unlawful practice.
NRS 633.731 Prosecution
of violators; employment of investigators and assistants.
NRS 633.741 Unlawful
acts; penalties.
_________
GENERAL PROVISIONS
NRS 633.011 Definitions. 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; 2009, 2979;
2011, 2613)
NRS 633.021 “Board” defined. “Board”
means the State Board of Osteopathic Medicine.
(Added to NRS by 1977, 939)
NRS 633.025 “Complaint” defined. “Complaint”
means a written complaint filed with the Board pursuant to the provisions of NRS 633.531.
(Added to NRS by 2001, 491)
NRS 633.033 “Formal complaint” defined. “Formal
complaint” means a complaint filed with the Board pursuant to the provisions of
NRS 633.541.
(Added to NRS by 2001, 491)
NRS 633.041 “Gross malpractice” defined. “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)
NRS 633.051 “Healing art” defined. “Healing
art” means any system, treatment, operation, diagnosis, prescription or
practice for the ascertainment, cure, relief, palliation, adjustment or
correction of any human disease, ailment, deformity, injury, or unhealthy or
abnormal physical or mental condition for the practice of which long periods of
specialized education and training and a degree of specialized knowledge of an
intellectual as well as physical nature are required.
(Added to NRS by 1977, 940)
NRS 633.055 “Hearing officer” defined. “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)
NRS 633.061 “Hospital internship” defined. “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)
NRS 633.071 “Malpractice” defined. “Malpractice”
means failure on the part of an osteopathic physician or physician assistant to
exercise the degree of care, diligence and skill ordinarily exercised by
osteopathic physicians or physician assistants in good standing in the
community in which he or she practices.
(Added to NRS by 1977, 940; A 2011, 1033)
NRS 633.075 “Medical assistant” defined.
1. “Medical assistant” means a person who:
(a) Performs clinical tasks under the supervision
of an osteopathic physician or physician assistant; and
(b) Does not hold a license, certificate or
registration issued by a professional licensing or regulatory board in this
State to perform such clinical tasks.
2. The term does not include a person who
performs only administrative, clerical, executive or other nonclinical tasks.
(Added to NRS by 2011, 2613)
NRS 633.081 “Osteopathic medicine” and “osteopathy” defined. “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)
NRS 633.091 “Osteopathic physician” defined. “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)
NRS 633.105 “Panel” defined. “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)
NRS 633.107 “Physician assistant” defined. “Physician
assistant” means a person who is a graduate of an academic program approved by
the Board or who, by general education, practical training and experience
determined to be satisfactory by the Board, is qualified to perform medical
services under the supervision of a supervising osteopathic physician and who
has been issued a license by the Board.
(Added to NRS by 1977, 940; A 2007, 1833)—(Substituted
in revision for NRS 633.101)
NRS 633.108 “Practice of osteopathic medicine” defined. “Practice of osteopathic medicine” includes,
without limitation, the performance of an autopsy.
(Added to NRS by 2009, 2976)
NRS 633.111 “Professional incompetence” defined. “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)
NRS 633.121 “School of osteopathic medicine” defined. “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)
NRS 633.123 “Supervising osteopathic physician” defined. “Supervising osteopathic physician” means an
osteopathic physician who is licensed in this State, is in good standing with
the Board and supervises a physician assistant with Board approval.
(Added to NRS by 1977, 939; A 2007, 1833)—(Substituted
in revision for NRS 633.031)
NRS 633.131 “Unprofessional conduct” defined.
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 to practice as a physician assistant, or in
applying for the renewal of a license to practice osteopathic medicine or to
practice as a physician assistant.
(b) Failure of a person who is licensed to
practice osteopathic medicine to identify himself or herself professionally by
using 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
or her 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 in
practice as a physician assistant, or the aiding or abetting of any unlicensed
person to practice osteopathic medicine or to practice as a physician
assistant.
(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, other than the use of silicone oil to repair a retinal detachment.
(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.
(r) Providing false, misleading or deceptive
information to the Board in connection with an investigation conducted by the
Board.
2. It is not unprofessional conduct:
(a) For persons holding valid licenses to
practice osteopathic medicine 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 to practice osteopathic medicine 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 person; or
(c) For a person licensed to practice osteopathic
medicine 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; 2007, 1833; 2009, 2979;
2011, 1034)
NRS 633.151 License as revocable privilege. The
purpose of licensing osteopathic physicians and physician 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; A 2007, 1835)
NRS 633.161 Rights and duties of osteopathic physicians.
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)
NRS 633.165 Telemedicine: Requirements for practice; exceptions; scope.
1. An osteopathic physician may engage in
telemedicine from within or outside this State or the United States if he or
she possesses an unrestricted license to practice osteopathic medicine in this
State pursuant to this chapter. An osteopathic physician who engages in
telemedicine:
(a) Except as otherwise provided by specific
statute or regulation, shall comply with the provisions of this chapter and the
regulations of the Board; and
(b) To the extent not inconsistent with the
Nevada Constitution or the United States Constitution, is subject to the
jurisdiction of the courts of this State.
2. If an osteopathic physician engages in
telemedicine with a patient who is physically located in another state or
territory of the United States, the osteopathic physician shall, before
engaging in telemedicine with the patient, take any steps necessary to be
authorized or licensed to practice osteopathic medicine in the other state or
territory of the United States in which the patient is physically located.
3. Except as otherwise provided in
subsections 4 and 5, before an osteopathic physician may engage in telemedicine
pursuant to this section:
(a) A bona fide relationship between the
osteopathic physician and the patient must exist which must include, without
limitation, a history and an examination or consultation which occurred in
person or through the use of telemedicine and which was sufficient to establish
a diagnosis and identify any underlying medical conditions of the patient.
(b) The osteopathic physician must obtain
informed consent from the patient or the legal representative of the patient to
engage in telemedicine with the patient. The osteopathic physician shall
document the consent as part of the permanent medical record of the patient.
(c) The osteopathic physician must inform the patient:
(1) That the patient or the legal
representative of the patient may withdraw the consent provided pursuant to
paragraph (b) at any time;
(2) Of the potential risks, consequences
and benefits of telemedicine;
(3) Whether the osteopathic physician has
a financial interest in the Internet website used to engage in telemedicine or
in the products or services provided to the patient via telemedicine; and
(4) That the transmission of any
confidential medical information while engaged in telemedicine is subject to
all applicable federal and state laws with respect to the protection of and
access to confidential medical information.
4. An osteopathic physician is not
required to comply with the provisions of paragraph (a) of subsection 3 if the
osteopathic physician engages in telemedicine for the purposes of making a
diagnostic interpretation of a medical examination, study or test of the
patient.
5. An osteopathic physician is not
required to comply with the provisions of paragraph (a) or (c) of subsection 3
in an emergency medical situation.
6. The provisions of this section must not
be interpreted or construed to:
(a) Modify, expand or alter the scope of practice
of an osteopathic physician pursuant to this chapter; or
(b) Authorize the practice of osteopathic
medicine or delivery of care by an osteopathic physician in a setting that is
not authorized by law or in a manner that violates the standard of care
required of an osteopathic physician pursuant to this chapter.
7. As used in this section, “telemedicine”
means the practice of osteopathic medicine by using equipment that transfers
information concerning the medical condition of a patient electronically,
telephonically or by fiber optics.
(Added to NRS by 2011, 1032;
A 2013,
2017)
NRS 633.171 Applicability.
1. This chapter does not apply to:
(a) The practice of medicine or perfusion
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 Forces or a
medical officer of any division or department of the United States in the
discharge of his or her official duties, including, without limitation,
providing medical care in a hospital in accordance with an agreement entered
into pursuant to NRS 449.2455.
(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; 2009, 871, 2980)
STATE BOARD OF OSTEOPATHIC MEDICINE
NRS 633.181 Number and appointment of members. The
State Board of Osteopathic Medicine consists of seven members appointed by the
Governor.
(Added to NRS by 1977, 942; A 2003, 1192)
NRS 633.191 Qualifications of members.
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)
NRS 633.201 Terms and replacement of members.
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)
NRS 633.211 Oaths of office. Before
entering upon the duties of his or her office, each member of the Board shall
take:
1. The constitutional oath of office; and
2. An oath that the member is legally
qualified to serve on the Board.
(Added to NRS by 1977, 943)
NRS 633.213 Acknowledgment of statutory ethical standards.
1. Each member of the Board shall comply
with the provisions of NRS 281A.500.
2. Each member of the Board shall provide
a copy of the acknowledgment filed pursuant to NRS 281A.500 to the Executive Director
of the Board, and the Executive Director shall retain an acknowledgment
provided pursuant to this section for 6 years after the date on which the
acknowledgment was provided to the Executive Director.
(Added to NRS by 2009, 1017)
NRS 633.221 Officers. The Board
shall elect from its members a President, a Vice President and a
Secretary-Treasurer, who shall hold their respective offices at the pleasure of
the Board.
(Added to NRS by 1977, 943; A 2011, 1035)
NRS 633.231 Meetings; quorum.
1. The Board shall meet at least twice
annually and may meet at other times on the call of the President or a majority
of its members.
2. A majority of the Board constitutes a
quorum to transact all business.
(Added to NRS by 1977, 943)
NRS 633.241 Compensation of members and employees.
1. Each member of the Board is entitled to
receive:
(a) A salary of not more than $150 per day, as
fixed by the Board, while engaged in 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; 2007, 2947)
NRS 633.251 Fiscal year. The
Board shall operate on the basis of a fiscal year commencing on July 1 and
terminating on June 30.
(Added to NRS by 1977, 943)
NRS 633.261 Payment of Board’s expenses from fees; deposit of money received
by Board.
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)
NRS 633.271 Executive Director; offices; employees. 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)
NRS 633.281 Oaths; subpoenas.
1. For the purposes of this chapter:
(a) The Secretary of the Board, or in the
Secretary’s 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
or her,
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 the witness
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)
NRS 633.283 Board required to notify Division of Public and Behavioral
Health of Department of Health and Human Services upon identification of
certain sentinel events.
1. The Board shall immediately notify the
Division of Public and Behavioral Health of the Department of Health and Human
Services if the Board identifies a sentinel event which is required to be
reported by a medical facility pursuant to NRS
439.835.
2. Except as otherwise provided in NRS 239.0115, any information provided to
the Division of Public and Behavioral Health pursuant to this section relating
to the identification of a sentinel event is confidential, not subject to
subpoena or discovery and not subject to inspection by the general public.
(Added to NRS by 2009, 3071)
NRS 633.286 Reports to Governor and Legislature.
1. On or before February 15 of each
odd-numbered year, the Board shall submit to the Governor and to the Director
of the 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 and physician assistants
for malpractice or negligence;
(b) Information reported to the Board during the
previous biennium pursuant to NRS 633.526, 633.527, subsections 3 and 6 of NRS
633.533 and NRS 690B.250 and 690B.260; and
(c) Information reported to the Board during the
previous biennium pursuant to NRS 633.524,
including, without limitation, the number and types of surgeries performed by
each holder of a license to practice osteopathic medicine and the occurrence of
sentinel events arising from such surgeries, if any.
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; 2007, 1835; 2009, 2981;
2011, 1035,
2864)
NRS 633.291 Regulations. 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)
NRS 633.301 Records; confidentiality of certain records; exceptions.
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 and every
physician assistant licensed under this chapter.
2. Except as otherwise provided in this
section and NRS 239.0115, 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 Board shall, to the extent
feasible, communicate or cooperate with or provide 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; 2007, 1835, 2136; 2013, 2224)
LICENSING
General Provisions
NRS 633.305 Applications: Filing; action by Board.
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 the applicant meets any 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 NRS 633.501.
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
the Board has cause to believe that any credential or information submitted by
the applicant is false, misleading, deceptive or fraudulent.
(Added to NRS by 1977, 945; A 1997, 2128; 2001, 492; 2005, 2725, 2807; 2007, 1836; 2011, 1035)—(Substituted
in revision for NRS 633.321)
NRS 633.307 Payment of child support: Submission of certain information by
applicant; grounds for denial of license; duty of Board. [Effective until the
date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. In addition to any other requirements
set forth in this chapter:
(a) An applicant for the issuance of a license
pursuant to this chapter 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 pursuant to this chapter 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 may not be issued or renewed
pursuant to this chapter by the Board if the applicant:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the Board
shall advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant may take
to satisfy the arrearage.
(Added to NRS by 1997, 2126; A 2005, 2726, 2807; 2009, 1854)—(Substituted
in revision for NRS 633.326)
NRS 633.307 Payment of child support:
Submission of certain information by applicant; grounds for denial of license;
duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings and expires by
limitation 2 years after that date.]
1. In addition to any other requirements
set forth in this chapter, an applicant for the issuance or renewal of a
license pursuant to this chapter 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 may not be issued or renewed
pursuant to this chapter by the Board if the applicant:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the Board
shall advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant may take
to satisfy the arrearage.
(Added to NRS by 1997, 2126; A 2005, 2726, 2807; 2009, 1854,
1855,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)—(Substituted in revision for NRS
633.326)
NRS 633.309 Submission of fingerprints. In
addition to any other requirements set forth in this chapter, each applicant
for a license, except a temporary or special license, must submit to the Board
a complete set of fingerprints and written permission authorizing the Board to
forward the fingerprints to the Central Repository for Nevada Records of
Criminal History for submission to the Federal Bureau of Investigation for its
report.
(Added to NRS by 2003, 1174; A 2005, 2527; 2007, 1836)—(Substituted
in revision for NRS 633.328)
NRS 633.311 Qualifications of applicants. 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. The applicant is 21 years of age or
older;
2. The applicant is a citizen of the
United States or is lawfully entitled to remain and work in the United States;
3. The applicant is a graduate of a school
of osteopathic medicine;
4. The applicant:
(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, or such other length
of time as required by a specific program, 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 or she will complete the
program;
5. The applicant applies for the license
as provided by law;
6. The applicant 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 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) that is approved by the
Board;
7. The applicant pays the fees provided
for in this chapter; and
8. The applicant 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; 2011, 1036)
NRS 633.315 Effect of revocation of medical license in another jurisdiction
for gross medical negligence.
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)
NRS 633.322 Submission of certificate of completion of progressive
postgraduate training and, if applicable, proof of completion of certain
postgraduate training program. In
addition to the other requirements for licensure to practice osteopathic
medicine, an applicant shall cause to be submitted to the Board:
1. A certificate of completion of
progressive postgraduate training from the residency program where the
applicant received training; and
2. If applicable, proof of satisfactory
completion of a postgraduate training program specified in paragraph (c) of
subsection 4 of NRS 633.311 within 120 days after
the scheduled completion of the program.
(Added to NRS by 2003, 3441; A 2007, 1836; 2009, 2982)
NRS 633.324 Submission of certain information concerning claims for
malpractice, complaints and disciplinary action involving applicant.
1. In addition to the other requirements
for licensure, an applicant for a license to practice 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)
NRS 633.331 Examinations.
1. Examinations may be held 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; 2009, 2982)
NRS 633.341 Reexaminations.
1. If an applicant fails in a first
examination, the applicant may be reexamined after not less than 6 months.
2. If the applicant fails in a second
examination, the applicant is not thereafter entitled to another examination within
less than 1 year after the date of the second examination, and prior thereto he
or she 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 the applicant appears for
examination.
(Added to NRS by 1977, 945; A 2001, 492)
NRS 633.351 Right of appeal of unsuccessful applicant. An unsuccessful applicant may appeal to the
district court to review the action of the Board, if the applicant files the
appeal within 30 days after the date on which the order rejecting the
application is issued 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; A 2011, 1037)
NRS 633.361 Issuance of license without examination.
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)
NRS 633.3615 License to practice osteopathic medicine to bear seal and
signatures of Board’s officers; authority to practice osteopathic medicine. Each license to practice osteopathic medicine
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; A 2007, 1837)—(Substituted
in revision for NRS 633.421)
NRS 633.3617 Nondisciplinary condition, limitation or restriction placed on
license by Board.
1. The Board may place any condition,
limitation or restriction on any license issued pursuant to this chapter if the
Board determines that such action is necessary to protect the public health,
safety or welfare.
2. The Board shall not report any
condition, limitation or restriction placed on a license pursuant to this
section to the National Practitioner Data Bank unless the licensee fails to
comply with the condition, limitation or restriction placed on the license. The
Board may, upon request, report any such information to an agency of another
state which regulates the practice of osteopathic medicine in that State.
3. The Board may modify any condition,
limitation or restriction placed on a license pursuant to this section if the
Board determines that the modification is necessary to protect the public
health, safety or welfare.
4. Any condition, limitation or restriction
placed on a license pursuant to this section is not a disciplinary action
pursuant to NRS 633.651.
(Added to NRS by 2011, 1033)
NRS 633.3619 Board prohibited from issuing or renewing license unless
applicant attests to certain information related to safe and appropriate
injection practices. The Board
shall not issue or renew a license to practice osteopathic medicine or as a physician
assistant unless the applicant for issuance or renewal of the license attests
to knowledge of and compliance with the guidelines of the Centers for Disease
Control and Prevention concerning the prevention of transmission of infectious
agents through safe and appropriate injection practices.
(Added to NRS by 2011, 2055)
NRS 633.371 Display of license to practice osteopathic medicine. Every license to practice osteopathic medicine
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; 2007, 1836)
Special Categories
NRS 633.381 Licenses issued before July 1, 1977, remain effective. 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)
NRS 633.391 Temporary license to practice osteopathic medicine.
1. The Board may issue to a qualified person
a temporary license to practice osteopathic medicine in this State which
authorizes the person to serve as a substitute for a physician licensed
pursuant to chapter 630 of NRS or an osteopathic
physician licensed pursuant to this chapter who is absent from his or her
practice.
2. Each applicant for a temporary license
issued pursuant to this section must pay the temporary license fee specified in
this chapter.
3. A temporary license to practice
osteopathic medicine is valid for not more than 6 months after issuance and is
not renewable. Upon the expiration of a temporary license, an osteopathic
physician may apply for a new temporary license in accordance with the
provisions of this section.
(Added to NRS by 1977, 946; A 2007, 1836; 2011, 1037)
NRS 633.400 License by endorsement for person with license to practice
osteopathic medicine from District of Columbia or any state or territory of
United States.
1. Except as otherwise provided in NRS 633.315, the Board shall, except for good cause,
issue a license by endorsement to a person who has been issued a license to
practice osteopathic medicine by the District of Columbia or any state or
territory of the United States if:
(a) At the time the person files an application
with the Board, the license is in effect and unrestricted; and
(b) The applicant:
(1) Is currently certified by either a
specialty board of the American Board of Medical Specialties or a specialty
board of the American Osteopathic Association, or was certified or recertified
within the past 10 years;
(2) Has had no adverse actions reported to
the National Practitioner Data Bank within the past 5 years;
(3) Has been continuously and actively
engaged in the practice of osteopathic medicine within his or her specialty for
the past 5 years;
(4) Is not involved in and does not have
pending any disciplinary action concerning a license to practice osteopathic
medicine in the District of Columbia or any state or territory of the United
States;
(5) Provides information on all the
medical malpractice claims brought against him or her, without regard to when
the claims were filed or how the claims were resolved; and
(6) Meets all statutory requirements to
obtain a license to practice osteopathic medicine in this State except that the
applicant is not required to meet the requirements set forth in NRS 633.311.
2. Any person applying for a license pursuant
to this section shall pay in advance to the Board the application and initial
license fee specified in this chapter.
3. A license by endorsement may be issued
at a meeting of the Board or between its meetings by its President and
Executive Director. Such action shall be deemed to be an action of the Board.
(Added to NRS by 2007, 1830; A 2011, 1037,
1050, 1344)
NRS 633.401 Special licenses to practice osteopathic medicine: Physician
from adjoining state; resident enrolled in postgraduate training program;
specified purposes.
1. Except as otherwise provided in NRS 633.315, the Board may issue a special license to
practice osteopathic medicine:
(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 or her patients in association with an
osteopathic physician in this State who has primary care of the patients.
(b) To a resident while the resident is enrolled
in a postgraduate training program required pursuant to the provisions of
paragraph (c) of subsection 4 of NRS 633.311.
(c) Other than a license issued pursuant to NRS 633.419, for a specified period and for specified
purposes to a person who is licensed to practice osteopathic medicine in
another jurisdiction.
2. For the purpose of paragraph (c) of
subsection 1, the osteopathic physician must:
(a) Hold a full and unrestricted license to
practice osteopathic medicine in another state;
(b) Not have had any disciplinary or other action
taken against him or her by any state or other jurisdiction; and
(c) Be certified by a specialty board of the
American Board of Medical Specialties, the American Osteopathic Association or
their successors.
3. A special license issued under this
section may be renewed by the Board upon application of the licensee.
4. 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; 2007, 1836; 2009, 1108,
2982)
NRS 633.411 Special licenses to practice osteopathic medicine: Resident
medical officer; professional employee of State or United States.
1. Except as otherwise provided in NRS 633.315, the Board may issue a special license to
practice osteopathic medicine to a person qualified under this section to
authorize the person 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 or her 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.
(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; 2007, 1837; 2009, 2983)
NRS 633.415 Special licenses to practice osteopathic medicine: Graduate of
foreign school who intends to teach, research or practice clinical osteopathic
medicine in this State; specified purposes.
1. Except as otherwise provided in NRS 633.315, the Board may issue a special license to
teach, research or practice osteopathic medicine to a person if:
(a) The person:
(1) Submits to the Board:
(I) Proof that the person is a
graduate of a foreign school which teaches osteopathic medicine;
(II) Proof that the person teaches,
researches or practices osteopathic medicine outside the United States; and
(III) Any other documentation or
proof of qualifications required by the Board; and
(2) Intends to teach, research or practice
osteopathic medicine at a medical facility, medical research facility or school
of osteopathic medicine in this State.
(b) Any other documentation or proof of
qualifications required by the Board is authenticated in a manner approved by
the Board.
2. A person who applies for a special
license pursuant to this section is not required to take or pass a written
examination concerning his or her qualifications to practice osteopathic
medicine.
3. A person who holds a special license
issued pursuant to this section may practice osteopathic medicine in this State
only in accordance with the terms and restrictions established by the Board.
4. If a person who holds a special license
issued pursuant to this section ceases to teach, research or practice
osteopathic medicine in this State at the medical facility, medical research
facility or school of osteopathic medicine where the person is employed:
(a) The medical facility, medical research
facility or school of osteopathic medicine, as applicable, shall notify the
Board; and
(b) Upon receipt of such notification, the
special license expires automatically.
5. The Board may renew or modify a special
license issued pursuant to this section, unless the special 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 special license to an applicant in
accordance with any other provision of this chapter.
7. A special license to teach, research or
practice osteopathic medicine may be issued, renewed or modified at a meeting
of the Board or between its meetings by the President and the Executive
Director of the Board. Such an action shall be deemed to be an action of the
Board.
(Added to NRS by 2007, 1830; A 2013, 2018)
NRS 633.416 Special volunteer license to practice osteopathic medicine.
1. An osteopathic physician who is retired
from active practice and who:
(a) Wishes to donate his or her expertise for the
medical care and treatment of persons in this State who are indigent, uninsured
or unable to afford health care; or
(b) Wishes to provide services for any disaster
relief operations conducted by a governmental entity or nonprofit organization,
Ê may obtain a
special volunteer license to practice osteopathic medicine by submitting an
application to the Board pursuant to this section.
2. An application for a special volunteer
license to practice osteopathic medicine must be on a form provided by the
Board and must include:
(a) Documentation of the history of medical
practice of the osteopathic physician;
(b) Proof that the osteopathic physician
previously has been issued an unrestricted license to practice osteopathic
medicine in any state of the United States and that the osteopathic physician
has never been the subject of disciplinary action by a medical board in any
jurisdiction;
(c) Proof that the osteopathic physician
satisfies the requirements for licensure set forth in NRS
633.311 or the requirements for licensure by endorsement set forth in NRS 633.400;
(d) Acknowledgment that the practice of the
osteopathic physician under the special volunteer license to practice
osteopathic medicine will be exclusively devoted to providing medical care:
(1) To persons in this State who are
indigent, uninsured or unable to afford health care; or
(2) As part of any disaster relief operations
conducted by a governmental entity or nonprofit organization; and
(e) Acknowledgment that the osteopathic 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 license to practice osteopathic medicine, except
for payment by a medical facility at which the osteopathic physician provides
volunteer medical services of the expenses of the osteopathic 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 an osteopathic physician satisfies the requirements of subsection 2 and that
the retired osteopathic physician is competent to practice osteopathic
medicine, the Board shall issue a special volunteer license to practice
osteopathic medicine to the osteopathic physician.
4. The initial special volunteer license
to practice osteopathic medicine 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 license to practice osteopathic medicine; or
(b) The issuance or renewal of a special
volunteer license to practice osteopathic medicine pursuant to this section.
6. An osteopathic physician who is issued
a special volunteer license to practice osteopathic medicine pursuant to this
section and who accepts the privilege of practicing osteopathic medicine in
this State pursuant to the provisions of the special volunteer license to
practice osteopathic medicine is subject to all the provisions governing
disciplinary action set forth in this chapter.
7. An osteopathic physician who is issued
a special volunteer license to practice osteopathic medicine pursuant to this
section shall comply with the requirements for continuing education adopted by
the Board.
(Added to NRS by 2009, 2976)
NRS 633.417 Authorized facility license to practice osteopathic medicine as
psychiatrist in certain mental health centers.
1. Except as otherwise provided in NRS 633.315, the Board may issue an authorized
facility license to a person who intends to practice osteopathic 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 osteopathic medicine pursuant to this chapter or to practice medicine
pursuant to chapter 630 of NRS.
2. A person who applies for an authorized
facility license pursuant to this section is not required to take or pass a
written examination as to his or her qualifications to practice osteopathic
medicine, but the person must meet all conditions and requirements for an
unrestricted license to practice osteopathic medicine pursuant to this chapter.
3. If the Board issues an authorized
facility license pursuant to this section, the person who holds the license may
practice osteopathic 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 osteopathic medicine
pursuant to this chapter or to practice medicine pursuant to chapter 630 of NRS.
4. If a person who holds an authorized
facility license issued pursuant to this section ceases to practice osteopathic
medicine in this State as a psychiatrist in a mental health center of the
Division:
(a) The Division shall notify the Board; and
(b) Upon receipt of the notification, the
authorized facility license expires automatically.
5. The Board may renew or modify an
authorized facility license issued pursuant to this section, unless the license
has expired automatically or has been revoked.
6. The provisions of this section do not
limit the authority of the Board to issue a license to an applicant in
accordance with any other provision of this chapter.
7. As used in this section:
(a) “Division” means the Division of Public and
Behavioral Health of the Department of Health and Human Services.
(b) “Mental health center” has the meaning
ascribed to it in NRS 433.144.
(Added to NRS by 2009, 2977;
A 2013,
3067)
NRS 633.418 Authorized facility license to practice as osteopathic physician
in institution of Department of Corrections.
1. Except as otherwise provided in NRS 633.315, the Board may issue an authorized
facility license to a person who intends to practice osteopathic medicine in
this State as an osteopathic physician in an institution of the Department of
Corrections under the direct supervision of an osteopathic physician who holds
an unrestricted license to practice osteopathic medicine pursuant to this
chapter or to practice medicine pursuant to chapter
630 of NRS.
2. A person who applies for an authorized
facility license pursuant to this section is not required to take or pass a
written examination as to his or her qualifications to practice osteopathic
medicine, but the person must meet all conditions and requirements for an
unrestricted license to practice osteopathic medicine pursuant to this chapter.
3. If the Board issues an authorized
facility license pursuant to this section, the person who holds the license may
practice osteopathic medicine in this State only as an osteopathic physician in
an institution of the Department of Corrections and only under the direct
supervision of an osteopathic physician who holds an unrestricted license to
practice osteopathic medicine pursuant to this chapter or to practice medicine
pursuant to chapter 630 of NRS.
4. If a person who holds an authorized
facility license issued pursuant to this section ceases to practice osteopathic
medicine in this State as an osteopathic physician in an institution of the
Department of Corrections:
(a) The Department shall notify the Board; and
(b) Upon receipt of the notification, the
authorized facility license expires automatically.
5. The Board may renew or modify an
authorized facility license issued pursuant to this section, unless the license
has expired automatically or has been revoked.
6. The provisions of this section do not
limit the authority of the Board to issue a license to an applicant in
accordance with any other provision of this chapter.
(Added to NRS by 2009, 2977)
NRS 633.419 Special event license to demonstrate medical techniques and
procedures; regulations.
1. Except as otherwise provided in NRS 633.315, the Board may issue a special event
license to a person licensed to practice osteopathic medicine in another state
to conduct demonstrations of medical techniques and procedures at a special
event in this State.
2. A person licensed to practice
osteopathic medicine in another state who applies for a special event license
pursuant to this section:
(a) Must be in good standing in that state; and
(b) Is not required to take or pass a written
examination concerning his or her qualifications to practice osteopathic
medicine but must satisfy the requirements for a special event license set
forth in regulations adopted by the Board pursuant to subsection 5.
3. A person who holds a special event
license issued pursuant to this section may perform medical techniques and
procedures pursuant to the license for demonstration purposes only.
4. A special event license issued pursuant
to the provisions of this section is valid for a short period, as determined by
the Board, and is not renewable.
5. The Board shall adopt regulations to
carry out the provisions of this section.
6. For the purposes of this section,
“special event” means a scheduled activity or event at which an osteopathic
physician appears as a clinician for teaching or demonstrating certain methods
of technical procedures if:
(a) The persons attending the scheduled activity
or event are:
(1) Members of an osteopathic medical
society or other osteopathic medical organization;
(2) Persons who are attending an
osteopathic medical convention;
(3) Students or faculty members of a
school of osteopathic medicine; or
(4) Osteopathic physicians; and
(b) The scheduled activity or event is being held
before any combination of the persons described in paragraph (a) and is being
held at:
(1) A meeting or other gathering of an
osteopathic medical society or other osteopathic medical organization;
(2) An osteopathic medical convention;
(3) A school of osteopathic medicine; or
(4) A licensed hospital.
(Added to NRS by 2009, 1107)
Physician Assistants and Supervising Osteopathic
Physicians
NRS 633.432 Physician assistants: Authorized services.
1. A physician assistant may perform such
medical services as:
(a) The physician assistant is authorized to
perform by his or her supervising osteopathic physician; and
(b) Are within the supervising osteopathic
physician’s scope of practice.
2. The Board and supervising osteopathic
physician shall limit the authority of a physician assistant to prescribe
controlled substances to those schedules of controlled substances that the
supervising osteopathic physician is authorized to prescribe pursuant to state
and federal law.
(Added to NRS by 2007, 1831)
NRS 633.433 Physician assistants: Issuance and conditions of license. The Board may issue a license as a physician
assistant to an applicant who is qualified under the regulations of the Board
to perform medical services under the supervision of a supervising osteopathic
physician. The application for a license as a physician assistant must include
all information required to complete the application.
(Added to NRS by 2007, 1831)
NRS 633.434 Physician assistants: Board to adopt regulations concerning
licensure. The Board shall adopt
regulations regarding the licensure of a physician assistant, including,
without limitation:
1. The educational and other
qualifications of applicants.
2. The required academic program for
applicants.
3. The procedures for applications for and
the issuance of licenses.
4. The tests or examinations of applicants
by the Board.
5. The medical services which a physician
assistant may perform, except that a physician assistant may not perform
osteopathic manipulative therapy or those specific functions and duties
delegated or restricted by law to persons licensed as dentists, chiropractors,
doctors of Oriental medicine, podiatric physicians, optometrists and hearing
aid specialists under chapters 631, 634, 634A, 635, 636 and 637A, respectively, of NRS.
6. The grounds and procedures respecting
disciplinary actions against physician assistants.
7. The supervision of medical services of a physician assistant by a supervising osteopathic physician.
(Added to NRS by 2007, 1832; A 2011, 1038)
NRS 633.442 Physician assistants: Display of license.
1. A physician assistant shall:
(a) Keep his or her license available for
inspection at his or her primary place of business; and
(b) When engaged in professional duties, identify
himself or herself as a physician assistant.
2. A physician assistant shall not bill a
patient separately from his or her supervising osteopathic physician.
(Added to NRS by 2007, 1832)
NRS 633.452 Physician assistants: Rendering of emergency care.
1. A physician assistant licensed under
the provisions of this chapter who is responding to a need for medical care
created by an emergency or disaster, as declared by an applicable governmental
entity, may render emergency care that is directly related to the emergency or
disaster without the supervision of an osteopathic physician, as required by
this chapter. The provisions of this subsection apply only for the duration of
the emergency or disaster.
2. An osteopathic physician who supervises
a physician assistant who is rendering emergency care that is directly related
to an emergency or disaster, as described in subsection 1, shall not be
required to meet the requirements set forth in this chapter for such
supervision.
(Added to NRS by 2007, 1833)
NRS 633.466 Physician assistants: Supervision by physician.
1. A physician assistant may be supervised
by a physician licensed to practice medicine in this State pursuant to chapter 630 of NRS in place of his or her
supervising osteopathic physician if:
(a) The physician assistant works in a
geographical area where the physician assistant can be conveniently supervised
only by such a physician; and
(b) The supervising osteopathic physician and the
physician licensed pursuant to chapter 630 of
NRS agree to the arrangement.
2. A physician assistant so supervised is
not a physician assistant for the purposes of chapter
630 of NRS solely because of that supervision.
3. The State Board of Osteopathic Medicine
shall adopt jointly with the Board of Medical Examiners regulations necessary
to administer the provisions of this section.
(Added to NRS by 1981, 574; A 2007, 1837)
NRS 633.467 Persons prohibited from acting as supervising osteopathic
physician. An osteopathic
physician who does not normally provide care to patients may not be a
supervising osteopathic physician.
(Added to NRS by 2007, 1832)
NRS 633.468 Supervising osteopathic physicians: Right to refuse to act as
supervising osteopathic physician; certain agreements void.
1. An osteopathic physician may at any
time refuse to act as a supervising osteopathic physician for a physician
assistant.
2. A condition, stipulation or provision
in a contract or other agreement which:
(a) Requires an osteopathic physician to act as a
supervising osteopathic physician for a physician assistant;
(b) Penalizes an osteopathic physician for
refusing to act as a supervising osteopathic physician for a physician
assistant; or
(c) Limits a supervising osteopathic physician’s
authority with regard to any protocol, standing order or delegation of
authority applicable to a physician assistant supervised by the osteopathic
physician,
Ê is against
public policy and is void.
(Added to NRS by 2007, 1832)
NRS 633.469 Supervising osteopathic physicians: Requirements of supervision.
1. A supervising osteopathic physician
shall provide supervision to his or her physician assistant continuously
whenever the physician assistant is performing his or her professional duties.
2. Except as otherwise provided in
subsection 3, a supervising osteopathic physician may provide supervision to
his or her physician assistant in person, electronically, telephonically or by
fiber optics. When providing supervision electronically, telephonically or by
fiber optics, a supervising osteopathic physician may be at a different site
than the physician assistant, including a site located within or outside this
State or the United States.
3. A supervising osteopathic physician
shall provide supervision to his or her physician assistant in person at all
times during the first 30 days that the supervising osteopathic physician
supervises the physician assistant. The provisions of this subsection do not
apply to a federally qualified health center.
4. Before beginning to supervise a
physician assistant, a supervising osteopathic physician must communicate to
the physician assistant:
(a) The scope of practice of the physician
assistant;
(b) The access to the supervising osteopathic
physician that the physician assistant will have; and
(c) Any processes for evaluation that the
supervising osteopathic physician will use to evaluate the physician assistant.
5. A supervising osteopathic physician
shall not delegate to his or her physician assistant, and the physician
assistant shall not accept, a task that is beyond the physician assistant’s
capability to complete safely.
6. As used in this section, “federally
qualified health center” has the meaning ascribed to it in 42 U.S.C. §
1396d(l)(2)(B).
(Added to NRS by 2007, 1832; A 2013, 2019)
Renewal
NRS 633.471 Prerequisites; notice to licensee; evidence of continuing
medical education; exemption from fee.
1. Except as otherwise provided in
subsection 6 and NRS 633.491, every holder of a
license issued under this chapter, except a temporary or a special license, may
renew the 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 the holder during the previous year;
(d) Submitting an affidavit to the Board that in
the year preceding the application for renewal the holder 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 to practice osteopathic medicine or a license to practice
as a physician assistant. Upon a request from the Board, an applicant for
renewal of a license to practice osteopathic medicine or a license to practice
as a physician assistant shall submit verified evidence satisfactory to the
Board that in the year preceding the application for renewal the applicant
attended courses or programs of continuing medical education approved by the
Board totaling the number of hours established by the Board.
4. The Board shall encourage each holder
of a license to practice osteopathic medicine to receive, as a portion of his
or her continuing education, training concerning methods for educating patients
about how to effectively manage medications, including, without limitation, the
ability of the patient to request to have the symptom or purpose for which a
drug is prescribed included on the label attached to the container of the drug.
5. The Board shall require, as part of the
continuing education requirements approved by the Board, the biennial
completion by a holder of a license to practice osteopathic medicine of at
least 2 hours of continuing education credits in ethics, pain management or
addiction care.
6. 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; 2007, 1838; 2011, 1038,
2037; 2013, 1569)
NRS 633.481 Expiration of license for failure to renew; waiver of
requirements for continuing education; restoration of license.
1. Except as otherwise provided in
subsection 2, if a licensee fails to comply with the requirements of NRS 633.471 within 10 days after the renewal date, the
Board shall give 15 days’ notice of the failure to renew the license and of the
expiration of the license by certified mail to the licensee at the licensee’s last
known address that is registered with the Board. If the license is not renewed
within 15 days after receiving notice, the license expires automatically
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 the Board finds that the failure is due to a disability, military
service, absence from the United States, or circumstances beyond the control of
the licensee which are deemed by the Board to excuse the failure.
3. A person whose license has expired
under this section may apply to the Board for restoration of the license upon:
(a) Payment of all past due renewal fees and the
late payment fee specified in NRS 633.501;
(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 expiration;
(c) Stating under oath in writing that he or she
has not withheld information from the Board which if disclosed would constitute
grounds for disciplinary action under this chapter; and
(d) Submitting any other information that is
required by the Board to restore the license.
(Added to NRS by 1977, 948; A 1981, 1133; 1997, 2129; 2005, 2727, 2807; 2007, 1839; 2011, 1039)
NRS 633.491 Retired licensees; inactive status; procedure to restore active
status.
1. A licensee who retires from practice is
not required annually to renew his or her license after filing with the Board
an affidavit stating the date on which he or she retired from practice and any
other evidence that the Board may require to verify the retirement.
2. An osteopathic physician or physician
assistant who retires from practice and who desires to return to practice may
apply to renew his or her license by paying all back annual license renewal
fees from the date of retirement and submitting verified evidence satisfactory
to the Board that the licensee has attended continuing education courses or
programs approved by the Board which total:
(a) Twenty-five hours if the licensee has been
retired 1 year or less.
(b) Fifty hours within 12 months of the date of
the application if the licensee has been retired for more than 1 year.
3. A licensee who wishes to have a license
placed on inactive status must provide the Board with an affidavit stating the
date on which the licensee will cease the practice of osteopathic medicine or
cease to practice as a physician assistant in Nevada and any other evidence
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. An osteopathic physician or physician
assistant whose license has been placed on inactive status:
(a) Is not required to annually renew the
license.
(b) Shall annually pay the inactive license fee
prescribed by NRS 633.501.
(c) Shall not practice osteopathic medicine or
practice as a physician assistant in this State.
5. An osteopathic physician or physician
assistant whose license is on inactive status and who wishes to renew his or
her license to practice osteopathic medicine or license to practice as a
physician assistant 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; and
(2) Each year after 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
constitute 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; 2007, 1839; 2011, 1039)
Fees
NRS 633.501 Fees; costs of special meetings.
1. Except as otherwise provided in
subsection 2, the Board shall charge and collect fees not to exceed the
following amounts:
(a) Application and
initial license fee for an osteopathic physician................ $800
(b) Annual license
renewal fee for an osteopathic physician.............................. 500
(c) Temporary license
fee........................................................................................... 500
(d) Special or
authorized facility license fee........................................................... 200
(e) Special event
license fee....................................................................................... 200
(f) Special or
authorized facility license renewal fee............................................. 200
(g) Reexamination fee................................................................................................ 200
(h) Late payment fee.................................................................................................. 300
(i) Application and
initial license fee for a physician assistant........................... 400
(j) Annual license
renewal fee for a physician assistant....................................... 400
(k) Inactive license
fee................................................................................................ 200
2. The Board may prorate the initial
license fee for a new license issued pursuant to paragraph (a) or (i) of
subsection 1 which expires less than 6 months after the date of issuance.
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 by the person or entity requesting
the special meeting. Such a special meeting must not be called until the person
or entity requesting the meeting has paid a cash deposit with the Board
sufficient to defray all expenses of the meeting.
(Added to NRS by 1977, 949; A 1983, 958; 1987, 404; 2001, 493; 2005, 263; 2007, 1840; 2009, 1108,
2983; 2011, 1040)
EMPLOYEES
NRS 633.505 Osteopathic physician prohibited from retaliating or
discriminating against certain persons for reporting or participating in
investigation or proceeding relating to sentinel event or conduct of
osteopathic physician or other persons or refusing to engage in unlawful
conduct; restriction of right prohibited.
1. An osteopathic physician or any agent
or employee thereof shall not retaliate or discriminate unfairly against:
(a) An employee of the osteopathic physician or a
person acting on behalf of the employee who in good faith:
(1) Reports to the State Board of
Osteopathic Medicine 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; or
(2) Reports a sentinel event to the
Division of Public and Behavioral Health of the Department of Health and Human
Services pursuant to NRS 439.835;
(b) A registered nurse, licensed practical nurse,
nursing assistant or medication aide - certified who is employed by or
contracts to provide nursing services for the osteopathic physician and who:
(1) In good faith, reports to the
osteopathic physician, the State Board of Osteopathic Medicine, the State Board
of Nursing, the Legislature or any committee thereof or any other governmental
entity:
(I) Any information concerning the
willful conduct of another registered nurse, licensed practical nurse, nursing
assistant or medication aide - certified which violates any provision of chapter 632 of NRS or which is required to be
reported to the State Board of Nursing;
(II) Any concerns regarding patients
who may be exposed to a substantial risk of harm as a result of the failure of
the osteopathic physician or any agent or employee thereof to comply with minimum
professional or accreditation standards or applicable statutory or regulatory
requirements; or
(III) Any other concerns regarding
the osteopathic physician, the agents and employees thereof or any situation
that reasonably could result in harm to patients; or
(2) Refuses to engage in conduct that
would violate the duty of the registered nurse, licensed practical nurse,
nursing assistant or medication aide - certified to protect patients from
actual or potential harm, including, without limitation, conduct which would
violate any provision of chapter 632 of NRS
or which would subject the registered nurse, licensed practical nurse, nursing
assistant or medication aide - certified to disciplinary action by the State
Board of Nursing; or
(c) An employee of the osteopathic physician, a
person acting on behalf of the employee or a registered nurse, licensed
practical nurse, nursing assistant or medication aide - certified who is
employed by or contracts to provide nursing services for the osteopathic
physician and who cooperates or otherwise participates in an investigation or
proceeding conducted by the State Board of Osteopathic Medicine 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 or a registered nurse, licensed practical
nurse, nursing assistant or medication aide - certified who is employed by or
contracts to provide nursing services for the osteopathic physician because the
employee, registered nurse, licensed practical nurse, nursing assistant or
medication aide - certified 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 or a registered nurse, licensed practical
nurse, nursing assistant or medication aide - certified who is employed by or
contracts to provide nursing services for the osteopathic physician to take an
action described in subsection 1.
4. As used in this section:
(a) “Good faith” means honesty in fact in the
reporting of the information or in the cooperation in the investigation
concerned.
(b) “Retaliate or discriminate”:
(1) Includes, without limitation, any of
the following actions if taken solely because the employee, registered nurse,
licensed practical nurse, nursing assistant or medication aide - certified took
an action described in subsection 1:
(I) Frequent or undesirable changes
in the location where the person works;
(II) Frequent or undesirable
transfers or reassignments;
(III) The issuance of letters of
reprimand, letters of admonition or evaluations of poor performance;
(IV) A demotion;
(V) A reduction in pay;
(VI) The denial of a promotion;
(VII) A suspension;
(VIII) A dismissal;
(IX) A transfer; or
(X) Frequent changes in working
hours or workdays.
(2) Does not include an action described
in sub-subparagraphs (I) to (X), inclusive, of subparagraph (1) if the action
is taken in the normal course of employment or as a form of discipline.
(Added to NRS by 2002
Special Session, 21; A 2003, 325; 2009, 1424;
2011, 1333)
NRS 633.507 Legal remedy for certain retaliation or discrimination: Filing
of action; damages; interest; equitable relief; rebuttable presumption in
certain circumstances; civil penalty; limitation of action.
1. An employee of an osteopathic physician
or a registered nurse, licensed practical nurse, nursing assistant or
medication aide - certified who is employed by or contracts to provide nursing
services for the osteopathic physician and who believes that he or she has been
retaliated or discriminated against in violation of NRS
633.505 may file an action in a court of competent jurisdiction.
2. If a court determines that a violation
of NRS 633.505 has occurred, the court may award
such damages as it determines to have resulted from the violation, including,
without limitation:
(a) Compensatory damages;
(b) Reimbursement of any wages, salary,
employment benefits or other compensation denied to or lost by the employee,
registered nurse, licensed practical nurse, nursing assistant or medication
aide - certified as a result of the violation;
(c) Attorney’s fees and costs, including, without
limitation, fees for expert witnesses; and
(d) Punitive damages, if the facts warrant.
3. The court shall award interest on the
amount of damages at a rate determined pursuant to NRS 17.130.
4. The court may grant any equitable
relief it considers appropriate, including, without limitation, reinstatement
of the employee, registered nurse, licensed practical nurse, nursing assistant
or medication aide - certified and any temporary, preliminary or permanent
injunctive relief.
5. If any action to retaliate or
discriminate is taken against an employee, registered nurse, licensed practical
nurse, nursing assistant or medication aide - certified within 60 days after
the employee, registered nurse, licensed practical nurse, nursing assistant or
medication aide - certified takes any action described in subsection 1 of NRS 633.505, there is a rebuttable presumption that
the action taken against the employee, registered nurse, licensed practical
nurse, nursing assistant or medication aide - certified constitutes retaliation
or discrimination in violation of NRS 633.505.
6. An osteopathic physician or any agent
or employee thereof that violates the provisions of NRS
633.505 is subject to a civil penalty of not more than $10,000 for each
violation. The Attorney General or any district attorney of this State may
recover the penalty in a civil action brought in the name of the State of
Nevada in any court of competent jurisdiction.
7. Any action under this section must be
brought not later than 2 years after the date of the last event constituting
the alleged violation for which the action is brought.
8. As used in this section, “retaliate or
discriminate” has the meaning ascribed to it in NRS
633.505.
(Added to NRS by 2002
Special Session, 22; A 2003, 325; 2009, 1426;
2011, 1335)
REGULATION AND DISCIPLINE
General Provisions
NRS 633.509 Jurisdiction of Board over licensee unaffected by expiration or
voluntary surrender of license. The
expiration of a license by operation of law or by order or decision of the
Board or a court, or the voluntary surrender of a license by a licensee, does
not deprive the Board of jurisdiction to proceed with any investigation of, or
action or disciplinary proceeding against, the licensee or to render a decision
suspending or revoking the license.
(Added to NRS by 2003, 3441)
NRS 633.510 Authority of Board or investigative committee to issue letter of
warning, letter of concern or nonpunitive admonishment.
1. If the Board has reason to believe that
a person has violated or is violating any provision of this chapter, the Board
or any investigative committee of the Board may issue to the person a letter of
warning, a letter of concern or a nonpunitive admonishment at any time before
the Board initiates 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 2009, 2978;
A 2009,
2998)
NRS 633.511 Grounds for initiating disciplinary action. 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 or practice as a physician assistant;
(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 a license to practice
osteopathic medicine or to practice as a physician assistant by any other
jurisdiction.
4. Malpractice or gross malpractice, which
may be evidenced by a claim of malpractice settled against a licensee.
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.
8. Failure to comply with the provisions
of NRS 633.694.
9. Operation of a medical facility, as
defined in NRS 449.0151, at any time
during which:
(a) The license of the facility is suspended or
revoked; or
(b) An act or omission occurs which results in
the suspension or revocation of the license pursuant to NRS 449.160.
Ê This subsection
applies to an owner or other principal responsible for the operation of the
facility.
10. Failure to comply with the provisions
of subsection 2 of NRS 633.322.
11. Signing a blank prescription form.
12. Knowingly procuring or administering a
controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the
United States Food and Drug Administration, unless the unapproved controlled
substance or dangerous drug:
(a) Was procured through a retail pharmacy
licensed pursuant to chapter 639 of NRS;
(b) Was procured through a Canadian pharmacy
which is licensed pursuant to chapter 639 of
NRS and which has been recommended by the State Board of Pharmacy pursuant to
subsection 4 of NRS 639.2328; or
(c) Is marijuana being used for medical purposes
in accordance with chapter 453A of NRS.
13. Attempting, directly or indirectly, by
intimidation, coercion or deception, to obtain or retain a patient or to
discourage the use of a second opinion.
14. Terminating the medical care of a
patient without adequate notice or without making other arrangements for the
continued care of the patient.
15. In addition to the provisions of
subsection 3 of NRS 633.524, making or filing a
report which the licensee knows to be false, failing to file a record or report
that is required by law or willfully obstructing or inducing another to
obstruct the making or filing of such a record or report.
16. Failure to report any person the
licensee knows, or has reason to know, is in violation of the provisions of
this chapter or the regulations of the Board within 30 days after the date the
licensee knows or has reason to know of the violation.
17. Failure by a licensee or applicant to
report in writing, within 30 days, any criminal action taken or conviction
obtained against the licensee or applicant, other than a minor traffic
violation, in this State or any other state or by the Federal Government, a
branch of the Armed Forces of the United States or any local or federal
jurisdiction of a foreign country.
18. Engaging in any act that is unsafe in
accordance with regulations adopted by the Board.
19. Failure to comply with the provisions
of NRS 633.165.
20. Failure to supervise adequately a
medical assistant pursuant to the regulations of the Board.
(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; 2009, 536, 885, 2983, 2984; 2011, 261, 851, 1041, 2613)
NRS 633.512 Inspection of premises by Board. Any
member or agent of the Board may enter any premises in this State where a
person who holds a license issued pursuant to the provisions of this chapter
practices osteopathic medicine or as a physician assistant and inspect it to
determine whether a violation of any provision of this chapter has occurred,
including, without limitation, an inspection to determine whether any person at
the premises is practicing osteopathic medicine or as a physician assistant
without the appropriate license issued pursuant to the provisions of this
chapter.
(Added to NRS by 2013, 2224)
NRS 633.521 Prescribing or administering certain drugs or controlled
substances or engaging in activity relating to medical use of marijuana not
grounds for disciplinary action under certain circumstances. An osteopathic physician is not subject to
disciplinary action solely for:
1. Prescribing or administering to a
patient under his or her 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)
NRS 633.522 Authority of Board to adopt regulations governing supervision of
medical assistants. The Board may
adopt regulations governing the supervision of a medical assistant, including,
without limitation, regulations which prescribe limitations on the possession
and administration of a dangerous drug by a medical assistant.
(Added to NRS by 2011, 2613)
Reports, Complaints, Investigations and Preliminary
Proceedings
NRS 633.524 Osteopathic physician required to report certain information
concerning surgeries and sentinel events; effect of failure to report; duties
of Board; confidentiality of report; applicability.
1. The Board shall require each holder of
a license to practice osteopathic medicine issued pursuant to this chapter to
submit to the Board, on a form provided by the Board, and in the format
required by the Board by regulation, a report stating the number and type of
surgeries requiring conscious sedation, deep sedation or general anesthesia
performed by the holder of the license at his or her office or any other
facility, excluding any surgical care performed:
(a) At a medical facility as that term is defined
in NRS 449.0151; or
(b) Outside of this State.
2. In addition to the report required
pursuant to subsection 1, the Board shall require each holder of a license to
practice osteopathic medicine to submit a report to the Board concerning the
occurrence of any sentinel event arising from any surgery described in
subsection 1. The report must be submitted in the manner prescribed by the
Board which must be substantially similar to the manner prescribed by the State
Board of Health for reporting information pursuant to NRS 439.835.
3. Each holder of a license to practice
osteopathic medicine shall submit the reports required pursuant to subsections
1 and 2:
(a) At the time the holder of the license renews
his or her license; and
(b) Whether or not the holder of the license
performed any surgery described in subsection 1. Failure to submit a report or
knowingly filing false information in a report constitutes grounds for
initiating disciplinary action pursuant to NRS 633.511.
4. In addition to the reports required
pursuant to subsections 1 and 2, the Board shall require each holder of a
license to practice osteopathic medicine to submit a report to the Board
concerning the occurrence of any sentinel event arising from any surgery
described in subsection 1 within 14 days after the occurrence of the sentinel
event. The report must be submitted in the manner prescribed by the Board.
5. The Board shall:
(a) Collect and maintain reports received
pursuant to subsections 1, 2 and 4;
(b) Ensure that the reports, and any additional
documents created from the reports, are protected adequately from fire, theft,
loss, destruction and other hazards, and from unauthorized access; and
(c) Submit to the Division of Public and
Behavioral Health a copy of the report submitted pursuant to subsection 1. The
Division shall maintain the confidentiality of such reports in accordance with
subsection 6.
6. Except as otherwise provided in NRS 239.0115, a report received pursuant
to subsection 1, 2 or 4 is confidential, not subject to subpoena or discovery,
and not subject to inspection by the general public.
7. The provisions of this section do not
apply to surgical care requiring only the administration of oral medication to
a patient to relieve the patient’s anxiety or pain, if the medication is not
given in a dosage that is sufficient to induce in a patient a controlled state
of depressed consciousness or unconsciousness similar to general anesthesia,
deep sedation or conscious sedation.
8. In addition to any other remedy or
penalty, if a holder of a license to practice osteopathic medicine fails to
submit a report or knowingly files false information in a report submitted
pursuant to this section, the Board may, after providing the holder of a
license to practice osteopathic medicine with notice and opportunity for a
hearing, impose against the holder of a license an administrative penalty for
each such violation. The Board shall establish by regulation a sliding scale
based on the severity of the violation to determine the amount of the
administrative penalty to be imposed against the holder of the license to
practice osteopathic medicine. The regulations must include standards for
determining the severity of the violation and may provide for a more severe
penalty for multiple violations.
9. As used in this section:
(a) “Conscious sedation” has the meaning ascribed
to it in NRS 449.436.
(b) “Deep sedation” has the meaning ascribed to
it in NRS 449.437.
(c) “General anesthesia” has the meaning ascribed
to it in NRS 449.438.
(d) “Sentinel event” means an unexpected
occurrence involving death or serious physical or psychological injury or the
risk thereof, including, without limitation, any process variation for which a
recurrence would carry a significant chance of serious adverse outcome. The
term includes loss of limb or function.
(Added to NRS by 2005, 2515; A 2007, 1840, 2136; 2009, 537, 561; 2011, 2864)
NRS 633.526 Insurer of osteopathic physician or physician assistant required
to report certain information concerning malpractice; administrative penalties
for failure to report.
1. The insurer of an osteopathic physician
or physician assistant licensed under this chapter shall report to the Board:
(a) Any action for malpractice against the
osteopathic physician or physician assistant not later than 45 days after the
osteopathic physician or physician assistant receives service of a summons and
complaint for the action;
(b) Any claim for malpractice against the
osteopathic physician or physician assistant 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; 2011, 1042)
NRS 633.527 Osteopathic physician and physician assistant required to report
certain information concerning malpractice and sanctions imposed against
osteopathic physician or physician assistant; administrative penalties for
failure to report; reports deemed public records.
1. An osteopathic physician or physician
assistant shall report to the Board:
(a) Any action for malpractice against the
osteopathic physician or physician assistant not later than 45 days after the
osteopathic physician or physician assistant receives service of a summons and
complaint for the action;
(b) Any claim for malpractice against the
osteopathic physician or physician assistant 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 or physician assistant 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 or physician assistant has violated any provision of this section,
the Board may impose a fine of not more than $5,000 against the osteopathic
physician or physician assistant for each violation, in addition to any other
fines or penalties permitted by law.
3. All reports made by an osteopathic
physician or physician assistant pursuant to this section are public records.
(Added to NRS by 2003, 3441; A 2011, 1042)
NRS 633.528 Board required to conduct investigation after receiving certain
reports concerning malpractice. 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 or
physician assistant regarding an action or claim for malpractice or that such
an action or claim against the osteopathic physician or physician assistant has
been resolved by settlement, the Board shall conduct an investigation to
determine whether to discipline the osteopathic physician or physician
assistant 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; A 2011, 1043)
NRS 633.529 Board authorized to order certain examinations of osteopathic
physician or physician assistant after receiving certain reports concerning
malpractice.
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 or physician assistant regarding an action or claim for malpractice,
or that such an action or claim against the osteopathic physician or physician
assistant has been resolved by settlement, the Board may order the osteopathic
physician or physician assistant to undergo a mental or physical examination or
any other examination designated by the Board to test his or her competence to
practice osteopathic medicine or to practice as a physician assistant, as applicable.
An examination conducted pursuant to this subsection must be conducted by
osteopathic physicians designated by the Board.
2. For the purposes of this section:
(a) An osteopathic physician or physician
assistant who applies for a license or who holds a license under this chapter
is deemed to have given consent to submit to a mental or physical examination
or an examination testing his or her competence to practice osteopathic
medicine or to practice as a physician assistant, as applicable, pursuant to a
written order 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; 2011, 1043)
NRS 633.531 Mandatory or optional filing of complaint; retention of
complaints.
1. The Board or any of its members, or a
medical review panel of a hospital or medical society, which becomes aware of
any conduct by an osteopathic physician or physician assistant that may
constitute grounds for initiating disciplinary action shall, and any other
person who is so aware may, file a written complaint specifying the relevant
facts with the Board.
2. The Board shall retain all complaints
filed with the Board pursuant to this section for at least 10 years, including,
without limitation, any complaints not acted upon.
(Added to NRS by 1977, 950; A 2001, 494; 2009, 886; 2011, 1044)
NRS 633.533 General requirements for filing complaint; medical facilities
and societies required to report certain information concerning privileges and
disciplinary action; administrative penalties for failure to report; clerk of
court required to report certain information concerning court actions.
1. Except as otherwise provided in
subsection 2, any person may file with the Board a complaint against an
osteopathic physician or physician assistant on a form provided by the Board.
The form may be submitted in writing or electronically. If a complaint is
submitted anonymously, the Board may accept the complaint but may refuse to
consider the complaint if the lack of the identity of the complainant makes
processing the complaint impossible or unfair to the person who is the subject
of the complaint.
2. Any licensee, medical school or medical
facility that becomes aware that a person practicing osteopathic medicine or
practicing as a physician assistant in this State has, is or is about to become
engaged in conduct which constitutes grounds for initiating disciplinary action
shall file a written complaint with the Board within 30 days after becoming
aware of the conduct.
3. Except as otherwise provided in
subsection 4, any hospital, clinic or other medical facility licensed in this
State, or medical society, shall file a written report with the Board of any
change in the privileges of an osteopathic physician or physician assistant to
practice while the osteopathic physician or physician assistant is under
investigation, and the outcome of any disciplinary action taken by the facility
or society against the osteopathic physician or physician assistant concerning
the care of a patient or the competency of the osteopathic physician or
physician assistant, within 30 days after the change in privileges is made or
disciplinary action is taken.
4. A hospital, clinic or other medical
facility licensed in this State, or medical society, shall report to the Board
within 5 days after a change in the privileges of an osteopathic physician or
physician assistant that is based on:
(a) An investigation of the mental, medical or
psychological competency of the osteopathic physician or physician assistant;
or
(b) Suspected or alleged substance abuse in any
form by the osteopathic physician or physician assistant.
5. The Board shall report any failure to
comply with subsection 3 or 4 by a hospital, clinic or other medical facility
licensed in this State to the Division of Public and Behavioral Health of the
Department of Health and Human Services. If, after a hearing, the Division
determines that any such facility or society failed to comply with the
requirements of this subsection, the Division may impose an administrative fine
of not more than $10,000 against the facility or society for each such failure
to report. If the administrative fine is not paid when due, the fine must be
recovered in a civil action brought by the Attorney General on behalf of the
Division.
6. The clerk of every court shall report
to the Board any finding, judgment or other determination of the court that an
osteopathic physician or physician 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 the finding, judgment or determination.
7. 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 and physician assistants pursuant to
paragraph (e) of subsection 6.
(Added to NRS by 2002
Special Session, 23; A 2007, 1842; 2009, 2985;
2011, 1044,
2866)
NRS 633.541 Review of complaint by designated member of Board; investigation
of complaint; formal complaint.
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 or she 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)
NRS 633.542 Practicing or offering to practice without license: Reporting
requirements of Board. Unless the
Board determines that extenuating circumstances exist, the Board shall forward
to the appropriate law enforcement agency any substantiated information
submitted to the Board concerning a person who practices or offers to practice
osteopathic medicine or as a physician assistant without the appropriate
license issued pursuant to the provisions of this chapter.
(Added to NRS by 2013, 2224)
NRS 633.561 Mental or physical examination.
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 or physician assistant has raised a reasonable
question as to his or her competence to practice osteopathic medicine or to
practice as a physician assistant, as applicable, with reasonable skill and
safety to patients, the Board or the member designated by the Board may require
the osteopathic physician or physician assistant to submit to a mental or
physical examination conducted by physicians designated by the Board. If the
osteopathic physician or physician assistant participates in a diversion
program, the diversion program may exchange with any authorized member of the
staff of the Board any information concerning the recovery and participation of
the osteopathic physician or physician assistant in the diversion program. As
used in this subsection, “diversion program” means a program approved by the
Board to correct an osteopathic physician’s or physician assistant’s alcohol or
drug dependence or any other impairment.
2. For the purposes of this section:
(a) An osteopathic physician or physician
assistant who is licensed under this chapter and who accepts the privilege of
practicing osteopathic medicine or practicing as a physician assistant in this
State is deemed to have given consent to submit to a mental or physical
examination pursuant to a written order 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 an osteopathic physician or
physician assistant who is licensed under this chapter to submit to an
examination pursuant to this section constitutes an admission of the charges
against the osteopathic physician or physician assistant.
(Added to NRS by 1977, 950; A 2001, 494; 2005, 766; 2009, 2986;
2011, 1045)
NRS 633.571 Examination of medical competency. Notwithstanding
the provisions of chapter 622A of NRS, if
the Board has reason to believe that the conduct of any osteopathic physician
or physician assistant has raised a reasonable question as to his or her
competence to practice osteopathic medicine or to practice as a physician
assistant, as applicable, with reasonable skill and safety to patients, the
Board may require the osteopathic physician or physician assistant to submit to
an examination for the purposes of determining his or her competence to
practice osteopathic medicine or to practice as a physician assistant, as
applicable, with reasonable skill and safety to patients.
(Added to NRS by 1977, 951; A 2005, 766; 2011, 1045)
NRS 633.581 Summary suspension of license: Issuance of order; hearing;
limitation on time for completing examination.
1. If an investigation by the Board of an
osteopathic physician or physician assistant reasonably determines that the
health, safety or welfare of the public or any patient served by the
osteopathic physician or physician assistant is at risk of imminent or
continued harm, the Board may summarily suspend the license of the osteopathic
physician or physician assistant. The order of summary suspension may be issued
by the Board, an investigative committee of the Board or the Executive Director
of the Board after consultation with the President, Vice President or
Secretary-Treasurer of the Board.
2. If the Board issues an order summarily
suspending the license of an osteopathic physician or physician assistant
pursuant to subsection 1, the Board shall hold a hearing regarding the matter
not later than 45 days after the date on which the Board issues the order
summarily suspending the license unless the Board and the licensee mutually
agree to a longer period.
3. Notwithstanding the provisions of chapter 622A of NRS, if the Board issues an
order summarily suspending the license of an osteopathic physician or physician
assistant pending a proceeding for disciplinary action and requires the
osteopathic physician or physician assistant to submit to a mental or physical
examination or a medical competency examination, the examination must be
conducted and the results must be obtained not later than 60 days after the
Board issues the order.
(Added to NRS by 1977, 951; A 2005, 766; 2009, 2987;
2011, 1046)
NRS 633.591 Summary suspension of license: Stay by court of Board’s order
prohibited; exception. Notwithstanding
the provisions of chapter 622A of NRS, if
the Board issues an order summarily suspending the license of an osteopathic
physician or physician assistant pending proceedings for disciplinary action,
including, without limitation, a summary suspension pursuant to NRS 233B.127, 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; 2009, 886; 2011, 1046)
NRS 633.601 Injunctive relief.
1. In addition to any other remedy
provided by law, the Board, through an officer of the Board or the Attorney
General, may apply to any court of competent jurisdiction to enjoin any
unprofessional conduct of an osteopathic physician or physician assistant which
is harmful to the public or to limit the practice of the osteopathic physician
or physician assistant or suspend his or her license to practice osteopathic
medicine or to practice as a physician assistant, as applicable, 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; 2011, 1046)
Disciplinary Proceedings
NRS 633.621 Commencement of disciplinary proceedings required for certain
violations of Industrial Insurance Act. 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)
NRS 633.625 Submission of fingerprints required upon initiation of
disciplinary action; additional grounds for disciplinary action.
1. Any licensee against whom the Board
initiates disciplinary action pursuant to this chapter shall, within 30 days
after the licensee’s receipt of notification of the initiation of the
disciplinary action, submit to the Board a complete set of fingerprints and
written permission authorizing the Board to forward the fingerprints to the
Central Repository for Nevada Records of Criminal History for submission to the
Federal Bureau of Investigation for its report.
2. The willful failure of a licensee to
comply with the requirements of subsection 1 constitutes additional grounds for
disciplinary action and the revocation of the license of the licensee.
3. The Board has additional grounds for
initiating disciplinary action against a licensee if the report from the
Federal Bureau of Investigation indicates that the licensee has been convicted
of:
(a) An act that is a ground for disciplinary
action pursuant to NRS 633.511; or
(b) A felony set forth in NRS
633.741.
(Added to NRS by 2005, 2527; A 2009, 2987)
NRS 633.631 Service of process. Except as otherwise
provided in chapter 622A of NRS:
1. Service of process made under this
chapter must be either personal or by registered or certified mail with return
receipt requested, addressed to the osteopathic physician or physician
assistant at his or her last known address, as indicated in the records of the
Board. If personal service cannot be made and if mail notice is returned
undelivered, the Secretary of the Board shall cause a notice of hearing to be
published once a week for 4 consecutive weeks in a newspaper published in the
county of the last known address of the osteopathic physician or physician
assistant or, if no newspaper is published in that county, 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 Secretary
of the Board and must be recorded in the minutes of the Board.
(Added to NRS by 1977, 951; A 2005, 767; 2011, 1047)
NRS 633.641 Requirements for proof. 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 or to practice as a
physician assistant is conclusive evidence of its occurrence.
(Added to NRS by 1977, 952; A 2001, 495; 2005, 264, 767; 2005,
22nd Special Session, 108; 2011, 1047)
NRS 633.643 Standard of proof. In
any disciplinary proceedings conducted pursuant to this chapter, the standard
of proof is a preponderance of the evidence.
(Added to NRS by 2009, 2979)
NRS 633.651 Required disciplinary action for violations; private reprimands
prohibited; orders imposing discipline deemed public records.
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 or to practice as a physician assistant for a specified
period or until further order of the Board.
(e) Revoke the license of the person to practice
osteopathic medicine or to practice as a physician assistant.
(f) Impose a fine not to exceed $5,000 for each
violation.
(g) Require supervision of the practice of the
person.
(h) Require the person to perform community
service without compensation.
(i) Require the person to complete any training
or educational requirements specified by the Board.
(j) Require the person to participate in a
program to correct alcohol or drug dependence or any other impairment.
Ê The order of
the Board may contain any 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; 2009, 2988;
2011, 1047)
NRS 633.660 Hearing officers and panels: Delegation of authority by Board. 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)
NRS 633.665 Hearing officers and panels: Powers. 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)
NRS 633.671 Judicial review.
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 osteopathic medicine or the practice of a physician assistant
or suspends or revokes a license is effective from the date on which the order
is issued by the Board 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; 2011, 1048)
NRS 633.681 Reinstatement of license to practice osteopathic medicine or to
practice as physician assistant.
1. Any person:
(a) Whose practice of osteopathic medicine or
practice as a physician assistant has been limited; or
(b) Whose license to practice osteopathic
medicine or to practice as a physician assistant 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 the
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; 2011, 1048)
Miscellaneous Provisions
NRS 633.691 Immunity from civil action; Board prohibited from taking certain
action against osteopathic physician or physician assistant for disclosing
violations to governmental entity or cooperating in related investigation,
hearing or inquiry.
1. 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, an employee or volunteer of a diversion program specified
in NRS 633.561, or any person who or other
organization which initiates or assists in any lawful investigation or
proceeding concerning the discipline of an osteopathic physician or physician
assistant for gross malpractice, 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 in
good faith.
2. The Board shall not commence an
investigation, impose any disciplinary action or take any other adverse action
against an osteopathic physician or physician assistant for:
(a) Disclosing to a governmental entity a
violation of a law, rule or regulation by an applicant for a license to
practice osteopathic medicine or to practice as a physician assistant, or by an
osteopathic physician or physician assistant; or
(b) Cooperating with a governmental entity that
is conducting an investigation, hearing or inquiry into such a violation,
including, without limitation, providing testimony concerning the violation.
3. As used in this section, “governmental
entity” includes, without limitation:
(a) A federal, state or local officer, employee,
agency, department, division, bureau, board, commission, council, authority or
other subdivision or entity of a public employer;
(b) A federal, state or local employee,
committee, member or commission of the Legislative Branch of Government;
(c) A federal, state or local representative, member
or employee of a legislative body or a county, town, village or any other
political subdivision or civil division of the State;
(d) A federal, state or local law enforcement
agency or prosecutorial office, or any member or employee thereof, or police or
peace officer; and
(e) A federal, state or local judiciary, or any
member or employee thereof, or grand or petit jury.
(Added to NRS by 1977, 953; A 2001, 496; 2005, 265, 768; 2005,
22nd Special Session, 108; 2009, 1427,
2988; 2011, 1048)
NRS 633.693 Performance of laser eye surgery or intense pulsed light therapy
without proper training. Laser
surgery or intense pulsed light therapy on the globe of the eye of a patient
may be performed only by a licensed osteopathic physician who has completed a
program of progressive postgraduate education in ophthalmology as a resident in
the United States or Canada in a program approved by the Bureau of Osteopathic
Education of the American Osteopathic Association, the Accreditation Council
for Graduate Medical Education or the Council on Medical Education of the Canadian
Medical Association.
(Added to NRS by 2007, 3047)
NRS 633.694 Administration of anesthesia or sedation.
1. An osteopathic physician shall not
administer or supervise directly the administration of general anesthesia,
conscious sedation or deep sedation to patients unless the general anesthesia,
conscious sedation or deep sedation is administered:
(a) In an office of a physician or osteopathic
physician which holds a permit pursuant to NRS
449.435 to 449.448, inclusive;
(b) In a facility which holds a permit pursuant
to NRS 449.435 to 449.448, inclusive;
(c) In a medical facility as that term is defined
in NRS 449.0151; or
(d) Outside of this State.
2. As used in this section:
(a) “Conscious sedation” has the meaning ascribed
to it in NRS 449.436.
(b) “Deep sedation” has the meaning ascribed to
it in NRS 449.437.
(c) “General anesthesia” has the meaning ascribed
to it in NRS 449.438.
(Added to NRS by 2009, 536)
NRS 633.695 Authority of nonprofit medical school or research institution to
operate as corporation, operate clinic in conjunction with school or research
facility and retain portion of money generated by clinic. A private nonprofit school of osteopathic
medicine that is licensed by the Commission on Postsecondary Education and
approved by the American Osteopathic Association’s Commission on College
Accreditation may, notwithstanding any provision of law to the contrary:
1. Operate as a corporation or other
business organization or association with ownership or control shared by
persons licensed pursuant to this chapter and persons not licensed pursuant to
this chapter;
2. Operate a clinic in conjunction with
the school which is staffed by osteopathic physicians or physicians who are:
(a) Licensed pursuant to this chapter or chapter 630 of NRS, respectively; and
(b) Members of the faculty of the school; and
3. Retain all or a portion of the money
generated by a clinic described in subsection 2, including, without limitation,
any professional income generated by an osteopathic physician or physician
staffing the clinic.
(Added to NRS by 2007, 1831)
NRS 633.701 Limitation or termination of licensee’s privileges or criminal
prosecution not precluded by disciplinary action; immunity from civil
liability. 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 or
physician assistant 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 osteopathic physician
or physician assistant.
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; 2011, 1049)
NRS 633.706 Suspension of license for failure to pay child support or comply
with certain subpoenas or warrants; reinstatement of license. [Effective until
2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring
each state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. If the Board receives a copy of a court
order issued pursuant to NRS 425.540
that provides for the suspension of all professional, occupational and
recreational licenses, certificates and permits issued to a person who is the
holder of a license issued pursuant to this chapter, 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
issued pursuant to this chapter 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; 2009, 1856)
NRS 633.707 Osteopathic physician authorized to issue order for public or
private school to obtain and maintain auto-injectable epinephrine at school;
definitions.
1. An osteopathic physician may issue to a
public or private school an order to allow the school to obtain and maintain
auto-injectable epinephrine at the school, regardless of whether any person at
the school has been diagnosed with a condition which may cause the person to
require such medication for the treatment of anaphylaxis.
2. An order issued pursuant to subsection
1 must contain:
(a) The name and signature of the osteopathic physician
and the address of the osteopathic physician if not immediately available to
the pharmacist;
(b) The classification of his or her license;
(c) The name of the public or private school to
which the order is issued;
(d) The name, strength and quantity of the drug
authorized to be obtained and maintained by the order; and
(e) The date of issue.
3. An osteopathic physician is not subject
to disciplinary action solely for issuing a valid order pursuant to subsection
1 to an entity other than a natural person and without knowledge of a specific
natural person who requires the medication.
4. As used in this section:
(a) “Private school” has the meaning ascribed to
it in NRS 394.103.
(b) “Public school” has the meaning ascribed to
it in NRS 385.007.
(Added to NRS by 2013, 1228)
INJUNCTIVE RELIEF; PROSECUTION; PENALTIES
NRS 633.711 Injunctive relief against person practicing without license.
1. The Board, through an officer of the
Board or the Attorney General, may maintain in any court of competent
jurisdiction a suit for an injunction against any person:
(a) Practicing osteopathic medicine or practicing
as a physician assistant without a valid license to practice osteopathic
medicine or to practice as a physician assistant; or
(b) Engaging in telemedicine without a valid
license pursuant to NRS 633.165.
2. An injunction issued pursuant to
subsection 1:
(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) Must not relieve such person from criminal
prosecution for practicing without such a license.
(Added to NRS by 1977, 953; A 2007, 1842; 2011, 1049)
NRS 633.721 Sufficiency of allegations in criminal complaint charging
unlawful practice. In a criminal
complaint charging any person with practicing osteopathic medicine or
practicing as a physician assistant without a valid license issued by the
Board, it is sufficient to charge that the person did, upon a certain day, and
in a certain county of this State, engage in such practice 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; A 2007, 1843; 2011, 1050)
NRS 633.731 Prosecution of violators; employment of investigators and
assistants. 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)
NRS 633.741 Unlawful acts; penalties.
1. It is unlawful for any person to:
(a) Except as otherwise provided in NRS 629.091, practice:
(1) Osteopathic medicine without a valid
license to practice osteopathic medicine under this chapter;
(2) As a physician assistant without a
valid license under this chapter; or
(3) Beyond the limitations ordered upon
his or her practice by the Board or the court;
(b) Present as his or her own the diploma,
license or credentials of another;
(c) Give either false or forged evidence of any
kind to the Board or any of its members in connection with an application for a
license;
(d) File for record the license issued to
another, falsely claiming himself or herself to be the person named in the
license, or falsely claiming himself or herself to be the person entitled to
the license;
(e) Practice osteopathic medicine or practice as
a physician assistant under a false or assumed name or falsely personate
another licensee of a like or different name;
(f) Hold himself or herself out as a physician
assistant or use any other term indicating or implying that he or she is a
physician assistant, unless the person has been licensed by the Board as
provided in this chapter; or
(g) Supervise a person as a physician assistant
before such person is licensed as provided in this chapter.
2. A person who violates any provision of
subsection 1:
(a) If no substantial bodily harm results, is
guilty of a category D felony; or
(b) If substantial bodily harm results, is guilty
of a category C felony,
Ê and shall be
punished as provided in NRS 193.130,
unless a greater penalty is provided pursuant to NRS 200.830 or 200.840.
3. In addition to any other penalty
prescribed by law, if the Board determines that a person has committed any act
described in subsection 1, the Board may:
(a) Issue and serve on the person an order to
cease and desist until the person obtains from the Board the proper license or
otherwise demonstrates that he or she is no longer in violation of subsection
1. An order to cease and desist must include a telephone number with which the person
may contact the Board.
(b) Issue a citation to the person. A citation
issued pursuant to this paragraph must be in writing, describe with
particularity the nature of the violation and inform the person of the
provisions of this paragraph. Each activity in which the person is engaged
constitutes a separate offense for which a separate citation may be issued. To
appeal a citation, the person must submit a written request for a hearing to
the Board not later than 30 days after the date of issuance of the citation.
(c) Assess against the person an administrative
fine of not more than $5,000.
(d) Impose any combination of the penalties set
forth in paragraphs (a), (b) and (c).
(Added to NRS by 1977, 954; A 1979, 1490; 1995, 752, 1310, 1333; 2007, 1843; 2011, 1050;
2013, 998,
2225)
