Nac: Chapter 630 - Physicians, Perfusionists, Physician Assistants And Practitioners Of Respiratory Care

Link to law: http://www.leg.state.nv.us/nac/NAC-630.html
Published: 2015

[Rev. 12/7/2015 2:43:24 PM]

 

This chapter of NAC has changes

which have been adopted but have not been codified; you can see those changes

by viewing the following regulation(s) on the Nevada Register of Administrative

Regulations: R001-14, R002-14, R057-14, R134-14

[NAC-630 Revised Date: 9-14]

CHAPTER 630 - PHYSICIANS, PERFUSIONISTS,

PHYSICIAN ASSISTANTS AND PRACTITIONERS OF RESPIRATORY CARE

GENERAL PROVISIONS

630.010            Definitions.

630.025            “Controlled substance”

defined.

630.040            “Malpractice”

interpreted.

630.043            “State” interpreted.

630.045            Submission of documents

to Board: Signature required.

LICENSING

630.050            Application:

Restrictions; filing; contents; fee.

630.055            Qualifications:

“Progressive postgraduate education” interpreted.

630.080            Examinations.

630.130            Limited license for

graduate program of training.

630.135            Renewal of limited

license for graduate program of training; annual report required; grounds for

disciplinary action or denial or revocation of license.

630.145            Restricted license:

“Medically underserved area” defined.

630.147            Special event license

to demonstrate medical techniques and procedures: Application.

630.149            Special event license

to demonstrate medical techniques and procedures: Validity; limitations on

conduct of demonstrations.

630.153            Continuing education:

General requirements; exemption; failure to comply; credit for medical review.

630.154            Continuing education:

Course of instruction relating to medical consequences of act of terrorism

involving use of weapon of mass destruction.

630.155            Continuing education:

Credit for continuing education class on geriatrics and gerontology.

630.157            Continuing education:

Licensing after beginning of period of biennial registration; change of status

to active.

630.162            Temporary license:

“Community” interpreted.

630.165            Effect of revocation of

license in another jurisdiction: “Gross medical negligence” defined.

630.170            Termination of license

issued to alien.

630.175            Fee for biennial

registration: Payment; refund.

630.178            Change in status of

license after expiration for nonpayment of fee.

630.180            Refund of fee for

application; rejection of application.

STANDARDS OF PRACTICE

630.185            Standards established.

630.187            Adoption by reference

of Model Policy for the Use of Controlled Substances for the Treatment of

Pain.

630.190            Prohibited advertising.

630.205            Prescription of

appetite suppressants.

630.210            Consultation with

another provider of health care.

630.225            Reporting of physician

brought into this State for consultation with or assistance to licensed

physician.

630.230            Prohibited professional

conduct.

REPORTS

630.235            Annual reports of

certain information concerning surgeries: Submission; form.

630.237            Annual reports of

certain information concerning surgeries: Administrative penalty.

DISCIPLINARY ACTION

630.240            Voluntary surrender of

license.

630.243            Procedure for dealing

with findings of exposure to human immunodeficiency virus.

630.251            Grounds: “Gross

malpractice” interpreted.

630.255            Exemption from grounds:

“Intractable pain” defined.

630.260            Notice of technical or

scientific facts.

630.270            Disposition of findings

and order of Board.

630.275            Confidentiality of

certain information regarding physicians, physician assistants, practitioners

of respiratory care and perfusionists.

PHYSICIAN ASSISTANTS

630.280            Qualifications of

applicants.

630.290            Application for

license.

630.310            Rejection of

application.

630.315            Denial of application.

630.320            Temporary license.

630.325            Locum tenens license.

630.330            Contents of license.

630.340            Period of validity of

license; notification of practice; termination of supervision; disciplinary

action; refusal to license.

630.350            Renewal, expiration and

reinstatement of license.

630.353            Continuing education:

Course of instruction relating to medical consequences of act of terrorism

involving use of weapon of mass destruction.

630.357            Continuing education:

Credit for continuing education class on geriatrics and gerontology.

630.360            Performance of

authorized medical services; identification; misrepresentation; notification of

change regarding supervising physician.

630.370            Supervising physician:

Duties; qualifications.

630.375            Physician assistant

deemed to be agent of supervising physician; performance of emergency medical

services without supervision.

630.380            Disciplinary action:

Grounds; institution; exception.

630.390            Disciplinary action:

Notice of charges.

630.400            Examination to

determine fitness to practice.

630.410            Determination after

notice and hearing: Sanctions or dismissal of charges.

630.415            Advisory committee.

PETITIONS, ORDERS, OPINIONS AND RULES OF PRACTICE

630.420            Petition for amendment

or repeal of regulation.

630.430            Filing of petition;

copies.

630.440            Submission,

consideration and disposition of petitions.

630.450            Declaratory orders and

advisory opinions.

630.455            Time limit for request

to Board for consideration or action upon matter at meeting.

630.460            Hearings: Appearance;

pleadings; motions; documents.

630.465            Hearings: Prehearing

conference.

630.470            Hearings: Procedure.

630.475            Subpoenas.

COLLABORATING OR SUPERVISING PHYSICIANS

630.490            Collaboration with

advanced practice registered nurse.

630.495            Restrictions on

simultaneous supervision of physician assistants and collaboration with

advanced practice registered nurses.

PRACTITIONERS OF RESPIRATORY CARE

630.500            Qualifications of

applicants.

630.505            Application for

license.

630.510            Grounds for rejection

of application.

630.515            Temporary license to

practice as intern.

630.520            Contents of license.

630.525            Fee for biennial

registration; cause for disciplinary action or refusal to issue license.

630.530            Renewal of license;

notification of withdrawal of certification; expiration and reinstatement of

license.

630.535            Suspension upon loss of

certification.

630.540            Grounds for discipline

or denial of licensure.

630.545            Disciplinary action:

Notice of charges.

630.550            Examination to

determine fitness to practice.

630.555            Determination after

notice and hearing: Sanctions or dismissal of charges.

630.560            Advisory committee.

USE OF MEANS OR INSTRUMENTALITIES OF TREATMENT OTHER THAN

CONVENTIONAL TREATMENT

630.600            “Conventional

treatment” defined.

630.605            Provisional approval;

disciplinary action for violation.

630.610            Use of certain means or

instrumentalities prohibited.

630.615            Assessment of patient;

contents of assessment.

630.620            Documented treatment

plan.

630.625            Periodic reviews of

care of patient.

630.630            Records of care

provided to patient.

PERFUSIONISTS

630.700            Application for

license.

630.710            Grounds for rejection

of application.

630.720            Contents of license.

630.730            Primary location of

practice.

630.740            Renewal of license;

continuing education; notice of renewal.

630.750            Fee for reinstatement

of expired license.

630.760            Performance of

authorized services; identification; misrepresentation.

630.770            Grounds for discipline

or denial of licensure.

630.780            Examination to

determine fitness to practice.

630.790            Advisory committee.

SUPERVISION OF MEDICAL ASSISTANTS

630.800            “Delegating

practitioner” defined.

630.810            Delegation of tasks to

medical assistant.

630.820            Remote supervision of

medical assistant.

630.830            Prohibited activities

by delegating practitioner.

 

 

 

 

GENERAL PROVISIONS

      NAC 630.010  Definitions. (NRS 630.130)  As used

in this chapter, unless the context otherwise requires, the words and terms

defined in NRS 630.005 to 630.026, inclusive, and NAC 630.025 have the meanings ascribed to them in

those sections.

     [Bd. of Medical Exam’rs, § 630.010, eff. 12-20-79]—(NAC

A 6-23-86; 9-12-91; R007-99, 9-27-99; R089-00, 7-19-2000)

      NAC 630.025  “Controlled substance” defined. (NRS 630.130)  “Controlled

substance” has the meaning ascribed to it in NRS 0.031.

     (Added to NAC by Bd. of Medical Exam’rs by R007-99,

eff. 9-27-99)

      NAC 630.040  “Malpractice” interpreted. (NRS 630.130)  For the

purposes of chapter 630 of NRS,

“malpractice” means the failure of a physician, in treating a patient, to use

the reasonable care, skill, or knowledge ordinarily used under similar

circumstances.

     (Added to NAC by Bd. of Medical Exam’rs, eff. 7-18-96)—(Substituted

in revision for NAC 630.245)

      NAC 630.043  “State” interpreted. (NRS 630.130, 630.266)  For the

purposes of NRS 630.266 and NAC 630.147 and 630.149,

the Board will interpret the term “state,” when referring to a state other than

this State, to mean a state of the United States other than Nevada, the

District of Columbia, Puerto Rico, the United States Virgin Islands, or any

territory or insular possession subject to the jurisdiction of the United

States.

     (Added to NAC by Bd. of Medical Exam’rs by R146-10,

eff. 10-26-2011)

      NAC 630.045  Submission of documents to Board: Signature required. (NRS 630.130, 630.269, 630.275, 630.279)

     1.  Any document submitted to the Board by a

licensee or an applicant for a license to practice medicine, to practice as a

physician assistant, to practice as a practitioner of respiratory care or to

practice as a perfusionist must bear the original signature of the licensee or

applicant.

     2.  The Board may refuse to accept any document

submitted by a licensee or an applicant for a license that does not bear the

original signature of the licensee or applicant.

     3.  As used in this section, “document” means

any written submission, notification or communication, including, without limitation:

     (a) An application for a license;

     (b) A request for renewal of a license;

     (c) A request for a change of status; or

     (d) A notification of a change of address.

     (Added to NAC by Bd. of Medical Exam’rs by R006-07,

eff. 10-31-2007; A by R061-11, 5-30-2012)

LICENSING

      NAC 630.050  Application: Restrictions; filing; contents; fee. (NRS 630.130)

     1.  The Board will not accept any application

for any type of license to practice medicine in this State if the Board cannot

substantiate that the medical school from which the applicant graduated

provided the applicant with a resident course of professional instruction

equivalent to that provided in the United States or a Canadian medical school

approved by either the Liaison Committee on Medical Education of the American

Medical Association and the Association of American Medical Colleges or by the

Committee on Accreditation of Canadian Medical Schools.

     2.  Except as otherwise provided in NAC 630.130, an applicant for any license to practice

medicine must file his or her sworn application with the Board. The application

must include or indicate the following:

     (a) If the applicant is not a citizen of the United

States, satisfactory evidence from the United States Citizenship and

Immigration Services of the Department of Homeland Security that he or she is

lawfully entitled to remain and work in the United States.

     (b) All documentation required by the application.

     (c) Complete answers to all questions on the form.

     3.  The application must be accompanied by

the applicable fee.

     4.  If the Board denies an application for

any type of license to practice medicine in this State, the Board may prohibit

the person whose application was denied from reapplying for a period of 1 year

to 3 years after the date of the denial.

     [Bd. of Medical Exam’rs, § 630.050, eff. 12-20-79]—(NAC

A 6-23-86; 3-19-87; R149-97, 3-30-98; R080-05, 10-31-2005)

      NAC 630.055  Qualifications: “Progressive postgraduate education” interpreted.

(NRS

630.130, 630.160)  As used

in paragraph (d) of subsection 2 of NRS

630.160, the term “progressive postgraduate education” does not include

training received in the program commonly referred to as the “fifth pathway

program,” which was established by the American Medical Association in 1971 to

allow entry into the first year of graduate medical education in the United

States to citizens of the United States who study at foreign medical schools.

     (Added to NAC by Bd. of Medical Exam’rs by R007-99,

eff. 9-27-99; A by R145-03, 12-16-2003)

      NAC 630.080  Examinations. (NRS 630.130, 630.160, 630.180, 630.318)

     1.  For the purposes of paragraph (e) of

subsection 2 of NRS 630.160, an

applicant for a license to practice medicine must pass:

     (a) A written examination concerning the statutes

and regulations relating to the practice of medicine in this State; and

     (b) Except as otherwise provided in subsection 2,

an examination, designated by the Board, to test the competency of the

applicant to practice medicine, including, without limitation:

          (1) The Special Purpose Examination;

          (2) An examination testing competence to

practice medicine conducted by physicians; or

          (3) Any other examination designed to test the

competence of the applicant to practice medicine.

     2.  The Board will deem an applicant to have

satisfied the requirements of paragraph (b) of subsection 1 if:

     (a) Within 10 years before the date of an application

for a license to practice medicine in this State, the applicant has passed:

          (1) Part III of the examination given by the

National Board of Medical Examiners;

          (2) Component II of the Federation Licensing

Examination;

          (3) Step 3 of the United States Medical

Licensing Examination;

          (4) All parts of the examination to become a

licentiate of the Medical Council of Canada;

          (5) The examination for primary certification

or recertification by a specialty board of the American Board of Medical

Specialties and received primary certification from that board; or

          (6) The Special Purpose Examination; or

     (b) The applicant is currently certified and was

certified prior to recertification or maintenance of certification requirements

by a specialty board of the American Board of Medical Specialties, agrees to

maintain that certification throughout any period of licensure in this State

and has actively practiced clinical medicine for the past 5 years in any state

in which the applicant is licensed.

     3.  For the purposes of subparagraph (3) of

paragraph (c) of subsection 2 of NRS

630.160:

     (a) An applicant for a license to practice medicine

must pass Step 1, Step 2 and Step 3 of the United States Medical Licensing

Examination in not more than a total of nine attempts and must pass Step 3 in

not more than a total of three attempts; and

     (b) An applicant:

          (1) Who holds a degree of doctor of medicine

must pass all steps of the examination within 7 years after the date on which

the applicant first passes any step of the examination; or

          (2) Who holds a degree of doctor of medicine

and a degree of doctor of philosophy must pass all steps of the examination

within 10 years after the date on which the applicant first passes any step of

the examination.

     4.  For any examination conducted by the

Board for a license to practice medicine, an applicant must answer correctly at

least 75 percent of the questions propounded. The Board will use the weighted

average score of 75, as determined by the Federation of State Medical Boards of

the United States, Inc., to satisfy the required score of 75 percent for

passage of the Special Purpose Examination and the United States Medical

Licensing Examination.

     5.  The Board will authorize the Federation

of State Medical Boards of the United States, Inc., to administer the Special

Purpose Examination or the United States Medical Licensing Examination on

behalf of the Board.

     6.  An applicant for a license to practice

medicine and a person who holds a license to practice medicine must pay the

reasonable costs of any examination required for licensure and any examination

ordered pursuant to NRS 630.318.

     [Bd. of Medical Exam’rs, § 630.080, eff. 12-20-79]—(NAC

A 6-23-86; 3-19-87; 11-21-88; 3-7-90; 9-12-91; R149-97, 3-30-98; R007-99, 9-27-99;

R167-99, 1-19-2000; R145-03, 12-16-2003; R054-05, 10-31-2005; R150-07 &

R151-07, 6-17-2008)

      NAC 630.130  Limited license for graduate program of training. (NRS 630.130, 630.265)

     1.  The applicant for a limited license to

practice medicine as a resident physician in a graduate program of clinical

training must file an application with the Board on the standard form for

application for a license to practice medicine and submit with the application

such proofs and documents as are required on the form to the extent that the

proofs and documents are applicable to the issuance of the limited license.

     2.  The application must be accompanied by

written confirmation from the institution sponsoring the graduate program of

clinical training that the applicant has been appointed to a position in the

program. If the applicant is not a citizen of the United States, the applicant

must also provide satisfactory evidence from the United States Citizenship and

Immigration Services of the Department of Homeland Security that he or she is

lawfully entitled to remain and work in the United States.

     3.  The Board will review the application

and, upon approval, issue the limited license. An applicant for a limited

license may be required to appear before the Board or one of its members for an

oral interview before the issuance of the limited license.

     4.  A limited license issued under this

section will state on its face that it is a limited license to practice

medicine as a resident physician in a graduate program of clinical training,

and the period during which it is valid. If the licensee is not a citizen of

the United States, a limited license is valid only as long as the licensee is

lawfully entitled to remain and work in the United States.

     [Bd. of Medical Exam’rs, § 630.130, eff. 12-20-79]—(NAC

A 6-23-86; R042-12, 2-20-2013)

      NAC 630.135  Renewal of limited license for graduate program of training;

annual report required; grounds for disciplinary action or denial or revocation

of license. (NRS

630.130, 630.265)

     1.  A resident physician who wishes to renew

a limited license to practice medicine as a resident physician in a graduate

program of clinical training must file an application for renewal with the

Board.

     2.  The application must be:

     (a) Completed by the applicant; and

     (b) Certified by the director of the program of

clinical training.

     3.  As a condition of renewal of a limited

license to practice medicine as a resident physician in a graduate program of

clinical training, the licensee shall submit an annual report signed by the

director of the program of clinical training that has been:

     (a) Submitted on a form supplied by the Board; and

     (b) Signed by the chair of the Graduate Medical

Education Committee.

     4.  The holder of a limited license may be

disciplined if information supplied to the Board by the director of the program

of clinical training constitutes grounds for:

     (a) Disciplinary action pursuant to NRS 630.301 to 630.3065, inclusive; or

     (b) Denial or revocation of a license pursuant to NRS 630.161.

     5.  The Board may deny the application for

any of the reasons set forth as grounds for the denial of a license to practice

medicine pursuant to NRS 630.200.

     (Added to NAC by Bd. of Medical Exam’rs by R149-97,

eff. 3-30-98; A by R108-01, 11-29-2001)

      NAC 630.145  Restricted license: “Medically underserved area” defined. (NRS 630.130, 630.264)  For the

purposes of subsection 1 of NRS

630.264, “medically underserved area” means any geographic area designated

by the Board with a population to primary care physician ratio of 2,500:1. When

designating a geographic area as medically underserved, the Board may consider

any additional criteria proposed by the Officer of Rural Health of the

University of Nevada School of Medicine or a board of county commissioners.

     (Added to NAC by Bd. of Medical Exam’rs by R108-01,

eff. 11-29-2001)—(Substituted in revision for NAC 630.035)

      NAC 630.147  Special event license to demonstrate medical techniques and

procedures: Application. (NRS 630.130, 630.266, 630.268)  An

applicant for a special event license issued pursuant to NRS 630.266 must, not later than 30

days before the requested effective date described in subsection 1, submit to

the Board or, where appropriate, cause to be submitted to the Board:

     1.  An application for a special event

license on a form approved by the Board. The application must include, without

limitation, the date on which the applicant wishes the special event license to

become effective. To ensure compliance with NRS 630.266, the application must

also include:

     (a) Verification that the applicant is currently

licensed as a physician in another state and is in good standing in that state;

     (b) The dates and locations of the demonstrations

of medical techniques or procedures that the applicant plans to conduct

pursuant to the special event license; and

     (c) A description of the type of persons expected

to attend the demonstrations.

     2.  The documentation and information, other

than an application, that an applicant for a license to practice medicine is

required to submit to the Board pursuant to NRS 630.165 to 630.173, inclusive, 630.195 and 630.197.

     3.  The applicable fee for the application

for and issuance of the special event license as prescribed by the Board

pursuant to subsection 1 of NRS

630.268.

     4.  Such other pertinent information as the

Board may require.

     (Added to NAC by Bd. of Medical Exam’rs by R146-10,

eff. 10-26-2011)

      NAC 630.149  Special event license to demonstrate medical techniques and

procedures: Validity; limitations on conduct of demonstrations. (NRS 630.130, 630.266)

     1.  If the Board issues a special event

license pursuant to NRS 630.266,

the Board will provide the period for which the special event license is valid.

The period of validity will not exceed 15 days after the effective date of the

special event license as established by the Board.

     2.  A holder of a special event license

issued pursuant to NRS 630.266

may, pursuant to the special event license:

     (a) Conduct only those demonstrations of medical

techniques or procedures approved by the Board; and

     (b) Conduct those demonstrations only on the dates

and at the locations approved by the Board.

     (Added to NAC by Bd. of Medical Exam’rs by R146-10,

eff. 10-26-2011)

      NAC 630.153  Continuing education: General requirements; exemption; failure to

comply; credit for medical review. (NRS 630.130, 630.253)

     1.  Except as otherwise provided in

subsection 2 and NAC 630.157, each holder of a

license to practice medicine shall, at the time of the biennial registration,

submit to the Board by the final date set by the Board for submitting

applications for biennial registration evidence, in such form as the Board

requires, that he or she has completed 40 hours of continuing medical education

during the preceding 2 years in one or more educational programs, 2 hours of

which must be in medical ethics and 20 hours of which must be in the scope of

practice or specialty of the holder of the license. Each educational program

must:

     (a) Offer, upon successful completion of the

program, a certificate of Category 1 credit as recognized by the American

Medical Association to the holder of the license;

     (b) Be approved by the Board; and

     (c) Be sponsored in whole or in part by an

organization accredited or deemed to be an equivalent organization to offer

such programs by the American Medical Association or the Accreditation Council

for Continuing Medical Education.

     2.  Any holder of a license who has completed

a full year of residency or fellowship in the United States or Canada any time

during the period for biennial registration immediately preceding the

submission of the application for biennial registration is exempt from the

requirements set forth in subsection 1.

     3.  If the holder of a license fails to

submit evidence of his or her completion of continuing medical education within

the time and in the manner prescribed by subsection 1, the license will not be

renewed. Such a person may not resume the practice of medicine unless, within 2

years after the end of the biennial period of registration, the person:

     (a) Pays a fee to the Board which is twice the fee

for biennial registration otherwise prescribed by subsection 1 of NRS 630.268;

     (b) Submits to the Board, in such form as it

requires, evidence that he or she has completed 40 hours of Category 1

continuing medical education as recognized by the American Medical Association

within the preceding 2 years; and

     (c) Is found by the Board to be otherwise qualified

for active status pursuant to the provisions of this chapter and chapter 630 of NRS.

     4.  The Board may issue up to 20 hours of

continuing medical education credit during a single biennial period to a holder

of a license to practice medicine if the licensee performs a medical review for

the Board. The hours issued by the Board:

     (a) May be credited against the 40 hours required

for any single biennial registration period pursuant to subsection 1; and

     (b) Without exceeding the limit of 20 hours, must

be equal to the actual time involved in performing the medical review.

     (Added to NAC by Bd. of Medical Exam’rs, 7-31-85, eff.

8-1-85; A 6-23-86; 11-21-88; 9-12-91; R149-97, 3-30-98; R108-01, 11-29-2001)

      NAC 630.154  Continuing education: Course of instruction relating to medical

consequences of act of terrorism involving use of weapon of mass destruction. (NRS 630.130, 630.253)

     1.  Pursuant to the provisions of NRS 630.253, a holder of a license

to practice medicine shall complete a course of instruction relating to the

medical consequences of an act of terrorism that involves the use of a weapon

of mass destruction:

     (a) If the holder of a license to practice medicine

was initially licensed by the Board on or after October 1, 2003, within 2 years

of initial licensure.

     (b) If the holder of a license to practice medicine

was initially licensed by the Board before October 1, 2003, on or before

September 30, 2005.

     2.  In addition to the requirements provided

pursuant to NRS 630.253, a

course of instruction relating to the medical consequences of an act of terrorism

that involves the use of a weapon of mass destruction:

     (a) Except as otherwise provided in subsection 3,

must offer, upon successful completion of the program, a certificate of

Category 1 credit as recognized by the American Medical Association to the

holder of the license; and

     (b) Is in addition to the continuing education

required pursuant to NAC 630.153.

     3.  A course of instruction relating to the

medical consequences of an act of terrorism that involves the use of a weapon

of mass destruction will be deemed to satisfy the requirements of paragraph (a)

of subsection 2 if the course was provided to a holder of a license to practice

medicine:

     (a) After January 1, 2002; and

     (b) As a part of the training the holder of the

license to practice medicine received:

          (1) While serving in the military; or

          (2) While serving as a public health officer.

     (Added to NAC by Bd. of Medical Exam’rs by R145-03,

eff. 12-16-2003)

      NAC 630.155  Continuing education: Credit for continuing education class on

geriatrics and gerontology. (NRS 630.130, 630.253)

     1.  Except as otherwise provided in

subsection 2, if a holder of a license to practice medicine takes a continuing

education class on geriatrics and gerontology, the holder is entitled to

receive credit towards the continuing medical education required pursuant to NAC 630.153 equal to twice the number of hours the

holder of the license actually spends in a continuing education class on

geriatrics and gerontology.

     2.  During any biennial licensing period, a

holder of a license to practice medicine may receive a maximum credit pursuant

to subsection 1 of 8 hours of continuing medical education for 4 hours of time

spent in a continuing education class on geriatrics and gerontology.

     3.  As used in this section, “continuing

education class on geriatrics and gerontology” means a class that meets the

requirements of:

     (a) For a class of continuing medical education, NAC 630.153; and

     (b) For a continuing education class on geriatrics

and gerontology, NRS 630.253.

     (Added to NAC by Bd. of Medical Exam’rs by R145-03,

eff. 12-16-2003)

      NAC 630.157  Continuing education: Licensing after beginning of period of

biennial registration; change of status to active. (NRS 630.130, 630.253)

     1.  Except as otherwise provided in NAC 630.153, each person licensed after the beginning

of a period of biennial registration must, if he or she was licensed during

the:

     (a) First 6 months of the biennial period of

registration, complete 40 hours of Category 1 continuing medical education as

recognized by the American Medical Association;

     (b) Second 6 months of the biennial period of

registration, complete 30 hours of Category 1 continuing medical education as

recognized by the American Medical Association;

     (c) Third 6 months of the biennial period of

registration, complete 20 hours of Category 1 continuing medical education as

recognized by the American Medical Association; or

     (d) Fourth 6 months of the biennial period of

registration, complete 10 hours of Category 1 continuing medical education as

recognized by the American Medical Association.

     2.  An applicant who applies to change his or

her status to active status must provide proof of completion of 40 hours of

Category 1 continuing medical education as recognized by the American Medical

Association within the 24 months immediately preceding such an application.

     (Added to NAC by Bd. of Medical Exam’rs, 7-31-85, eff.

8-1-85; A 6-23-86; R149-97, 3-30-98)

      NAC 630.162  Temporary license: “Community” interpreted. (NRS 630.130, 630.261)  As used

in paragraph (d) of subsection 1 of NRS

630.261, “community” means a geographical area or patient service area

served by an agency of the State Government.

     (Added to NAC by Bd. of Medical Exam’rs, eff. 11-21-88)

      NAC 630.165  Effect of revocation of license in another jurisdiction: “Gross

medical negligence” defined. (NRS 630.130, 630.161)  For the purposes

of NRS 630.161, “gross medical

negligence” has the meaning:

     1.  Ascribed to it by the jurisdiction in

which the license was revoked; or

     2.  Ascribed to a term which the Board determines

to be substantially similar to “gross medical negligence” by the jurisdiction

in which the license was revoked.

     (Added to NAC by Bd. of Medical Exam’rs, eff. 7-18-96)

      NAC 630.170  Termination of license issued to alien. (NRS 630.130)  A

license issued to an alien automatically terminates if the alien loses his or

her entitlement to remain and work in the United States. A license issued to an

alien after March 15, 1999, must state in a conspicuous manner:

 

This license is issued subject to any

limitations imposed by the United States Citizenship and Immigration Services

of the Department of Homeland Security. This license becomes void immediately

upon the termination of the right of the person named hereon to remain and work

in the United States lawfully.

 

     [Bd. of Medical Exam’rs, § 630.170, eff. 12-20-79]—(NAC

A by R007-99, 9-27-99)

      NAC 630.175  Fee for biennial registration: Payment; refund. (NRS 630.130, 630.267)  Unless

the license has expired for nonpayment of the fee for registration, any person

licensed to practice by the Board after July 1 of the second year of a period

of biennial registration shall pay one-half of the fee for biennial

registration for the current period of biennial registration. Any person

licensed to practice by the Board after commencement of a period of biennial

registration, but on or before July 1 of the second year of a period of

biennial registration, shall pay the full fee for biennial registration. Except

as otherwise provided by specific regulation, the fees for biennial

registration are not refundable.

     (Added to NAC by Bd. of Medical Exam’rs, eff. 6-23-86;

A 1-13-94; R141-11, 9-14-2012)

      NAC 630.178  Change in status of license after expiration for nonpayment of

fee. (NRS

630.130, 630.267)  If a

person whose license to practice medicine expired pursuant to NRS 630.267 for nonpayment of the

fee for biennial registration wishes to change the status of his or her license

from active to inactive or from inactive to active, the person must, within 2

years after the date on which the license expired, submit:

     1.  Twice the amount of the fee for biennial

registration applicable to the status of his or her license at the time of the

expiration; and

     2.  Any other information or documentation

required to complete that biennial registration.

     (Added to NAC by Bd. of Medical Exam’rs by R002-06,

eff. 5-21-2007; A by R136-11, 9-14-2012)

      NAC 630.180  Refund of fee for application; rejection of application. (NRS 630.130, 630.268)

     1.  If an applicant:

     (a) Does not complete his or her application by

providing all the documentation required by the form for application within 6

months after the actual date of filing of the form by the applicant;

     (b) Withdraws his or her application; or

     (c) Dies before he or she is issued a license by

the Board,

Ê the Board

will not refund any portion of the fee for application.

     2.  Applications which are not completed

within 6 months will be rejected.

     3.  If an applicant pays the fee for biennial

registration at the time of application, the Board will refund the fee for

biennial registration if the Board does not issue a license to the applicant

for any reason set forth in subsection 1 or 2.

     [Bd. of Medical Exam’rs, § 630.180, eff. 12-20-79]—(NAC

A 6-23-86; 11-21-88; 1-13-94; R149-97, 3-30-98; R139-11, 9-14-2012)

STANDARDS OF PRACTICE

      NAC 630.185  Standards established. (NRS 630.130)  NAC 630.185 to 630.230,

inclusive, set forth the standards of practice established by the Board.

     (Added to NAC by Bd. of Medical Exam’rs, eff. 6-23-86;

A 7-18-96)

      NAC 630.187  Adoption by reference of Model Policy for the Use of

Controlled Substances for the Treatment of Pain. (NRS 630.130, 630.275)

     1.  The Board hereby adopts by reference the Model

Guidelines for the Use of Controlled Substances for the Treatment of Pain,

May 1998, published by the Federation of State Medical Boards of the United

States, Inc., titled the Model Policy for the Use of Controlled Substances

for the Treatment of Pain for revisions published after April 2003, and any

subsequent revision of the publication that has been approved by the Board for

use in this State. Each revision of the publication shall be deemed approved by

the Board unless it disapproves of the revision within 60 days after the date

of publication of the revision.

     2.  The most recent publication of the Model

Policy for the Use of Controlled Substances for the Treatment of Pain

that has been approved by the Board will be available for inspection at the

office of the Board of Medical Examiners, 1105 Terminal Way, Suite 301, Reno,

Nevada 89502, or may be obtained, free of charge, from the Federation of State

Medical Boards of the United States, Inc., Federation Place, 400 Fuller Wiser

Road, Suite 300, Euless, Texas 76039-3855, or from the Federation of State

Medical Boards of the United States, Inc., at the Internet address http://www.fsmb.org.

The Board shall:

     (a) Review each revision of the publication to

ensure its suitability for this State; and

     (b) File a copy of each revision of the publication

it approves with the Secretary of State and the State Library and Archives

Administrator.

     (Added to NAC by Bd. of Medical Exam’rs by R089-00,

eff. 7-19-2000; A by R059-11, 5-30-2012)

      NAC 630.190  Prohibited advertising. (NRS 630.130, 630.304)

     1.  A licensee shall not advertise in such a

manner that the advertising:

     (a) Claims that a manifestly incurable disease can

be permanently cured;

     (b) Includes any false claim of a licensee’s

medical skill, or the efficacy or value of his or her medicine or treatment;

     (c) Claims or implies professional superiority of

the performance of any professional service in a manner superior to that of

other practitioners;

     (d) Guarantees any professional service or the

results of any course of treatment or surgical procedure, or the performance of

any operation painlessly;

     (e) Includes any statement which is known to be

false, or through the exercise of reasonable care should be known to be false,

deceptive, misleading or harmful, in order to induce any person to purchase,

utilize or acquire any professional services or to enter into any obligation or

transaction relating thereto;

     (f) Includes any extravagant claim, aggrandizement

of abilities or self-laudatory statement calculated to attract patients, and which

has a tendency to mislead the public or produce unrealistic expectations in

particular cases; or

     (g) Is false, deceptive or misleading in regard to

the price, cost, charge, fee or terms of credit or services performed or to be

performed.

     2.  It is sufficient for disciplinary

purposes that any statement or other advertising described in paragraph (e),

(f) or (g) of subsection 1 has a tendency to:

     (a) Deceive, mislead or harm the public because of

its false, deceptive, misleading or harmful character; or

     (b) Produce unrealistic expectations in particular

cases, even though no member of the public is actually deceived, misled or

harmed, or no unrealistic expectations are actually produced by the statement

or other advertising.

     [Bd. of Medical Exam’rs, § 630.190, eff. 12-20-79]—(NAC

A 6-23-86; R138-11, 9-14-2012)

      NAC 630.205  Prescription of appetite suppressants. (NRS 630.130)

     1.  A physician or physician assistant who is

authorized to prescribe controlled substances may prescribe an appetite

suppressant to control the weight of a patient if the appetite suppressant is

prescribed for use in the treatment of exogenous obesity as part of a program

of medical treatment which includes dietary restrictions, modification of

behavior and exercise and:

     (a) The physician or physician assistant determines

that the patient’s obesity represents a threat to the patient’s health; or

     (b) The patient’s weight exceeds by not less than

20 percent the upper limit of the patient’s healthy weight as set forth in

Figure 3 of Nutrition and Your Health: Dietary Guidelines for Americans,

fourth edition, published jointly by the United States Department of Health and

Human Services and Department of Agriculture, which the Board hereby adopts by

reference. A copy of the publication may be obtained from the Consumer

Information Center, Department 378-C, Pueblo, Colorado 81009, for the cost of

$0.50.

     2.  A physician or physician assistant shall

not prescribe an appetite suppressant for more than 3 months, unless the

patient:

     (a) Has lost an average of not less than 2 pounds

per month since he or she began taking the appetite suppressant; or

     (b) Has maintained his or her weight at the level

which was established by the patient’s physician or a physician assistant under

the supervision of his or her physician.

     3.  A physician or physician assistant who

prescribes an appetite suppressant for more than 3 months shall maintain a

record of the patient’s weight at the beginning and end of each month during

which the patient takes the appetite suppressant.

     4.  Before prescribing an appetite

suppressant, a physician or physician assistant shall obtain a medical history

and perform a physical examination of the patient and conduct appropriate

studies to determine if there are any contraindications to the use of the

appetite suppressant by the patient.

     5.  As used in this section, “appetite

suppressant” means a drug or other substance listed in schedule IV pursuant to NAC 453.540 which is used to suppress the

appetite of a natural person.

     (Added to NAC by Bd. of Medical Exam’rs, eff. 7-18-96;

A by R108-01, 11-29-2001)

      NAC 630.210  Consultation with another provider of health care. (NRS 630.130)  A

physician shall seek consultation with another provider of health care in

doubtful or difficult cases whenever it appears that consultation may enhance

the quality of medical services.

     [Bd. of Medical Exam’rs, § 630.210, eff. 12-20-79]—(NAC

A 6-23-86)

      NAC 630.225  Reporting of physician brought into this State for consultation

with or assistance to licensed physician. (NRS 630.130)

     1.  Any physician licensed in this State

shall notify the Board if any unlicensed physician comes into this State for

consultation with or assistance to the physician licensed in this State and

specify the date of the consultation or assistance, whether the unlicensed

physician has provided such consultation or assistance, or both, to the

licensed physician in the past, and the date of that consultation and

assistance.

     2.  A physician licensed in this State who

consults with or receives assistance from a physician licensed in another state

pursuant to subsection 1 shall comply with the provisions of chapter 629 of NRS governing the

preparation, retention or dissemination of any health care record resulting

from the consultation or assistance between the physician licensed in this

State and the physician licensed in another state.

     (Added to NAC by Bd. of Medical Exam’rs, eff. 6-23-86;

A by R045-09, 11-25-2009)

      NAC 630.230  Prohibited professional conduct.

(NRS 630.130, 630.275)

     1.  A person who is licensed as a physician

or physician assistant shall not:

     (a) Falsify records of health care;

     (b) Falsify the medical records of a hospital so as

to indicate his or her presence at a time when he or she was not in attendance

or falsify those records to indicate that procedures were performed by him or

her which were in fact not performed by him or her;

     (c) Render professional services to a patient while

the physician or physician assistant is under the influence of alcohol or any

controlled substance or is in any impaired mental or physical condition;

     (d) Acquire any controlled substances from any

pharmacy or other source by misrepresentation, fraud, deception or subterfuge;

     (e) Prescribe anabolic steroids for any person to

increase muscle mass for competitive or athletic purposes;

     (f) Make an unreasonable additional charge for

tests in a laboratory, radiological services or other services for testing

which are ordered by the physician or physician assistant and performed outside

his or her own office;

     (g) Allow any person to act as a medical assistant

in the treatment of a patient of the physician or physician assistant, unless

the medical assistant has sufficient training to provide the assistance;

     (h) Fail to provide adequate supervision of a

medical assistant who is employed or supervised by the physician or physician

assistant, including, without limitation, supervision provided in the manner

described in NAC 630.810 or 630.820;

     (i) If the person is a physician, fail to provide

adequate supervision of a physician assistant or an advanced practice

registered nurse;

     (j) Fail to honor the advance directive of a

patient without informing the patient or the surrogate or guardian of the patient,

and without documenting in the patient’s records the reasons for failing to

honor the advance directive of the patient contained therein; or

     (k) Engage in the practice of writing prescriptions

for controlled substances to treat acute pain or chronic pain in a manner that

deviates from the policies set forth in the Model Policy for

the Use of Controlled Substances for the Treatment of Pain adopted by

reference in NAC 630.187.

     2.  As used in this section:

     (a) “Acute pain” has the meaning ascribed to it in

section 3 of the Model Policy for the Use of Controlled

Substances for the Treatment of Pain adopted by reference in NAC 630.187.

     (b) “Chronic pain” has the meaning ascribed to it

in section 3 of the Model Policy for the Use of Controlled

Substances for the Treatment of Pain adopted by reference in NAC 630.187.

     [Bd. of Medical Exam’rs, § 630.230, eff. 12-20-79]—(NAC

A 6-23-86; 9-19-90; 1-13-94; 7-18-96; R007-99, 9-27-99; R089-00, 7-19-2000;

R108-01, 11-29-2001; R052-10, 10-15-2010; R059-11, 5-30-2012; R094-12, 2-20-2013)

REPORTS

      NAC 630.235  Annual reports of certain information concerning surgeries:

Submission; form. (NRS 630.130, 630.30665)

     1.  Each holder of a license to practice

medicine shall annually submit a report pursuant to NRS 630.30665, on a form to be

provided by the Board. The form must include, without limitation:

     (a) The name of the licensee;

     (b) The office address of the licensee;

     (c) The office phone number of the licensee;

     (d) The number and type of surgeries requiring

conscious sedation, deep sedation or general anesthesia performed by the

licensee at his or her office or any other facility, excluding any surgical

care performed:

          (1) At a medical facility, as defined in NRS 449.0151; or

          (2) Outside of this State; and

     (e) Information regarding the occurrence of any

sentinel event arising from the type of surgeries described in paragraph (d).

     2.  As used in this section:

     (a) “Conscious sedation” means a minimally

depressed level of consciousness, produced by a pharmacologic or

nonpharmacologic method, or a combination thereof, in which the patient retains

the ability independently and continuously to maintain an airway and to respond

appropriately to physical stimulation and verbal commands.

     (b) “Deep sedation” means a controlled state of

depressed consciousness, produced by a pharmacologic or nonpharmacologic

method, or a combination thereof, and accompanied by a partial loss of

protective reflexes and the inability to respond purposefully to verbal

commands.

     (c) “General anesthesia” means a controlled state

of unconsciousness, produced by a pharmacologic or nonpharmacologic method, or

a combination thereof, and accompanied by partial or complete loss of

protective reflexes and the inability independently to maintain an airway and

respond purposefully to physical stimulation or verbal commands.

     (d) “Sentinel event” means an unexpected occurrence

involving death or serious physical or psychological injury or the risk

thereof, including, without limitation, any process variation for which a

recurrence would carry a significant chance of serious adverse outcome. The

term includes loss of limb or function.

     (Added to NAC by Bd. of Medical Exam’rs by R169-05,

eff. 12-29-2005)

      NAC 630.237  Annual reports of certain information concerning surgeries:

Administrative penalty. (NRS 630.130, 630.30665)

     1.  The failure of a holder of a license to

practice medicine to submit to the Board a report required pursuant to NRS 630.30665:

     (a) In a timely manner; or

     (b) In an accurate or complete manner if the holder

of the license knowingly misstates or misrepresents:

          (1) The number or types of surgeries required

to be reported pursuant to that section or NAC 630.235;

or

          (2) The occurrence or outcome of any

reportable sentinel events pursuant to those sections,

Ê constitutes

grounds for imposing an administrative penalty against the holder of the

license.

     2.  An administrative penalty imposed

pursuant to this section may include the imposition of an administrative fine

of not less than $100 or more than $1,000 and recovery by the Board of all

costs incurred by the Board because of the violation.

     3.  Repeated violations of this section are

subject to an administrative fine in the amount of $1,000 in addition to

recovery by the Board of all costs incurred by the Board because of the

violations.

     4.  Before imposing any administrative

penalty pursuant to this section, the Board will:

     (a) Consider the totality of the circumstances

surrounding the matter;

     (b) Consider all evidence before it relating to the

matter, including, without limitation, any intentional, volitional or

purposeful conduct engaged in by the holder of the license; and

     (c) Determine by a preponderance of the evidence

that the applicable provisions of this section or NRS 630.30665 were violated.

     5.  The provisions of this section do not

prohibit the Board from initiating disciplinary action for a violation of any

other provision of this chapter or chapter

630 of NRS.

     (Added to NAC by Bd. of Medical Exam’rs by R152-07,

eff. 1-30-2008)

DISCIPLINARY ACTION

      NAC 630.240  Voluntary surrender of license. (NRS 630.130, 630.298)

     1.  If a licensee desires to surrender his or

her license to practice medicine, the licensee shall submit to the Board a

sworn written statement of surrender of the license accompanied by delivery to

the Board of the actual license issued to him or her. The Board will accept or

reject the surrender of the license. If the Board accepts the surrender of the

license, the surrender is absolute and irrevocable and the Board will notify

any agency or person of the surrender and the conditions under which the

surrender occurred, as the Board considers advisable.

     2.  The voluntary surrender of a license or

the failure to renew a license does not preclude the Board from hearing a

complaint for disciplinary action made against the licensee.

     [Bd. of Medical Exam’rs, § 630.240, eff. 12-20-79]—(NAC

A 6-23-86)

      NAC 630.243  Procedure for dealing with findings of exposure to human

immunodeficiency virus. (NRS 630.130, 630.269, 630.275)  If a

committee conducting an investigation pursuant to NRS 630.311 becomes aware that the

physician, physician assistant, practitioner of respiratory care or

perfusionist who is subject to the investigation has tested positive for

exposure to the human immunodeficiency virus, the committee shall appoint a

group of specialists in the fields of public health and infectious diseases who

shall:

     1.  Review all the circumstances of the

practice of the physician, physician assistant, practitioner of respiratory

care or perfusionist; and

     2.  Advise the committee, in accordance with

the guidelines on “Health Care Workers Infected with HIV” established by the

Centers for Disease Control and Prevention, on the action, if any, the

committee should take concerning the physician, physician assistant,

practitioner of respiratory care or perfusionist.

     (Added to NAC by Bd. of Medical Exam’rs by R007-99,

eff. 9-27-99; A by R108-01, 11-29-2001; R060-11, 5-30-2012)

      NAC 630.251  Grounds: “Gross malpractice” interpreted. (NRS 630.130, 630.301)  For the

purposes of NRS 630.301, as that

section existed before October 1, 1997, a physician shall be deemed to have

committed gross malpractice if, before October 1, 1997, the physician has

failed to exercise the required degree of care, skill or knowledge and such

failure amounts to:

     1.  A conscious indifference to the

consequences which may result from the malpractice; and

     2.  A disregard for and indifference to the

safety and welfare of a patient.

     (Added to NAC by Bd. of Medical Exam’rs, eff. 7-18-96;

A by R149-97, 3-30-98)

      NAC 630.255  Exemption from grounds: “Intractable pain” defined. (NRS 630.130, 630.135, 630.3066)  For the

purposes of NRS 630.3066,

“intractable pain” means a condition of discomfort for which the cause cannot

be removed or otherwise treated and for which a method of providing relief, or

of which a cure for the cause, has not been found after reasonable efforts have

been taken in accordance with accepted standards for the practice of medicine,

including, but not limited to, evaluation by an attending physician and one or

more physicians specializing in the treatment of the area, system, or organ of

the body which is believed to be the source of the discomfort.

     (Added to NAC by Bd. of Medical Exam’rs, eff. 7-18-96)

      NAC 630.260  Notice of technical or scientific facts. (NRS 630.130)  Parties

to a disciplinary hearing before the Board will be notified, either before or

during the hearing, of supposed technical or scientific facts of which the

Board may take notice, and the parties will be afforded an opportunity to

contest those facts. The Board’s experience, technical competence and

specialized knowledge may be utilized in the evaluation of evidence.

     [Bd. of Medical Exam’rs, § 630.260, eff. 12-20-79]

      NAC 630.270  Disposition of findings and order of Board. (NRS 630.130, 630.269, 630.275)  A copy

of the disciplinary findings and order of the Board:

     1.  Will be served by personal service or by

certified mail upon the person affected by them at the address of the person on

file with the Board and his or her attorney of record;

     2.  Will be delivered by first-class mail or

electronic mail to each hospital in the geographical area in which the

physician, physician assistant, perfusionist or practitioner of respiratory

care practices; and

     3.  May be delivered by first-class mail or

electronic mail to members of the media.

     [Bd. of Medical Exam’rs, § 630.270, eff. 12-20-79]—(NAC

A by R149-97, 3-30-98; R007-99, eff. 9-27-99; R062-11, 5-30-2012)

      NAC 630.275  Confidentiality of certain information regarding physicians, physician

assistants, practitioners of respiratory care and perfusionists. (NRS 630.130, 630.275, 630.269, 630.279, 630.336)  The

Board will, pursuant to subsection 3 of NRS 630.336, keep confidential all

records relating to a program established by the Board to enable a physician,

physician assistant, practitioner of respiratory care or perfusionist to

correct:

     1.  A dependence upon alcohol or a controlled

substance; or

     2.  Any other impairment which could result

in the revocation of his or her license.

     (Added to NAC by Bd. of Medical Exam’rs, eff. 7-18-96;

A by R044-09, 11-25-2009, eff. 7-1-2010)

PHYSICIAN ASSISTANTS

      NAC 630.280  Qualifications of applicants. (NRS 630.130, 630.275)  An

applicant for licensure as a physician assistant must have the following

qualifications:

     1.  If the applicant has not practiced as a

physician assistant for 12 months or more before applying for licensure in this

State, he or she must, at the order of the Board, have taken and passed the

same examination to test medical competency as that given to applicants for

initial licensure.

     2.  Be a citizen of the United States or be

lawfully entitled to remain and work in the United States.

     3.  Be able to communicate adequately orally

and in writing in the English language.

     4.  Be of good moral character and

reputation.

     5.  Have attended and completed a course of

training in residence as a physician assistant approved by one of the following

entities affiliated with the American Medical Association or its successor

organization:

     (a) The Committee on Allied Health Education and

Accreditation or its successor organization;

     (b) The Commission on Accreditation of Allied

Health Education Programs or its successor organization; or

     (c) The Accreditation Review Committee on Education

for the Physician Assistant or its successor organization.

     6.  Be certified by the National Commission

on Certification of Physician Assistants or its successor organization.

     7.  Possess a high school diploma, general

equivalency diploma or postsecondary degree.

     [Bd. of Medical Exam’rs, § 630.280, eff. 12-20-79]—(NAC

A 6-23-86; 11-21-88; 9-12-91; R149-97, 3-30-98; R108-01, 11-29-2001; R036-13, 2-26-2014)

      NAC 630.290  Application for license. (NRS 630.130, 630.275)

     1.  An application for licensure as a

physician assistant must be made on a form supplied by the Board. The

application must state:

     (a) The date and place of the applicant’s birth and

his or her sex;

     (b) The applicant’s education, including, without

limitation, high schools and postsecondary institutions attended, the length of

time in attendance at each and whether he or she is a graduate of those schools

and institutions;

     (c) Whether the applicant has ever applied for a

license or certificate as a physician assistant in another state and, if so,

when and where and the results of his or her application;

     (d) The applicant’s training and experience as a

physician assistant;

     (e) Whether the applicant has ever been

investigated for misconduct as a physician assistant or had a license or

certificate as a physician assistant revoked, modified, limited or suspended or

whether any disciplinary action or proceedings have ever been instituted

against the applicant by a licensing body in any jurisdiction;

     (f) Whether the applicant has ever been convicted

of a felony or an offense involving moral turpitude;

     (g) Whether the applicant has ever been

investigated for, charged with or convicted of the use or illegal sale or

dispensing of controlled substances; and

     (h) The various places of his or her residence from

the date of:

          (1) Graduation from high school;

          (2) Receipt of a high school general

equivalency diploma; or

          (3) Receipt of a postsecondary degree,

Ê whichever

occurred most recently.

     2.  An applicant must submit to the Board:

     (a) Proof of completion of an educational program

as a physician assistant:

          (1) If the applicant completed the educational

program on or before December 31, 2001, which was approved by the Committee on

Allied Health Education and Accreditation or the Commission on Accreditation of

Allied Health Education Programs; or

          (2) If the applicant completed the educational

program on or after January 1, 2002, which is accredited by the Accreditation

Review Commission on Education for the Physician Assistant or approved by the

Commission on Accreditation of Allied Health Education Programs;

     (b) Proof of passage of the examination given by

the National Commission on Certification of Physician Assistants; and

     (c) Such further evidence and other documents or

proof of qualifications as required by the Board.

     3.  Each application must be signed by the

applicant and sworn to before a notary public or other officer authorized to

administer oaths.

     4.  The application must be accompanied by

the applicable fee.

     5.  An applicant shall pay the reasonable

costs of any examination required for licensure.

     [Bd. of Medical Exam’rs, § 630.290, eff. 12-20-79]—(NAC

A 6-23-86; 9-12-91; 1-13-94; 11-3-95; 7-18-96; R149-97, 3-30-98; R007-99, eff.

9-27-99; R108-01, 11-29-2001; R145-03, 12-16-2003)

      NAC 630.310  Rejection of application. (NRS 630.130, 630.275)  If it

appears that:

     1.  An applicant for licensure as a physician

assistant is not qualified or is not of good moral character or reputation;

     2.  Any credential submitted is false; or

     3.  The application is not made in proper

form or other deficiencies appear in it,

Ê the

application may be rejected.

     [Bd. of Medical Exam’rs, § 630.310, eff. 12-20-79]—(NAC

A 6-23-86; R149-97, 3-30-98; R108-01, 11-29-2001)

      NAC 630.315  Denial of application. (NRS 630.130, 630.275)  The

Board may deny an application for the issuance or renewal of a license to

practice as a physician assistant if the applicant has committed any of the

acts described in subsection 1 of NAC 630.380.

     (Added to NAC by Bd. of Medical Exam’rs by R080-06,

eff. 9-18-2006)

      NAC 630.320  Temporary license. (NRS 630.130, 630.275)

     1.  The Board will issue a temporary license

to any qualified applicant who:

     (a) Meets the educational and training requirements

for certification as a physician assistant of the National Commission on

Certification of Physician Assistants and is scheduled to and does sit for the

first proficiency examination offered by the National Commission on

Certification of Physician Assistants following the completion of his or her

training;

     (b) Has taken the proficiency examination offered

by the National Commission on Certification of Physician Assistants but has not

yet been notified of the results; or

     (c) Is licensed or certified in another state,

meets the requirements for licensure pursuant to NAC

630.280 and is scheduled to sit for the next examination offered by the

Board.

     2.  A physician assistant with a temporary

license may perform services only under the immediate supervision of a

supervising physician.

     [Bd. of Medical Exam’rs, § 630.320, eff. 12-20-79]—(NAC

A 6-23-86; 3-19-87; 11-21-88; 9-12-91; 1-13-94; R149-97, 3-30-98; R108-01, 11-29-2001)

      NAC 630.325  Locum tenens license. (NRS 630.130, 630.275)  The

Board may issue a locum tenens license, which is effective for not more than 3

months after issuance, to any physician assistant who is licensed or certified

as a physician assistant and in good standing in another state and who is of

good moral character and reputation. The purpose of this license is to enable

an eligible physician assistant to serve as a substitute for another physician

assistant who is licensed to practice as a physician assistant in this State

and who is absent from his or her practice for reasons deemed sufficient by the

Board. A license issued pursuant to this section is not renewable.

     (Added to NAC by Bd. of Medical Exam’rs, eff. 1-13-94;

A by R149-97, 3-30-98; R108-01, 11-29-2001)

      NAC 630.330  Contents of license. (NRS 630.130, 630.275)  The

license issued by the Board must contain:

     1.  The name of the physician assistant;

     2.  The duration of the license; and

     3.  Any other limitations or requirements

which the Board prescribes.

     [Bd. of Medical Exam’rs, § 630.330, eff. 12-20-79]—(NAC

A 6-23-86; 11-21-88; 9-12-91; 1-13-94; 7-18-96; R149-97, 3-30-98; R108-01, 11-29-2001;

R145-03, 12-16-2003)

      NAC 630.340  Period of validity of license; notification of practice;

termination of supervision; disciplinary action; refusal to license. (NRS 630.130, 630.275)

     1.  The license of a physician assistant is

valid for 2 years.

     2.  Before providing medical services, a

physician assistant, on a form prescribed by the Board, shall notify the Board

of the name and location of the practice of the physician assistant, the name

of the supervising physician and the portion of the practice of the physician

assistant that the supervising physician supervises. The notice must contain

the signatures of the physician assistant and the supervising physician of the

physician assistant.

     3.  The physician assistant and the

supervising physician shall immediately notify the Board of the termination of

the supervision of the physician assistant by the supervising physician. For

any portion of the practice of the physician assistant that the supervising

physician terminating supervision of the physician assistant supervised, the

physician assistant shall not provide medical services until the physician

assistant and a supervising physician submit notice to the Board pursuant to

subsection 2.

     4.  A physician assistant who has been

licensed by the Board but is not currently licensed, has surrendered his or her

license or has failed to renew his or her license will be disciplined by the

Board, if the Board deems it necessary, upon hearing a complaint for

disciplinary action against the physician assistant.

     5.  If the Board determines that the conduct

of a physician assistant when he or she was on inactive status in another

jurisdiction would have resulted in the denial of an application for licensure

in this State, the Board will, if appropriate, refuse to license the physician

assistant.

     [Bd. of Medical Exam’rs, § 630.340, eff. 12-20-79]—(NAC

A 6-23-86; 9-12-91; 1-13-94; R149-97, 3-30-98; R108-01, 11-29-2001; R145-03, 12-16-2003)

      NAC 630.350  Renewal, expiration and reinstatement of license. (NRS 630.130, 630.253, 630.275)

     1.  The license of a physician assistant may

be renewed biennially. The license will not be renewed unless the physician

assistant provides satisfactory proof that the physician assistant has

completed the following number of hours of continuing medical education as

defined by the American Academy of Physician Assistants or has received a

certificate documenting the completion of the following number of hours of

Category 1 credits as recognized by the American Medical Association:

     (a) If licensed during the first 6 months of the

biennial period of registration, 40 hours.

     (b) If licensed during the second 6 months of the

biennial period of registration, 30 hours.

     (c) If licensed during the third 6 months of the

biennial period of registration, 20 hours.

     (d) If licensed during the fourth 6 months of the

biennial period of registration, 10 hours.

     2.  To allow for the renewal of a license to

practice as a physician assistant by each person to whom a license was issued

or renewed in the preceding renewal period, the Board will make such reasonable

attempts as are practicable to:

     (a) Mail a renewal notice at least 60 days before

the expiration of a license to practice as a physician assistant; and

     (b) Send a renewal application to a licensee at the

last known address of the licensee on record with the Board.

     3.  If a licensee fails to pay the fee for

biennial registration after it becomes due or fails to submit proof that the

licensee completed the number of hours of continuing medical education required

by subsection 1, his or her license to practice in this State expires. Within 2

years after the date on which the license expires, the holder may be reinstated

to practice as a physician assistant if the holder:

     (a) Pays twice the amount of the current fee for biennial

registration to the Secretary-Treasurer of the Board;

     (b) Submits proof that he or she completed the

number of hours of continuing medical education required by subsection 1; and

     (c) Is found to be in good standing and qualified

pursuant to this chapter.

     [Bd. of Medical Exam’rs, § 630.350, eff. 12-20-79]—(NAC

A 6-23-86; 1-13-94; R149-97, 3-30-98; R108-01, 11-29-2001; R208-07, 8-26-2008;

R038-09, 11-25-2009; R048-10, 10-15-2010; R137-11, 9-14-2012)

      NAC 630.353  Continuing education: Course of instruction relating to medical

consequences of act of terrorism involving use of weapon of mass destruction. (NRS 630.130, 630.253, 630.275)

     1.  Pursuant to the provisions of NRS 630.253, a physician assistant

shall complete a course of instruction relating to the medical consequences of

an act of terrorism that involves the use of a weapon of mass destruction:

     (a) If the physician assistant was initially

licensed by the Board on or after October 1, 2003, within 2 years of initial

licensure.

     (b) If the physician assistant was initially

licensed by the Board before October 1, 2003, on or before September 30, 2005.

     2.  In addition to the requirements provided

pursuant to NRS 630.253, a

course of instruction relating to the medical consequences of an act of

terrorism that involves the use of a weapon of mass destruction:

     (a) Except as otherwise provided in subsection 3,

must offer, upon successful completion of the program, a certificate of

Category 1 credit as recognized by the American Medical Association to the physician

assistant; and

     (b) Is in addition to the continuing education

required pursuant to NAC 630.350.

     3.  A course of instruction relating to the

medical consequences of an act of terrorism that involves the use of a weapon

of mass destruction will be deemed to satisfy the requirements of paragraph (a)

of subsection 2 if the course was provided to a physician assistant:

     (a) After January 1, 2002; and

     (b) As a part of the training the physician

assistant received:

          (1) While serving in the military; or

          (2) While serving as a public health officer.

     (Added to NAC by Bd. of Medical Exam’rs by R145-03,

eff. 12-16-2003)

      NAC 630.357  Continuing education: Credit for continuing education class on

geriatrics and gerontology. (NRS 630.130, 630.253, 630.275)

     1.  Except as otherwise provided in

subsection 2, if a physician assistant takes a continuing education class on

geriatrics and gerontology, the physician assistant is entitled to receive

credit towards the continuing medical education required pursuant to NAC 630.350 equal to twice the number of hours the

physician assistant actually spends in a continuing education class on

geriatrics and gerontology.

     2.  During any biennial licensing period, a

physician assistant may receive a maximum credit pursuant to subsection 1 of 8

hours of continuing medical education for 4 hours of time spent in a continuing

education class on geriatrics and gerontology.

     3.  As used in this section, “continuing education

class on geriatrics and gerontology” means a class that meets the requirements

of:

     (a) For a class of continuing medical education, NAC 630.350; and

     (b) For a continuing education class on geriatrics

and gerontology, NRS 630.253.

     (Added to NAC by Bd. of Medical Exam’rs by R145-03,

eff. 12-16-2003)

      NAC 630.360  Performance of authorized medical services; identification;

misrepresentation; notification of change regarding supervising physician. (NRS 630.130, 630.275)

     1.  The medical services which a physician

assistant is authorized to perform must be:

     (a) Commensurate with the education, training,

experience and level of competence of the physician assistant; and

     (b) Within the scope of the practice of the

supervising physician of the physician assistant.

     2.  The physician assistant shall wear at all

times while on duty a placard, plate or insigne which identifies him or her as

a physician assistant.

     3.  No physician assistant may represent

himself or herself in any manner which would tend to mislead the general public

or the patients of the supervising physician.

     4.  Except as otherwise provided in

subsection 3 of NAC 630.340, a physician assistant

shall notify the Board in writing within 72 hours after any change in the

supervision of the physician assistant by a supervising physician.

     [Bd. of Medical Exam’rs, § 630.360, eff. 12-20-79]—(NAC

A 6-23-86; 9-12-91; 1-13-94; R149-97, 3-30-98; R108-01, 11-29-2001; R183-12, 4-5-2013)

      NAC 630.370  Supervising physician: Duties; qualifications. (NRS 630.130, 630.275)

     1.  Except as otherwise provided in NAC 630.375, the supervising physician is responsible

for all the medical activities of his or her physician assistant and shall

ensure that:

     (a) The physician assistant is clearly identified

to the patients as a physician assistant;

     (b) The physician assistant performs only those

medical services which have been approved by his or her supervising physician;

     (c) The physician assistant does not represent

himself or herself in any manner which would tend to mislead the general

public, the patients of the supervising physician or any other health

professional; and

     (d) There is strict compliance with:

          (1) The provisions of the certificate of

registration issued to his or her physician assistant by the State Board of

Pharmacy pursuant to NRS 639.1373;

and

          (2) The regulations of the State Board of

Pharmacy regarding controlled substances, poisons, dangerous drugs or devices.

     2.  Except as otherwise required in

subsection 3 or 4, the supervising physician shall review and initial selected

charts of the patients of the physician assistant. Unless the physician

assistant is performing medical services pursuant to NAC

630.375, the supervising physician must be available at all times that his

or her physician assistant is performing medical services to consult with his

or her assistant. Those consultations may be indirect, including, without

limitation, by telephone.

     3.  At least once a month, the supervising

physician shall spend part of a day at any location where the physician

assistant provides medical services to act as a consultant to the physician

assistant and to monitor the quality of care provided by the physician

assistant.

     4.  Except as otherwise provided in this

subsection, if the supervising physician is unable to supervise the physician

assistant as required by this section, the supervising physician shall designate

a qualified substitute physician, who practices medicine in the same specialty

as the supervising physician, to supervise the assistant. If the physician

assistant is performing medical services pursuant to NAC

630.375, the supervising physician is not required to comply with this

subsection.

     5.  A physician who supervises a physician

assistant shall develop and carry out a program to ensure the quality of care

provided by a physician assistant. The program must include, without

limitation:

     (a) An assessment of the medical competency of the

physician assistant;

     (b) A review and initialing of selected charts;

     (c) An assessment of a representative sample of the

referrals or consultations made by the physician assistant with other health

professionals as required by the condition of the patient;

     (d) Direct observation of the ability of the

physician assistant to take a medical history from and perform an examination

of patients representative of those cared for by the physician assistant; and

     (e) Maintenance by the supervising physician of

accurate records and documentation regarding the program for each physician

assistant supervised.

     6.  Except as otherwise provided in

subsection 7, a physician may supervise a physician assistant if the physician:

     (a) Holds an active license in good standing to

practice medicine issued by the Board;

     (b) Actually practices medicine in this State; and

     (c) Has not been specifically prohibited by the

Board from acting as a supervising physician.

     7.  If the Board has disciplined a physician

assistant pursuant to NAC 630.410, a physician

shall not supervise that physician assistant unless the physician has been

specifically approved by the Board to act as the supervising physician of that

physician assistant.

     [Bd. of Medical Exam’rs, § 630.370, eff. 12-20-79]—(NAC

A 6-23-86; 11-21-88; 9-12-91; 1-13-94; R149-97, 3-30-98; R108-01, 11-29-2001;

R145-03, 12-16-2003; R005-07, 10-31-2007)

      NAC 630.375  Physician assistant deemed to be agent of supervising physician;

performance of emergency medical services without supervision. (NRS 630.130, 630.275)

     1.  Except as otherwise provided in this

section, a physician assistant is considered to be and is deemed the agent of

his or her supervising physician in the performance of all medical activities.

     2.  A physician assistant shall not perform

medical services without supervision from his or her supervising physician,

except in:

     (a) Life-threatening emergencies, including,

without limitation, at the scene of an accident; or

     (b) Emergency situations, including, without

limitation, human-caused or natural disaster relief efforts.

     3.  When a physician assistant performs

medical services in a situation described in subsection 2:

     (a) The physician assistant is not the agent of his

or her supervising physician and the supervising physician is not responsible

or liable for any medical services provided by the physician assistant.

     (b) The physician assistant shall provide whatever

medical services are possible based on the need of the patient and the

training, education and experience of the physician assistant.

     (c) If a licensed physician is available on-scene,

the physician assistant may take direction from the physician.

     (d) The physician assistant shall make a reasonable

effort to contact his or her supervising physician, as soon as possible, to

advise him or her of the incident and the physician assistant’s role in

providing medical services.

     (Added to NAC by Bd. of Medical Exam’rs by R005-07,

eff. 10-31-2007)

      NAC 630.380  Disciplinary action: Grounds; institution; exception. (NRS 630.130, 630.138, 630.275)

     1.  A physician assistant is subject to

disciplinary action by the Board if, after notice and hearing in accordance

with this chapter, the Board finds that the physician assistant:

     (a) Has willfully and intentionally made a false or

fraudulent statement or submitted a forged or false document in applying for a

license;

     (b) Has held himself or herself out as or permitted

another to represent the physician assistant to be a licensed physician;

     (c) Has performed medical services otherwise than:

          (1) Pursuant to NAC

630.375; or

          (2) At the direction or under the supervision

of the supervising physician of the physician assistant;

     (d) Has performed medical services which have not

been approved by the supervising physician of the physician assistant, unless

the medical services were performed pursuant to NAC

630.375;

     (e) Is guilty of gross or repeated malpractice in

the performance of medical services for acts committed before October 1, 1997;

     (f) Is guilty of malpractice in the performance of

medical services for acts committed on or after October 1, 1997;

     (g) Is guilty of disobedience of any order of the

Board or an investigative committee of the Board, any provision in the

regulations of the State Board of Health or the State Board of Pharmacy or any

provision of this chapter;

     (h) Is guilty of administering, dispensing or

possessing any controlled substance otherwise than in the course of legitimate

medical services or as authorized by law and the supervising physician of the

physician assistant;

     (i) Has been convicted of a violation of any

federal or state law regulating the prescribing, possession, distribution or

use of a controlled substance;

     (j) Is not competent to provide medical services;

     (k) Failed to notify the Board of an involuntary

loss of certification by the National Commission on Certification of Physician

Assistants within 30 days after the involuntary loss of certification;

     (l) Is guilty of violating a provision of NAC 630.230, 630.810, 630.820 or 630.830;

     (m) Is guilty of violating a provision of NRS 630.301 to 630.3065, inclusive; or

     (n) Is guilty of violating a provision of

subsection 2 or 3 of NAC 630.340.

     2.  To institute disciplinary action against

a physician assistant, a written complaint, specifying the charges, must be

filed with the Board by the investigative committee of the Board.

     3.  A physician assistant is not subject to

disciplinary action solely for prescribing or administering to a patient under

the care of the physician assistant a controlled substance which is listed in

schedule II, III, IV or V by the State Board of Pharmacy pursuant to NRS 453.146.

     [Bd. of Medical Exam’rs, § 630.380, eff. 12-20-79]—(NAC

A 6-23-86; 9-12-91; 1-13-94; R149-97, 3-30-98; R007-99, 9-27-99; R089-00, 7-19-2000;

R108-01, 11-29-2001; R145-03, 12-16-2003; R005-07, 10-31-2007; R039-09, 11-25-2009;

R094-12, 2-20-2013)

      NAC 630.390  Disciplinary action: Notice of charges. (NRS 630.130, 630.275)  Before

the Board takes disciplinary action against a physician assistant, the Board

will give to the physician assistant and to his or her supervising physician a

written notice specifying the charges made against the physician assistant and

stating that the charges will be heard at the time and place indicated in the

notice. The notice will be served on the physician assistant and the

supervising physician at least 20 days before the date fixed for the hearing.

Service of the notice will be made and any investigation and subsequent

disciplinary proceedings will be conducted in the same manner as provided by

law for disciplinary actions against physicians.

     [Bd. of Medical Exam’rs, § 630.390, eff. 12-20-79]—(NAC

A 6-23-86; R149-97, 3-30-98; R108-01, 11-29-2001)

      NAC 630.400  Examination to determine fitness to practice. (NRS 630.130, 630.275)

     1.  If the Board or any investigative

committee of the Board has reason to believe that the conduct of any physician

assistant has raised a reasonable question as to his or her competence to

practice as a physician assistant with reasonable skill and safety to patients,

it may order that the physician assistant undergo a mental or physical examination

or an examination testing his or her competence to practice as a physician

assistant by physicians or any other examination designated by the Board to

assist the Board or committee in determining the fitness of the physician

assistant to practice as a physician assistant.

     2.  Every physician assistant who applies for

or is issued a license and who accepts the privilege of performing medical

services in this State shall be deemed to have given his or her consent to

submit to such an examination pursuant to subsection 1 when the physician

assistant is directed to do so in writing by the Board.

     3.  For the purpose of this section, the

report of testimony or examination by the examining physicians does not

constitute a privileged communication.

     4.  Except in extraordinary circumstances, as

determined by the Board, the failure of a licensed physician assistant to

submit to an examination when he or she is directed to do so pursuant to this

section constitutes an admission of the charges against him or her. A default

and final order may be entered without the taking of testimony or presentation

of evidence.

     5.  A physician assistant who is subject to

an examination pursuant to this section shall pay the costs of the examination.

     [Bd. of Medical Exam’rs, § 630.400, eff. 12-20-79]—(NAC

A 6-23-86; 1-13-94; R149-97, 3-30-98; R007-99, 9-27-99; R108-01, 11-29-2001)

      NAC 630.410  Determination after notice and hearing: Sanctions or dismissal of

charges. (NRS

630.130, 630.275)  If the

Board finds, by a preponderance of the evidence, after notice and hearing in

accordance with this chapter, that:

     1.  The charges in the complaint against the

physician assistant are true, the Board will issue and serve on the physician

assistant its written findings and any order of sanctions. The following

sanctions may be imposed by order:

     (a) Placement on probation for a specified period

on any of the conditions specified in the order.

     (b) Administration of a public reprimand.

     (c) Limitation of his or her practice or exclusion

of one or more specified branches of medicine from his or her practice.

     (d) Suspension of his or her license, for a specified

period or until further order of the Board.

     (e) Revocation of his or her license to practice.

     (f) A requirement that the physician assistant

participate in a program to correct alcohol or drug dependence or any other

impairment.

     (g) A requirement that there be additional and

specified supervision of his or her practice.

     (h) A requirement that the physician assistant

perform community service without compensation.

     (i) A requirement that the physician assistant take

a physical or mental examination or an examination testing his or her medical

competence.

     (j) A requirement that the physician assistant

fulfill certain training or educational requirements, or both, as specified by

the Board.

     (k) A fine not to exceed $5,000.

     (l) A requirement that the physician assistant pay

all costs incurred by the Board relating to the disciplinary proceedings.

     2.  No violation has occurred, it will issue

a written order dismissing the charges and notify the physician assistant that

the charges have been dismissed. If the disciplinary proceedings were initiated

as a result of a complaint filed against the physician assistant, the Board may

provide to the physician assistant a copy of the complaint and the name of the

person who filed the complaint.

     [Bd. of Medical Exam’rs, § 630.410, eff. 12-20-79]—(NAC

A 6-23-86; 1-13-94; R149-97, 3-30-98; R108-01, 11-29-2001)

      NAC 630.415  Advisory committee. (NRS 630.130, 630.275)

     1.  The Board will appoint three licensed

physician assistants to an advisory committee. These physician assistants must

have lived in and actively and continuously practiced in this State as licensed

physician assistants for at least 3 years before their appointment.

     2.  The Board will give appointees to the

advisory committee written notice of their appointment and terms of office and

a written summary of any projects pending before the committee.

     3.  At the request of the Board, the advisory

committee shall review and make recommendations to the Board concerning any

matters relating to licensed physician assistants.

     (Added to NAC by Bd. of Medical Exam’rs, eff. 6-23-86;

A 11-21-88; R149-97, 3-30-98; R108-01, 11-29-2001)

PETITIONS, ORDERS, OPINIONS AND RULES OF PRACTICE

      NAC 630.420  Petition for amendment or repeal of regulation. (NRS 630.130)  A

petition requesting the adoption, filing, amendment or repeal of any regulation

must be accompanied by a draft of the proposed regulation in a form suitable

for filing with the Secretary of State.

     [Bd. of Medical Exam’rs, § 630.420, eff. 12-20-79]

      NAC 630.430  Filing of petition; copies. (NRS 630.130)  The

petition must be filed with the Board. The original and 12 copies of the

petition must be filed, together with the original and 12 copies of the

proposed regulation.

     [Bd. of Medical Exam’rs, § 630.430, eff. 12-20-79]—(NAC

A 6-23-86; R149-97, 3-30-98)

      NAC 630.440  Submission, consideration and disposition of petitions. (NRS 630.130)

     1.  Any petition filed more than 30 days

before the next regularly scheduled meeting of the Board will be considered by

the Board at that meeting. Any petition filed 30 days or less before the next

regularly scheduled meeting of the Board will be considered at the first

regular meeting scheduled more than 30 days after the petition is filed.

     2.  The Board will, within 30 days after

consideration of a petition, deny the petition in writing stating the reasons

for the denial or initiate proceedings under NRS 233B.060 for adoption of the

proposed regulation.

     [Bd. of Medical Exam’rs, § 630.440, eff. 12-20-79]

      NAC 630.450  Declaratory orders and advisory opinions. (NRS 630.130)

     1.  A petition for a declaratory order or

advisory opinion may be filed only by a holder of or applicant for a license.

     2.  The original and 12 copies of the

petition must be filed with the Board not less than 10 days before its next

regularly scheduled meeting. The petition must be submitted to the Board at

that meeting. Within 30 days thereafter, the Board will issue its declaratory

order or advisory opinion.

     [Bd. of Medical Exam’rs, § 630.450, eff. 12-20-79]—(NAC

A 6-23-86; R149-97, 3-30-98)

      NAC 630.455  Time limit for request to Board for consideration or action upon

matter at meeting. (NRS 630.130)  Except

as otherwise provided in NAC 630.440 and 630.450, a request for the Board to consider or take

action upon a matter at a meeting must be received by the Board at least 15

business days before the date of the meeting.

     (Added to NAC by Bd. of Medical Exam’rs by R007-99,

eff. 9-27-99)

      NAC 630.460  Hearings: Appearance; pleadings; motions; documents. (NRS 630.130)

     1.  Each party shall enter his or her

appearance at the beginning of a hearing or at a time designated by the

presiding officer by giving the party’s name and address and stating his or her

position or interest to the presiding officer. The information will be entered

in the record of the hearing.

     2.  Following the entry of an appearance by

an attorney for a party, all notices, pleadings and orders to be served on that

party must be served upon the attorney, and that service is valid for all

purposes upon the party represented.

     3.  All pleadings must be verified.

     4.  A party may respond to a complaint by

filing an answer within 20 working days after receiving the complaint. If a

party fails to file an answer within the time prescribed, he or she shall be

deemed to have denied generally the allegations of the complaint.

     5.  All motions, unless they are made during

a hearing, must be in writing. All written motions must set forth the nature of

relief sought, the grounds therefor and the points and authorities relied upon

in support of the motion. A party desiring to oppose a motion may serve and

file a written response to the motion within 10 working days after service of

the motion. The moving party may serve and file a written reply within 5

working days after service of the opposition to the motion. All motions made

during a hearing must be based upon matters arising during the hearing. A

decision on the motion will be rendered without oral argument unless oral

argument is ordered by the Board, a panel of members of the Board or the

hearing officer in which event the Board, panel or hearing officer will set a

date and time for hearing.

     6.  The original and two copies of each

pleading, motion or other paper must be filed with the Board. A copy of each

pleading or motion must be made available by the party filing it to any other

person whom the Board determines may be affected by the proceeding and who

desires the copy.

     7.  Any document required to be served by a

party, other than a notice of hearing, complaint, adverse decision, or order of

the Board, may be served by mail, and the service shall be deemed complete when

a true copy of the document, properly addressed and stamped, is deposited in

the United States mail.

     8.  There must appear on, or be attached to,

each document required to be served:

     (a) Proof of service by a certificate of an

attorney or his or her employee;

     (b) Proof of personal service;

     (c) A written admission of service; or

     (d) An affidavit of mailing.

     [Bd. of Medical Exam’rs, § 630.460, eff. 12-20-79]—(NAC

A 6-23-86; 1-13-94; R149-97, 3-30-98)

      NAC 630.465  Hearings: Prehearing conference. (NRS 630.130, 630.275)

     1.  At least 30 days before a hearing but not

earlier than 30 days after the date of service upon the physician or physician

assistant of a formal complaint that has been filed with the Board pursuant to NRS 630.311, unless a different

time is agreed to by the parties, the presiding member of the Board or panel of

members of the Board or the hearing officer shall conduct a prehearing

conference with the parties and their attorneys. All documents presented at the

prehearing conference are not evidence, are not part of the record and may not

be filed with the Board.

     2.  Each party shall provide to every other

party a copy of the list of proposed witnesses and their qualifications and a

summary of the testimony of each proposed witness. A witness whose name does

not appear on the list of proposed witnesses may not testify at the hearing

unless good cause is shown.

     3.  All evidence, except rebuttal evidence,

which is not provided to each party at the prehearing conference may not be

introduced or admitted at the hearing unless good cause is shown.

     4.  Each party shall submit to the presiding

member of the Board or panel or to the hearing officer conducting the

conference each issue which has been resolved by negotiation or stipulation and

an estimate, to the nearest hour, of the time required for presentation of its

oral argument.

     (Added to NAC by Bd. of Medical Exam’rs, eff. 1-13-94;

A by R149-97, 3-30-98; R167-99, 1-19-2000; R108-01, 11-29-2001)

      NAC 630.470  Hearings: Procedure. (NRS 630.130, 630.275)

     1.  The President of the Board shall

determine whether a hearing will be held before the Board, a hearing officer or

a panel of members of the Board. Any hearing before the Board must be held

before a majority of the members of the Board.

     2.  If a licensee fails to appear at a

scheduled hearing and no continuance has been requested and granted, the

evidence may be heard and the matter may be considered and disposed of on the

basis of the evidence before the Board, panel or hearing officer in the manner

required by this section.

     3.  The presiding member of the Board or

panel, or the hearing officer will call the hearing to order and proceed to

take the appearances on behalf of the Board, panel or hearing officer and the

licensee, any other party and their counsel. The Board, panel or hearing

officer will act upon any pending motions, stipulations and preliminary

matters. The notice of hearing, complaint, petition, answer, response or

written stipulation becomes a part of the record without being read unless a

party requests that the document be read verbatim into the record. The Board

will present its evidence first and then the licensee will submit his or her

evidence. Closing statements by the parties may be allowed by the Board, panel

or hearing officer.

     4.  Prehearing depositions of witnesses and

parties may not be taken and no formal discovery of evidence, except as

otherwise provided in NAC 630.465, will be allowed.

     5.  The Board, panel or hearing officer will

hear the evidence presented, make appropriate rulings on the admissibility of

evidence, and maintain procedure and order during the hearing. The Board, panel

or hearing officer may not dismiss the complaint.

     6.  The presiding member of the Board or

panel or the hearing officer may, upon his or her motion or the motion of a

party, order a witness, other than the licensee, to be excluded from the

hearing to prevent that witness from hearing the testimony of another witness

at the hearing.

     7.  Briefs must be filed upon the order of

the Board, panel or hearing officer. The time for filing briefs will be set by

the Board, panel or hearing officer.

     8.  The hearing officer or panel of members

of the Board conducting a hearing shall:

     (a) Submit to the Board a synopsis of the testimony

taken at the hearing; and

     (b) Make a recommendation to the Board on the

veracity of witnesses if there is conflicting evidence or the credibility of

witnesses is a determining factor.

     9.  A case shall be deemed submitted for

decision by the Board after the taking of evidence, the filing of briefs or the

presentation of such oral arguments as may have been permitted, the filing of

the transcript of the hearing and the filing of the synopsis of the testimony

taken at the hearing. The Board will issue its order or render its decision within

90 days after the hearing or the submission of the case, whichever is later.

     (Added to NAC by Bd. of Medical Exam’rs, eff. 6-23-86;

A 1-13-94; R149-97, 3-30-98; R108-01, 11-29-2001)

      NAC 630.475  Subpoenas. (NRS 630.130, 630.140)

     1.  A subpoena issued pursuant to NRS 630.140 must specify the name

of the witness and specifically identify the books, X rays, medical records or

other papers which are required to be produced.

     2.  The Board or a person acting on its

behalf will not issue a subpoena to compel the attendance of a member of the

Board or a licensee at a hearing or require a member of the Board or a licensee

to produce books, X rays, medical records or any other papers during a hearing.

     3.  The Board or a person acting on its

behalf will not petition the district court for an order compelling compliance

with a subpoena unless:

     (a) At the time the subpoena is served, the witness

is tendered:

          (1) A fee of $25 for the first day of

attendance at the hearing;

          (2) An allowance for travel which is equal to

the allowance for travel by private conveyance provided for state officers and

employees generally; and

          (3) A per diem allowance equal to the per diem

allowance provided for state officers and employees generally.

     (b) It is served upon the witness at least 120

hours before he or she is required to appear at the hearing.

     (Added to NAC by Bd. of Medical Exam’rs, eff. 1-13-94;

A by R149-97, 3-30-98)

COLLABORATING OR SUPERVISING PHYSICIANS

      NAC 630.490  Collaboration with advanced practice registered nurse. (NRS 630.130)

     1.  Except as otherwise provided in this

section, a physician may collaborate with an advanced practice registered nurse

if the physician:

     (a) Holds an active license in good standing to

practice medicine;

     (b) Actually practices medicine in this State; and

     (c) Has not been specifically prohibited by the

Board from acting as a collaborating physician.

     2.  No physician may collaborate with an

advanced practice registered nurse whose scope of practice or medical competence

is other than the scope of practice or medical competence of the physician.

     3.  Before collaborating with an advanced

practice registered nurse, a physician, on a form prescribed by the Board,

shall notify the Board of the name and location of the practice of the advanced

practice registered nurse and the portion of the practice of the advanced

practice registered nurse that the physician will collaborate on with the

advanced practice registered nurse. The notice must contain the signatures of

the advanced practice registered nurse and the collaborating physician.

     4.  In addition to any other requirements, if

the State Board of Nursing pursuant to NRS 632.325 has disciplined an

advanced practice registered nurse, a physician shall not collaborate with that

advanced practice registered nurse unless the physician has been specifically

approved by the Board to act as the collaborating physician of that advanced

practice registered nurse.

     5.  A collaborating physician shall

immediately notify the Board of the termination of collaboration between the

collaborating physician and an advanced practice registered nurse. For any

portion of the practice of the advanced practice registered nurse that the

collaborating physician terminating collaboration with the advanced practice

registered nurse collaborated, no physician shall collaborate with the advanced

practice registered nurse until the physician submits notice to the Board

pursuant to subsection 3.

     6.  The collaborating physician or his or her

substitute shall be available at all times that the advanced practice

registered nurse is providing medical services to consult with the advanced

practice registered nurse. Those consultations may be indirect, including,

without limitation, by telephone.

     7.  The collaborating physician shall, at

least once a month, spend part of a day at any location where the advanced

practice registered nurse provides medical services to act as consultant to the

advanced practice registered nurse and to monitor the quality of care provided

by an advanced practice registered nurse.

     8.  The collaborating physician shall develop

and carry out a program to ensure the quality of care provided by an advanced

practice registered nurse. The program must include, without limitation:

     (a) An assessment of the medical competency of the

advanced practice registered nurse;

     (b) A review and initialing of selected charts;

     (c) An assessment of a representative sample of

referrals or consultations made by the advanced practice registered nurse with

another health professional as required by the condition of the patient;

     (d) Direct observation of the ability of the

advanced practice registered nurse to take a medical history from and perform

an examination of patients representative of those cared for by the advanced

practice registered nurse; and

     (e) Maintenance of accurate records and

documentation of the program for each advanced practice registered nurse with

whom the physician collaborated.

     9.  The collaborating physician shall ensure

that the advanced practice registered nurse:

     (a) Does not use presigned prescriptions; and

     (b) Practices in strict compliance with the

regulations of the State Board of Pharmacy regarding prescriptions, controlled

substances, dangerous drugs and devices.

     10.  The medical director of a practice that

is specific to a site, including, without limitation, a facility for skilled

nursing or a hospital, may act as a collaborating physician to an advanced practice

registered nurse who works at the practice. A medical director acting as a

collaborating physician may allow the advanced practice registered nurse to

evaluate and care for patients under the direction of an attending physician

who is not the collaborating physician of the advanced practice registered

nurse.

     11.  A collaborating physician shall ensure

that the medical services that an advanced practice registered nurse performs

while collaborating with the physician are:

     (a) Commensurate with the education, training,

experience and level of competence of the advanced practice registered nurse;

and

     (b) Within the scope of practice of the:

          (1) Advanced practice registered nurse;

          (2) Certification of the advanced practice

registered nurse; and

          (3) Collaborating physician.

     12.  If the collaborating physician is unable

to act as the collaborating physician for an advanced practice registered

nurse, he or she shall designate a qualified substitute physician to act as a

temporary collaborating physician. The scope of practice or medical competence

of the temporary collaborating physician must be the same as the scope of

practice or medical competence of the original collaborating physician.

     13.  The collaborating physician is

responsible for all the medical services performed by the advanced practice

registered nurse.

     (Added to NAC by Bd. of Medical Exam’rs, eff. 6-23-86;

A by R149-97, 3-30-98; R145-03, 12-16-2003)

      NAC 630.495  Restrictions on simultaneous supervision of physician assistants

and collaboration with advanced practice registered nurses. (NRS 630.130)

     1.  Except as otherwise provided in

subsection 2, a physician shall not simultaneously:

     (a) Supervise more than three physician assistants;

     (b) Collaborate with more than three advanced

practice registered nurses; or

     (c) Supervise or collaborate with a combination of

more than three physician assistants and advanced practice registered nurses.

     2.  A physician may petition the Board for

approval to supervise or collaborate with more physician assistants and

advanced practice registered nurses than he or she would otherwise be allowed

pursuant to subsection 1. The Board will not approve the petition unless the

physician provides satisfactory proof to the Board that:

     (a) Special circumstances regarding his or her

practice exist that necessitate his or her supervision or collaboration with

more physician assistants and advanced practice registered nurses than would

otherwise be allowed pursuant to subsection 1; and

     (b) The physician will be able to supervise or

collaborate with the number of physician assistants and advanced practice

registered nurses for which he or she is requesting approval in a satisfactory

manner.

     (Added to NAC by Bd. of Medical Exam’rs by R149-97,

eff. 3-30-98; A by R108-01, 11-29-2001)

PRACTITIONERS OF RESPIRATORY CARE

      NAC 630.500  Qualifications of applicants. (NRS 630.130, 630.279)  An

applicant for licensure as a practitioner of respiratory care must have the

following qualifications:

     1.  If he or she has not practiced as a

practitioner of respiratory care for 12 months or more immediately preceding

his or her application for licensure in this State, the applicant must, except

as otherwise provided in subsections 2 and 3, at the order of the Board, take

and pass any examination that the Board deems appropriate to test the

professional competency of the practitioner.

     2.  If he or she has not practiced as a

practitioner of respiratory care for 12 months or more but less than 5 years

immediately preceding his or her application for licensure in this State, the

applicant may provide proof that he or she has successfully completed 10 units

of continuing education for each year or portion thereof he or she has not

practiced respiratory care. If he or she provides proof of successfully

completing at least 10 units of continuing education for each year or portion

thereof he or she has not practiced respiratory care, the applicant is exempt

from the examination required pursuant to subsection 1.

     3.  If he or she has not practiced as a

practitioner of respiratory care for 5 years or more immediately preceding his

or her application for licensure in this State, the applicant must retake and

pass the examination required to be certified as a practitioner of respiratory

care administered by the National Board for Respiratory Care or its successor

organization.

     4.  Be a citizen of the United States or be

lawfully entitled to remain and work in the United States.

     5.  Be able to communicate adequately orally

and in writing in the English language.

     6.  Be of good moral character and reputation.

     7.  Be in compliance with the provisions of NRS 630.277.

     (Added to NAC by Bd. of Medical Exam’rs by R108-01,

eff. 11-29-2001; A by R176-08, 2-11-2009; R036-13, 2-26-2014)

      NAC 630.505  Application for license. (NRS 630.130, 630.279)

     1.  An application for licensure as a

practitioner of respiratory care must be made on a form supplied by the Board.

The application must include:

     (a) The date of birth and the birthplace of the

applicant, his or her sex and the various places of his or her residence after

reaching 18 years of age;

     (b) The education of the applicant, including,

without limitation, all high schools, postsecondary institutions and

professional institutions attended, the length of time in attendance at each

high school or institution and whether he or she is a graduate of those schools

and institutions;

     (c) Whether the applicant has ever applied for a

license or certificate as a practitioner of respiratory care in another state

and, if so, when and where and the results of his or her application;

     (d) The professional training and experience of the

applicant;

     (e) Whether the applicant has ever been

investigated for misconduct as a practitioner of respiratory care or had a

license or certificate as a practitioner of respiratory care revoked, modified,

limited or suspended or whether any disciplinary action or proceedings have

ever been instituted against him or her by a licensing body in any

jurisdiction;

     (f) Whether the applicant has ever been convicted

of a felony or an offense involving moral turpitude;

     (g) Whether the applicant has ever been

investigated for, charged with or convicted of the use, illegal sale or

distribution of controlled substances; and

     (h) A public address where the applicant may be

contacted by the Board.

     2.  An applicant must submit to the Board:

     (a) Proof of completion of an educational program

as a practitioner of respiratory care that is approved by the Commission on

Accreditation of Allied Health Education Programs or its successor organization

or the Committee on Accreditation for Respiratory Care or its successor

organization;

     (b) Proof of passage of the examinations required

by NRS 630.277 and NAC 630.500 and 630.515;

and

     (c) Such further evidence and other documents or

proof of qualifications as required by the Board.

     3.  Each application must be signed by the

applicant and sworn to before a notary public or other officer authorized to

administer oaths.

     4.  The application must be accompanied by

the applicable fees for the application for licensure and biennial

registration.

     5.  An applicant shall pay the reasonable

costs of any examination required for licensure.

     (Added to NAC by Bd. of Medical Exam’rs by R108-01,

eff. 11-29-2001; A by R043-11, 5-30-2012)

      NAC 630.510  Grounds for rejection of application. (NRS 630.130, 630.279)  If it

appears that:

     1.  An applicant for licensure as a

practitioner of respiratory care is not qualified or is not of good moral

character or reputation;

     2.  Any credential submitted is false; or

     3.  The application is not made in proper

form or other deficiencies appear in it,

Ê the

application may be rejected.

     (Added to NAC by Bd. of Medical Exam’rs by R108-01,

eff. 11-29-2001)

      NAC 630.515  Temporary license to practice as intern. (NRS 630.130, 630.279)

     1.  Upon payment of a fee, the Board may

issue a temporary license to practice respiratory care as an intern for a period

of 12 months to an applicant for licensure providing the applicant shows:

     (a) Written evidence, verified by oath, that the

applicant is a graduate of a respiratory education program; and

     (b) That he or she is scheduled to sit for the

national exam administered by the National Board for Respiratory Care or its

successor organization.

     2.  During the 12-month period, the applicant

shall wear a name badge that prominently displays the phrase “Graduate

Therapist” while on the job.

     (Added to NAC by Bd. of Medical Exam’rs by R108-01,

eff. 11-29-2001)

      NAC 630.520  Contents of license. (NRS 630.130, 630.279)  The

license as a practitioner of respiratory care issued by the Board must contain:

     1.  The name of the practitioner of

respiratory care;

     2.  The duration of the license; and

     3.  Any other limitations or requirements

that the Board prescribes.

     (Added to NAC by Bd. of Medical Exam’rs by R108-01,

eff. 11-29-2001)

      NAC 630.525  Fee for biennial registration; cause for disciplinary action or

refusal to issue license. (NRS 630.130, 630.279)

     1.  On or before July 1 of each odd-numbered

year after March 1, 2010, each holder of a license to practice respiratory care

shall pay the applicable fee for biennial registration to the

Secretary-Treasurer of the Board.

     2.  A practitioner of respiratory care who

has been licensed by the Board but is not currently licensed, has surrendered

his or her license or has failed to renew his or her license may be disciplined

by the Board, if the Board deems necessary, upon hearing a complaint for

disciplinary action against him or her.

     3.  If the Board determines that the conduct

of a practitioner of respiratory care when he or she was on inactive status in

another jurisdiction would have resulted in the denial of an application for

licensure in this State, the Board will, if appropriate, refuse to license the

practitioner of respiratory care.

     (Added to NAC by Bd. of Medical Exam’rs by R108-01,

eff. 11-29-2001; A by R124-10, 12-16-2010)

      NAC 630.530  Renewal of license; notification of withdrawal of certification;

expiration and reinstatement of license. (NRS 630.130, 630.279)

     1.  The license of a practitioner of

respiratory care may be renewed biennially upon dates set by the Board. The

license will not be renewed unless the practitioner of respiratory care

provides satisfactory proof:

     (a) Of current certification by the National Board

for Respiratory Care or its successor organization; and

     (b) That he or she has completed the number of

contact hours of continuing professional education required by subsections 2

and 3.

     2.  To renew a license for the practice of

respiratory care, a licensee must complete the number of contact hours of

continuing education required by subsection 3, of which:

     (a) Sixty percent must be from an approved

educational source directly related to the practice of respiratory care. Two

hours of this 60 percent must be in medical ethics.

     (b) Forty percent must be in any program approved

by the American Association for Respiratory Care for Continuing Respiratory

Care Education or any program of another organization approved by the Board.

     3.  The following contact hours for

continuing education are required for a licensee to renew a license for the

practice of respiratory care:

     (a) If licensed during the first 6 months of the

biennial period of registration, 20 hours.

     (b) If licensed during the second 6 months of the biennial

period of registration, 15 hours.

     (c) If licensed during the third 6 months of the

biennial period of registration, 10 hours.

     (d) If licensed during the fourth 6 months of the

biennial period of registration, 5 hours.

     4.  A practitioner of respiratory care shall

notify the Board within 10 days if his or her certification by the National

Board for Respiratory Care or its successor organization is withdrawn.

     5.  To allow for the renewal of a license to

practice respiratory care by each person to whom a license was issued or

renewed in the preceding renewal period, the Board will make such reasonable

attempts as are practicable to:

     (a) Mail a renewal notice at least 60 days before

the expiration of a license to practice respiratory care; and

     (b) Send a renewal application to a licensee at the

last known address of the licensee on record with the Board.

     6.  If a licensee fails to pay the fee for

biennial registration required by NAC 630.525 on or

before July 1 of each odd-numbered year, or fails to submit proof that the

licensee completed the number of contact hours of continuing education required

by subsections 2 and 3, his or her license to practice respiratory therapy in

this State expires. Within 2 years after the date on which the license expires,

the holder may be reinstated to practice respiratory care if he or she:

     (a) Pays twice the amount of the current fee for

biennial registration to the Secretary-Treasurer of the Board;

     (b) Submits proof that he or she completed the

number of contact hours of continuing education required by subsections 2 and

3; and

     (c) Is found to be in good standing and qualified

pursuant to the provisions of this chapter and NRS 630.277.

     7.  The Board may issue not more than 10

contact hours of continuing education during a biennial licensing period to a

licensee if the licensee performs a medical review for the Board. The hours

issued by the Board:

     (a) May be credited against the hours required for

a biennial licensing period pursuant to subsections 2 and 3; and

     (b) Must be equal to the actual time involved in

performing the medical review, not to exceed 10 hours.

     (Added to NAC by Bd. of Medical Exam’rs by R108-01,

eff. 11-29-2001; A by R049-10, 10-15-2010; R124-10, 12-16-2010; R140-11, 9-14-2012;

R035-13, 2-26-2014)

      NAC 630.535  Suspension upon loss of certification. (NRS 630.130, 630.279)  If a

licensee loses certification by the National Board for Respiratory Care or its

successor organization, his or her license to practice respiratory care is

automatically suspended until further order of the Board.

     (Added to NAC by Bd. of Medical Exam’rs by R108-01,

eff. 11-29-2001)

      NAC 630.540  Grounds for discipline or denial of licensure. (NRS 630.130, 630.279)  A

practitioner of respiratory care is subject to discipline or denial of

licensure by the Board if, after notice and hearing in accordance with this

chapter, the Board finds that the practitioner of respiratory care:

     1.  Willfully and intentionally made a false

or fraudulent statement or submitted a forged or false document in applying for

a license or renewing a license.

     2.  Performed respiratory care services other

than as permitted by law.

     3.  Committed malpractice in the performance

of respiratory care services, which may be evidenced by claims settled against

a practitioner of respiratory care.

     4.  Disobeyed any order of the Board or an

investigative committee of the Board or violated a provision of this chapter.

     5.  Is not competent to provide respiratory

care services.

     6.  Lost his or her certification by the

National Board for Respiratory Care or its successor organization.

     7.  Failed to notify the Board of loss of

certification by the National Board for Respiratory Care or its successor

organization.

     8.  Falsified records of health care.

     9.  Rendered respiratory care to a patient

while under the influence of alcohol or any controlled substance or in any

impaired mental or physical condition.

     10.  Practiced respiratory care after his or

her license has expired or been suspended.

     11.  Has been convicted of a felony, any

offense involving moral turpitude or any offense relating to the practice of

respiratory care or the ability to practice respiratory care.

     12.  Has had a license to practice

respiratory care revoked, suspended, modified or limited by any other

jurisdiction or has surrendered such license or discontinued the practice of

respiratory care while under investigation by any licensing authority, a

medical facility, a branch of the Armed Forces of the United States, an

insurance company, an agency of the Federal Government or any employer.

     13.  Engaged in any sexual activity with a

patient who is currently being treated by the practitioner of respiratory care.

     14.  Engaged in disruptive behavior with

physicians, hospital personnel, patients, members of the family of a patient or

any other person if the behavior interferes with patient care or has an adverse

impact on the quality of care rendered to a patient.

     15.  Engaged in conduct that violates the

trust of a patient and exploits the relationship between the practitioner of

respiratory care and the patient for financial or other personal gain.

     16.  Engaged in conduct which brings the

respiratory care profession into disrepute, including, without limitation,

conduct which violates any provision of a national code of ethics adopted by

the Board by regulation.

     17.  Engaged in sexual contact with a surrogate

of a patient or other key person related to a patient, including, without

limitation, a spouse, parent or legal guardian, that exploits the relationship

between the practitioner of respiratory care and the patient in a sexual

manner.

     18.  Made or filed a report that the

practitioner of respiratory care knows to be false, failed to file a record or

report as required by law or willfully obstructed or induced another to

obstruct such filing.

     19.  Altered the medical records of a

patient.

     20.  Failed to report any person that the

practitioner of respiratory care knows, or has reason to know, is in violation

of the provisions of chapter 630 of

NRS or NAC 630.500 to 630.560,

inclusive, relating to the practice of respiratory care.

     21.  Has been convicted of a violation of any

federal or state law regulating the prescription, possession, distribution or

use of a controlled substance.

     22.  Held himself or herself out or permitted

another to represent him or her as a licensed physician.

     23.  Violated any provision that would

subject a practitioner of medicine to discipline pursuant to NRS 630.301 to 630.3065, inclusive, or NAC 630.230.

     (Added to NAC by Bd. of Medical Exam’rs by R108-01,

eff. 11-29-2001)

      NAC 630.545  Disciplinary action: Notice of charges. (NRS 630.130, 630.279)  Before

the Board takes disciplinary action against a practitioner of respiratory care,

the Board will give to the practitioner of respiratory care a written notice

specifying the charges made against the practitioner of respiratory care and

stating that the charges will be heard at the time and place indicated in the

notice. The notice will be served on the practitioner of respiratory care at

least 20 days before the date fixed for the hearing. Service of the notice will

be made, and any investigation and subsequent proceedings will be conducted in

the same manner as provided by law for disciplinary actions against physicians.

     (Added to NAC by Bd. of Medical Exam’rs by R108-01,

eff. 11-29-2001)

      NAC 630.550  Examination to determine fitness to practice. (NRS 630.130, 630.279)

     1.  If the Board or any investigative

committee of the Board has reason to believe that the conduct of any

practitioner of respiratory care has raised a reasonable question as to his or

her competence to practice as a practitioner of respiratory care with

reasonable skill and safety to patients, the Board may order that the

practitioner of respiratory care undergo a mental or physical examination or an

examination testing his or her competence to practice as a practitioner of

respiratory care administered by physicians or practitioners of respiratory

care or any other examination designated by the Board to assist the Board or

committee in determining the fitness of the practitioner of respiratory care to

practice as a practitioner of respiratory care.

     2.  Every practitioner of respiratory care

who applies for or is issued a license and who accepts the privilege of

performing respiratory care in this State shall be deemed to have given his or

her consent to submit to such an examination pursuant to subsection 1 if he or

she is directed to do so in writing by the Board.

     3.  For the purpose of this section, a report

of the testimony or an examination by an examining physician or practitioner of

respiratory care does not constitute a privileged communication.

     4.  Except in extraordinary circumstances, as

determined by the Board, the failure of a licensed practitioner of respiratory

care to submit to an examination if he or she is directed to do so pursuant to

this section constitutes an admission of the charges against him or her. A

default and final order may be entered without the taking of testimony or

presentation of evidence.

     5.  A practitioner of respiratory care who is

subject to an examination pursuant to this section shall pay the costs of the

examination.

     (Added to NAC by Bd. of Medical Exam’rs by R108-01,

eff. 11-29-2001)

      NAC 630.555  Determination after notice and hearing: Sanctions or dismissal of

charges. (NRS

630.130, 630.279)  If the

Board finds, by a preponderance of the evidence, after notice and hearing in

accordance with this chapter, that:

     1.  The charges in a complaint against a

practitioner of respiratory care are true, the Board will issue and serve on

the practitioner of respiratory care its written findings and any order of

sanctions. The following sanctions may be imposed on a practitioner of

respiratory care by order of the Board:

     (a) Placement on probation for a specified period

on any of the conditions specified in the order.

     (b) Administration of a public reprimand.

     (c) Suspension of his or her license for a

specified period or until further order of the Board.

     (d) Revocation of his or her license to practice.

     (e) A requirement that he or she participate in a

program to correct alcohol or drug dependence or any other impairment.

     (f) A requirement that there be specified

supervision of his or her practice.

     (g) A requirement that he or she perform public

service without compensation.

     (h) A requirement that he or she take a physical or

mental examination or an examination testing his or her medical competence.

     (i) A requirement that he or she fulfill certain

training or educational requirements, or both, as specified by the Board.

     (j) A fine not to exceed $1,500.

     (k) A requirement that the practitioner of

respiratory care pay all costs incurred by the Board relating to the

disciplinary proceedings.

     2.  No violation has occurred, the Board will

issue a written order dismissing the charges and notify the practitioner of

respiratory care that the charges have been dismissed. If the disciplinary

proceedings were initiated as a result of a complaint filed against the

practitioner of respiratory care, the Board may provide to the practitioner of

respiratory care a copy of the complaint and the name of the person who filed

the complaint.

     (Added to NAC by Bd. of Medical Exam’rs by R108-01,

eff. 11-29-2001)

      NAC 630.560  Advisory committee. (NRS 630.130, 630.279)

     1.  The Board will appoint five licensed

practitioners of respiratory care to an advisory committee. These practitioners

of respiratory care must have lived in and actively and continuously practiced

in this State as practitioners of respiratory care for at least 3 years before

their appointment.

     2.  The Board will give appointees to the

advisory committee written notice of their appointment and terms of office and

a written summary of any projects pending before the committee.

     3.  At the request of the Board, the advisory

committee shall review and make recommendations to the Board concerning any

matters relating to licensed practitioners of respiratory care.

     (Added to NAC by Bd. of Medical Exam’rs by R108-01,

eff. 11-29-2001; A by R081-05, 10-31-2005)

USE OF MEANS OR INSTRUMENTALITIES OF TREATMENT OTHER THAN

CONVENTIONAL TREATMENT

      NAC 630.600  “Conventional treatment” defined. (NRS 630.130)  As used

in NAC 630.600 to 630.630,

inclusive, unless the context otherwise requires, “conventional treatment”

means the health care methods of diagnoses, treatments or interventions that

are:

     1.  Generally accepted methods of routine

practice offered by most licensed physicians;

     2.  Based upon medical training, experience

and peer-reviewed scientific literature; and

     3.  Ordinarily utilized by physicians in good

standing practicing in the same specialty or field.

     (Added to NAC by Bd. of Medical Exam’rs by R108-01,

eff. 11-29-2001)

      NAC 630.605  Provisional approval; disciplinary action for violation. (NRS 630.130)  Except

as otherwise provided in NAC 630.610 to 630.630, inclusive, a licensee may practice medicine

by utilizing any means or instrumentality. A licensee is subject to

disciplinary action by the Board if the Board finds that the licensee has

violated any of the provisions of NAC 630.610 to 630.630, inclusive.

     (Added to NAC by Bd. of Medical Exam’rs by R108-01,

eff. 11-29-2001)

      NAC 630.610  Use of certain means or instrumentalities prohibited. (NRS 630.130)  A

licensee shall not practice medicine by utilizing any means or instrumentality

that:

     1.  Has a risk for a patient which is

unreasonably greater than the means or instrumentality ordinarily utilized by

physicians in good standing practicing in the same specialty or field; or

     2.  Is provided as a substitute for any

conventional treatment which has proven to be of substantial benefit to the

patient.

     (Added to NAC by Bd. of Medical Exam’rs by R108-01,

eff. 11-29-2001)

      NAC 630.615  Assessment of patient; contents of assessment. (NRS 630.130)  Before

offering advice about the means or instrumentality of treatment, the licensee

shall undertake an assessment of the patient. The assessment must be documented

in the medical chart of the patient and should include, without limitation, the

conventional methods of diagnosis ordinarily utilized by physicians in good

standing practicing in the same specialty or field. The assessment may include

nonconventional methods of diagnosis. The assessment must include the

following:

     1.  An adequate medical record.

     2.  Documentation as to whether conventional

treatment options, including, without limitation, referral options for

conventional treatment, ordinarily utilized by physicians in good standing

practicing in the same specialty or field have been:

     (a) Discussed with the patient;

     (b) Offered to the patient;

     (c) Refused by the patient; or

     (d) Undertaken with the patient and, if so, the

outcome of the treatment.

     3.  If a treatment is offered which is not

considered to be conventional, documentation of written informed consent by the

patient for each treatment plan, including, without limitation, documentation

that the risks and benefits of the use of both the conventional and the other

means or instrumentality of treatment were discussed with the patient or

guardian.

     4.  A review of the current diagnosis and

conventional treatment.

     5.  Documentation as to whether the other

means or instrumentality of treatment could interfere with any other ongoing

conventional treatment.

     (Added to NAC by Bd. of Medical Exam’rs by R108-01,

eff. 11-29-2001)

      NAC 630.620  Documented treatment plan. (NRS 630.130)  The

licensee may offer the patient any means or instrumentality of treatment other

than conventional treatment if it is offered pursuant to a documented treatment

plan tailored for the individual needs of the patient. The documented treatment

plan must:

     1.  Evaluate treatment progress or success

with stated objectives, including, without limitation, pain relief and improved

physical or psychosocial function.

     2.  Consider pertinent medical history,

previous medical records and physical examinations, and the need for further

testing, consultations, referrals or the use of other treatment modalities.

     (Added to NAC by Bd. of Medical Exam’rs by R108-01,

eff. 11-29-2001)

      NAC 630.625  Periodic reviews of care of patient. (NRS 630.130)  To

utilize means or instrumentalities of treatment other than conventional

treatment, the licensee must document and conduct periodic reviews of the care

of the patient. The periodic reviews must:

     1.  Consider the individual circumstances of

the patient;

     2.  Be conducted at reasonable intervals in

consideration of the individual circumstances of the patient;

     3.  Report the progress in reaching treatment

objectives; and

     4.  Take into consideration the treatment

prescribed, ordered or administered, as well as any new information about the

etiology of the complaint.

     (Added to NAC by Bd. of Medical Exam’rs by R108-01,

eff. 11-29-2001)

      NAC 630.630  Records of care provided to patient. (NRS 630.130)  The

licensee shall maintain complete and accurate records of the care provided to

the patient, including, without limitation, the requirements of NAC 630.610 to 630.625,

inclusive.

     (Added to NAC by Bd. of Medical Exam’rs by R108-01,

eff. 11-29-2001)

PERFUSIONISTS

      NAC 630.700  Application for license. (NRS 630.130, 630.269, 630.2691)

     1.  An application for licensure as a

perfusionist must be made on a form provided by the Board. The application must

set forth:

     (a) The date and place of birth of the applicant;

     (b) The gender of the applicant;

     (c) The education of the applicant, including,

without limitation, each high school and postsecondary institution attended by

the applicant, the dates of attendance and whether the applicant is a graduate

of those schools and institutions;

     (d) If the applicant has ever applied for a license

or certificate to practice perfusion in another state or jurisdiction, the date

and disposition of the application;

     (e) The training and experience of the applicant in

the practice of perfusion;

     (f) If the applicant has ever been investigated for

misconduct in the practice of perfusion, had a license or certificate to

practice perfusion revoked, modified, limited or suspended or had any

disciplinary action or proceeding instituted against the applicant by a

licensing body in another state or jurisdiction, the dates, circumstances and

disposition of each such occurrence;

     (g) If the applicant has ever been convicted of a

felony or any offense involving moral turpitude, the dates, circumstances and disposition

of each such occurrence;

     (h) If the applicant has ever been investigated

for, charged with or convicted of the use or illegal sale or dispensing of a

controlled substance, the dates, circumstances and disposition of each such

occurrence; and

     (i) Each place of residence of the applicant after

the date of graduation of the applicant from high school or the receipt by the

applicant of a high school general equivalency diploma, whichever occurred most

recently.

     2.  An applicant must submit to the Board:

     (a) Proof that the applicant is a citizen of the

United States or that the applicant is lawfully entitled to remain and work in

the United States.

     (b) Proof of completion of a perfusion education

program that satisfies the requirements of NRS 630.2691. For the purpose of

that section, the following perfusion education programs shall be deemed

approved by the Board:

          (1) Any perfusion education program completed

by the applicant on or before June 1, 1994, which was approved by the Committee

on Allied Health Education and Accreditation of the American Medical

Association;

          (2) Any perfusion education program completed

by the applicant after June 1, 1994, which was accredited by the Accreditation

Committee-Perfusion Education and approved by the Commission on Accreditation

of Allied Health Education Programs of the American Medical Association, or its

successor; or

          (3) Any other perfusion education program

completed by the applicant, the educational standards of which the Board

determines are at least as stringent as those established by the Accreditation

Committee-Perfusion Education and approved by the Commission on Accreditation

of Allied Health Education Programs of the American Medical Association, or its

successor.

     (c) Except as otherwise provided in NRS 630.2693, proof of passage of

the certification examination given by the American Board of Cardiovascular Perfusion

or its successor, as required by NRS

630.2692.

     (d) Such further evidence and other documents or

proof of qualifications as are required by the Board.

     3.  Each application must be signed by the

applicant and sworn to before a notary public or other officer authorized to

administer oaths.

     4.  The application must be accompanied by

the applicable fee.

     5.  An applicant shall pay the reasonable

costs of any examination required for licensure.

     (Added to NAC by Bd. of Medical Exam’rs by R079-10, eff.

12-16-2010; A by R093-12, 2-20-2013; R036-13, 2-26-2014)

      NAC 630.710  Grounds for rejection of application. (NRS 630.130, 630.269)  The

Board may reject an application for licensure as a perfusionist if the Board

determines that:

     1.  The applicant is not qualified or is not

of good moral character or reputation;

     2.  Any credential submitted by the applicant

is false; or

     3.  The application is not made in proper

form or is otherwise deficient.

     (Added to NAC by Bd. of Medical Exam’rs by R079-10,

eff. 12-16-2010)

      NAC 630.720  Contents of license. (NRS 630.130, 630.269)  A

license to practice perfusion issued by the Board must contain:

     1.  The name of the perfusionist;

     2.  The duration of the license, as

determined pursuant to NRS 630.2695;

and

     3.  Any limitation or requirement applicable

to the license that is prescribed by the Board.

     (Added to NAC by Bd. of Medical Exam’rs by R079-10,

eff. 12-16-2010)

      NAC 630.730  Primary location of practice. (NRS 630.130, 630.269)  Before

providing perfusion services, a perfusionist must notify the Board, on a form

prescribed by the Board, of the name and location of the primary location of

practice of the perfusionist. The form must be signed by the perfusionist.

     (Added to NAC by Bd. of Medical Exam’rs by R079-10,

eff. 12-16-2010)

      NAC 630.740  Renewal of license; continuing education; notice of renewal. (NRS 630.130, 630.269)

     1.  The license of a perfusionist may be

renewed biennially. Except as otherwise provided in subsection 2, each person

licensed as a perfusionist shall, at the time of the renewal of his or her

license, provide satisfactory proof to the Board that he or she has completed

during the biennial licensing period at least 30 hours of continuing education

units that have been approved for credit by the American Board of

Cardiovascular Perfusion. The continuing education units must be completed in

the various categories of continuing education recognized by the American Board

of Cardiovascular Perfusion, as follows:

     (a) At least 15 hours, not less than 2 hours of

which must be related to medical ethics, must be completed in Category I

approved continuing education, which may include, without limitation, such

activities as:

          (1) Attendance at an international, national,

regional or state meeting relating to perfusion.

          (2) Publication of a book, chapter or article

relating to perfusion.

          (3) Presenting or addressing at an

international, national, regional or state meeting relating to perfusion.

          (4) Completion of a self-directed continuing

education course relating to perfusion.

     (b) Not more than 15 hours may be completed in

Category II or Category III approved continuing education, which may include,

without limitation, such activities as:

          (1) Attendance at an international, national,

regional, state or local meeting relating to perfusion that has not been

approved for Category I credit.

          (2) Attendance at a manufacturer-specific or

company-sponsored educational activity that was not equally accessible to all

perfusionists.

          (3) Attendance at a medically-related

international, national, regional, state or local meeting that has not been

approved for Category I credit.

          (4) Attendance at advanced cardiac

life-support training that has not been approved for Category I credit.

          (5) Individual education and other self-study

activities that have not been approved for Category I credit.

     2.  If the perfusionist was licensed only

during the second year of a biennial licensing period, he or she must attain

and prove upon his or her renewal application the completion during the

biennial licensing period of at least 16 hours of continuing education units

that have been approved for credit by the American Board of Cardiovascular

Perfusion, as follows:

     (a) At least 8 hours, not less than 2 hours of

which must be related to medical ethics, must be completed in Category I

approved continuing education activities; and

     (b) Not more than 8 hours must be completed in

Category II and Category III approved continuing education activities.

     3.  The notice of renewal that the Board is

required to send to a licensed perfusionist pursuant to NRS 630.2695 will be sent to the

last known address of the perfusionist on record with the Board.

     4.  The Board may issue not more than 15

hours of continuing education units during a biennial licensing period to a

licensed perfusionist if the perfusionist performs a medical review for the

Board. The hours issued by the Board:

     (a) May be credited against the hours required for

a biennial licensing period pursuant to subsection 1 or 2; and

     (b) Must be equal to the actual time involved in

performing the medical review, not to exceed 15 hours.

     (Added to NAC by Bd. of Medical Exam’rs by R079-10,

eff. 12-16-2010; A by R035-13, 2-26-2014)

      NAC 630.750  Fee for reinstatement of expired license. (NRS 630.130, 630.269)  The fee

for the reinstatement of an expired license pursuant to NRS 630.2695 is an amount equal to

twice the current amount of the fee for the biennial renewal of the license.

     (Added to NAC by Bd. of Medical Exam’rs by R079-10,

eff. 12-16-2010)

      NAC 630.760  Performance of authorized services; identification; misrepresentation. (NRS 630.130, 630.269)

     1.  The services that a perfusionist may be

authorized to perform under the order and supervision of a physician must be

commensurate with the education, training, experience and level of competence

of the perfusionist.

     2.  A perfusionist shall at all times while

on duty wear a placard, plate or insigne which identifies himself or herself as

a perfusionist.

     3.  A perfusionist shall not represent

himself or herself in any manner that would tend to mislead a patient or the

general public.

     (Added to NAC by Bd. of Medical Exam’rs by R079-10,

eff. 12-16-2010)

      NAC 630.770  Grounds for discipline or denial of licensure. (NRS 630.130, 630.269)

     1.  A perfusionist is subject to discipline

pursuant to chapter 630 of NRS or

denial of licensure by the Board if, after notice and hearing, the Board finds

that the perfusionist:

     (a) Willfully and intentionally made a false or

fraudulent statement or submitted a forged or false document in applying for or

renewing a license.

     (b) Performed perfusion services other than as

permitted by law.

     (c) Committed malpractice in the performance of

perfusion services, which may be evidenced by claims settled against the

perfusionist.

     (d) Disobeyed any order of the Board or an

investigative committee of the Board or violated any provision of this chapter

or chapter 630 of NRS.

     (e) Is not competent to provide perfusion services.

     (f) Lost his or her certification by the American

Board of Cardiovascular Perfusion or its successor organization.

     (g) Failed to notify the Board of loss of

certification by the American Board of Cardiovascular Perfusion or its

successor organization within 30 days after the loss of certification.

     (h) Falsified or altered records of health care.

     (i) Rendered perfusion services to a patient while

under the influence of alcohol or any controlled substance or in any impaired

mental or physical condition.

     (j) Practiced perfusion after his or her license as

a perfusionist had expired or been revoked or suspended.

     (k) Has been convicted of a felony, any offense

involving moral turpitude or any offense relating to the practice of perfusion

or the ability to practice perfusion.

     (l) Has had a license to practice perfusion

revoked, suspended, modified or limited by another state or jurisdiction or has

surrendered such a license or discontinued the practice of perfusion while

under investigation by any licensing authority, a medical facility, a branch of

the Armed Forces of the United States, an insurance company, an agency of the

Federal Government or any employer.

     (m) Engaged in any sexual activity with a patient

who was being treated by the perfusionist.

     (n) Engaged in disruptive behavior with physicians,

hospital personnel, patients, members of the family of a patient or any other

person if the behavior interferes with the care of a patient or has an adverse

impact on the quality of care rendered to a patient.

     (o) Engaged in conduct which brings the profession

of perfusion into disrepute, including, without limitation, conduct that

violates any of the following ethical guidelines:

          (1) A perfusionist shall at all times hold the

well-being of his or her patients paramount and shall not act in such a way as

to bring the interests of the perfusionist into conflict with the interests of

his or her patients.

          (2) A perfusionist shall not engage in conduct

that violates the trust of a patient and exploits the relationship between the

perfusionist and the patient for financial or other personal gain.

          (3) A perfusionist shall not delegate licensed

responsibilities to a person who is not qualified to perform those

responsibilities.

     (p) Engaged in sexual contact with a surrogate of a

patient or with any person related to a patient, including, without limitation,

a spouse, parent or legal guardian of a patient, that exploits the relationship

between the perfusionist and the patient in a sexual manner.

     (q) Made or filed a report that the perfusionist

knew to be false, failed to file a record or report as required by law or

willfully obstructed or induced another person to obstruct any such filing.

     (r) Failed to report to the Board any person that

the perfusionist knew, or had reason to know, was in violation of any provision

of this chapter or chapter 630 of NRS

relating to the practice of perfusion.

     (s) Has been convicted of a violation of any

federal or state law regulating the prescription, possession, distribution or

use of a controlled substance.

     (t) Held himself or herself out or permitted

another person to represent the perfusionist as a licensed physician.

     (u) Violated any provision that would subject a

person to discipline pursuant to NRS

630.301 to 630.3065,

inclusive, or NAC 630.230.

     2.  A person who has been licensed as a

perfusionist by the Board but is not currently licensed, has surrendered his or

her license or has failed to renew his or her license may be disciplined by the

Board upon hearing a complaint for disciplinary action against the person.

     (Added to NAC by Bd. of Medical Exam’rs by R079-10,

eff. 12-16-2010)

      NAC 630.780  Examination to determine fitness to practice. (NRS 630.130, 630.269)

     1.  If the Board or any investigative

committee of the Board has reason to believe that the conduct of any

perfusionist has raised a reasonable question as to his or her competence to

practice as a perfusionist with reasonable skill and safety to patients, the

Board or investigative committee may order that the perfusionist undergo a

mental or physical examination or an examination testing his or her competence

to practice as a perfusionist by physicians or any other examination designated

by the Board or investigative committee to assist the Board or investigative

committee in determining the fitness of the perfusionist to practice perfusion.

     2.  Every perfusionist who applies for or is

issued a license and who accepts the privilege of performing perfusion services

in this State shall be deemed to have given consent to submit to an examination

pursuant to subsection 1 if directed to do so in writing by the Board or investigative

committee.

     3.  For the purpose of this section, the

report of testimony or examination by the examining physicians does not

constitute a privileged communication.

     4.  Except in extraordinary circumstances, as

determined by the Board, the failure of a perfusionist to submit to an

examination if directed to do so pursuant to this section constitutes an

admission of the charges against the perfusionist. A default and final order

may be entered without the taking of testimony or presentation of evidence.

     5.  A perfusionist who is subject to an

examination pursuant to this section shall pay the costs of the examination.

     (Added to NAC by Bd. of Medical Exam’rs by R079-10,

eff. 12-16-2010)

      NAC 630.790  Advisory committee. (NRS 630.130, 630.269)

     1.  The Board will appoint three

perfusionists to an advisory committee. To the extent practicable, each

appointee must have lived in and actively and continuously practiced perfusion

in this State for at least 3 years before his or her appointment.

     2.  The Board will give each appointee

written notice of his or her appointment and term of office and a written

summary of any projects pending before the advisory committee.

     3.  At the request of the Board, the advisory

committee shall review and make recommendations to the Board concerning any

matter relating to perfusionists.

     (Added to NAC by Bd. of Medical Exam’rs by R079-10,

eff. 12-16-2010)

SUPERVISION OF MEDICAL ASSISTANTS

      NAC 630.800  “Delegating practitioner” defined. (NRS

630.130, 630.138)  As used

in NAC 630.800 to 630.830,

inclusive, unless the context otherwise requires, “delegating practitioner”

means a person who is licensed as a physician or physician assistant and who

delegates to a medical assistant the performance of a task pursuant to the

provisions of NAC 630.810 or 630.820.

     (Added to NAC by Bd. of Medical Exam’rs by R094-12,

eff. 2-20-2013)

      NAC 630.810  Delegation of tasks to medical assistant. (NRS 630.130, 630.138)

     1.  A delegating practitioner may delegate to

a medical assistant the performance of a task if:

     (a) The delegating practitioner knows that the

medical assistant possesses the knowledge, skill and training to perform the

task safely and properly;

     (b) The medical assistant is not required to be

certified or licensed to perform that task; and

     (c) The medical assistant is employed by the

delegating practitioner or the medical assistant and the delegating

practitioner are employed by the same employer.

     2.  Except as otherwise provided in NAC 630.820, if a medical assistant is delegated a

task which involves an invasive procedure, the delegating practitioner must be

immediately available to exercise oversight in person while the medical

assistant performs the task.

     (Added to NAC by Bd. of Medical Exam’rs by R094-12,

eff. 2-20-2013)

      NAC 630.820  Remote supervision of medical assistant. (NRS 630.130, 630.138)

     1.  A delegating practitioner may supervise

remotely a medical assistant to whom the practitioner has delegated the

performance of a task if:

     (a) The patient is located in a rural area;

     (b) The delegating practitioner is physically

located a significant distance from the location where the task is to be

performed;

     (c) The delegating practitioner determines that the

exigent needs of the patient require immediate attention;

     (d) The patient and the delegating practitioner

previously established a practitioner-patient relationship; and

     (e) The delegating practitioner is immediately

available by telephone or other means of instant communication during the

performance of the task by the medical assistant.

     2.  As used in this section, “rural area”

means any area in this State other than Carson City or the City of Elko,

Henderson, Reno, Sparks, Las Vegas or North Las Vegas.

     (Added to NAC by Bd. of Medical Exam’rs by R094-12,

eff. 2-20-2013)

      NAC 630.830  Prohibited activities by delegating practitioner. (NRS 630.130, 630.138)  A

delegating practitioner retains responsibility for the safety and performance

of each task which is delegated to a medical assistant. A delegating

practitioner shall not:

     1.  Delegate a task that is not within the

authority, training, expertise or normal scope of practice of the delegating

practitioner;

     2.  Transfer to another physician or

physician assistant the responsibility of supervising a medical assistant

during the performance of a task unless the physician or physician assistant

knowingly accepts that responsibility;

     3.  Authorize or allow a medical assistant to

delegate the performance of a task delegated to the medical assistant to any

other person; or

     4.  Delegate or otherwise allow a medical

assistant to administer an anesthetic agent which renders a patient unconscious

or semiconscious.

     (Added to NAC by Bd. of Medical Exam’rs by R094-12,

eff. 2-20-2013)
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