[Rev. 11/21/2013 12:47:05 PM--2013]

CHAPTER 633 - OSTEOPATHIC MEDICINE

GENERAL PROVISIONS

NRS 633.011           Definitions.

NRS 633.021           “Board” defined.

NRS 633.025           “Complaint” defined.

NRS 633.033           “Formal complaint” defined.

NRS 633.041           “Gross malpractice” defined.

NRS 633.051           “Healing art” defined.

NRS 633.055           “Hearing officer” defined.

NRS 633.061           “Hospital internship” defined.

NRS 633.071           “Malpractice” defined.

NRS 633.075           “Medical assistant” defined.

NRS 633.081           “Osteopathic medicine” and “osteopathy” defined.

NRS 633.091           “Osteopathic physician” defined.

NRS 633.105           “Panel” defined.

NRS 633.107           “Physician assistant” defined.

NRS 633.108           “Practice of osteopathic medicine” defined.

NRS 633.111           “Professional incompetence” defined.

NRS 633.121           “School of osteopathic medicine” defined.

NRS 633.123           “Supervising osteopathic physician” defined.

NRS 633.131           “Unprofessional conduct” defined.

NRS 633.151           License as revocable privilege.

NRS 633.161           Rights and duties of osteopathic physicians.

NRS 633.165           Telemedicine: Requirements for practice; exceptions; scope.

NRS 633.171           Applicability.

STATE BOARD OF OSTEOPATHIC MEDICINE

NRS 633.181           Number and appointment of members.

NRS 633.191           Qualifications of members.

NRS 633.201           Terms and replacement of members.

NRS 633.211           Oaths of office.

NRS 633.213           Acknowledgment of statutory ethical standards.

NRS 633.221           Officers.

NRS 633.231           Meetings; quorum.

NRS 633.241           Compensation of members and employees.

NRS 633.251           Fiscal year.

NRS 633.261           Payment of Board’s expenses from fees; deposit of money received by Board.

NRS 633.271           Executive Director; offices; employees.

NRS 633.281           Oaths; subpoenas.

NRS 633.283           Board required to notify Division of Public and Behavioral Health of Department of Health and Human Services upon identification of certain sentinel events.

NRS 633.286           Reports to Governor and Legislature.

NRS 633.291           Regulations.

NRS 633.301           Records; confidentiality of certain records; exceptions.

LICENSING

General Provisions

NRS 633.305           Applications: Filing; action by Board.

NRS 633.307           Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 633.307           Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

NRS 633.309           Submission of fingerprints.

NRS 633.311           Qualifications of applicants.

NRS 633.315           Effect of revocation of medical license in another jurisdiction for gross medical negligence.

NRS 633.322           Submission of certificate of completion of progressive postgraduate training and, if applicable, proof of completion of certain postgraduate training program.

NRS 633.324           Submission of certain information concerning claims for malpractice, complaints and disciplinary action involving applicant.

NRS 633.331           Examinations.

NRS 633.341           Reexaminations.

NRS 633.351           Right of appeal of unsuccessful applicant.

NRS 633.361           Issuance of license without examination.

NRS 633.3615         License to practice osteopathic medicine to bear seal and signatures of Board’s officers; authority to practice osteopathic medicine.

NRS 633.3617         Nondisciplinary condition, limitation or restriction placed on license by Board.

NRS 633.3619         Board prohibited from issuing or renewing license unless applicant attests to certain information related to safe and appropriate injection practices.

NRS 633.371           Display of license to practice osteopathic medicine.

 

Special Categories

NRS 633.381           Licenses issued before July 1, 1977, remain effective.

NRS 633.391           Temporary license to practice osteopathic medicine.

NRS 633.400           License by endorsement for person with license to practice osteopathic medicine from District of Columbia or any state or territory of United States.

NRS 633.401           Special licenses to practice osteopathic medicine: Physician from adjoining state; resident enrolled in postgraduate training program; specified purposes.

NRS 633.411           Special licenses to practice osteopathic medicine: Resident medical officer; professional employee of State or United States.

NRS 633.415           Special licenses to practice osteopathic medicine: Graduate of foreign school who intends to teach, research or practice clinical osteopathic medicine in this State; specified purposes.

NRS 633.416           Special volunteer license to practice osteopathic medicine.

NRS 633.417           Authorized facility license to practice osteopathic medicine as psychiatrist in certain mental health centers.

NRS 633.418           Authorized facility license to practice as osteopathic physician in institution of Department of Corrections.

NRS 633.419           Special event license to demonstrate medical techniques and procedures; regulations.

 

Physician Assistants and Supervising Osteopathic Physicians

NRS 633.432           Physician assistants: Authorized services.

NRS 633.433           Physician assistants: Issuance and conditions of license.

NRS 633.434           Physician assistants: Board to adopt regulations concerning licensure.

NRS 633.442           Physician assistants: Display of license.

NRS 633.452           Physician assistants: Rendering of emergency care.

NRS 633.466           Physician assistants: Supervision by physician.

NRS 633.467           Persons prohibited from acting as supervising osteopathic physician.

NRS 633.468           Supervising osteopathic physicians: Right to refuse to act as supervising osteopathic physician; certain agreements void.

NRS 633.469           Supervising osteopathic physicians: Requirements of supervision.

 

Renewal

NRS 633.471           Prerequisites; notice to licensee; evidence of continuing medical education; exemption from fee.

NRS 633.481           Expiration of license for failure to renew; waiver of requirements for continuing education; restoration of license.

NRS 633.491           Retired licensees; inactive status; procedure to restore active status.

 

Fees

NRS 633.501           Fees; costs of special meetings.

EMPLOYEES

NRS 633.505           Osteopathic physician prohibited from retaliating or discriminating against certain persons for reporting or participating in investigation or proceeding relating to sentinel event or conduct of osteopathic physician or other persons or refusing to engage in unlawful conduct; restriction of right prohibited.

NRS 633.507           Legal remedy for certain retaliation or discrimination: Filing of action; damages; interest; equitable relief; rebuttable presumption in certain circumstances; civil penalty; limitation of action.

REGULATION AND DISCIPLINE

General Provisions

NRS 633.509           Jurisdiction of Board over licensee unaffected by expiration or voluntary surrender of license.

NRS 633.510           Authority of Board or investigative committee to issue letter of warning, letter of concern or nonpunitive admonishment.

NRS 633.511           Grounds for initiating disciplinary action.

NRS 633.512           Inspection of premises by Board.

NRS 633.521           Prescribing or administering certain drugs or controlled substances or engaging in activity relating to medical use of marijuana not grounds for disciplinary action under certain circumstances.

NRS 633.522           Authority of Board to adopt regulations governing supervision of medical assistants.

 

Reports, Complaints, Investigations and Preliminary Proceedings

NRS 633.524           Osteopathic physician required to report certain information concerning surgeries and sentinel events; effect of failure to report; duties of Board; confidentiality of report; applicability.

NRS 633.526           Insurer of osteopathic physician or physician assistant required to report certain information concerning malpractice; administrative penalties for failure to report.

NRS 633.527           Osteopathic physician and physician assistant required to report certain information concerning malpractice and sanctions imposed against osteopathic physician or physician assistant; administrative penalties for failure to report; reports deemed public records.

NRS 633.528           Board required to conduct investigation after receiving certain reports concerning malpractice.

NRS 633.529           Board authorized to order certain examinations of osteopathic physician or physician assistant after receiving certain reports concerning malpractice.

NRS 633.531           Mandatory or optional filing of complaint; retention of complaints.

NRS 633.533           General requirements for filing complaint; medical facilities and societies required to report certain information concerning privileges and disciplinary action; administrative penalties for failure to report; clerk of court required to report certain information concerning court actions.

NRS 633.541           Review of complaint by designated member of Board; investigation of complaint; formal complaint.

NRS 633.542           Practicing or offering to practice without license: Reporting requirements of Board.

NRS 633.561           Mental or physical examination.

NRS 633.571           Examination of medical competency.

NRS 633.581           Summary suspension of license: Issuance of order; hearing; limitation on time for completing examination.

NRS 633.591           Summary suspension of license: Stay by court of Board’s order prohibited; exception.

NRS 633.601           Injunctive relief.

 

Disciplinary Proceedings

NRS 633.621           Commencement of disciplinary proceedings required for certain violations of Industrial Insurance Act.

NRS 633.625           Submission of fingerprints required upon initiation of disciplinary action; additional grounds for disciplinary action.

NRS 633.631           Service of process.

NRS 633.641           Requirements for proof.

NRS 633.643           Standard of proof.

NRS 633.651           Required disciplinary action for violations; private reprimands prohibited; orders imposing discipline deemed public records.

NRS 633.660           Hearing officers and panels: Delegation of authority by Board.

NRS 633.665           Hearing officers and panels: Powers.

NRS 633.671           Judicial review.

NRS 633.681           Reinstatement of license to practice osteopathic medicine or to practice as physician assistant.

 

Miscellaneous Provisions

NRS 633.691           Immunity from civil action; Board prohibited from taking certain action against osteopathic physician or physician assistant for disclosing violations to governmental entity or cooperating in related investigation, hearing or inquiry.

NRS 633.693           Performance of laser eye surgery or intense pulsed light therapy without proper training.

NRS 633.694           Administration of anesthesia or sedation.

NRS 633.695           Authority of nonprofit medical school or research institution to operate as corporation, operate clinic in conjunction with school or research facility and retain portion of money generated by clinic.

NRS 633.701           Limitation or termination of licensee’s privileges or criminal prosecution not precluded by disciplinary action; immunity from civil liability.

NRS 633.706           Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 633.707           Osteopathic physician authorized to issue order for public or private school to obtain and maintain auto-injectable epinephrine at school; definitions.

INJUNCTIVE RELIEF; PROSECUTION; PENALTIES

NRS 633.711           Injunctive relief against person practicing without license.

NRS 633.721           Sufficiency of allegations in criminal complaint charging unlawful practice.

NRS 633.731           Prosecution of violators; employment of investigators and assistants.

NRS 633.741           Unlawful acts; penalties.

_________

GENERAL PROVISIONS

      NRS 633.011  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 633.021 to 633.131, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1977, 939; A 2001, 491; 2005, 259; 2009, 2979; 2011, 2613)

      NRS 633.021  “Board” defined.  “Board” means the State Board of Osteopathic Medicine.

      (Added to NRS by 1977, 939)

      NRS 633.025  “Complaint” defined.  “Complaint” means a written complaint filed with the Board pursuant to the provisions of NRS 633.531.

      (Added to NRS by 2001, 491)

      NRS 633.033  “Formal complaint” defined.  “Formal complaint” means a complaint filed with the Board pursuant to the provisions of NRS 633.541.

      (Added to NRS by 2001, 491)

      NRS 633.041  “Gross malpractice” defined.  “Gross malpractice” means malpractice where the failure to exercise the requisite degree of care, diligence or skill consists of:

      1.  Performing surgery upon or otherwise ministering to a patient while the osteopathic physician is under the influence of alcohol or any controlled substance;

      2.  Gross negligence;

      3.  Willful disregard of established medical procedures; or

      4.  Willful and consistent use of medical procedures, services or treatment considered by osteopathic physicians in the community to be inappropriate or unnecessary in the cases where used.

      (Added to NRS by 1977, 939; A 1987, 1558)

      NRS 633.051  “Healing art” defined.  “Healing art” means any system, treatment, operation, diagnosis, prescription or practice for the ascertainment, cure, relief, palliation, adjustment or correction of any human disease, ailment, deformity, injury, or unhealthy or abnormal physical or mental condition for the practice of which long periods of specialized education and training and a degree of specialized knowledge of an intellectual as well as physical nature are required.

      (Added to NRS by 1977, 940)

      NRS 633.055  “Hearing officer” defined.  “Hearing officer” means a person to whom the Board has delegated its authority pursuant to subsection 1 of NRS 633.660.

      (Added to NRS by 2005, 259)

      NRS 633.061  “Hospital internship” defined.  “Hospital internship” means a 1-year internship in a general hospital conforming to the minimum standards for intern training established by the American Osteopathic Association.

      (Added to NRS by 1977, 940)

      NRS 633.071  “Malpractice” defined.  “Malpractice” means failure on the part of an osteopathic physician or physician assistant to exercise the degree of care, diligence and skill ordinarily exercised by osteopathic physicians or physician assistants in good standing in the community in which he or she practices.

      (Added to NRS by 1977, 940; A 2011, 1033)

      NRS 633.075  “Medical assistant” defined.

      1.  “Medical assistant” means a person who:

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

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

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

      (Added to NRS by 2011, 2613)

      NRS 633.081  “Osteopathic medicine” and “osteopathy” defined.  “Osteopathic medicine” or “osteopathy” means the school of medicine which:

      1.  Utilizes full methods of diagnosis and treatment in physical and mental health and disease, including the prescribing and administering of drugs and biologicals of all kinds, operative surgery, obstetrics, radiological and other electromagnetic emission; and

      2.  Places emphasis on the interrelationship of the musculoskeletal system to all other body systems.

      (Added to NRS by 1977, 940)

      NRS 633.091  “Osteopathic physician” defined.  “Osteopathic physician” means a person who:

      1.  Is a graduate of an academic program approved by the Board or is qualified to perform medical services by reason of general education, practical training and experience determined by the Board to be satisfactory; and

      2.  Has received from the Board a license to practice osteopathic medicine.

      (Added to NRS by 1977, 940)

      NRS 633.105  “Panel” defined.  “Panel” means a group of persons to whom the Board has delegated its authority pursuant to subsection 2 of NRS 633.660.

      (Added to NRS by 2005, 259)

      NRS 633.107  “Physician assistant” defined.  “Physician assistant” means a person who is a graduate of an academic program approved by the Board or who, by general education, practical training and experience determined to be satisfactory by the Board, is qualified to perform medical services under the supervision of a supervising osteopathic physician and who has been issued a license by the Board.

      (Added to NRS by 1977, 940; A 2007, 1833)—(Substituted in revision for NRS 633.101)

      NRS 633.108  “Practice of osteopathic medicine” defined.  “Practice of osteopathic medicine” includes, without limitation, the performance of an autopsy.

      (Added to NRS by 2009, 2976)

      NRS 633.111  “Professional incompetence” defined.  “Professional incompetence” means lack of ability safely and skillfully to practice osteopathic medicine, or to practice one or more of its specified branches, arising from:

      1.  Lack of knowledge or training;

      2.  Impaired physical or mental capability of the osteopathic physician;

      3.  Indulgence in the use of alcohol or any controlled substance; or

      4.  Any other sole or contributing cause.

      (Added to NRS by 1977, 940)

      NRS 633.121  “School of osteopathic medicine” defined.  “School of osteopathic medicine” means a legally chartered osteopathic school or college which:

      1.  Is accredited by the Bureau of Professional Education of the American Osteopathic Association; and

      2.  Requires as a prerequisite to graduation with the degree of doctor of osteopathy or doctor of osteopathic medicine actual attendance at the school and successful completion of its curriculum.

      (Added to NRS by 1977, 940)

      NRS 633.123  “Supervising osteopathic physician” defined.  “Supervising osteopathic physician” means an osteopathic physician who is licensed in this State, is in good standing with the Board and supervises a physician assistant with Board approval.

      (Added to NRS by 1977, 939; A 2007, 1833)—(Substituted in revision for NRS 633.031)

      NRS 633.131  “Unprofessional conduct” defined.

      1.  “Unprofessional conduct” includes:

      (a) Willfully making a false or fraudulent statement or submitting a forged or false document in applying for a license to practice osteopathic medicine or to practice as a physician assistant, or in applying for the renewal of a license to practice osteopathic medicine or to practice as a physician assistant.

      (b) Failure of a person who is licensed to practice osteopathic medicine to identify himself or herself professionally by using the term D.O., osteopathic physician, doctor of osteopathy or a similar term.

      (c) Directly or indirectly giving to or receiving from any person, corporation or other business organization any fee, commission, rebate or other form of compensation for sending, referring or otherwise inducing a person to communicate with an osteopathic physician in his or her professional capacity or for any professional services not actually and personally rendered, except as otherwise provided in subsection 2.

      (d) Employing, directly or indirectly, any suspended or unlicensed person in the practice of osteopathic medicine or in practice as a physician assistant, or the aiding or abetting of any unlicensed person to practice osteopathic medicine or to practice as a physician assistant.

      (e) Advertising the practice of osteopathic medicine in a manner which does not conform to the guidelines established by regulations of the Board.

      (f) Engaging in any:

             (1) Professional conduct which is intended to deceive or which the Board by regulation has determined is unethical; or

             (2) Medical practice harmful to the public or any conduct detrimental to the public health, safety or morals which does not constitute gross or repeated malpractice or professional incompetence.

      (g) Administering, dispensing or prescribing any controlled substance or any dangerous drug as defined in chapter 454 of NRS, otherwise than in the course of legitimate professional practice or as authorized by law.

      (h) Habitual drunkenness or habitual addiction to the use of a controlled substance.

      (i) Performing, assisting in or advising an unlawful abortion or the injection of any liquid silicone substance into the human body, other than the use of silicone oil to repair a retinal detachment.

      (j) Willful disclosure of a communication privileged pursuant to a statute or court order.

      (k) Willful disobedience of the regulations of the State Board of Health, the State Board of Pharmacy or the State Board of Osteopathic Medicine.

      (l) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any prohibition made in this chapter.

      (m) Failure of a licensee to maintain timely, legible, accurate and complete medical records relating to the diagnosis, treatment and care of a patient.

      (n) Making alterations to the medical records of a patient that the licensee knows to be false.

      (o) Making or filing a report which the licensee knows to be false.

      (p) Failure of a licensee to file a record or report as required by law, or willfully obstructing or inducing any person to obstruct such filing.

      (q) Failure of a licensee to make medical records of a patient available for inspection and copying as provided by NRS 629.061.

      (r) Providing false, misleading or deceptive information to the Board in connection with an investigation conducted by the Board.

      2.  It is not unprofessional conduct:

      (a) For persons holding valid licenses to practice osteopathic medicine issued pursuant to this chapter to practice osteopathic medicine in partnership under a partnership agreement or in a corporation or an association authorized by law, or to pool, share, divide or apportion the fees and money received by them or by the partnership, corporation or association in accordance with the partnership agreement or the policies of the board of directors of the corporation or association;

      (b) For two or more persons holding valid licenses to practice osteopathic medicine issued pursuant to this chapter to receive adequate compensation for concurrently rendering professional care to a patient and dividing a fee if the patient has full knowledge of this division and if the division is made in proportion to the services performed and the responsibility assumed by each person; or

      (c) For a person licensed to practice osteopathic medicine pursuant to the provisions of this chapter to form an association or other business relationship with an optometrist pursuant to the provisions of NRS 636.373.

      (Added to NRS by 1977, 941; A 1987, 801, 1558; 1995, 2563; 2005, 259; 2007, 1833; 2009, 2979; 2011, 1034)

      NRS 633.151  License as revocable privilege.  The purpose of licensing osteopathic physicians and physician assistants is to protect the public health and safety and the general welfare of the people of this State. Any license issued pursuant to this chapter is a revocable privilege, and a holder of such a license does not acquire thereby any vested right.

      (Added to NRS by 1977, 942; A 2007, 1835)

      NRS 633.161  Rights and duties of osteopathic physicians.

      1.  Osteopathic physicians have the same rights as physicians of other schools of medicine in all respects, including but not limited to the treatment of patients and the holding of offices in public institutions.

      2.  All state and local government regulations relative to the reporting of births and deaths in any matter pertaining to the public health apply to osteopathic physicians with the same effect as to physicians of other schools of medicine. Such reports by osteopathic physicians shall be accepted by the officers of the agency to which they are made.

      (Added to NRS by 1977, 942)

      NRS 633.165  Telemedicine: Requirements for practice; exceptions; scope.

      1.  An osteopathic physician may engage in telemedicine from within or outside this State or the United States if he or she possesses an unrestricted license to practice osteopathic medicine in this State pursuant to this chapter. An osteopathic physician who engages in telemedicine:

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

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

      2.  If an osteopathic physician engages in telemedicine with a patient who is physically located in another state or territory of the United States, the osteopathic physician shall, before engaging in telemedicine with the patient, take any steps necessary to be authorized or licensed to practice osteopathic medicine in the other state or territory of the United States in which the patient is physically located.

      3.  Except as otherwise provided in subsections 4 and 5, before an osteopathic physician may engage in telemedicine pursuant to this section:

      (a) A bona fide relationship between the osteopathic physician and the patient must exist which must include, without limitation, a history and an examination or consultation which occurred in person or through the use of telemedicine and which was sufficient to establish a diagnosis and identify any underlying medical conditions of the patient.

      (b) The osteopathic physician must obtain informed consent from the patient or the legal representative of the patient to engage in telemedicine with the patient. The osteopathic physician shall document the consent as part of the permanent medical record of the patient.

      (c) The osteopathic physician must inform the patient:

             (1) That the patient or the legal representative of the patient may withdraw the consent provided pursuant to paragraph (b) at any time;

             (2) Of the potential risks, consequences and benefits of telemedicine;

             (3) Whether the osteopathic physician has a financial interest in the Internet website used to engage in telemedicine or in the products or services provided to the patient via telemedicine; and

             (4) That the transmission of any confidential medical information while engaged in telemedicine is subject to all applicable federal and state laws with respect to the protection of and access to confidential medical information.

      4.  An osteopathic physician is not required to comply with the provisions of paragraph (a) of subsection 3 if the osteopathic physician engages in telemedicine for the purposes of making a diagnostic interpretation of a medical examination, study or test of the patient.

      5.  An osteopathic physician is not required to comply with the provisions of paragraph (a) or (c) of subsection 3 in an emergency medical situation.

      6.  The provisions of this section must not be interpreted or construed to:

      (a) Modify, expand or alter the scope of practice of an osteopathic physician pursuant to this chapter; or

      (b) Authorize the practice of osteopathic medicine or delivery of care by an osteopathic physician in a setting that is not authorized by law or in a manner that violates the standard of care required of an osteopathic physician pursuant to this chapter.

      7.  As used in this section, “telemedicine” means the practice of osteopathic medicine by using equipment that transfers information concerning the medical condition of a patient electronically, telephonically or by fiber optics.

      (Added to NRS by 2011, 1032; A 2013, 2017)

      NRS 633.171  Applicability.

      1.  This chapter does not apply to:

      (a) The practice of medicine or perfusion pursuant to chapter 630 of NRS, dentistry, chiropractic, podiatry, optometry, respiratory care, faith or Christian Science healing, nursing, veterinary medicine or fitting hearing aids.

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

      (c) Osteopathic physicians who are called into this State, other than on a regular basis, for consultation or assistance to a physician licensed in this State, and who are legally qualified to practice in the state where they reside.

      2.  This chapter does not repeal or affect any law of this State regulating or affecting any other healing art.

      3.  This chapter does not prohibit:

      (a) Gratuitous services of a person in cases of emergency.

      (b) The domestic administration of family remedies.

      (Added to NRS by 1977, 942; A 1995, 1793; 2009, 871, 2980)

STATE BOARD OF OSTEOPATHIC MEDICINE

      NRS 633.181  Number and appointment of members.  The State Board of Osteopathic Medicine consists of seven members appointed by the Governor.

      (Added to NRS by 1977, 942; A 2003, 1192)

      NRS 633.191  Qualifications of members.

      1.  Five members of the Board must:

      (a) Be licensed under this chapter;

      (b) Be actually engaged in the practice of osteopathic medicine in this State; and

      (c) Have been so engaged in this State for a period of more than 5 years preceding their appointment.

      2.  One member of the Board must be a resident of the State of Nevada and must represent the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care. This member must not be licensed under the provisions of this chapter.

      3.  The remaining member of the Board must be a resident of the State of Nevada who is:

      (a) Not licensed in any state to practice any healing art;

      (b) Not the spouse or the parent or child, by blood, marriage or adoption, of a person licensed in any state to practice any healing art; and

      (c) Not actively engaged in the administration of any medical facility or facility for the dependent as defined in chapter 449 of NRS.

      (Added to NRS by 1977, 942; A 1985, 1767; 2003, 1192)

      NRS 633.201  Terms and replacement of members.

      1.  After the initial terms, members serve terms of 4 years, except when appointed to fill unexpired terms.

      2.  If a member fails to attend meetings of the Board or to the business of the Board, as determined necessary in its discretion, the Board shall notify the Governor, and the Governor shall appoint a person qualified under this chapter to replace the member for the remainder of the unexpired term.

      (Added to NRS by 1977, 943; A 1981, 70)

      NRS 633.211  Oaths of office.  Before entering upon the duties of his or her office, each member of the Board shall take:

      1.  The constitutional oath of office; and

      2.  An oath that the member is legally qualified to serve on the Board.

      (Added to NRS by 1977, 943)

      NRS 633.213  Acknowledgment of statutory ethical standards.

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

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

      (Added to NRS by 2009, 1017)

      NRS 633.221  Officers.  The Board shall elect from its members a President, a Vice President and a Secretary-Treasurer, who shall hold their respective offices at the pleasure of the Board.

      (Added to NRS by 1977, 943; A 2011, 1035)

      NRS 633.231  Meetings; quorum.

      1.  The Board shall meet at least twice annually and may meet at other times on the call of the President or a majority of its members.

      2.  A majority of the Board constitutes a quorum to transact all business.

      (Added to NRS by 1977, 943)

      NRS 633.241  Compensation of members and employees.

      1.  Each member of the Board is entitled to receive:

      (a) A salary of not more than $150 per day, as fixed by the Board, while engaged in its business; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

      2.  While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

      (Added to NRS by 1977, 943; A 1981, 1992; 1983, 957; 1985, 444; 1989, 1698; 2007, 2947)

      NRS 633.251  Fiscal year.  The Board shall operate on the basis of a fiscal year commencing on July 1 and terminating on June 30.

      (Added to NRS by 1977, 943)

      NRS 633.261  Payment of Board’s expenses from fees; deposit of money received by Board.

      1.  All reasonable expenses incurred by the Board in carrying out the provisions of this chapter shall be paid from the fees which it receives, and no part of the salaries or expenses of the Board may be paid out of the General Fund of the State Treasury.

      2.  All money received by the Board shall be deposited in banks, credit unions or savings and loan associations in this State and shall be paid out on its order for its expenses.

      (Added to NRS by 1977, 943; A 1999, 1533)

      NRS 633.271  Executive Director; offices; employees.  The Board may:

      1.  Appoint an Executive Director who is entitled to such compensation as is determined by the Board.

      2.  Maintain offices in as many localities in the State as it finds necessary to carry out the provisions of this chapter.

      3.  Employ attorneys, hearing officers, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.

      (Added to NRS by 1977, 943; A 2001, 491; 2005, 261)

      NRS 633.281  Oaths; subpoenas.

      1.  For the purposes of this chapter:

      (a) The Secretary of the Board, or in the Secretary’s absence any member of the Board, or a hearing officer may administer oaths.

      (b) The Secretary or President of the Board or a hearing officer or panel may issue subpoenas to compel the attendance of witnesses and the production of books and papers.

      2.  If any witness refuses to attend or testify or produce any books and papers as required by the subpoena, the Secretary or President of the Board may report to the district court by petition, setting forth that:

      (a) Due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

      (b) The witness has been subpoenaed by the Board pursuant to this section; and

      (c) The witness has failed or refused to attend or produce the books and papers required by the subpoena before the Board which is named in the subpoena, or has refused to answer questions propounded to him or her,

Ê and asking for an order of the court compelling the witness to comply with the subpoena.

      3.  Upon such petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why the witness has not complied with the subpoena. A certified copy of the order must be served upon the witness.

      4.  If it appears to the court that the subpoena was regularly issued by the Board, hearing officer or panel, the court shall enter an order that the witness appear before the Board, hearing officer or panel at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order, the witness must be dealt with as for contempt of court.

      (Added to NRS by 1977, 944; A 2005, 261)

      NRS 633.283  Board required to notify Division of Public and Behavioral Health of Department of Health and Human Services upon identification of certain sentinel events.

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

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

      (Added to NRS by 2009, 3071)

      NRS 633.286  Reports to Governor and Legislature.

      1.  On or before February 15 of each odd-numbered year, the Board shall submit to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report compiling:

      (a) Disciplinary action taken by the Board during the previous biennium against osteopathic physicians and physician assistants for malpractice or negligence;

      (b) Information reported to the Board during the previous biennium pursuant to NRS 633.526, 633.527, subsections 3 and 6 of NRS 633.533 and NRS 690B.250 and 690B.260; and

      (c) Information reported to the Board during the previous biennium pursuant to NRS 633.524, including, without limitation, the number and types of surgeries performed by each holder of a license to practice osteopathic medicine and the occurrence of sentinel events arising from such surgeries, if any.

      2.  The report must include only aggregate information for statistical purposes and exclude any identifying information related to a particular person.

      (Added to NRS by 2002 Special Session, 22; A 2003, 3442; 2005, 2516; 2007, 1835; 2009, 2981; 2011, 1035, 2864)

      NRS 633.291  Regulations.  The Board shall adopt and enforce regulations necessary to enable it to carry out its duties under this chapter, including but not limited to regulations which establish the principles of medical ethics to be used as the basis for determining whether conduct which does not constitute malpractice is unethical.

      (Added to NRS by 1977, 944)

      NRS 633.301  Records; confidentiality of certain records; exceptions.

      1.  The Board shall keep a record of its proceedings relating to licensing and disciplinary actions. Except as otherwise provided in this section, the record must be open to public inspection at all reasonable times and contain the name, known place of business and residence, and the date and number of the license of every osteopathic physician and every physician assistant licensed under this chapter.

      2.  Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      3.  The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all other documents and information considered by the Board when determining whether to impose discipline are public records.

      4.  The Board shall, to the extent feasible, communicate or cooperate with or provide any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency

      (Added to NRS by 1977, 944; A 2003, 3442; 2005, 765; 2007, 1835, 2136; 2013, 2224)

LICENSING

General Provisions

      NRS 633.305  Applications: Filing; action by Board.

      1.  Every applicant for a license shall:

      (a) File an application with the Board in the manner prescribed by regulations of the Board;

      (b) Submit verified proof satisfactory to the Board that the applicant meets any age, citizenship and educational requirements prescribed by this chapter; and

      (c) Pay in advance to the Board the application and initial license fee specified in NRS 633.501.

      2.  An application filed with the Board pursuant to subsection 1 must include all information required to complete the application.

      3.  The Board may hold hearings and conduct investigations into any matter related to the application and, in addition to the proofs required by subsection 1, may take such further evidence and require such other documents or proof of qualifications as it deems proper.

      4.  The Board may reject an application if the Board has cause to believe that any credential or information submitted by the applicant is false, misleading, deceptive or fraudulent.

      (Added to NRS by 1977, 945; A 1997, 2128; 2001, 492; 2005, 2725, 2807; 2007, 1836; 2011, 1035)—(Substituted in revision for NRS 633.321)

      NRS 633.307  Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  In addition to any other requirements set forth in this chapter:

      (a) An applicant for the issuance of a license pursuant to this chapter shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a license pursuant to this chapter shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Board shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

      (b) A separate form prescribed by the Board.

      3.  A license may not be issued or renewed pursuant to this chapter by the Board if the applicant:

      (a) Fails to submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      (Added to NRS by 1997, 2126; A 2005, 2726, 2807; 2009, 1854)—(Substituted in revision for NRS 633.326)

      NRS 633.307  Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

      1.  In addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a license pursuant to this chapter shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Board shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

      (b) A separate form prescribed by the Board.

      3.  A license may not be issued or renewed pursuant to this chapter by the Board if the applicant:

      (a) Fails to submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      (Added to NRS by 1997, 2126; A 2005, 2726, 2807; 2009, 1854, 1855, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)—(Substituted in revision for NRS 633.326)

      NRS 633.309  Submission of fingerprints.  In addition to any other requirements set forth in this chapter, each applicant for a license, except a temporary or special license, must submit to the Board a complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      (Added to NRS by 2003, 1174; A 2005, 2527; 2007, 1836)—(Substituted in revision for NRS 633.328)

      NRS 633.311  Qualifications of applicants.  Except as otherwise provided in NRS 633.315, an applicant for a license to practice osteopathic medicine may be issued a license by the Board if:

      1.  The applicant is 21 years of age or older;

      2.  The applicant is a citizen of the United States or is lawfully entitled to remain and work in the United States;

      3.  The applicant is a graduate of a school of osteopathic medicine;

      4.  The applicant:

      (a) Has graduated from a school of osteopathic medicine before 1995 and has completed:

             (1) A hospital internship; or

             (2) One year of postgraduate training that complies with the standards of intern training established by the American Osteopathic Association;

      (b) Has completed 3 years, or such other length of time as required by a specific program, of postgraduate medical education as a resident in the United States or Canada in a program approved by the Board, the Bureau of Professional Education of the American Osteopathic Association or the Accreditation Council for Graduate Medical Education; or

      (c) Is a resident who is enrolled in a postgraduate training program in this State, has completed 24 months of the program and has committed, in writing, that he or she will complete the program;

      5.  The applicant applies for the license as provided by law;

      6.  The applicant passes:

      (a) All parts of the licensing examination of the National Board of Osteopathic Medical Examiners;

      (b) All parts of the licensing examination of the Federation of State Medical Boards of the United States, Inc.;

      (c) All parts of the licensing examination of the Board, a state, territory or possession of the United States, or the District of Columbia, and is certified by a specialty board of the American Osteopathic Association or by the American Board of Medical Specialties; or

      (d) A combination of the parts of the licensing examinations specified in paragraphs (a), (b) and (c) that is approved by the Board;

      7.  The applicant pays the fees provided for in this chapter; and

      8.  The applicant submits all information required to complete an application for a license.

      (Added to NRS by 1977, 945; A 1989, 598, 1483; 1991, 1073; 1997, 2127; 2001, 491; 2005, 2724, 2807; 2011, 1036)

      NRS 633.315  Effect of revocation of medical license in another jurisdiction for gross medical negligence.

      1.  The Board shall not issue a license to practice osteopathic medicine to an applicant who has been licensed to practice any type of medicine in another jurisdiction and whose license was revoked for gross medical negligence by that jurisdiction.

      2.  The Board may revoke the license of any person licensed to practice osteopathic medicine in this State if it determines that the person had a license to practice any type of medicine in another jurisdiction which was revoked for gross medical negligence by that jurisdiction.

      3.  The revocation of a license to practice any type of medicine in another jurisdiction on grounds other than grounds which would constitute revocation for gross medical negligence constitutes grounds for initiating disciplinary action or denying the issuance of a license.

      4.  For the purposes of this section, the Board shall adopt by regulation a definition of gross medical negligence.

      (Added to NRS by 1991, 1072)

      NRS 633.322  Submission of certificate of completion of progressive postgraduate training and, if applicable, proof of completion of certain postgraduate training program.  In addition to the other requirements for licensure to practice osteopathic medicine, an applicant shall cause to be submitted to the Board:

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

      2.  If applicable, proof of satisfactory completion of a postgraduate training program specified in paragraph (c) of subsection 4 of NRS 633.311 within 120 days after the scheduled completion of the program.

      (Added to NRS by 2003, 3441; A 2007, 1836; 2009, 2982)

      NRS 633.324  Submission of certain information concerning claims for malpractice, complaints and disciplinary action involving applicant.

      1.  In addition to the other requirements for licensure, an applicant for a license to practice osteopathic medicine shall submit to the Board information describing:

      (a) Any claims made against the applicant for malpractice, whether or not a civil action was filed concerning the claim;

      (b) Any complaints filed against the applicant with a licensing board of another state and any disciplinary action taken against the applicant by a licensing board of another state; and

      (c) Any complaints filed against the applicant with a hospital, clinic or medical facility or any disciplinary action taken against the applicant by a hospital, clinic or medical facility.

      2.  The Board shall not issue a license to the applicant until it has received all the information required by this section.

      (Added to NRS by 2003, 3440)

      NRS 633.331  Examinations.

      1.  Examinations may be held once a year at the time and place fixed by the Board. The Board shall notify each applicant in writing of the examinations.

      2.  The examination must be fair and impartial, practical in character, and the questions must be designed to discover the applicant’s fitness.

      3.  The Board may employ specialists and other professional consultants or examining services in conducting the examination.

      4.  Each member who is not licensed in any state to practice any healing art shall not participate in preparing, conducting or grading any examination required by the Board.

      (Added to NRS by 1977, 945, 1252; A 1987, 404; 2003, 1193; 2009, 2982)

      NRS 633.341  Reexaminations.

      1.  If an applicant fails in a first examination, the applicant may be reexamined after not less than 6 months.

      2.  If the applicant fails in a second examination, the applicant is not thereafter entitled to another examination within less than 1 year after the date of the second examination, and prior thereto he or she shall furnish proof to the Board of further postgraduate study following the second examination satisfactory to the Board.

      3.  Each applicant who fails an examination and who is permitted to be reexamined shall pay for each reexamination the reexamination fee specified in this chapter.

      4.  If an applicant does not appear for examination, for any reason deemed sufficient by the Board, the Board may refund a portion of the application and initial license fee not to exceed $100 upon the request of the applicant. An applicant is not entitled to a refund of the application and initial license fee if the applicant appears for examination.

      (Added to NRS by 1977, 945; A 2001, 492)

      NRS 633.351  Right of appeal of unsuccessful applicant.  An unsuccessful applicant may appeal to the district court to review the action of the Board, if the applicant files the appeal within 30 days after the date on which the order rejecting the application is issued by the Board. Upon appeal, the applicant has the burden of showing that the action of the Board is erroneous or unlawful.

      (Added to NRS by 1977, 945; A 2011, 1037)

      NRS 633.361  Issuance of license without examination.

      1.  Except as otherwise provided in NRS 633.315, the Board may issue a license without examination to a person:

      (a) Who has completed a hospital internship and is licensed in any country, state, territory or province to practice osteopathic medicine, if the licensing requirements of that country, state, territory or province at the time the license was issued are deemed by the Board to be practically equivalent to the licensing requirements in force in this State at that time.

      (b) Who is a graduate of a school of osteopathic medicine, has completed a hospital internship and passed an examination for admission into the medical corps of any of the Armed Forces of the United States or the United States Public Health Service or who possesses a certificate from the National Board of Examiners for Osteopathic Physicians and Surgeons.

      2.  Any person applying for a license under the provisions of subsection 1 shall:

      (a) Furnish to the Board such proof of qualifications and pass an oral examination as the Board may require; and

      (b) Pay in advance to the Board the application and initial license fee specified in this chapter.

      (Added to NRS by 1977, 946; A 1991, 1073; 2001, 493)

      NRS 633.3615  License to practice osteopathic medicine to bear seal and signatures of Board’s officers; authority to practice osteopathic medicine.  Each license to practice osteopathic medicine issued by the Board:

      1.  Shall bear a seal adopted by the Board and the signatures of its President and Secretary; and

      2.  Authorizes the holder to practice osteopathic medicine so long as it is kept in force by appropriate renewal and is not revoked or suspended.

      (Added to NRS by 1977, 947; A 2007, 1837)—(Substituted in revision for NRS 633.421)

      NRS 633.3617  Nondisciplinary condition, limitation or restriction placed on license by Board.

      1.  The Board may place any condition, limitation or restriction on any license issued pursuant to this chapter if the Board determines that such action is necessary to protect the public health, safety or welfare.

      2.  The Board shall not report any condition, limitation or restriction placed on a license pursuant to this section to the National Practitioner Data Bank unless the licensee fails to comply with the condition, limitation or restriction placed on the license. The Board may, upon request, report any such information to an agency of another state which regulates the practice of osteopathic medicine in that State.

      3.  The Board may modify any condition, limitation or restriction placed on a license pursuant to this section if the Board determines that the modification is necessary to protect the public health, safety or welfare.

      4.  Any condition, limitation or restriction placed on a license pursuant to this section is not a disciplinary action pursuant to NRS 633.651.

      (Added to NRS by 2011, 1033)

      NRS 633.3619  Board prohibited from issuing or renewing license unless applicant attests to certain information related to safe and appropriate injection practices.  The Board shall not issue or renew a license to practice osteopathic medicine or as a physician assistant unless the applicant for issuance or renewal of the license attests to knowledge of and compliance with the guidelines of the Centers for Disease Control and Prevention concerning the prevention of transmission of infectious agents through safe and appropriate injection practices.

      (Added to NRS by 2011, 2055)

      NRS 633.371  Display of license to practice osteopathic medicine.  Every license to practice osteopathic medicine must be displayed in the office or place of business or employment of its holder.

      (Added to NRS by 1977, 946; A 1979, 156, 958; 2007, 1836)

Special Categories

      NRS 633.381  Licenses issued before July 1, 1977, remain effective.  All valid licenses to practice osteopathic medicine issued prior to July 1, 1977, remain in full effect but are subject to the provisions of this chapter.

      (Added to NRS by 1977, 946)

      NRS 633.391  Temporary license to practice osteopathic medicine.

      1.  The Board may issue to a qualified person a temporary license to practice osteopathic medicine in this State which authorizes the person to serve as a substitute for a physician licensed pursuant to chapter 630 of NRS or an osteopathic physician licensed pursuant to this chapter who is absent from his or her practice.

      2.  Each applicant for a temporary license issued pursuant to this section must pay the temporary license fee specified in this chapter.

      3.  A temporary license to practice osteopathic medicine is valid for not more than 6 months after issuance and is not renewable. Upon the expiration of a temporary license, an osteopathic physician may apply for a new temporary license in accordance with the provisions of this section.

      (Added to NRS by 1977, 946; A 2007, 1836; 2011, 1037)

      NRS 633.400  License by endorsement for person with license to practice osteopathic medicine from District of Columbia or any state or territory of United States.

      1.  Except as otherwise provided in NRS 633.315, the Board shall, except for good cause, issue a license by endorsement to a person who has been issued a license to practice osteopathic medicine by the District of Columbia or any state or territory of the United States if:

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

      (b) The applicant:

             (1) Is currently certified by either a specialty board of the American Board of Medical Specialties or a specialty board of the American Osteopathic Association, or was certified or recertified within the past 10 years;

             (2) Has had no adverse actions reported to the National Practitioner Data Bank within the past 5 years;

             (3) Has been continuously and actively engaged in the practice of osteopathic medicine within his or her specialty for the past 5 years;

             (4) Is not involved in and does not have pending any disciplinary action concerning a license to practice osteopathic medicine in the District of Columbia or any state or territory of the United States;

             (5) Provides information on all the medical malpractice claims brought against him or her, without regard to when the claims were filed or how the claims were resolved; and

             (6) Meets all statutory requirements to obtain a license to practice osteopathic medicine in this State except that the applicant is not required to meet the requirements set forth in NRS 633.311.

      2.  Any person applying for a license pursuant to this section shall pay in advance to the Board the application and initial license fee specified in this chapter.

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

      (Added to NRS by 2007, 1830; A 2011, 1037, 1050, 1344)

      NRS 633.401  Special licenses to practice osteopathic medicine: Physician from adjoining state; resident enrolled in postgraduate training program; specified purposes.

      1.  Except as otherwise provided in NRS 633.315, the Board may issue a special license to practice osteopathic medicine:

      (a) To authorize a person who is licensed to practice osteopathic medicine in an adjoining state to come into Nevada to care for or assist in the treatment of his or her patients in association with an osteopathic physician in this State who has primary care of the patients.

      (b) To a resident while the resident is enrolled in a postgraduate training program required pursuant to the provisions of paragraph (c) of subsection 4 of NRS 633.311.

      (c) Other than a license issued pursuant to NRS 633.419, for a specified period and for specified purposes to a person who is licensed to practice osteopathic medicine in another jurisdiction.

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

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

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

      (c) Be certified by a specialty board of the American Board of Medical Specialties, the American Osteopathic Association or their successors.

      3.  A special license issued under this section may be renewed by the Board upon application of the licensee.

      4.  Every person who applies for or renews a special license under this section shall pay respectively the special license fee or special license renewal fee specified in this chapter.

      (Added to NRS by 1977, 946; A 1989, 1484; 1991, 1073; 2001, 493; 2007, 1836; 2009, 1108, 2982)

      NRS 633.411  Special licenses to practice osteopathic medicine: Resident medical officer; professional employee of State or United States.

      1.  Except as otherwise provided in NRS 633.315, the Board may issue a special license to practice osteopathic medicine to a person qualified under this section to authorize the person to serve:

      (a) As a resident medical officer in any hospital in Nevada. A person issued such a license shall practice osteopathic medicine only within the confines of the hospital specified in the license and under the supervision of the regular medical staff of that hospital.

      (b) As a professional employee of the State of Nevada or of the United States. A person issued such a license shall practice osteopathic medicine only within the scope of his or her employment and under the supervision of the appropriate state or federal medical agency.

      2.  An applicant for a special license under this section must:

      (a) Be a graduate of a school of osteopathic medicine.

      (b) Pay the special license fee specified in this chapter.

      3.  The Board shall not issue a license under subsection 1 unless it has received a letter from a hospital in Nevada or from the appropriate state or federal medical agency requesting issuance of the special license to the applicant.

      4.  A special license issued under this section:

      (a) Must be issued at a meeting of the Board or between its meetings by its President and Secretary subject to approval at the next meeting of the Board.

      (b) Is valid for a period not exceeding 1 year, as determined by the Board.

      (c) May be renewed by the Board upon application and payment by the licensee of the special license renewal fee specified in this chapter.

      (d) Does not entitle the licensee to engage in the private practice of osteopathic medicine.

      5.  The issuance of a special license under this section does not obligate the Board to grant any regular license to practice osteopathic medicine.

      (Added to NRS by 1977, 947; A 1991, 1074; 2007, 1837; 2009, 2983)

      NRS 633.415  Special licenses to practice osteopathic medicine: Graduate of foreign school who intends to teach, research or practice clinical osteopathic medicine in this State; specified purposes.

      1.  Except as otherwise provided in NRS 633.315, the Board may issue a special license to teach, research or practice osteopathic medicine to a person if:

      (a) The person:

             (1) Submits to the Board:

                   (I) Proof that the person is a graduate of a foreign school which teaches osteopathic medicine;

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

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

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

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

      2.  A person who applies for a special license pursuant to this section is not required to take or pass a written examination concerning his or her qualifications to practice osteopathic medicine.

      3.  A person who holds a special license issued pursuant to this section may practice osteopathic medicine in this State only in accordance with the terms and restrictions established by the Board.

      4.  If a person who holds a special license issued pursuant to this section ceases to teach, research or practice osteopathic medicine in this State at the medical facility, medical research facility or school of osteopathic medicine where the person is employed:

      (a) The medical facility, medical research facility or school of osteopathic medicine, as applicable, shall notify the Board; and

      (b) Upon receipt of such notification, the special license expires automatically.

      5.  The Board may renew or modify a special license issued pursuant to this section, unless the special license has expired automatically or has been revoked.

      6.  The provisions of this section do not limit the authority of the Board to issue a special license to an applicant in accordance with any other provision of this chapter.

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

      (Added to NRS by 2007, 1830; A 2013, 2018)

      NRS 633.416  Special volunteer license to practice osteopathic medicine.

      1.  An osteopathic physician who is retired from active practice and who:

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

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

Ê may obtain a special volunteer license to practice osteopathic medicine by submitting an application to the Board pursuant to this section.

      2.  An application for a special volunteer license to practice osteopathic medicine must be on a form provided by the Board and must include:

      (a) Documentation of the history of medical practice of the osteopathic physician;

      (b) Proof that the osteopathic physician previously has been issued an unrestricted license to practice osteopathic medicine in any state of the United States and that the osteopathic physician has never been the subject of disciplinary action by a medical board in any jurisdiction;

      (c) Proof that the osteopathic physician satisfies the requirements for licensure set forth in NRS 633.311 or the requirements for licensure by endorsement set forth in NRS 633.400;

      (d) Acknowledgment that the practice of the osteopathic physician under the special volunteer license to practice osteopathic medicine will be exclusively devoted to providing medical care:

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

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

      (e) Acknowledgment that the osteopathic physician will not receive any payment or compensation, either direct or indirect, or have the expectation of any payment or compensation, for providing medical care under the special volunteer license to practice osteopathic medicine, except for payment by a medical facility at which the osteopathic physician provides volunteer medical services of the expenses of the osteopathic physician for necessary travel, continuing education, malpractice insurance or fees of the State Board of Pharmacy.

      3.  If the Board finds that the application of an osteopathic physician satisfies the requirements of subsection 2 and that the retired osteopathic physician is competent to practice osteopathic medicine, the Board shall issue a special volunteer license to practice osteopathic medicine to the osteopathic physician.

      4.  The initial special volunteer license to practice osteopathic medicine issued pursuant to this section expires 1 year after the date of issuance. The license may be renewed pursuant to this section, and any license that is renewed expires 2 years after the date of issuance.

      5.  The Board shall not charge a fee for:

      (a) The review of an application for a special volunteer license to practice osteopathic medicine; or

      (b) The issuance or renewal of a special volunteer license to practice osteopathic medicine pursuant to this section.

      6.  An osteopathic physician who is issued a special volunteer license to practice osteopathic medicine pursuant to this section and who accepts the privilege of practicing osteopathic medicine in this State pursuant to the provisions of the special volunteer license to practice osteopathic medicine is subject to all the provisions governing disciplinary action set forth in this chapter.

      7.  An osteopathic physician who is issued a special volunteer license to practice osteopathic medicine pursuant to this section shall comply with the requirements for continuing education adopted by the Board.

      (Added to NRS by 2009, 2976)

      NRS 633.417  Authorized facility license to practice osteopathic medicine as psychiatrist in certain mental health centers.

      1.  Except as otherwise provided in NRS 633.315, the Board may issue an authorized facility license to a person who intends to practice osteopathic medicine in this State as a psychiatrist in a mental health center of the Division under the direct supervision of a psychiatrist who holds an unrestricted license to practice osteopathic medicine pursuant to this chapter or to practice medicine pursuant to chapter 630 of NRS.

      2.  A person who applies for an authorized facility license pursuant to this section is not required to take or pass a written examination as to his or her qualifications to practice osteopathic medicine, but the person must meet all conditions and requirements for an unrestricted license to practice osteopathic medicine pursuant to this chapter.

      3.  If the Board issues an authorized facility license pursuant to this section, the person who holds the license may practice osteopathic medicine in this State only as a psychiatrist in a mental health center of the Division and only under the direct supervision of a psychiatrist who holds an unrestricted license to practice osteopathic medicine pursuant to this chapter or to practice medicine pursuant to chapter 630 of NRS.

      4.  If a person who holds an authorized facility license issued pursuant to this section ceases to practice osteopathic medicine in this State as a psychiatrist in a mental health center of the Division:

      (a) The Division shall notify the Board; and

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

      5.  The Board may renew or modify an authorized facility license issued pursuant to this section, unless the license has expired automatically or has been revoked.

      6.  The provisions of this section do not limit the authority of the Board to issue a license to an applicant in accordance with any other provision of this chapter.

      7.  As used in this section:

      (a) “Division” means the Division of Public and Behavioral Health of the Department of Health and Human Services.

      (b) “Mental health center” has the meaning ascribed to it in NRS 433.144.

      (Added to NRS by 2009, 2977; A 2013, 3067)

      NRS 633.418  Authorized facility license to practice as osteopathic physician in institution of Department of Corrections.

      1.  Except as otherwise provided in NRS 633.315, the Board may issue an authorized facility license to a person who intends to practice osteopathic medicine in this State as an osteopathic physician in an institution of the Department of Corrections under the direct supervision of an osteopathic physician who holds an unrestricted license to practice osteopathic medicine pursuant to this chapter or to practice medicine pursuant to chapter 630 of NRS.

      2.  A person who applies for an authorized facility license pursuant to this section is not required to take or pass a written examination as to his or her qualifications to practice osteopathic medicine, but the person must meet all conditions and requirements for an unrestricted license to practice osteopathic medicine pursuant to this chapter.

      3.  If the Board issues an authorized facility license pursuant to this section, the person who holds the license may practice osteopathic medicine in this State only as an osteopathic physician in an institution of the Department of Corrections and only under the direct supervision of an osteopathic physician who holds an unrestricted license to practice osteopathic medicine pursuant to this chapter or to practice medicine pursuant to chapter 630 of NRS.

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

      (a) The Department shall notify the Board; and

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

      5.  The Board may renew or modify an authorized facility license issued pursuant to this section, unless the license has expired automatically or has been revoked.

      6.  The provisions of this section do not limit the authority of the Board to issue a license to an applicant in accordance with any other provision of this chapter.

      (Added to NRS by 2009, 2977)

      NRS 633.419  Special event license to demonstrate medical techniques and procedures; regulations.

      1.  Except as otherwise provided in NRS 633.315, the Board may issue a special event license to a person licensed to practice osteopathic medicine in another state to conduct demonstrations of medical techniques and procedures at a special event in this State.

      2.  A person licensed to practice osteopathic medicine in another state who applies for a special event license pursuant to this section:

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

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

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

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

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

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

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

             (1) Members of an osteopathic medical society or other osteopathic medical organization;

             (2) Persons who are attending an osteopathic medical convention;

             (3) Students or faculty members of a school of osteopathic medicine; or

             (4) Osteopathic physicians; and

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

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

             (2) An osteopathic medical convention;

             (3) A school of osteopathic medicine; or

             (4) A licensed hospital.

      (Added to NRS by 2009, 1107)

Physician Assistants and Supervising Osteopathic Physicians

      NRS 633.432  Physician assistants: Authorized services.

      1.  A physician assistant may perform such medical services as:

      (a) The physician assistant is authorized to perform by his or her supervising osteopathic physician; and

      (b) Are within the supervising osteopathic physician’s scope of practice.

      2.  The Board and supervising osteopathic physician shall limit the authority of a physician assistant to prescribe controlled substances to those schedules of controlled substances that the supervising osteopathic physician is authorized to prescribe pursuant to state and federal law.

      (Added to NRS by 2007, 1831)

      NRS 633.433  Physician assistants: Issuance and conditions of license.  The Board may issue a license as a physician assistant to an applicant who is qualified under the regulations of the Board to perform medical services under the supervision of a supervising osteopathic physician. The application for a license as a physician assistant must include all information required to complete the application.

      (Added to NRS by 2007, 1831)

      NRS 633.434  Physician assistants: Board to adopt regulations concerning licensure.  The Board shall adopt regulations regarding the licensure of a physician assistant, including, without limitation:

      1.  The educational and other qualifications of applicants.

      2.  The required academic program for applicants.

      3.  The procedures for applications for and the issuance of licenses.

      4.  The tests or examinations of applicants by the Board.

      5.  The medical services which a physician assistant may perform, except that a physician assistant may not perform osteopathic manipulative therapy or those specific functions and duties delegated or restricted by law to persons licensed as dentists, chiropractors, doctors of Oriental medicine, podiatric physicians, optometrists and hearing aid specialists under chapters 631, 634, 634A, 635, 636 and 637A, respectively, of NRS.

      6.  The grounds and procedures respecting disciplinary actions against physician assistants.

      7.  The supervision of medical services of a physician assistant by a supervising osteopathic physician.

      (Added to NRS by 2007, 1832; A 2011, 1038)

      NRS 633.442  Physician assistants: Display of license.

      1.  A physician assistant shall:

      (a) Keep his or her license available for inspection at his or her primary place of business; and

      (b) When engaged in professional duties, identify himself or herself as a physician assistant.

      2.  A physician assistant shall not bill a patient separately from his or her supervising osteopathic physician.

      (Added to NRS by 2007, 1832)

      NRS 633.452  Physician assistants: Rendering of emergency care.

      1.  A physician assistant licensed under the provisions of this chapter who is responding to a need for medical care created by an emergency or disaster, as declared by an applicable governmental entity, may render emergency care that is directly related to the emergency or disaster without the supervision of an osteopathic physician, as required by this chapter. The provisions of this subsection apply only for the duration of the emergency or disaster.

      2.  An osteopathic physician who supervises a physician assistant who is rendering emergency care that is directly related to an emergency or disaster, as described in subsection 1, shall not be required to meet the requirements set forth in this chapter for such supervision.

      (Added to NRS by 2007, 1833)

      NRS 633.466  Physician assistants: Supervision by physician.

      1.  A physician assistant may be supervised by a physician licensed to practice medicine in this State pursuant to chapter 630 of NRS in place of his or her supervising osteopathic physician if:

      (a) The physician assistant works in a geographical area where the physician assistant can be conveniently supervised only by such a physician; and

      (b) The supervising osteopathic physician and the physician licensed pursuant to chapter 630 of NRS agree to the arrangement.

      2.  A physician assistant so supervised is not a physician assistant for the purposes of chapter 630 of NRS solely because of that supervision.

      3.  The State Board of Osteopathic Medicine shall adopt jointly with the Board of Medical Examiners regulations necessary to administer the provisions of this section.

      (Added to NRS by 1981, 574; A 2007, 1837)

      NRS 633.467  Persons prohibited from acting as supervising osteopathic physician.  An osteopathic physician who does not normally provide care to patients may not be a supervising osteopathic physician.

      (Added to NRS by 2007, 1832)

      NRS 633.468  Supervising osteopathic physicians: Right to refuse to act as supervising osteopathic physician; certain agreements void.

      1.  An osteopathic physician may at any time refuse to act as a supervising osteopathic physician for a physician assistant.

      2.  A condition, stipulation or provision in a contract or other agreement which:

      (a) Requires an osteopathic physician to act as a supervising osteopathic physician for a physician assistant;

      (b) Penalizes an osteopathic physician for refusing to act as a supervising osteopathic physician for a physician assistant; or

      (c) Limits a supervising osteopathic physician’s authority with regard to any protocol, standing order or delegation of authority applicable to a physician assistant supervised by the osteopathic physician,

Ê is against public policy and is void.

      (Added to NRS by 2007, 1832)

      NRS 633.469  Supervising osteopathic physicians: Requirements of supervision.

      1.  A supervising osteopathic physician shall provide supervision to his or her physician assistant continuously whenever the physician assistant is performing his or her professional duties.

      2.  Except as otherwise provided in subsection 3, a supervising osteopathic physician may provide supervision to his or her physician assistant in person, electronically, telephonically or by fiber optics. When providing supervision electronically, telephonically or by fiber optics, a supervising osteopathic physician may be at a different site than the physician assistant, including a site located within or outside this State or the United States.

      3.  A supervising osteopathic physician shall provide supervision to his or her physician assistant in person at all times during the first 30 days that the supervising osteopathic physician supervises the physician assistant. The provisions of this subsection do not apply to a federally qualified health center.

      4.  Before beginning to supervise a physician assistant, a supervising osteopathic physician must communicate to the physician assistant:

      (a) The scope of practice of the physician assistant;

      (b) The access to the supervising osteopathic physician that the physician assistant will have; and

      (c) Any processes for evaluation that the supervising osteopathic physician will use to evaluate the physician assistant.

      5.  A supervising osteopathic physician shall not delegate to his or her physician assistant, and the physician assistant shall not accept, a task that is beyond the physician assistant’s capability to complete safely.

      6.  As used in this section, “federally qualified health center” has the meaning ascribed to it in 42 U.S.C. § 1396d(l)(2)(B).

      (Added to NRS by 2007, 1832; A 2013, 2019)

Renewal

      NRS 633.471  Prerequisites; notice to licensee; evidence of continuing medical education; exemption from fee.

      1.  Except as otherwise provided in subsection 6 and NRS 633.491, every holder of a license issued under this chapter, except a temporary or a special license, may renew the license on or before January 1 of each calendar year after its issuance by:

      (a) Applying for renewal on forms provided by the Board;

      (b) Paying the annual license renewal fee specified in this chapter;

      (c) Submitting a list of all actions filed or claims submitted to arbitration or mediation for malpractice or negligence against the holder during the previous year;

      (d) Submitting an affidavit to the Board that in the year preceding the application for renewal the holder has attended courses or programs of continuing education approved by the Board totaling a number of hours established by the Board which must not be less than 35 hours nor more than that set in the requirements for continuing medical education of the American Osteopathic Association; and

      (e) Submitting all information required to complete the renewal.

      2.  The Secretary of the Board shall notify each licensee of the requirements for renewal not less than 30 days before the date of renewal.

      3.  The Board shall request submission of verified evidence of completion of the required number of hours of continuing medical education annually from no fewer than one-third of the applicants for renewal of a license to practice osteopathic medicine or a license to practice as a physician assistant. Upon a request from the Board, an applicant for renewal of a license to practice osteopathic medicine or a license to practice as a physician assistant shall submit verified evidence satisfactory to the Board that in the year preceding the application for renewal the applicant attended courses or programs of continuing medical education approved by the Board totaling the number of hours established by the Board.

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

      5.  The Board shall require, as part of the continuing education requirements approved by the Board, the biennial completion by a holder of a license to practice osteopathic medicine of at least 2 hours of continuing education credits in ethics, pain management or addiction care.

      6.  Members of the Armed Forces of the United States and the United States Public Health Service are exempt from payment of the annual license renewal fee during their active duty status.

      (Added to NRS by 1977, 948; A 1983, 958; 1987, 404; 1997, 2128; 2002 Special Session, 23; 2005, 262, 2727, 2807; 2007, 1838; 2011, 1038, 2037; 2013, 1569)

      NRS 633.481  Expiration of license for failure to renew; waiver of requirements for continuing education; restoration of license.

      1.  Except as otherwise provided in subsection 2, if a licensee fails to comply with the requirements of NRS 633.471 within 10 days after the renewal date, the Board shall give 15 days’ notice of the failure to renew the license and of the expiration of the license by certified mail to the licensee at the licensee’s last known address that is registered with the Board. If the license is not renewed within 15 days after receiving notice, the license expires automatically without any further notice or a hearing and the Board shall file a copy of the notice with the Drug Enforcement Administration of the United States Department of Justice or its successor agency.

      2.  A licensee who fails to meet the continuing education requirements for license renewal may apply to the Board for a waiver of the requirements. The Board may grant a waiver for that year only if the Board finds that the failure is due to a disability, military service, absence from the United States, or circumstances beyond the control of the licensee which are deemed by the Board to excuse the failure.

      3.  A person whose license has expired under this section may apply to the Board for restoration of the license upon:

      (a) Payment of all past due renewal fees and the late payment fee specified in NRS 633.501;

      (b) Producing verified evidence satisfactory to the Board of completion of the total number of hours of continuing education required for the year preceding the renewal date and for each year succeeding the date of expiration;

      (c) Stating under oath in writing that he or she has not withheld information from the Board which if disclosed would constitute grounds for disciplinary action under this chapter; and

      (d) Submitting any other information that is required by the Board to restore the license.

      (Added to NRS by 1977, 948; A 1981, 1133; 1997, 2129; 2005, 2727, 2807; 2007, 1839; 2011, 1039)

      NRS 633.491  Retired licensees; inactive status; procedure to restore active status.

      1.  A licensee who retires from practice is not required annually to renew his or her license after filing with the Board an affidavit stating the date on which he or she retired from practice and any other evidence that the Board may require to verify the retirement.

      2.  An osteopathic physician or physician assistant who retires from practice and who desires to return to practice may apply to renew his or her license by paying all back annual license renewal fees from the date of retirement and submitting verified evidence satisfactory to the Board that the licensee has attended continuing education courses or programs approved by the Board which total:

      (a) Twenty-five hours if the licensee has been retired 1 year or less.

      (b) Fifty hours within 12 months of the date of the application if the licensee has been retired for more than 1 year.

      3.  A licensee who wishes to have a license placed on inactive status must provide the Board with an affidavit stating the date on which the licensee will cease the practice of osteopathic medicine or cease to practice as a physician assistant in Nevada and any other evidence that the Board may require. The Board shall place the license of the licensee on inactive status upon receipt of:

      (a) The affidavit required pursuant to this subsection; and

      (b) Payment of the inactive license fee prescribed by NRS 633.501.

      4.  An osteopathic physician or physician assistant whose license has been placed on inactive status:

      (a) Is not required to annually renew the license.

      (b) Shall annually pay the inactive license fee prescribed by NRS 633.501.

      (c) Shall not practice osteopathic medicine or practice as a physician assistant in this State.

      5.  An osteopathic physician or physician assistant whose license is on inactive status and who wishes to renew his or her license to practice osteopathic medicine or license to practice as a physician assistant must:

      (a) Provide to the Board verified evidence satisfactory to the Board of completion of the total number of hours of continuing medical education required for:

             (1) The year preceding the date of the application for renewal of the license; and

             (2) Each year after the date the license was placed on inactive status.

      (b) Provide to the Board an affidavit stating that the applicant has not withheld from the Board any information which would constitute grounds for disciplinary action pursuant to this chapter.

      (c) Comply with all other requirements for renewal.

      (Added to NRS by 1977, 949; A 2005, 263; 2007, 1839; 2011, 1039)

Fees

      NRS 633.501  Fees; costs of special meetings.

      1.  Except as otherwise provided in subsection 2, the Board shall charge and collect fees not to exceed the following amounts:

      (a) Application and initial license fee for an osteopathic physician................ $800

      (b) Annual license renewal fee for an osteopathic physician.............................. 500

      (c) Temporary license fee........................................................................................... 500

      (d) Special or authorized facility license fee........................................................... 200

      (e) Special event license fee....................................................................................... 200

      (f) Special or authorized facility license renewal fee............................................. 200

      (g) Reexamination fee................................................................................................ 200

      (h) Late payment fee.................................................................................................. 300

      (i) Application and initial license fee for a physician assistant........................... 400

      (j) Annual license renewal fee for a physician assistant....................................... 400

      (k) Inactive license fee................................................................................................ 200

      2.  The Board may prorate the initial license fee for a new license issued pursuant to paragraph (a) or (i) of subsection 1 which expires less than 6 months after the date of issuance.

      3.  The cost of any special meeting called at the request of a licensee, an institution, an organization, a state agency or an applicant for licensure must be paid by the person or entity requesting the special meeting. Such a special meeting must not be called until the person or entity requesting the meeting has paid a cash deposit with the Board sufficient to defray all expenses of the meeting.

      (Added to NRS by 1977, 949; A 1983, 958; 1987, 404; 2001, 493; 2005, 263; 2007, 1840; 2009, 1108, 2983; 2011, 1040)

EMPLOYEES

      NRS 633.505  Osteopathic physician prohibited from retaliating or discriminating against certain persons for reporting or participating in investigation or proceeding relating to sentinel event or conduct of osteopathic physician or other persons or refusing to engage in unlawful conduct; restriction of right prohibited.

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

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

             (1) Reports to the State Board of Osteopathic Medicine information relating to the conduct of the osteopathic physician which may constitute grounds for initiating disciplinary action against the osteopathic physician or which otherwise raises a reasonable question regarding the competence of the osteopathic physician to practice medicine with reasonable skill and safety to patients; or

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

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

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

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

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

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

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

      (c) An employee of the osteopathic physician, a person acting on behalf of the employee or a registered nurse, licensed practical nurse, nursing assistant or medication aide - certified who is employed by or contracts to provide nursing services for the osteopathic physician and who cooperates or otherwise participates in an investigation or proceeding conducted by the State Board of Osteopathic Medicine or another governmental entity relating to conduct described in paragraph (a) or (b).

      2.  An osteopathic physician or any agent or employee thereof shall not retaliate or discriminate unfairly against an employee of the osteopathic physician or a registered nurse, licensed practical nurse, nursing assistant or medication aide - certified who is employed by or contracts to provide nursing services for the osteopathic physician because the employee, registered nurse, licensed practical nurse, nursing assistant or medication aide - certified has taken an action described in subsection 1.

      3.  An osteopathic physician or any agent or employee thereof shall not prohibit, restrict or attempt to prohibit or restrict by contract, policy, procedure or any other manner the right of an employee of the osteopathic physician or a registered nurse, licensed practical nurse, nursing assistant or medication aide - certified who is employed by or contracts to provide nursing services for the osteopathic physician to take an action described in subsection 1.

      4.  As used in this section:

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

      (b) “Retaliate or discriminate”:

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

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

                   (II) Frequent or undesirable transfers or reassignments;

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

                   (IV) A demotion;

                   (V) A reduction in pay;

                   (VI) The denial of a promotion;

                   (VII) A suspension;

                   (VIII) A dismissal;

                   (IX) A transfer; or

                   (X) Frequent changes in working hours or workdays.

             (2) Does not include an action described in sub-subparagraphs (I) to (X), inclusive, of subparagraph (1) if the action is taken in the normal course of employment or as a form of discipline.

      (Added to NRS by 2002 Special Session, 21; A 2003, 325; 2009, 1424; 2011, 1333)

      NRS 633.507  Legal remedy for certain retaliation or discrimination: Filing of action; damages; interest; equitable relief; rebuttable presumption in certain circumstances; civil penalty; limitation of action.

      1.  An employee of an osteopathic physician or a registered nurse, licensed practical nurse, nursing assistant or medication aide - certified who is employed by or contracts to provide nursing services for the osteopathic physician and who believes that he or she has been retaliated or discriminated against in violation of NRS 633.505 may file an action in a court of competent jurisdiction.

      2.  If a court determines that a violation of NRS 633.505 has occurred, the court may award such damages as it determines to have resulted from the violation, including, without limitation:

      (a) Compensatory damages;

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

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

      (d) Punitive damages, if the facts warrant.

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

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

      5.  If any action to retaliate or discriminate is taken against an employee, registered nurse, licensed practical nurse, nursing assistant or medication aide - certified within 60 days after the employee, registered nurse, licensed practical nurse, nursing assistant or medication aide - certified takes any action described in subsection 1 of NRS 633.505, there is a rebuttable presumption that the action taken against the employee, registered nurse, licensed practical nurse, nursing assistant or medication aide - certified constitutes retaliation or discrimination in violation of NRS 633.505.

      6.  An osteopathic physician or any agent or employee thereof that violates the provisions of NRS 633.505 is subject to a civil penalty of not more than $10,000 for each violation. The Attorney General or any district attorney of this State may recover the penalty in a civil action brought in the name of the State of Nevada in any court of competent jurisdiction.

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

      8.  As used in this section, “retaliate or discriminate” has the meaning ascribed to it in NRS 633.505.

      (Added to NRS by 2002 Special Session, 22; A 2003, 325; 2009, 1426; 2011, 1335)

REGULATION AND DISCIPLINE

General Provisions

      NRS 633.509  Jurisdiction of Board over licensee unaffected by expiration or voluntary surrender of license.  The expiration of a license by operation of law or by order or decision of the Board or a court, or the voluntary surrender of a license by a licensee, does not deprive the Board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.

      (Added to NRS by 2003, 3441)

      NRS 633.510  Authority of Board or investigative committee to issue letter of warning, letter of concern or nonpunitive admonishment.

      1.  If the Board has reason to believe that a person has violated or is violating any provision of this chapter, the Board or any investigative committee of the Board may issue to the person a letter of warning, a letter of concern or a nonpunitive admonishment at any time before the Board initiates any disciplinary proceedings against the person.

      2.  The issuance of such a letter or admonishment:

      (a) Does not preclude the Board from initiating any disciplinary proceedings against the person or taking any disciplinary action against the person based on any conduct alleged or described in the letter or admonishment or any other conduct; and

      (b) Does not constitute a final decision of the Board and is not subject to judicial review.

      (Added to NRS by 2009, 2978; A 2009, 2998)

      NRS 633.511  Grounds for initiating disciplinary action.  The grounds for initiating disciplinary action pursuant to this chapter are:

      1.  Unprofessional conduct.

      2.  Conviction of:

      (a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

      (b) A felony relating to the practice of osteopathic medicine or practice as a physician assistant;

      (c) A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;

      (d) Murder, voluntary manslaughter or mayhem;

      (e) Any felony involving the use of a firearm or other deadly weapon;

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

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

      (h) Abuse or neglect of a child or contributory delinquency; or

      (i) Any offense involving moral turpitude.

      3.  The suspension of a license to practice osteopathic medicine or to practice as a physician assistant by any other jurisdiction.

      4.  Malpractice or gross malpractice, which may be evidenced by a claim of malpractice settled against a licensee.

      5.  Professional incompetence.

      6.  Failure to comply with the requirements of NRS 633.527.

      7.  Failure to comply with the requirements of subsection 3 of NRS 633.471.

      8.  Failure to comply with the provisions of NRS 633.694.

      9.  Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

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

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

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

      10.  Failure to comply with the provisions of subsection 2 of NRS 633.322.

      11.  Signing a blank prescription form.

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

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

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

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

      13.  Attempting, directly or indirectly, by intimidation, coercion or deception, to obtain or retain a patient or to discourage the use of a second opinion.

      14.  Terminating the medical care of a patient without adequate notice or without making other arrangements for the continued care of the patient.

      15.  In addition to the provisions of subsection 3 of NRS 633.524, making or filing a report which the licensee knows to be false, failing to file a record or report that is required by law or willfully obstructing or inducing another to obstruct the making or filing of such a record or report.

      16.  Failure to report any person the licensee knows, or has reason to know, is in violation of the provisions of this chapter or the regulations of the Board within 30 days after the date the licensee knows or has reason to know of the violation.

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

      18.  Engaging in any act that is unsafe in accordance with regulations adopted by the Board.

      19.  Failure to comply with the provisions of NRS 633.165.

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

      (Added to NRS by 1977, 949; A 1981, 594; 1987, 1559; 1991, 1074; 1993, 786; 2002 Special Session, 24; 2003, 2710, 3442; 2005, 264, 2528; 2009, 536, 885, 2983, 2984; 2011, 261, 851, 1041, 2613)

      NRS 633.512  Inspection of premises by Board.  Any member or agent of the Board may enter any premises in this State where a person who holds a license issued pursuant to the provisions of this chapter practices osteopathic medicine or as a physician assistant and inspect it to determine whether a violation of any provision of this chapter has occurred, including, without limitation, an inspection to determine whether any person at the premises is practicing osteopathic medicine or as a physician assistant without the appropriate license issued pursuant to the provisions of this chapter.

      (Added to NRS by 2013, 2224)

      NRS 633.521  Prescribing or administering certain drugs or controlled substances or engaging in activity relating to medical use of marijuana not grounds for disciplinary action under certain circumstances.  An osteopathic physician is not subject to disciplinary action solely for:

      1.  Prescribing or administering to a patient under his or her care:

      (a) Amygdalin (laetrile), if the patient has consented to the use of the substance.

      (b) Procaine hydrochloride with preservatives and stabilizers (Gerovital H3).

      (c) A controlled substance which is listed in schedule II, III, IV or V by the State Board of Pharmacy pursuant to NRS 453.146, if the controlled substance is lawfully prescribed or administered for the treatment of intractable pain in accordance with accepted standards for the practice of osteopathic medicine.

      2.  Engaging in any activity in accordance with the provisions of chapter 453A of NRS.

      (Added to NRS by 1977, 1647; A 1983, 337; 1995, 1734; 2003, 1435)

      NRS 633.522  Authority of Board to adopt regulations governing supervision of medical assistants.  The Board may adopt regulations governing the supervision of a medical assistant, including, without limitation, regulations which prescribe limitations on the possession and administration of a dangerous drug by a medical assistant.

      (Added to NRS by 2011, 2613)

Reports, Complaints, Investigations and Preliminary Proceedings

      NRS 633.524  Osteopathic physician required to report certain information concerning surgeries and sentinel events; effect of failure to report; duties of Board; confidentiality of report; applicability.

      1.  The Board shall require each holder of a license to practice osteopathic medicine issued pursuant to this chapter to submit to the Board, on a form provided by the Board, and in the format required by the Board by regulation, a report stating the number and type of surgeries requiring conscious sedation, deep sedation or general anesthesia performed by the holder of the license at his or her office or any other facility, excluding any surgical care performed:

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

      (b) Outside of this State.

      2.  In addition to the report required pursuant to subsection 1, the Board shall require each holder of a license to practice osteopathic medicine to submit a report to the Board concerning the occurrence of any sentinel event arising from any surgery described in subsection 1. The report must be submitted in the manner prescribed by the Board which must be substantially similar to the manner prescribed by the State Board of Health for reporting information pursuant to NRS 439.835.

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

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

      (b) Whether or not the holder of the license performed any surgery described in subsection 1. Failure to submit a report or knowingly filing false information in a report constitutes grounds for initiating disciplinary action pursuant to NRS 633.511.

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

      5.  The Board shall:

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

      (b) Ensure that the reports, and any additional documents created from the reports, are protected adequately from fire, theft, loss, destruction and other hazards, and from unauthorized access; and

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

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

      7.  The provisions of this section do not apply to surgical care requiring only the administration of oral medication to a patient to relieve the patient’s anxiety or pain, if the medication is not given in a dosage that is sufficient to induce in a patient a controlled state of depressed consciousness or unconsciousness similar to general anesthesia, deep sedation or conscious sedation.

      8.  In addition to any other remedy or penalty, if a holder of a license to practice osteopathic medicine fails to submit a report or knowingly files false information in a report submitted pursuant to this section, the Board may, after providing the holder of a license to practice osteopathic medicine with notice and opportunity for a hearing, impose against the holder of a license an administrative penalty for each such violation. The Board shall establish by regulation a sliding scale based on the severity of the violation to determine the amount of the administrative penalty to be imposed against the holder of the license to practice osteopathic medicine. The regulations must include standards for determining the severity of the violation and may provide for a more severe penalty for multiple violations.

      9.  As used in this section:

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

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

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

      (d) “Sentinel event” means an unexpected occurrence involving death or serious physical or psychological injury or the risk thereof, including, without limitation, any process variation for which a recurrence would carry a significant chance of serious adverse outcome. The term includes loss of limb or function.

      (Added to NRS by 2005, 2515; A 2007, 1840, 2136; 2009, 537, 561; 2011, 2864)

      NRS 633.526  Insurer of osteopathic physician or physician assistant required to report certain information concerning malpractice; administrative penalties for failure to report.

      1.  The insurer of an osteopathic physician or physician assistant licensed under this chapter shall report to the Board:

      (a) Any action for malpractice against the osteopathic physician or physician assistant not later than 45 days after the osteopathic physician or physician assistant receives service of a summons and complaint for the action;

      (b) Any claim for malpractice against the osteopathic physician or physician assistant that is submitted to arbitration or mediation not later than 45 days after the claim is submitted to arbitration or mediation; and

      (c) Any settlement, award, judgment or other disposition of any action or claim described in paragraph (a) or (b) not later than 45 days after the settlement, award, judgment or other disposition.

      2.  The Board shall report any failure to comply with subsection 1 by an insurer licensed in this State to the Division of Insurance of the Department of Business and Industry. If, after a hearing, the Division of Insurance determines that any such insurer failed to comply with the requirements of subsection 1, the Division may impose an administrative fine of not more than $10,000 against the insurer for each such failure to report. If the administrative fine is not paid when due, the fine must be recovered in a civil action brought by the Attorney General on behalf of the Division.

      (Added to NRS by 2002 Special Session, 22; A 2003, 3442; 2011, 1042)

      NRS 633.527  Osteopathic physician and physician assistant required to report certain information concerning malpractice and sanctions imposed against osteopathic physician or physician assistant; administrative penalties for failure to report; reports deemed public records.

      1.  An osteopathic physician or physician assistant shall report to the Board:

      (a) Any action for malpractice against the osteopathic physician or physician assistant not later than 45 days after the osteopathic physician or physician assistant receives service of a summons and complaint for the action;

      (b) Any claim for malpractice against the osteopathic physician or physician assistant that is submitted to arbitration or mediation not later than 45 days after the claim is submitted to arbitration or mediation;

      (c) Any settlement, award, judgment or other disposition of any action or claim described in paragraph (a) or (b) not later than 45 days after the settlement, award, judgment or other disposition; and

      (d) Any sanctions imposed against the osteopathic physician or physician assistant that are reportable to the National Practitioner Data Bank not later than 45 days after the sanctions are imposed.

      2.  If the Board finds that an osteopathic physician or physician assistant has violated any provision of this section, the Board may impose a fine of not more than $5,000 against the osteopathic physician or physician assistant for each violation, in addition to any other fines or penalties permitted by law.

      3.  All reports made by an osteopathic physician or physician assistant pursuant to this section are public records.

      (Added to NRS by 2003, 3441; A 2011, 1042)

      NRS 633.528  Board required to conduct investigation after receiving certain reports concerning malpractice.  If the Board receives a report pursuant to the provisions of NRS 633.526, 633.527, 690B.250 or 690B.260 indicating that a judgment has been rendered or an award has been made against an osteopathic physician or physician assistant regarding an action or claim for malpractice or that such an action or claim against the osteopathic physician or physician assistant has been resolved by settlement, the Board shall conduct an investigation to determine whether to discipline the osteopathic physician or physician assistant regarding the action or claim, unless the Board has already commenced or completed such an investigation regarding the action or claim before it receives the report.

      (Added to NRS by 2003, 3441; A 2011, 1043)

      NRS 633.529  Board authorized to order certain examinations of osteopathic physician or physician assistant after receiving certain reports concerning malpractice.

      1.  Notwithstanding the provisions of chapter 622A of NRS, if the Board receives a report pursuant to the provisions of NRS 633.526, 633.527, 690B.250 or 690B.260 indicating that a judgment has been rendered or an award has been made against an osteopathic physician or physician assistant regarding an action or claim for malpractice, or that such an action or claim against the osteopathic physician or physician assistant has been resolved by settlement, the Board may order the osteopathic physician or physician assistant to undergo a mental or physical examination or any other examination designated by the Board to test his or her competence to practice osteopathic medicine or to practice as a physician assistant, as applicable. An examination conducted pursuant to this subsection must be conducted by osteopathic physicians designated by the Board.

      2.  For the purposes of this section:

      (a) An osteopathic physician or physician assistant who applies for a license or who holds a license under this chapter is deemed to have given consent to submit to a mental or physical examination or an examination testing his or her competence to practice osteopathic medicine or to practice as a physician assistant, as applicable, pursuant to a written order by the Board.

      (b) The testimony or reports of the examining osteopathic physician are not privileged communications.

      (Added to NRS by 2003, 3441; A 2005, 765; 2011, 1043)

      NRS 633.531  Mandatory or optional filing of complaint; retention of complaints.

      1.  The Board or any of its members, or a medical review panel of a hospital or medical society, which becomes aware of any conduct by an osteopathic physician or physician assistant that may constitute grounds for initiating disciplinary action shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the Board.

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

      (Added to NRS by 1977, 950; A 2001, 494; 2009, 886; 2011, 1044)

      NRS 633.533  General requirements for filing complaint; medical facilities and societies required to report certain information concerning privileges and disciplinary action; administrative penalties for failure to report; clerk of court required to report certain information concerning court actions.

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

      2.  Any licensee, medical school or medical facility that becomes aware that a person practicing osteopathic medicine or practicing as a physician assistant in this State has, is or is about to become engaged in conduct which constitutes grounds for initiating disciplinary action shall file a written complaint with the Board within 30 days after becoming aware of the conduct.

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

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

      (a) An investigation of the mental, medical or psychological competency of the osteopathic physician or physician assistant; or

      (b) Suspected or alleged substance abuse in any form by the osteopathic physician or physician assistant.

      5.  The Board shall report any failure to comply with subsection 3 or 4 by a hospital, clinic or other medical facility licensed in this State to the Division of Public and Behavioral Health of the Department of Health and Human Services. If, after a hearing, the Division determines that any such facility or society failed to comply with the requirements of this subsection, the Division may impose an administrative fine of not more than $10,000 against the facility or society for each such failure to report. If the administrative fine is not paid when due, the fine must be recovered in a civil action brought by the Attorney General on behalf of the Division.

      6.  The clerk of every court shall report to the Board any finding, judgment or other determination of the court that an osteopathic physician or physician assistant:

      (a) Is mentally ill;

      (b) Is mentally incompetent;

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

      (d) Is guilty of abuse or fraud under any state or federal program providing medical assistance; or

      (e) Is liable for damages for malpractice or negligence,

Ê within 45 days after the finding, judgment or determination.

      7.  On or before January 15 of each year, the clerk of every court shall submit to the Office of Court Administrator created pursuant to NRS 1.320 a written report compiling the information that the clerk reported during the previous year to the Board regarding osteopathic physicians and physician assistants pursuant to paragraph (e) of subsection 6.

      (Added to NRS by 2002 Special Session, 23; A 2007, 1842; 2009, 2985; 2011, 1044, 2866)

      NRS 633.541  Review of complaint by designated member of Board; investigation of complaint; formal complaint.

      1.  When a complaint is filed with the Board, the Board shall designate a member of the Board to review the complaint.

      2.  If the member of the Board determines that the complaint is not frivolous, he or she shall conduct an investigation of the complaint to determine whether there is a reasonable basis for the complaint. In performing the investigation, the member of the Board may request the assistance of the Attorney General or contract with a private investigator designated by the Executive Director of the Board who is licensed pursuant to chapter 648 of NRS or any other person designated by the Executive Director of the Board.

      3.  If, after conducting the investigation pursuant to subsection 2, the member of the Board determines that there is a reasonable basis for the complaint and that a violation of a provision of this chapter has occurred, the member of the Board may file a formal complaint with the Board specifying the grounds for disciplinary action.

      (Added to NRS by 1977, 950; A 2001, 494)

      NRS 633.542  Practicing or offering to practice without license: Reporting requirements of Board.  Unless the Board determines that extenuating circumstances exist, the Board shall forward to the appropriate law enforcement agency any substantiated information submitted to the Board concerning a person who practices or offers to practice osteopathic medicine or as a physician assistant without the appropriate license issued pursuant to the provisions of this chapter.

      (Added to NRS by 2013, 2224)

      NRS 633.561  Mental or physical examination.

      1.  Notwithstanding the provisions of chapter 622A of NRS, if the Board or a member of the Board designated to review a complaint pursuant to NRS 633.541 has reason to believe that the conduct of an osteopathic physician or physician assistant has raised a reasonable question as to his or her competence to practice osteopathic medicine or to practice as a physician assistant, as applicable, with reasonable skill and safety to patients, the Board or the member designated by the Board may require the osteopathic physician or physician assistant to submit to a mental or physical examination conducted by physicians designated by the Board. If the osteopathic physician or physician assistant participates in a diversion program, the diversion program may exchange with any authorized member of the staff of the Board any information concerning the recovery and participation of the osteopathic physician or physician assistant in the diversion program. As used in this subsection, “diversion program” means a program approved by the Board to correct an osteopathic physician’s or physician assistant’s alcohol or drug dependence or any other impairment.

      2.  For the purposes of this section:

      (a) An osteopathic physician or physician assistant who is licensed under this chapter and who accepts the privilege of practicing osteopathic medicine or practicing as a physician assistant in this State is deemed to have given consent to submit to a mental or physical examination pursuant to a written order by the Board.

      (b) The testimony or examination reports of the examining physicians are not privileged communications.

      3.  Except in extraordinary circumstances, as determined by the Board, the failure of an osteopathic physician or physician assistant who is licensed under this chapter to submit to an examination pursuant to this section constitutes an admission of the charges against the osteopathic physician or physician assistant.

      (Added to NRS by 1977, 950; A 2001, 494; 2005, 766; 2009, 2986; 2011, 1045)

      NRS 633.571  Examination of medical competency.  Notwithstanding the provisions of chapter 622A of NRS, if the Board has reason to believe that the conduct of any osteopathic physician or physician assistant has raised a reasonable question as to his or her competence to practice osteopathic medicine or to practice as a physician assistant, as applicable, with reasonable skill and safety to patients, the Board may require the osteopathic physician or physician assistant to submit to an examination for the purposes of determining his or her competence to practice osteopathic medicine or to practice as a physician assistant, as applicable, with reasonable skill and safety to patients.

      (Added to NRS by 1977, 951; A 2005, 766; 2011, 1045)

      NRS 633.581  Summary suspension of license: Issuance of order; hearing; limitation on time for completing examination.

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

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

      3.  Notwithstanding the provisions of chapter 622A of NRS, if the Board issues an order summarily suspending the license of an osteopathic physician or physician assistant pending a proceeding for disciplinary action and requires the osteopathic physician or physician assistant to submit to a mental or physical examination or a medical competency examination, the examination must be conducted and the results must be obtained not later than 60 days after the Board issues the order.

      (Added to NRS by 1977, 951; A 2005, 766; 2009, 2987; 2011, 1046)

      NRS 633.591  Summary suspension of license: Stay by court of Board’s order prohibited; exception.  Notwithstanding the provisions of chapter 622A of NRS, if the Board issues an order summarily suspending the license of an osteopathic physician or physician assistant pending proceedings for disciplinary action, including, without limitation, a summary suspension pursuant to NRS 233B.127, the court shall not stay that order unless the Board fails to institute and determine such proceedings as promptly as the requirements for investigation of the case reasonably allow.

      (Added to NRS by 1977, 951; A 2005, 766; 2009, 886; 2011, 1046)

      NRS 633.601  Injunctive relief.

      1.  In addition to any other remedy provided by law, the Board, through an officer of the Board or the Attorney General, may apply to any court of competent jurisdiction to enjoin any unprofessional conduct of an osteopathic physician or physician assistant which is harmful to the public or to limit the practice of the osteopathic physician or physician assistant or suspend his or her license to practice osteopathic medicine or to practice as a physician assistant, as applicable, as provided in this section.

      2.  The court in a proper case may issue a temporary restraining order or a preliminary injunction for such purposes:

      (a) Without proof of actual damage sustained by any person, this provision being a preventive as well as punitive measure; and

      (b) Pending proceedings for disciplinary action by the Board. Notwithstanding the provisions of chapter 622A of NRS, such proceedings shall be instituted and determined as promptly as the requirements for investigation of the case reasonably allow.

      (Added to NRS by 1977, 951; A 2005, 767; 2011, 1046)

Disciplinary Proceedings

      NRS 633.621  Commencement of disciplinary proceedings required for certain violations of Industrial Insurance Act.  Notwithstanding the provisions of chapter 622A of NRS, if the Board receives a report pursuant to subsection 5 of NRS 228.420, a disciplinary proceeding regarding the report must be commenced within 30 days after the Board receives the report.

      (Added to NRS by 1977, 951; A 1993, 787; 2001, 495; 2005, 264, 767; 2005, 22nd Special Session, 108)

      NRS 633.625  Submission of fingerprints required upon initiation of disciplinary action; additional grounds for disciplinary action.

      1.  Any licensee against whom the Board initiates disciplinary action pursuant to this chapter shall, within 30 days after the licensee’s receipt of notification of the initiation of the disciplinary action, submit to the Board a complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      2.  The willful failure of a licensee to comply with the requirements of subsection 1 constitutes additional grounds for disciplinary action and the revocation of the license of the licensee.

      3.  The Board has additional grounds for initiating disciplinary action against a licensee if the report from the Federal Bureau of Investigation indicates that the licensee has been convicted of:

      (a) An act that is a ground for disciplinary action pursuant to NRS 633.511; or

      (b) A felony set forth in NRS 633.741.

      (Added to NRS by 2005, 2527; A 2009, 2987)

      NRS 633.631  Service of process.  Except as otherwise provided in chapter 622A of NRS:

      1.  Service of process made under this chapter must be either personal or by registered or certified mail with return receipt requested, addressed to the osteopathic physician or physician assistant at his or her last known address, as indicated in the records of the Board. If personal service cannot be made and if mail notice is returned undelivered, the Secretary of the Board shall cause a notice of hearing to be published once a week for 4 consecutive weeks in a newspaper published in the county of the last known address of the osteopathic physician or physician assistant or, if no newspaper is published in that county, in a newspaper widely distributed in that county.

      2.  Proof of service of process or publication of notice made under this chapter must be filed with the Secretary of the Board and must be recorded in the minutes of the Board.

      (Added to NRS by 1977, 951; A 2005, 767; 2011, 1047)

      NRS 633.641  Requirements for proof.  Notwithstanding the provisions of chapter 622A of NRS, in any disciplinary proceeding before the Board, a hearing officer or a panel:

      1.  Proof of actual injury need not be established where the formal complaint charges deceptive or unethical professional conduct or medical practice harmful to the public.

      2.  A certified copy of the record of a court or a licensing agency showing a conviction or the suspension or revocation of a license to practice osteopathic medicine or to practice as a physician assistant is conclusive evidence of its occurrence.

      (Added to NRS by 1977, 952; A 2001, 495; 2005, 264, 767; 2005, 22nd Special Session, 108; 2011, 1047)

      NRS 633.643  Standard of proof.  In any disciplinary proceedings conducted pursuant to this chapter, the standard of proof is a preponderance of the evidence.

      (Added to NRS by 2009, 2979)

      NRS 633.651  Required disciplinary action for violations; private reprimands prohibited; orders imposing discipline deemed public records.

      1.  If the Board finds a person guilty in a disciplinary proceeding, it shall by order take one or more of the following actions:

      (a) Place the person on probation for a specified period or until further order of the Board.

      (b) Administer to the person a public reprimand.

      (c) Limit the practice of the person to, or by the exclusion of, one or more specified branches of osteopathic medicine.

      (d) Suspend the license of the person to practice osteopathic medicine or to practice as a physician assistant for a specified period or until further order of the Board.

      (e) Revoke the license of the person to practice osteopathic medicine or to practice as a physician assistant.

      (f) Impose a fine not to exceed $5,000 for each violation.

      (g) Require supervision of the practice of the person.

      (h) Require the person to perform community service without compensation.

      (i) Require the person to complete any training or educational requirements specified by the Board.

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

Ê The order of the Board may contain any other terms, provisions or conditions as the Board deems proper and which are not inconsistent with law.

      2.  The Board shall not administer a private reprimand.

      3.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      (Added to NRS by 1977, 952; A 2001, 495; 2003, 3443; 2005, 768; 2009, 2988; 2011, 1047)

      NRS 633.660  Hearing officers and panels: Delegation of authority by Board.  The Board may delegate its authority to conduct a hearing concerning the discipline of a licensee pursuant to chapter 622A of NRS to:

      1.  A person; or

      2.  A group of such members of the Board as the President of the Board may designate from time to time, which group must consist of not less than three members of the Board, at least one of whom was appointed to the Board pursuant to subsection 2 or 3 of NRS 633.191.

      (Added to NRS by 2005, 259; A 2005, 22nd Special Session, 96)

      NRS 633.665  Hearing officers and panels: Powers.  A hearing officer or panel has all the powers that are necessary to conduct a hearing concerning the discipline of a licensee pursuant to chapter 622A of NRS.

      (Added to NRS by 2005, 259; A 2005, 22nd Special Session, 97)

      NRS 633.671  Judicial review.

      1.  Any person who has been placed on probation or whose license has been limited, suspended or revoked by the Board is entitled to judicial review of the Board’s order as provided by law.

      2.  Every order of the Board which limits the practice of osteopathic medicine or the practice of a physician assistant or suspends or revokes a license is effective from the date on which the order is issued by the Board until the date the order is modified or reversed by a final judgment of the court.

      3.  The district court shall give a petition for judicial review of the Board’s order priority over other civil matters which are not expressly given priority by law.

      (Added to NRS by 1977, 952; A 1979, 958; 1989, 1658; 2011, 1048)

      NRS 633.681  Reinstatement of license to practice osteopathic medicine or to practice as physician assistant.

      1.  Any person:

      (a) Whose practice of osteopathic medicine or practice as a physician assistant has been limited; or

      (b) Whose license to practice osteopathic medicine or to practice as a physician assistant has been:

             (1) Suspended until further order; or

             (2) Revoked,

Ê may apply to the Board after a reasonable period for removal of the limitation or suspension or may apply to the Board pursuant to the provisions of chapter 622A of NRS for reinstatement of the revoked license.

      2.  In hearing the application, the Board:

      (a) May require the person to submit to a mental or physical examination by physicians whom it designates and submit such other evidence of changed conditions and of fitness as it deems proper;

      (b) Shall determine whether under all the circumstances the time of the application is reasonable; and

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

      (Added to NRS by 1977, 953; A 2005, 768; 2011, 1048)

Miscellaneous Provisions

      NRS 633.691  Immunity from civil action; Board prohibited from taking certain action against osteopathic physician or physician assistant for disclosing violations to governmental entity or cooperating in related investigation, hearing or inquiry.

      1.  In addition to any other immunity provided by the provisions of chapter 622A of NRS, the Board, a medical review panel of a hospital, a hearing officer, a panel of the Board, an employee or volunteer of a diversion program specified in NRS 633.561, or any person who or other organization which initiates or assists in any lawful investigation or proceeding concerning the discipline of an osteopathic physician or physician assistant for gross malpractice, malpractice, professional incompetence or unprofessional conduct is immune from any civil action for such initiation or assistance or any consequential damages, if the person or organization acted in good faith.

      2.  The Board shall not commence an investigation, impose any disciplinary action or take any other adverse action against an osteopathic physician or physician assistant for:

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

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

      3.  As used in this section, “governmental entity” includes, without limitation:

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

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

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

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

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

      (Added to NRS by 1977, 953; A 2001, 496; 2005, 265, 768; 2005, 22nd Special Session, 108; 2009, 1427, 2988; 2011, 1048)

      NRS 633.693  Performance of laser eye surgery or intense pulsed light therapy without proper training.  Laser surgery or intense pulsed light therapy on the globe of the eye of a patient may be performed only by a licensed osteopathic physician who has completed a program of progressive postgraduate education in ophthalmology as a resident in the United States or Canada in a program approved by the Bureau of Osteopathic Education of the American Osteopathic Association, the Accreditation Council for Graduate Medical Education or the Council on Medical Education of the Canadian Medical Association.

      (Added to NRS by 2007, 3047)

      NRS 633.694  Administration of anesthesia or sedation.

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

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

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

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

      (d) Outside of this State.

      2.  As used in this section:

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

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

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

      (Added to NRS by 2009, 536)

      NRS 633.695  Authority of nonprofit medical school or research institution to operate as corporation, operate clinic in conjunction with school or research facility and retain portion of money generated by clinic.  A private nonprofit school of osteopathic medicine that is licensed by the Commission on Postsecondary Education and approved by the American Osteopathic Association’s Commission on College Accreditation may, notwithstanding any provision of law to the contrary:

      1.  Operate as a corporation or other business organization or association with ownership or control shared by persons licensed pursuant to this chapter and persons not licensed pursuant to this chapter;

      2.  Operate a clinic in conjunction with the school which is staffed by osteopathic physicians or physicians who are:

      (a) Licensed pursuant to this chapter or chapter 630 of NRS, respectively; and

      (b) Members of the faculty of the school; and

      3.  Retain all or a portion of the money generated by a clinic described in subsection 2, including, without limitation, any professional income generated by an osteopathic physician or physician staffing the clinic.

      (Added to NRS by 2007, 1831)

      NRS 633.701  Limitation or termination of licensee’s privileges or criminal prosecution not precluded by disciplinary action; immunity from civil liability.  The filing and review of a complaint and any subsequent disposition by the Board, the member designated by the Board to review a complaint pursuant to NRS 633.541 or any reviewing court do not preclude:

      1.  Any measure by a hospital or other institution to limit or terminate the privileges of an osteopathic physician or physician assistant according to its rules or the custom of the profession. No civil liability attaches to any such action taken without malice even if the ultimate disposition of the complaint is in favor of the osteopathic physician or physician assistant.

      2.  Any appropriate criminal prosecution by the Attorney General or a district attorney based upon the same or other facts.

      (Added to NRS by 1977, 953; A 2001, 496; 2011, 1049)

      NRS 633.706  Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  If the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license issued pursuant to this chapter, the Board shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Board receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Board shall reinstate a license issued pursuant to this chapter that has been suspended by a district court pursuant to NRS 425.540 if:

      (a) The Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560; and

      (b) The person whose license was suspended pays the fee for late payment prescribed in NRS 633.501.

      (Added to NRS by 1997, 2127; A 2005, 2807; 2009, 1856)

      NRS 633.707  Osteopathic physician authorized to issue order for public or private school to obtain and maintain auto-injectable epinephrine at school; definitions.

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

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

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

      (b) The classification of his or her license;

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

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

      (e) The date of issue.

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

      4.  As used in this section:

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

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

      (Added to NRS by 2013, 1228)

INJUNCTIVE RELIEF; PROSECUTION; PENALTIES

      NRS 633.711  Injunctive relief against person practicing without license.

      1.  The Board, through an officer of the Board or the Attorney General, may maintain in any court of competent jurisdiction a suit for an injunction against any person:

      (a) Practicing osteopathic medicine or practicing as a physician assistant without a valid license to practice osteopathic medicine or to practice as a physician assistant; or

      (b) Engaging in telemedicine without a valid license pursuant to NRS 633.165.

      2.  An injunction issued pursuant to subsection 1:

      (a) May be issued without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.

      (b) Must not relieve such person from criminal prosecution for practicing without such a license.

      (Added to NRS by 1977, 953; A 2007, 1842; 2011, 1049)

      NRS 633.721  Sufficiency of allegations in criminal complaint charging unlawful practice.  In a criminal complaint charging any person with practicing osteopathic medicine or practicing as a physician assistant without a valid license issued by the Board, it is sufficient to charge that the person did, upon a certain day, and in a certain county of this State, engage in such practice without having a valid license to do so, without averring any further or more particular facts concerning the violation.

      (Added to NRS by 1977, 953; A 2007, 1843; 2011, 1050)

      NRS 633.731  Prosecution of violators; employment of investigators and assistants.  In a manner consistent with the provisions of chapter 622A of NRS, the Board shall cause the prosecution of all persons who commit any act prohibited by this chapter. The Board may employ investigators and such other assistants as may be necessary to carry into effect the provisions of this chapter.

      (Added to NRS by 1977, 954; A 2005, 769)

      NRS 633.741  Unlawful acts; penalties.

      1.  It is unlawful for any person to:

      (a) Except as otherwise provided in NRS 629.091, practice:

             (1) Osteopathic medicine without a valid license to practice osteopathic medicine under this chapter;

             (2) As a physician assistant without a valid license under this chapter; or

             (3) Beyond the limitations ordered upon his or her practice by the Board or the court;

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

      (c) Give either false or forged evidence of any kind to the Board or any of its members in connection with an application for a license;

      (d) File for record the license issued to another, falsely claiming himself or herself to be the person named in the license, or falsely claiming himself or herself to be the person entitled to the license;

      (e) Practice osteopathic medicine or practice as a physician assistant under a false or assumed name or falsely personate another licensee of a like or different name;

      (f) Hold himself or herself out as a physician assistant or use any other term indicating or implying that he or she is a physician assistant, unless the person has been licensed by the Board as provided in this chapter; or

      (g) Supervise a person as a physician assistant before such person is licensed as provided in this chapter.

      2.  A person who violates any provision of subsection 1:

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

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

Ê and shall be punished as provided in NRS 193.130, unless a greater penalty is provided pursuant to NRS 200.830 or 200.840.

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

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

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

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

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

      (Added to NRS by 1977, 954; A 1979, 1490; 1995, 752, 1310, 1333; 2007, 1843; 2011, 1050; 2013, 998, 2225)