AB312

A.B. 312

Assembly Bill No. 312–Assemblyman Mabey (by request)

March 13, 2003

____________

Referred to Committee on Commerce and Labor

SUMMARY—Requires issuance of certain limited licenses to practice medicine, dentistry or osteopathic medicine. (BDR 54‑1137)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State: No.

EXPLANATION – Matter in bolded italics is new; matter between brackets [~~omitted material]~~ is material to be omitted.

Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

AN ACT relating to professions; requiring the issuance of a limited license to practice medicine, dentistry or osteopathic medicine at a health care facility of a governmental entity or a nonprofit organization under certain circumstances; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 630 of NRS is hereby amended by adding

1-2 thereto a new section to read as follows:

1-3 1. Except as otherwise provided in subsection 2 and NRS

1-4 630.161, the Board shall, without an examination pursuant to

1-5 NRS 630.160, issue a limited license to practice medicine to a

1-6 person who:

1-7 (a) At the time of his application, is licensed to practice

1-8 medicine in another state or territory of the United States, or the

1-9 District of Columbia; and

1-10 (b) Is otherwise qualified to practice medicine in this state.

1-11 2. The Board shall not issue a limited license to a person:

1-12 (a) Whose license to practice medicine has been revoked or

1-13 suspended; or

2-1 (b) Who has been refused a license or is involved in a

2-2 disciplinary action concerning his license to practice

2-3 medicine,

2-4 in this state, another state or territory of the United States, or the

2-5 District of Columbia.

2-6 3. The holder of a limited license issued pursuant to this

2-7 section may only provide care or assistance gratuitously to patients

2-8 at a health care facility of a governmental entity or a nonprofit

2-9 organization.

2-10 4. The Board:

2-11 (a) Shall expeditiously consider each application for the

2-12 issuance of a limited license pursuant this section; and

2-13 (b) Shall not charge or collect a fee for issuing or renewing a

2-14 limited license pursuant to this section.

2-15 5. As used in this section:

2-16 (a) “Gratuitously” has the meaning ascribed to it in

2-17 NRS 41.500.

2-18 (b) “Health care facility” has the meaning ascribed to it in

2-19 NRS 449.800.

2-20 Sec. 2. NRS 630.160 is hereby amended to read as follows:

2-21 630.160 1. Every person desiring to practice medicine must,

2-22 before beginning to practice, procure from the Board a license

2-23 authorizing him to practice.

2-24 2. Except as otherwise provided in NRS 630.161 [or 630.164,]

2-25 , 630.164 and section 1 of this act, a license may be issued to any

2-26 person who:

2-27 (a) Is a citizen of the United States or is lawfully entitled to

2-28 remain and work in the United States;

2-29 (b) Has received the degree of doctor of medicine from a

2-30 medical school:

2-31 (1) Approved by the Liaison Committee on Medical

2-32 Education of the American Medical Association and Association of

2-33 American Medical Colleges; or

2-34 (2) Which provides a course of professional instruction

2-35 equivalent to that provided in medical schools in the United States

2-36 approved by the Liaison Committee on Medical Education;

2-37 (c) Has passed:

2-38 (1) All parts of the examination given by the National Board

2-39 of Medical Examiners;

2-40 (2) All parts of the Federation Licensing Examination;

2-41 (3) All [parts] steps of the United States Medical Licensing

2-42 Examination;

2-43 (4) All parts of a licensing examination given by any state or

2-44 territory of the United States, if the applicant is certified by a

2-45 specialty board of the American Board of Medical Specialties;

3-1 (5) All parts of the examination to become a licentiate of the

3-2 Medical Council of Canada; or

3-3 (6) Any combination of the examinations specified in

3-4 subparagraphs (1), (2) and (3) that the Board determined to be

3-5 sufficient;

3-6 (d) Has completed 36 months of progressive postgraduate:

3-7 (1) Education as a resident in the United States or Canada in

3-8 a program approved by the Board, the Accreditation Council for

3-9 Graduate Medical Education [of the American Medical Association]

3-10 or the Coordinating Council of Medical Education of the Canadian

3-11 Medical Association; or

3-12 (2) Fellowship training in the United States or Canada

3-13 approved by the Board or the Accreditation Council for Graduate

3-14 Medical Education; and

3-15 (e) Passes a written or oral examination, or both, as to his

3-16 qualifications to practice medicine and provides the Board with a

3-17 description of the clinical program completed demonstrating that the

3-18 applicant’s clinical training met the requirements of paragraph (b).

3-19 Sec. 3. NRS 630.267 is hereby amended to read as follows:

3-20 630.267 1. Each holder of a license to practice medicine

3-21 must, on or before July 1 of each alternate year:

3-22 (a) Submit the statement required pursuant to NRS 630.197;

3-23 (b) Submit a list of all actions filed or claims submitted to

3-24 arbitration or mediation for malpractice or negligence against him

3-25 during the previous 2 years; and

3-26 (c) [Pay] Except as otherwise provided in section 1 of this act,

3-27 pay to the Secretary-Treasurer of the Board the applicable fee for

3-28 biennial registration. This fee must be collected for the period for

3-29 which a physician is licensed.

3-30 2. When a holder of a license fails to pay the fee for biennial

3-31 registration and submit the statement required pursuant to NRS

3-32 630.197 after they become due, his license to practice medicine in

3-33 this state is automatically suspended. The holder may, within 2

3-34 years after the date his license is suspended, upon payment of twice

3-35 the amount of the current fee for biennial registration to the

3-36 Secretary-Treasurer and submission of the statement required

3-37 pursuant to NRS 630.197 and after he is found to be in good

3-38 standing and qualified under the provisions of this chapter, be

3-39 reinstated to practice.

3-40 3. The Board shall make such reasonable attempts as are

3-41 practicable to notify a licensee:

3-42 (a) At least once that his fee for biennial registration and the

3-43 statement required pursuant to NRS 630.197 are due; and

4-1 (b) That his license is suspended.

4-2 A copy of this notice must be sent to the Drug Enforcement

4-3 Administration of the United States Department of Justice or its

4-4 successor agency.

4-5 Sec. 4. NRS 630.267 is hereby amended to read as follows:

4-6 630.267 1. Each holder of a license to practice medicine

4-7 must, on or before July 1 of each alternate year:

4-8 (a) Submit a list of all actions filed or claims submitted to

4-9 arbitration or mediation for malpractice or negligence against him

4-10 during the previous 2 years; and

4-11 (b) [Pay] Except as otherwise provided in section 1 of this act,

4-12 pay to the Secretary-Treasurer of the Board the applicable fee for

4-13 biennial registration. This fee must be collected for the period for

4-14 which a physician is licensed.

4-15 2. When a holder of a license fails to pay the fee for biennial

4-16 registration after it becomes due, his license to practice medicine in

4-17 this state is automatically suspended. The holder may, within 2

4-18 years after the date his license is suspended, upon payment of twice

4-19 the amount of the current fee for biennial registration to the

4-20 Secretary-Treasurer, and after he is found to be in good standing and

4-21 qualified under the provisions of this chapter, be reinstated to

4-22 practice.

4-23 3. The Board shall make such reasonable attempts as are

4-24 practicable to notify a licensee:

4-25 (a) At least once that his fee for biennial registration is due; and

4-26 (b) That his license is suspended for nonpayment of the

4-27 fee.

4-28 A copy of this notice must be sent to the Drug Enforcement

4-29 Administration of the United States Department of Justice or its

4-30 successor agency.

4-31 Sec. 5. NRS 630.268 is hereby amended to read as follows:

4-32 630.268 1. [The] Except as otherwise provided in section 1

4-33 of this act, the Board shall charge and collect not more than the

4-34 following fees:

4-35 For application for and issuance of a license to

4-36 practice as a physician....................... $600

4-37 For application for and issuance of a temporary,

4-38 locum tenens, limited, restricted, special or special

4-39 purpose license.................................... 400

4-40 For renewal of a limited, restricted or special

4-41 license.................................................. 400

4-42 For application for and issuance of a license as a

4-43 physician assistant............................... 400

4-44 For biennial registration of a physician assistant800

5-1 For biennial registration of a physician$800

5-2 For application for and issuance of a license as a

5-3 practitioner of respiratory care............ 400

5-4 For biennial registration of a practitioner of

5-5 respiratory care..................................... 600

5-6 For biennial registration for a physician who is on

5-7 inactive status....................................... 400

5-8 For written verification of licensure..... 50

5-9 For a duplicate identification card........ 25

5-10 For a duplicate license.......................... 50

5-11 For computer printouts or labels....... 500

5-12 For verification of a listing of physicians, per hour 20

5-13 For furnishing a list of new physicians100

5-14 2. In addition to the fees prescribed in subsection 1, the Board

5-15 shall charge and collect necessary and reasonable fees for its other

5-16 services.

5-17 3. The cost of any special meeting called at the request of a

5-18 licensee, an institution, an organization, a state agency or an

5-19 applicant for licensure must be paid for by the person or entity

5-20 requesting the special meeting. Such a special meeting must not be

5-21 called until the person or entity requesting it has paid a cash deposit

5-22 with the Board sufficient to defray all expenses of the meeting.

5-23 Sec. 6. Chapter 631 of NRS is hereby amended by adding

5-24 thereto a new section to read as follows:

5-25 1. Except as otherwise provided in subsection 2, the Board

5-26 shall, without an examination or a clinical demonstration required

5-27 by NRS 631.240, issue a limited license to practice dentistry to a

5-28 person who:

5-29 (a) At the time of his application, is licensed to practice

5-30 dentistry in another state or territory of the United States, or the

5-31 District of Columbia; and

5-32 (b) Is otherwise qualified to practice dentistry in this state.

5-33 2. The Board shall not issue a limited license to a person:

5-34 (a) Whose license to practice dentistry has been revoked or

5-35 suspended; or

5-36 (b) Who has been refused a license or is involved in a

5-37 disciplinary action concerning his license to practice

5-38 dentistry,

5-39 in this state, another state or territory of the United States, or the

5-40 District of Columbia.

5-41 3. The holder of a limited license issued pursuant to this

5-42 section may only provide care or assistance gratuitously to patients

5-43 at a health care facility of a governmental entity or a nonprofit

5-44 organization.

6-1 4. The Board:

6-2 (a) Shall expeditiously consider each application for the

6-3 issuance of a limited license pursuant this section; and

6-4 (b) Shall not charge or collect a fee for issuing or renewing a

6-5 limited license pursuant to this section.

6-6 5. As used in this section:

6-7 (a) “Gratuitously” has the meaning ascribed to it in

6-8 NRS 41.500.

6-9 (b) “Health care facility” has the meaning ascribed to it in

6-10 NRS 449.800.

6-11 Sec. 7. NRS 631.240 is hereby amended to read as follows:

6-12 631.240 1. Any person desiring to obtain a license to practice

6-13 dentistry in this state, after having complied with the regulations of

6-14 the Board to determine eligibility, must:

6-15 (a) Present to the Board a certificate granted by the Joint

6-16 Commission on National Dental Examinations which contains a

6-17 notation that the applicant has passed the National Board Dental

6-18 Examination with an average score of at least 75; and

6-19 (b) [Be] Except as otherwise provided in section 6 of this act,

6-20 be examined by the Board on the applicant’s practical knowledge of

6-21 dentistry.

6-22 2. [The] Except as otherwise provided in section 6 of this act,

6-23 the Board shall examine each applicant in writing on the contents

6-24 and interpretation of this chapter and the regulations of the Board.

6-25 3. Except as otherwise provided in NRS 631.255, 631.271,

6-26 631.272 [and 631.274,] , 631.274 and section 6 of this act, the

6-27 examination required by paragraph (b) of subsection 1 must include

6-28 clinical demonstrations of the applicant’s skill in dentistry.

6-29 4. All persons who present the appropriate certificate and

6-30 successfully complete the examination must be registered as

6-31 licensed dentists on the board register, as provided in this chapter,

6-32 and are entitled to receive a certificate of registration, signed by the

6-33 member of the Board who is a representative of the general public

6-34 and those members of the Board who are dentists.

6-35 Sec. 8. NRS 631.240 is hereby amended to read as follows:

6-36 631.240 1. Any person desiring to obtain a license to practice

6-37 dentistry in this state, after having complied with the regulations of

6-38 the Board to determine eligibility, must:

6-39 (a) Present to the Board a certificate granted by the Joint

6-40 Commission on National Dental Examinations which contains a

6-41 notation that the applicant has passed the National Board Dental

6-42 Examination with an average score of at least 75; and

6-43 (b) [Be] Except as otherwise provided in section 6 of this act,

6-44 be examined by the Board on the applicant’s practical knowledge of

6-45 dentistry.

7-1 2. [The] Except as otherwise provided in section 6 of this act,

7-2 the Board shall examine each applicant in writing on the contents

7-3 and interpretation of this chapter and the regulations of the Board.

7-4 3. Except as otherwise provided in NRS 631.255, 631.271 [and

7-5 631.274,] , 631.274 and section 6 of this act, the examination

7-6 required by paragraph (b) of subsection 1 must include clinical

7-7 demonstrations of the applicant’s skill in dentistry.

7-8 4. All persons who present the appropriate certificate and

7-9 successfully complete the examination must be registered as

7-10 licensed dentists on the board register, as provided in this chapter,

7-11 and are entitled to receive a certificate of registration, signed by the

7-12 member of the Board who is a representative of the general public

7-13 and those members of the Board who are dentists.

7-14 Sec. 9. NRS 631.330 is hereby amended to read as follows:

7-15 631.330 1. Licenses must be renewed annually.

7-16 2. Except as otherwise provided in NRS 631.271:

7-17 (a) Each holder of a license to practice dentistry or dental

7-18 hygiene must, upon:

7-19 (1) Submission of the statement required pursuant to

7-20 NRS 631.225;

7-21 (2) [Payment] Except as otherwise provided in section 6 of

7-22 this act, payment of the required fee; and

7-23 (3) Submission of proof of completion of the required

7-24 continuing education,

7-25 be granted a renewal certificate which will authorize continuation of

7-26 the practice for 1 year.

7-27 (b) A licensee must comply with the provisions of this

7-28 subsection and subsection 1 on or before June 30. Failure to comply

7-29 with those provisions by June 30 of each year automatically

7-30 suspends the license, and it may be reinstated only upon payment of

7-31 the fee for reinstatement and compliance with the requirements of

7-32 this subsection.

7-33 3. If a license suspended pursuant to this section is not

7-34 reinstated within 12 months after suspension, it is automatically

7-35 revoked.

7-36 Sec. 10. NRS 631.330 is hereby amended to read as follows:

7-37 631.330 1. Licenses must be renewed annually.

7-38 2. Except as otherwise provided in NRS 631.271:

7-39 (a) Each holder of a license to practice dentistry or dental

7-40 hygiene must, upon

7-41 (1) Except as otherwise provided in section 6 of this act,

7-42 payment of the required fee ; and [submission]

8-1 (2) Submission of proof of completion of the required

8-2 continuing education,

8-3 be granted a renewal certificate which will authorize continuation of

8-4 the practice for 1 year.

8-5 (b) The annual renewal fee must be paid, and proof of

8-6 continuing education submitted on or before June 30. Failure to pay

8-7 the fee or submit the proof to the board by June 30 of each year

8-8 automatically suspends the license and it may be reinstated only

8-9 upon payment of the fee for reinstatement in addition to the annual

8-10 fee due and submission of proof of the required continuing

8-11 education.

8-12 3. If a license suspended pursuant to this section is not

8-13 reinstated within 12 months after suspension, it is automatically

8-14 revoked.

8-15 Sec. 11. NRS 631.345 is hereby amended to read as follows:

8-16 631.345 1. [The] Except as otherwise provided in section 6

8-17 of this act, the Board shall by regulation establish fees for the

8-18 performance of the duties imposed upon it by this chapter which

8-19 must not exceed the following amounts:

8-20 Examination fee for a license to practice dentistry $750

8-21 Examination fee for a license to practice dental

8-22 hygiene................................................. 150

8-23 Application fee for a specialist license125

8-24 Application fee for a limited or restricted license 125

8-25 Application and examination fee for a permit to

8-26 administer general anesthesia, conscious sedation or

8-27 deep sedation....................................... 500

8-28 Fee for any reinspection required by the Board to

8-29 maintain a permit to administer general anesthesia,

8-30 conscious sedation or deep sedation.. 250

8-31 Annual renewal fee for a permit to administer

8-32 general anesthesia, conscious sedation or deep

8-33 sedation................................................ 100

8-34 Fee for the inspection of a facility required by the

8-35 Board to renew a permit to administer general

8-36 anesthesia, conscious sedation or deep sedation 100

8-37 Annual license renewal fee for a general dentist or

8-38 specialist.............................................. 300

8-39 Annual license renewal fee for a dental hygienist 150

8-40 Annual license renewal fee for a limited license100

8-41 Annual license renewal fee for an inactive dentist 100

8-42 Annual license renewal fee for a retired or disabled

8-43 dentist..................................................... 25

9-1 Annual license renewal fee for an inactive dental

9-2 hygienist............................................... $25

9-3 Annual license renewal fee for a retired or disabled

9-4 dental hygienist....................................... 25

9-5 Reinstatement fee for a suspended license to

9-6 practice dentistry or dental hygiene..... 200

9-7 Reinstatement fee for a revoked license to practice

9-8 dentistry or dental hygiene................... 500

9-9 Reinstatement fee to return an inactive, retired or

9-10 disabled dentist or dental hygienist to active status200

9-11 Fee for the certification of a license..... 50

9-12 2. Except as otherwise provided in this subsection, the Board

9-13 shall charge a fee to review a course of continuing education for

9-14 accreditation. The fee must not exceed $150 per credit hour of the

9-15 proposed course. The Board shall not charge a nonprofit

9-16 organization or an agency of the State or of a political subdivision of

9-17 the State a fee to review a course of continuing education.

9-18 3. All fees prescribed in this section are payable in advance and

9-19 must not be refunded.

9-20 Sec. 12. NRS 631.350 is hereby amended to read as follows:

9-21 631.350 1. Except as otherwise provided in NRS 631.271

9-22 [and 631.347,] , 631.347 and section 6 of this act, the Board may:

9-23 (a) Refuse to issue a license to any person;

9-24 (b) Revoke or suspend the license or renewal certificate issued

9-25 by it to any person;

9-26 (c) Fine a person it has licensed;

9-27 (d) Place a person on probation for a specified period on any

9-28 conditions the Board may order;

9-29 (e) Issue a public reprimand to a person;

9-30 (f) Limit a person’s practice to certain branches of dentistry;

9-31 (g) Require a person to participate in a program to correct

9-32 alcohol or drug abuse or any other impairment;

9-33 (h) Require that a person’s practice be supervised;

9-34 (i) Require a person to perform community service without

9-35 compensation;

9-36 (j) Require a person to take a physical or mental examination or

9-37 an examination of his competence;

9-38 (k) Require a person to fulfill certain training or educational

9-39 requirements;

9-40 (l) Require a person to reimburse a patient; or

9-41 (m) Any combination thereof,

9-42 upon proof satisfactory to the Board that the person has engaged in

9-43 any of the activities listed in subsection 2.

10-1 2. The following activities may be punished as provided in

10-2 subsection 1:

10-3 (a) Engaging in the illegal practice of dentistry or dental

10-4 hygiene;

10-5 (b) Engaging in unprofessional conduct; or

10-6 (c) Violating any regulations adopted by the Board or the

10-7 provisions of this chapter.

10-8 3. The Board may delegate to a hearing officer or panel its

10-9 authority to take any disciplinary action pursuant to this chapter,

10-10 impose and collect fines therefor and deposit the money therefrom

10-11 in banks, credit unions or savings and loan associations in this state.

10-12 4. If a hearing officer or panel is not authorized to take

10-13 disciplinary action pursuant to subsection 3 and the Board deposits

10-14 the money collected from the imposition of fines with the State

10-15 Treasurer for credit to the State General Fund, it may present a

10-16 claim to the State Board of Examiners for recommendation to the

10-17 Interim Finance Committee if money is needed to pay attorney’s

10-18 fees or the costs of an investigation, or both.

10-19 Sec. 13. Chapter 633 of NRS is hereby amended by adding

10-20 thereto a new section to read as follows:

10-21 1. Except as otherwise provided in subsection 2 and NRS

10-22 633.315, the Board shall, without an examination required by

10-23 NRS 633.311, issue a limited license to practice osteopathic

10-24 medicine to a person who:

10-25 (a) At the time of his application, is licensed to practice

10-26 osteopathic medicine in another state or territory of the United

10-27 States, or the District of Columbia; and

10-28 (b) Is otherwise qualified to practice osteopathic medicine in

10-29 this state.

10-30 2. The Board shall not issue a limited license to a person:

10-31 (a) Whose license to practice osteopathic medicine has been

10-32 revoked or suspended; or

10-33 (b) Who has been refused a license or is involved in a

10-34 disciplinary action concerning his license to practice osteopathic

10-35 medicine,

10-36 in this state, another state or territory of the United States, or the

10-37 District of Columbia.

10-38 3. The holder of a limited license issued pursuant to this

10-39 section may only provide care or assistance gratuitously to patients

10-40 at a health care facility of a governmental entity or a nonprofit

10-41 organization.

10-42 4. The Board:

10-43 (a) Shall expeditiously consider each application for the

10-44 issuance of a limited license pursuant to this section; and

11-1 (b) Shall not charge or collect a fee for issuing or renewing a

11-2 limited license pursuant to this section.

11-3 5. As used in this section:

11-4 (a) “Gratuitously” has the meaning ascribed to it in

11-5 NRS 41.500.

11-6 (b) “Health care facility” has the meaning ascribed to it in

11-7 NRS 449.800.

11-8 Sec. 14. NRS 633.311 is hereby amended to read as follows:

11-9 633.311 Except as otherwise provided in NRS 633.315[,] and

11-10 section 13 of this act, an applicant for a license to practice

11-11 osteopathic medicine may be issued a license by the Board if:

11-12 1. He is 21 years of age or older;

11-13 2. He is a citizen of the United States or is lawfully entitled to

11-14 remain and work in the United States;

11-15 3. He is a graduate of a school of osteopathic medicine;

11-16 4. He:

11-17 (a) Has graduated from a school of osteopathic medicine before

11-18 1995 and has completed:

11-19 (1) A hospital internship; or

11-20 (2) One year of postgraduate training that complies with the

11-21 standards of intern training established by the American Osteopathic

11-22 Association;

11-23 (b) Has completed 3 years of postgraduate medical education as

11-24 a resident in the United States or Canada in a program approved by

11-25 the Board, the Bureau of Professional Education of the American

11-26 Osteopathic Association or the Accreditation Council for Graduate

11-27 Medical Education; or

11-28 (c) Is a resident who is enrolled in a postgraduate training

11-29 program in this state, has completed 24 months of the program and

11-30 has committed, in writing, that he will complete the program;

11-31 5. He applies for the license as provided by law;

11-32 6. He passes:

11-33 (a) All parts of the licensing examination of the National Board

11-34 of Osteopathic Medical Examiners;

11-35 (b) All parts of the licensing examination of the Federation of

11-36 State Medical Boards of the United States, Inc.;

11-37 (c) All parts of the licensing examination of the Board, a state,

11-38 territory or possession of the United States, or the District of

11-39 Columbia, and he is certified by a specialty board of the American

11-40 Osteopathic Association or by the American Board of Medical

11-41 Specialties; or

11-42 (d) A combination of the parts of the licensing examinations

11-43 specified in paragraphs (a), (b) and (c) of this subsection that is

11-44 approved by the Board;

12-1 7. He submits the statement required pursuant to the provisions

12-2 of NRS 633.326; and

12-3 8. He pays the fees provided for in this chapter.

12-4 Sec. 15. NRS 633.311 is hereby amended to read as follows:

12-5 633.311 Except as otherwise provided in NRS 633.315[,] and

12-6 section 13 of this act, an applicant for a license to practice

12-7 osteopathic medicine may be issued a license by the Board if:

12-8 1. He is 21 years of age or older;

12-9 2. He is a citizen of the United States or is lawfully entitled to

12-10 remain and work in the United States;

12-11 3. He is a graduate of a school of osteopathic medicine;

12-12 4. He:

12-13 (a) Has graduated from a school of osteopathic medicine before

12-14 1995 and has completed:

12-15 (1) A hospital internship; or

12-16 (2) One year of postgraduate training that complies with the

12-17 standards of intern training established by the American Osteopathic

12-18 Association;

12-19 (b) Has completed 3 years of postgraduate medical education as

12-20 a resident in the United States or Canada in a program approved by

12-21 the Board, the Bureau of Professional Education of the American

12-22 Osteopathic Association or the Accreditation Council for Graduate

12-23 Medical Education; or

12-24 (c) Is a resident who is enrolled in a postgraduate training

12-25 program in this state, has completed 24 months of the program and

12-26 has committed, in writing, that he will complete the program;

12-27 5. He applies for the license as provided by law;

12-28 6. He passes:

12-29 (a) All parts of the licensing examination of the National Board

12-30 of Osteopathic Medical Examiners;

12-31 (b) All parts of the licensing examination of the Federation of

12-32 State Medical Boards of the United States, Inc.;

12-33 (c) All parts of the licensing examination of the Board, a state,

12-34 territory or possession of the United States, or the District of

12-35 Columbia, and he is certified by a specialty board of the American

12-36 Osteopathic Association or by the American Board of Medical

12-37 Specialties; or

12-38 (d) A combination of the parts of the licensing examinations

12-39 specified in paragraphs (a), (b) and (c) of this subsection that is

12-40 approved by the Board; and

12-41 7. He pays the fees provided for in this chapter.

12-42 Sec. 16. NRS 633.321 is hereby amended to read as follows:

12-43 633.321 1. Every applicant for a license shall:

12-44 (a) File an application with the Board in the manner prescribed

12-45 by regulations of the Board;

13-1 (b) Submit verified proof satisfactory to the Board that he meets

13-2 the age, citizenship and educational requirements prescribed by this

13-3 chapter; and

13-4 (c) [Pay] Except as otherwise provided in section 13 of this act,

13-5 pay in advance to the Board the application and initial license fee

13-6 specified in this chapter.

13-7 2. An application filed with the Board pursuant to subsection 1

13-8 must include the social security number of the applicant.

13-9 3. The Board may hold hearings and conduct investigations

13-10 into any matter related to the application and, in addition to the

13-11 proofs required by subsection 1, may take such further evidence and

13-12 require such other documents or proof of qualifications as it deems

13-13 proper.

13-14 4. The Board may reject an application if it appears that any

13-15 credential submitted is false.

13-16 Sec. 17. NRS 633.321 is hereby amended to read as follows:

13-17 633.321 1. Every applicant for a license shall:

13-18 (a) File an application with the Board in the manner prescribed

13-19 by regulations of the Board;

13-20 (b) Submit verified proof satisfactory to the Board that he meets

13-21 the age, citizenship and educational requirements prescribed by this

13-22 chapter; and

13-23 (c) [Pay] Except as otherwise provided in section 13 of this act,

13-24 pay in advance to the Board the application and initial license fee

13-25 specified in this chapter.

13-26 2. The Board may hold hearings and conduct investigations

13-27 into any matter related to the application and in addition to the

13-28 proofs required by subsection 1 may take such further evidence and

13-29 require such other documents or proof of qualifications as it deems

13-30 proper.

13-31 3. The Board may reject an application if it appears that any

13-32 credential submitted is false.

13-33 Sec. 18. NRS 633.471 is hereby amended to read as follows:

13-34 633.471 1. Except as otherwise provided in subsection 3 and

13-35 in NRS 633.491, every holder of a license issued under this chapter,

13-36 except a temporary or a special license, may renew his license on or

13-37 before January 1 of each calendar year after its issuance by:

13-38 (a) Applying for renewal on forms provided by the Board;

13-39 (b) Submitting the statement required pursuant to NRS 633.326;

13-40 (c) [Paying] Except as otherwise provided in section 13 of this

13-41 act, paying the annual license renewal fee specified in this chapter;

13-42 (d) Submitting a list of all actions filed or claims submitted to

13-43 arbitration or mediation for malpractice or negligence against him

13-44 during the previous year; and

14-1 (e) Submitting verified evidence satisfactory to the Board that in

14-2 the year preceding the application for renewal he has attended

14-3 courses or programs of continuing education approved by the Board

14-4 totaling a number of hours established by the Board which must not

14-5 be less than 35 hours nor more than that set in the requirements for

14-6 continuing medical education of the American Osteopathic

14-7 Association.

14-8 2. The Secretary of the Board shall notify each licensee of the

14-9 requirements for renewal not less than 30 days before the date of

14-10 renewal.

14-11 3. Members of the Armed Forces of the United States and the

14-12 United States Public Health Service are exempt from payment of the

14-13 annual license renewal fee during their active duty status.

14-14 Sec. 19. NRS 633.471 is hereby amended to read as follows:

14-15 633.471 1. Except as otherwise provided in subsection 3 and

14-16 in NRS 633.491, every holder of a license issued under this chapter,

14-17 except a temporary or a special license, may renew his license on or

14-18 before January 1 of each calendar year after its issuance by:

14-19 (a) Applying for renewal on forms provided by the Board;

14-20 (b) [Paying] Except as otherwise provided in section 13 of this

14-21 act, paying the annual license renewal fee specified in this chapter;

14-22 (c) Submitting a list of all actions filed or claims submitted to

14-23 arbitration or mediation for malpractice or negligence against him

14-24 during the previous year; and

14-25 (d) Submitting verified evidence satisfactory to the Board that in

14-26 the year preceding the application for renewal he has attended

14-27 courses or programs of continuing education approved by the Board

14-28 totaling a number of hours established by the Board which must not

14-29 be less than 35 hours nor more than that set in the requirements for

14-30 continuing medical education of the American Osteopathic

14-31 Association.

14-32 2. The Secretary of the Board shall notify each licensee of the

14-33 requirements for renewal not less than 30 days before the date of

14-34 renewal.

14-35 3. Members of the Armed Forces of the United States and the

14-36 United States Public Health Service are exempt from payment of the

14-37 annual license renewal fee during their active duty status.

14-38 Sec. 20. NRS 633.501 is hereby amended to read as follows:

14-39 633.501 [The] Except as otherwise provided in section 13 of

14-40 this act, the Board shall charge and collect fees not to exceed the

14-41 following amounts:

14-42 .............. 1. Application and initial license fee.. $500

14-43 ......................... 2. Annual license renewal fee.. 300

14-44 ................................. 3. Temporary license fee.. 100

15-1 4. Special license fee.. $100

15-2 5. Special license renewal fee.. 100

15-3 6. Reexamination fee.. 200

15-4 7. Late payment fee.. 100

15-5 8. For a certificate as an osteopathic physician’s

15-6 assistant....................................................... 200

15-7 9. Renewal of a certificate as an osteopathic physician’s

15-8 assistant....................................................... 100

15-9 10. For an application to employ an osteopathic

15-10 physician’s assistant................................... 200

15-11 Sec. 21. NRS 41.505 is hereby amended to read as follows:

15-12 41.505 1. Any physician or registered nurse who in good

15-13 faith gives instruction or provides supervision to an emergency

15-14 medical attendant or registered nurse, at the scene of an emergency

15-15 or while transporting an ill or injured person from the scene of an

15-16 emergency, is not liable for any civil damages as a result of any act

15-17 or omission, not amounting to gross negligence, in giving that

15-18 instruction or providing that supervision. An emergency medical

15-19 attendant, registered nurse or licensed practical nurse who obeys an

15-20 instruction given by a physician, registered nurse or licensed

15-21 practical nurse and thereby renders emergency care, at the scene of

15-22 an emergency or while transporting an ill or injured person from the

15-23 scene of an emergency, is not liable for any civil damages as a result

15-24 of any act or omission, not amounting to gross negligence, in

15-25 rendering that emergency care.

15-26 2. Except as otherwise provided in subsection 3, any person

15-27 licensed under the provisions of chapter 630, 632 or 633 of NRS and

15-28 any person who holds an equivalent license issued by another state,

15-29 who renders emergency care or assistance in an emergency,

15-30 gratuitously and in good faith, is not liable for any civil damages as

15-31 a result of any act or omission, not amounting to gross negligence,

15-32 by him in rendering the emergency care or assistance or as a result

15-33 of any failure to act, not amounting to gross negligence, to provide

15-34 or arrange for further medical treatment for the injured or ill person.

15-35 This section does not excuse a physician or nurse from liability for

15-36 damages resulting from his acts or omissions which occur in a

15-37 licensed medical facility relative to any person with whom there is a

15-38 preexisting relationship as a patient.

15-39 3. Any person licensed under the provisions of chapter 630,

15-40 632 or 633 of NRS and any person who holds an equivalent license

15-41 issued by another state who renders emergency obstetrical care or

15-42 assistance to a pregnant woman during labor or the delivery of the

15-43 child is not liable for any civil damages as a result of any act or

15-44 omission by him in rendering that care or assistance if:

16-1 (a) The care or assistance is rendered in good faith and in a

16-2 manner not amounting to gross negligence or reckless, willful or

16-3 wanton conduct;

16-4 (b) The person has not previously provided prenatal or

16-5 obstetrical care to the woman; and

16-6 (c) The damages are reasonably related to or primarily caused

16-7 by a lack of prenatal care received by the woman.

16-8 A licensed medical facility in which such care or assistance is

16-9 rendered is not liable for any civil damages as a result of any act or

16-10 omission by the person in rendering that care or assistance if that

16-11 person is not liable for any civil damages pursuant to this subsection

16-12 and the actions of the medical facility relating to the rendering of

16-13 that care or assistance do not amount to gross negligence or

16-14 reckless, willful or wanton conduct.

16-15 4. Any person licensed under the provisions of chapter 630,

16-16 632 or 633 of NRS and any person who holds an equivalent license

16-17 issued by another state who:

16-18 (a) Is retired or otherwise does not practice on a full-time basis;

16-19 and

16-20 (b) Gratuitously and in good faith, renders medical care within

16-21 the scope of his license to an indigent person,

16-22 is not liable for any civil damages as a result of any act or omission

16-23 by him, not amounting to gross negligence or reckless, willful or

16-24 wanton conduct, in rendering that care.

16-25 5. Any person licensed to practice medicine under the

16-26 provisions of chapter 630 or 633 of NRS or licensed to practice

16-27 dentistry under the provisions of chapter 631 of NRS who renders

16-28 care or assistance to a patient at a health care facility of a

16-29 governmental entity or a nonprofit organization is [not liable for]

16-30 immune from any civil action for damages as a result of any act or

16-31 omission by him in rendering that care or assistance if the care or

16-32 assistance is rendered gratuitously, in good faith and in a manner not

16-33 amounting to gross negligence or reckless, willful or wanton

16-34 conduct.

16-35 6. As used in this section:

16-36 (a) “Emergency medical attendant” means a person licensed as

16-37 an attendant or certified as an emergency medical technician,

16-38 intermediate emergency medical technician or advanced emergency

16-39 medical technician pursuant to chapter 450B of NRS.

16-40 (b) “Gratuitously” has the meaning ascribed to it in NRS 41.500.

16-41 (c) “Health care facility” has the meaning ascribed to it in

16-42 NRS 449.800.

16-43 Sec. 22. 1. This section and sections 1, 2, 3, 5, 6, 7, 9, 11 to

16-44 14, inclusive, 16, 18, 20 and 21 of this act become effective on

16-45 July 1, 2003.

17-1 2. Section 7 of this act expires by limitation on September 30,

17-2 2005.

17-3 3. Section 8 of this act becomes effective at 12:01 a.m. on

17-4 October 1, 2005.

17-5 4. Sections 3, 9, 14, 16 and 18 of this act expire by limitation

17-6 on the date on which the provisions of 42 U.S.C. § 666 requiring

17-7 each state to establish procedures under which the state has

17-8 authority to withhold or suspend, or to restrict the use of

17-9 professional, occupational and recreational licenses of persons who:

17-10 (a) Have failed to comply with a subpoena or warrant relating to

17-11 a proceeding to determine the paternity of a child or to establish or

17-12 enforce an obligation for the support of a child; or

17-13 (b) Are in arrears in the payment for the support of one or more

17-14 children,

17-15 are repealed by the Congress of the United States.

17-16 5. Sections 4, 10, 15, 17 and 19 of this act become effective on

17-17 the date on which the provisions of 42 U.S.C. § 666 requiring each

17-18 state to establish procedures under which the state has authority to

17-19 withhold or suspend, or to restrict the use of professional,

17-20 occupational and recreational licenses of persons who:

17-21 (a) Have failed to comply with a subpoena or warrant relating to

17-22 a proceeding to determine the paternity of a child or to establish or

17-23 enforce an obligation for the support of a child; or

17-24 (b) Are in arrears in the payment for the support of one or more

17-25 children,

17-26 are repealed by the Congress of the United States.

17-27 H