SB250_EN

Senate Bill No. 250–Senators Townsend and O’Connell

CHAPTER..........

AN ACT relating to regulated businesses and professions; enacting certain provisions that are applicable to all regulatory bodies that regulate occupations or professions in title 54 of NRS; providing that certain records of a regulatory body are public records; revising provisions relating to certain consent and settlement agreements; enacting provisions relating to attorney’s fees and costs; establishing and revising various powers and duties of the Board of Medical Examiners and the State Board of Osteopathic Medicine; making various changes regarding the licensure of certain physicians; making various changes regarding the practice of chiropractic; revising the provisions governing the filing and approval of rates of certain insurers; making various changes relating to policies of malpractice insurance; requiring the Commissioner of Insurance to perform certain duties relating to policies of malpractice insurance; providing penalties; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 622 of NRS is hereby amended by adding

thereto the provisions set forth as sections 2 to 11, inclusive, of this

act.

Sec. 2. As used in this chapter, unless the context otherwise

requires, the words and terms defined in sections 3, 4 and 5 of this

act have the meanings ascribed to them in those sections.

Sec. 3. “License” mean any license, certificate, registration,

permit or similar type of authorization issued by a regulatory body.

Sec. 4. “Licensee” means a person who holds any license,

certificate, registration, permit or similar type of authorization

issued by a regulatory body.

Sec. 5. “Regulatory body” means:

1. Any agency, board or commission which has the authority

to regulate an occupation or profession pursuant to this title; and

2. Any officer of an agency, board or commission which has

the authority to regulate an occupation or profession pursuant to

this title.

Sec. 6. In regulating an occupation or profession pursuant to

this title, each regulatory body shall carry out and enforce the

provisions of this title for the protection and benefit of the public.

Sec. 7. If any provision of this title requires a regulatory

body to disclose information to the public in any proceeding or as

part of any record, such a provision does not apply to any personal

medical information or records of a patient that are confidential

or otherwise protected from disclosure by any other provision of

federal or state law.

Sec. 8. 1. The provisions of NRS 241.020 do not apply to

proceedings relating to an investigation conducted to determine

whether to proceed with disciplinary action against a licensee,

unless the licensee requests that the proceedings be conducted

pursuant to those provisions.

2. If the regulatory body decides to proceed with disciplinary

action against the licensee, all proceedings that are conducted

after that decision and are related to that disciplinary action are

subject to the provisions of NRS 241.020.

Sec. 9. 1. Except as otherwise provided in this section, a

regulatory body may not enter into a consent or settlement

agreement with a person who has allegedly committed a violation

of any provision of this title which the regulatory body has the

authority to enforce, any regulation adopted pursuant thereto or

any order of the regulatory body, unless the regulatory body

discusses and approves the terms of the agreement in a public

meeting.

2. A regulatory body that consists of one natural person may

enter into a consent or settlement agreement without complying

with the provisions of subsection 1 if:

(a) The regulatory body posts notice in accordance with the

requirements for notice for a meeting held pursuant to chapter

241 of NRS and the notice states that:

(1) The regulatory body intends to resolve the alleged

violation by entering into a consent or settlement agreement with

the person who allegedly committed the violation; and

(2) For the limited time set forth in the notice, any person

may request that the regulatory body conduct a public meeting to

discuss the terms of the consent or settlement agreement by

submitting a written request for such a meeting to the regulatory

body within the time prescribed in the notice; and

(b) At the expiration of the time prescribed in the notice, the

regulatory body has not received any requests for a public meeting

regarding the consent or settlement agreement.

3. If a regulatory body enters into a consent or settlement

agreement that is subject to the provisions of this section, the

agreement is a public record.

4. The provisions of this section do not apply to a consent or

settlement agreement between a regulatory body and a licensee

that provides for the licensee to enter a diversionary program for

the treatment of alcohol, chemical or substance abuse or

dependency.

Sec. 10. 1. A regulatory body may recover from a person

reasonable attorney’s fees and costs that are incurred by the

regulatory body as part of its investigative, administrative and

disciplinary proceedings against the person if the regulatory body:

(a) Enters a final order in which it finds that the person has

violated any provision of this title which the regulatory body has

the authority to enforce, any regulation adopted pursuant thereto

or any order of the regulatory body; or

(b) Enters into a consent or settlement agreement in which the

regulatory body finds or the person admits or does not contest that

the person has violated any provision of this title which the

regulatory body has the authority to enforce, any regulation

adopted pursuant thereto or any order of the regulatory body.

2. As used in this section, “costs” means:

(a) Costs of an investigation.

(b) Costs for photocopies, facsimiles, long distance telephone

calls and postage and delivery.

(d) Fees for expert witnesses and other witnesses at any

depositions or hearings.

(e) Fees for necessary interpreters at any depositions or

hearings.

(f) Fees for service and delivery of process and subpoenas.

(g) Expenses for research, including, without limitation,

reasonable and necessary expenses for computerized services for

legal research.

Sec. 11. A court shall award to a regulatory body reasonable

attorney’s fees and reasonable costs specified in NRS 18.005 that

are incurred by the regulatory body to bring or defend in any

action if:

1. The action relates to the imposition or recovery of an

administrative or civil remedy or penalty, the enforcement of any

subpoena issued by the regulatory body or the enforcement of any

provision of this title which the regulatory body has the authority

to enforce, any regulation adopted pursuant thereto or any order

of the regulatory body; and

2. The court determines that the regulatory body is the

prevailing party in the action.

Sec. 12. NRS 622.100 is hereby amended to read as follows:

622.100 1. Each [occupational licensing board] regulatory

body shall, on or before the 20th day of January, April, July and

October, submit to the Director of the Legislative Counsel Bureau a

summary of each disciplinary action taken by the regulatory body

during the immediately preceding calendar quarter against [the

holder of a license, certificate, registration or permit issued by the

occupational licensing board.] any licensee of the regulatory body.

2. The Director of the Legislative Counsel Bureau shall:

(a) Provide any information he receives pursuant to subsection 1

to a member of the public upon request;

(b) Cause a notice of the availability of such information to be

posted on the public website of the Nevada Legislature on the

Internet; and

pursuant to subsection 1 to the Legislative Commission quarterly,

unless otherwise directed by the Commission.

Sec. 13. NRS 622.110 is hereby amended to read as follows:

622.110 1. Each [occupational licensing board] regulatory

body shall, on or before November 1 of each even-numbered year,

submit a report of its activities to the Director of the Legislative

Counsel Bureau.

2. The report must include, without limitation:

(a) The number of licenses [, certificates, registrations and

permits, respectively,] issued by the [occupational licensing board]

regulatory body during the immediately preceding 2 fiscal years;

(b) A summary of the budget of the [occupational licensing

board] regulatory body during the immediately preceding 2 fiscal

years that is related to the duties of the [occupational licensing

board] regulatory body pursuant to this title, including, without

limitation, a description of all income and expenditures related to

such duties;

regulatory body during the immediately preceding 2 fiscal years

against [the holder of a license, certificate, registration or permit

issued by the occupational licensing board;] any licensee of the

regulatory body; and

(d) Any other information that is requested by the Director of

the Legislative Counsel Bureau or which the [occupational licensing

board] regulatory body determines would be helpful to the

Legislature in evaluating whether the continued existence of the

[occupational licensing board] regulatory body is necessary.

3. The Director of the Legislative Counsel Bureau shall

compile all the reports he receives and distribute copies of the

compilation to the Senate Standing Committee on Commerce and

Labor and the Assembly Standing Committee on Commerce and

Labor, which each shall review the compilation to determine

whether the continued existence of each [occupational licensing

board] regulatory body is necessary.

Sec. 14. NRS 623.131 is hereby amended to read as follows:

623.131 1. Except as otherwise provided in subsections 2, 3

and 4, the records of the Board which relate to:

(a) An employee of the Board;

(b) An examination given by the Board; or

compiled as a result of its investigation of those complaints and

charges,

are confidential.

2. The records described in subsection 1 may be disclosed,

pursuant to procedures established by regulation of the Board, to a

court or an agency of the Federal Government, any state, any

political subdivision of this state , or any other related professional

board or organization.

3. [Upon completion of an investigation by the Board, any

records of the Board described in paragraph (c) of subsection 1 are

public records only if:

(a) Disciplinary action is imposed by the Board as a result of the

investigation; or

(b) The person regarding whom the investigation was made

submits a written request to the Board requesting that the records be

made] The complaint or other document filed by the Board to

initiate disciplinary action and all other documents and

information considered by the Board when determining whether to

impose discipline are public records.

4. The Board may report to other related professional boards

and organizations an applicant’s score on an examination given by

the Board.

Sec. 15. NRS 623.270 is hereby amended to read as follows:

623.270 1. The Board may place the holder of any certificate

of registration issued pursuant to the provisions of this chapter on

probation, publicly reprimand him, fine him not more than $10,000,

suspend or revoke his license, impose the costs of investigation and

prosecution upon him or take any combination of these disciplinary

actions, if proof satisfactory to the Board is presented that:

(a) The certificate was obtained by fraud or concealment of a

material fact.

(b) The holder of the certificate has been found guilty by the

Board or by a court of justice of any fraud, deceit or concealment of

a material fact in his professional practice, or has been convicted by

a court of justice of a crime involving moral turpitude.

Board of incompetency, negligence or gross negligence in:

(1) The practice of architecture or residential design; or

(2) His practice as a registered interior designer.

(d) The holder of a certificate has affixed his signature or seal to

plans, drawings, specifications or other instruments of service which

have not been prepared by him or in his office, or under his

responsible control, or has permitted the use of his name to assist

any person who is not a registered architect, registered interior

designer or residential designer to evade any provision of this

chapter.

(e) The holder of a certificate has aided or abetted any

unauthorized person to practice:

(1) Architecture or residential design; or

(2) As a registered interior designer.

(f) The holder of the certificate has violated any law, regulation

or code of ethics pertaining to:

(1) The practice of architecture or residential design; or

(2) Practice as a registered interior designer.

(g) The holder of a certificate has failed to comply with an order

issued by the Board or has failed to cooperate with an investigation

conducted by the Board.

2. [If discipline is imposed pursuant to the provisions of this

section, the costs of the proceeding, including investigative costs

and attorney’s fees, may be recovered by the Board.

3.] The conditions for probation imposed pursuant to the

provisions of subsection 1 may include, but are not limited to:

(a) Restriction on the scope of professional practice.

(b) Peer review.

(d) Payment of restitution to each person who suffered harm or

loss.

[(e) Payment of all costs of the administrative investigation and

prosecution.

4.] 3. An order that imposes discipline and the findings of

fact and conclusions of law supporting that order are public

records.

4. The Board shall not privately reprimand the holder of any

certificate of registration issued pursuant to this chapter.

5. As used in this section:

(a) “Gross negligence” means conduct which demonstrates a

reckless disregard of the consequences affecting the life or property

of another person.

(b) “Incompetency” means conduct which, in:

(1) The practice of architecture or residential design; or

(2) Practice as a registered interior designer,

demonstrates a significant lack of ability, knowledge or fitness to

discharge a professional obligation.

professional care exercised generally by other members in:

(1) The profession of architecture or residential design; or

(2) Practice as a registered interior designer.

Sec. 16. Chapter 623A of NRS is hereby amended by adding

thereto a new section to read as follows:

1. Except as otherwise provided in this section, a complaint

filed with the Executive Director, 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 are confidential.

2. The complaint or other document filed by the Board to

initiate disciplinary action and all documents and information

considered by the Board when determining whether to impose

discipline are public records.

Sec. 17. NRS 623A.270 is hereby amended to read as follows:

623A.270 1. The Board may:

(a) Suspend or revoke a certificate of registration or certificate

to practice as a landscape architect intern;

(b) Refuse to renew a certificate of registration or certificate to

practice as a landscape architect intern;

practice as a landscape architect intern on probation;

(d) Issue a public reprimand to a holder of a certificate of

registration or certificate to practice as a landscape architect intern;

(e) Impose upon a holder of a certificate of registration or

certificate to practice as a landscape architect intern a fine of not

more than $5,000 for each violation of this chapter;

(f) Require a holder of a certificate of registration or certificate

to practice as a landscape architect intern to pay restitution; or

(g) [Require a holder of a certificate of registration or certificate

to practice as a landscape architect intern to pay the costs of an

investigation or prosecution; or

(h)] Take such other disciplinary action as the Board deems

appropriate,

if the holder of a certificate of registration or certificate to practice

as a landscape architect intern has committed any act set forth in

NRS 623A.280.

2. The conditions for probation imposed pursuant to the

provisions of subsection 1 may include, without limitation:

(a) Restriction on the scope of professional practice;

(b) Peer review;

(d) The payment of restitution to each person who suffered harm

or loss; and

(e) The payment of all costs of the administrative investigation

and prosecution.

3. [If the Board imposes discipline pursuant to the provisions

of this section, the Board may recover the costs of the proceeding,

including any investigative costs and attorney’s fees.

4.] An order that imposes discipline and the findings of fact

and conclusions of law supporting that order are public records.

4. The Board shall not issue a private reprimand to a holder

of a certificate of registration or certificate to practice as a

landscape architect intern.

5. The Board may adopt regulations setting forth a schedule of

fines for the purposes of paragraph (e) of subsection 1.

Sec. 18. Chapter 624 of NRS is hereby amended by adding

thereto a new section to read as follows:

1. Except as otherwise provided in this section, a complaint

filed with the Board, all documents and other information filed

with the complaint and all documents and other information

compiled as a result of the investigation conducted to determine

whether to initiate disciplinary action are confidential.

2. The complaint or other document filed by the Board to

initiate disciplinary action and all documents and information

considered by the Board when determining whether to impose

discipline are public records.

Sec. 19. NRS 624.110 is hereby amended to read as follows:

624.110 1. The Board may maintain offices in as many

localities in the State as it finds necessary to carry out the provisions

of this chapter, but it shall maintain one office in which there must

be at all times open to public inspection a complete record of

applications, licenses issued, licenses renewed and all revocations,

cancellations and suspensions of licenses.

2. [Credit] Except as otherwise required in section 18 of this

act, credit reports, references, [investigative memoranda,] financial

information and data pertaining to a licensee’s net worth are

confidential and not open to public inspection.

Sec. 20. NRS 624.291 is hereby amended to read as follows:

624.291 1. Except as otherwise provided in subsection 4, if

the Board suspends or revokes a license, has probable cause to

believe that a person has violated NRS 624.720 or imposes an

administrative fine pursuant to NRS 624.710, the Board shall hold a

hearing. The time and place for the hearing must be fixed by the

Board, and notice of the time and place of the hearing must be

personally served on the applicant or accused or mailed to the last

known address of the applicant or accused at least 21 days before

the date fixed for the hearing.

2. The testimony taken pursuant to NRS 624.170 to 624.210,

inclusive, must be considered a part of the record of the hearing

before the Board.

3. [The] Except as otherwise provided in section 8 of this act,

the hearing must be public if a request is made therefor.

4. The Board may suspend the license of a contractor without a

hearing if the Board finds, based upon evidence in its possession,

that the public health, safety or welfare imperatively requires

summary suspension of the license of the contractor and

incorporates that finding in its order. If the Board summarily

suspends the license of the contractor, the Board must notify the

contractor by certified mail. A hearing must be held within 60 days

after the suspension if the contractor submits a written request for a

hearing to the Board within 20 days after the Board summarily

suspends his license.

Sec. 21. NRS 624.300 is hereby amended to read as follows:

624.300 1. Except as otherwise provided in subsection 3, the

Board may:

(a) Suspend or revoke licenses already issued;

(b) Refuse renewals of licenses;

license;

(d) Impose an administrative fine of not more than $10,000;

(e) Order a licensee to repay to the account established pursuant

to NRS 624.470, any amount paid out of the account pursuant to

NRS 624.510 as a result of an act or omission of that licensee;

(f) Order the licensee to take action to correct a condition

resulting from an act which constitutes a cause for disciplinary

action, at the licensee’s cost, that may consist of requiring the

licensee to:

(1) Perform the corrective work himself;

(2) Hire and pay another licensee to perform the corrective

work; or

(3) Pay to the owner of the construction project a specified

sum to correct the condition; or

(g) [Reprimand] Issue a public reprimand or take other less

severe disciplinary action, including, without limitation, increasing

the amount of the surety bond or cash deposit of the licensee,

if the licensee commits any act which constitutes a cause for

disciplinary action.

2. If the Board suspends or revokes the license of a contractor

for failure to establish financial responsibility, the Board may, in

addition to any other conditions for reinstating or renewing the

license, require that each contract undertaken by the licensee for a

period to be designated by the Board, not to exceed 12 months, be

separately covered by a bond or bonds approved by the Board and

conditioned upon the performance of and the payment of labor and

materials required by the contract.

3. If a licensee violates the provisions of NRS 624.3014 or

subsection 3 of NRS 624.3015, the Board may impose an

administrative fine of not more than $20,000.

4. If a licensee commits a fraudulent act which is a cause for

disciplinary action under NRS 624.3016, the correction of any

condition resulting from the act does not preclude the Board from

taking disciplinary action.

5. If the Board finds that a licensee has engaged in repeated

acts that would be cause for disciplinary action, the correction of

any resulting conditions does not preclude the Board from taking

disciplinary action pursuant to this section.

6. 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.

7. [If discipline is imposed pursuant to this section, including

any discipline imposed pursuant to a stipulated settlement, the costs

of the proceeding, including investigative costs and attorney’s fees,

may be recovered by the Board.] The Board shall not issue a

private reprimand to a licensee.

8. An order that imposes discipline and the findings of fact

and conclusions of law supporting that order are public records.

9. All fines collected pursuant to this section must be deposited

with the State Treasurer for credit to the Construction Education

Account created pursuant to NRS 624.580.

Sec. 22. NRS 625.425 is hereby amended to read as follows:

625.425 1. Any information obtained during the course of an

investigation by the Board and any record of an investigation is

confidential . [until the investigation is completed.] If no

disciplinary action is taken against a licensee, an applicant for

licensure, an intern or an applicant for certification as an intern, or

no civil penalty is imposed pursuant to NRS 625.590, the

information in his investigative file remains confidential. [If a

formal complaint is filed, all pleadings and evidence introduced at

the hearing] The complaint or other document filed by the Board

to initiate disciplinary action and all documents and information

considered by the Board when determining whether to impose

discipline are public records.

2. The provisions of this section do not prohibit the Board or

its employees from communicating and cooperating with another

licensing board or any other agency that is investigating a person.

Sec. 23. NRS 625.460 is hereby amended to read as follows:

625.460 1. If, after a hearing, a majority of the members of

the Board present at the hearing vote in favor of finding the accused

person guilty, the Board may:

[1.] (a) Revoke the license of the professional engineer or

professional land surveyor or deny a license to the applicant;

[2.] (b) Suspend the license of the professional engineer or

professional land surveyor;

[3.] (c) Fine the licensee or applicant for licensure not more

than $15,000 for each violation of a provision of this chapter or any

regulation adopted by the Board;

[4.] (d) Place the licensee or applicant for licensure on

probation for such periods as it deems necessary and, if the Board

deems appropriate, require the licensee or applicant for licensure to

pay restitution to clients or other persons who have suffered

economic losses as a result of a violation of the provisions of this

chapter or the regulations adopted by the Board; or

[5.] (e) Take such other disciplinary action as the Board deems

appropriate.

2. The Board shall not issue a private reprimand.

3. An order that imposes discipline and the findings of fact

and conclusions of law supporting that order are public records.

Sec. 24. Chapter 625A of NRS is hereby amended by adding

thereto a new section to read as follows:

1. Except as otherwise provided in this section, a complaint

filed with the Board, all documents and other information filed

with the complaint and all documents and other information

compiled as a result of an investigation conducted to determine

whether to initiate disciplinary action are confidential.

2. The complaint or other document filed by the Board to

initiate disciplinary action and all documents and information

considered by the Board when determining whether to impose

discipline are public records.

Sec. 25. NRS 625A.180 is hereby amended to read as follows:

625A.180 1. If the Board finds after a hearing, or after

providing an opportunity for a hearing, that disciplinary action is

necessary, it may by order:

(a) Place the environmental health specialist on probation for a

specified period or until further order of the Board;

(b) Administer a public [or private] reprimand; or

2. If the order places an environmental health specialist on

probation, the Board may impose such limitations or conditions

upon his professional activities as it finds consistent to protect the

public health.

3. The Board shall not administer a private reprimand.

4. An order that imposes discipline and the findings of fact

and conclusions of law supporting that order are public records.

Sec. 26. Chapter 628 of NRS is hereby amended by adding

thereto a new section to read as follows:

1. Except as otherwise provided in this section, a complaint

filed with the Board, all documents and other information filed

with the complaint and all documents and other information

compiled as a result of an investigation conducted to determine

whether to initiate disciplinary action are confidential.

2. The complaint or other document filed by the Board to

initiate disciplinary action and all documents and information

considered by the Board when determining whether to impose

discipline are public records.

Sec. 27. NRS 628.390 is hereby amended to read as follows:

628.390 1. After giving notice and conducting a hearing, the

Board may revoke, or may suspend for a period of not more than 5

years, any certificate issued under NRS 628.190 to 628.310,

inclusive, any registration or license granted to a registered public

accountant under NRS 628.350, or any registration of a partnership,

corporation, limited-liability company or office, or may revoke,

suspend or refuse to renew any permit issued under NRS 628.380,

or may publicly censure the holder of any permit, for any one or any

combination of the following causes:

(a) Fraud or deceit in obtaining a certificate as a certified public

accountant, or in obtaining registration or a license as a public

accountant under this chapter, or in obtaining a permit to practice

public accounting under this chapter.

(b) Dishonesty, fraud or gross negligence by a certified or

registered public accountant in the practice of public accounting or,

if not in the practice of public accounting, of a kind which adversely

affects the ability to perform public accounting.

(d) Violation of a regulation or rule of professional conduct

adopted by the Board under the authority granted by this chapter.

(e) Conviction of a felony under the laws of any state or of the

United States.

(f) Conviction of any crime, an element of which is dishonesty

or fraud, under the laws of any state or of the United States.

(g) Cancellation, revocation, suspension or refusal to renew

authority to practice as a certified public accountant or a registered

public accountant by any other state, for any cause other than failure

to pay an annual registration fee or to comply with requirements for

continuing education or review of his practice in the other state.

(h) Suspension or revocation of the right to practice before any

state or federal agency.

(i) Unless the person has been placed on inactive or retired

status, failure to obtain an annual permit under NRS 628.380,

within:

(1) Sixty days after the expiration date of the permit to

practice last obtained or renewed by the holder of a certificate or

registrant; or

(2) Sixty days after the date upon which the holder of a

certificate or registrant was granted his certificate or registration, if

no permit was ever issued to him, unless the failure has been

excused by the Board.

(j) Conduct discreditable to the profession of public accounting

or which reflects adversely upon the fitness of the person to engage

in the practice of public accounting.

(k) Making a false or misleading statement in support of an

application for a certificate, registration or permit of another person.

2. After giving notice and conducting a hearing, the Board may

deny an application to take the examination prescribed by the Board

pursuant to NRS 628.190, deny a person admission to such an

examination, invalidate a grade received for such an examination or

deny an application for a certificate issued pursuant to NRS 628.190

to 628.310, inclusive, to a person who has:

(a) Made any false or fraudulent statement, or any misleading

statement or omission relating to a material fact in an application:

(1) To take the examination prescribed by the Board pursuant

to NRS 628.190; or

(2) For a certificate issued pursuant to NRS 628.190 to

628.310, inclusive;

(b) Cheated on an examination prescribed by the Board pursuant

to NRS 628.190 or any such examination taken in another state or

jurisdiction of the United States;

the provisions of paragraph (a) or (b); or

(d) Committed any combination of the acts set forth in

paragraphs (a), (b) and (c).

3. In addition to other penalties prescribed by this section, the

Board may impose a civil penalty of not more than $5,000 for each

violation of this section.

4. The Board [may recover:

(a) Attorney’s fees and costs incurred with respect to a hearing

held pursuant to this section from a person who is found in violation

of any of the provisions of this section;

(b) Attorney’s fees and costs incurred in the recovery of a civil

penalty imposed pursuant to this section; and

violation.] shall not privately censure the holder of any permit,

license or certificate of registration.

5. An order that imposes discipline and the findings of fact

and conclusions of law supporting that order are public records.

Sec. 28. Chapter 630 of NRS is hereby amended by adding

thereto the provisions set forth as sections 29 to 41, inclusive, of this

act.

Sec. 29. 1. The Board shall employ a person as the

Executive Secretary of the Board.

2. The Executive Secretary serves as the chief administrative

officer of the Board at a level of compensation set by the Board.

3. The Executive Secretary is an at-will employee who serves

at the pleasure of the Board.

Sec. 30. 1. The Board may employ hearing officers,

experts, administrators, attorneys, investigators, consultants and

clerical personnel necessary to the discharge of its duties.

2. Each employee of the Board is an at-will employee who

serves at the pleasure of the Board. The Board may discharge an

employee of the Board for any reason that does not violate public

policy, including, without limitation, making a false representation

to the Board.

3. A hearing officer employed by the Board shall not act in

any other capacity for the Board or occupy any other position of

employment with the Board, and the Board shall not assign the

hearing officer any duties which are unrelated to the duties of a

hearing officer.

4. If a person resigns his position as a hearing officer or the

Board terminates the person from his position as a hearing

officer, the Board may not rehire the person in any position of

employment with the Board for a period of 2 years following the

date of the resignation or termination. The provisions of this

subsection do not give a person any right to be rehired by the

Board and do not permit the Board to rehire a person who is

prohibited from being employed by the Board pursuant to any

other provision of law.

Sec. 31. 1. Notwithstanding any other provision of law and

except as otherwise provided in this section, the Board shall not

adopt any regulations that prohibit or have the effect of

prohibiting a physician, physician assistant or practitioner of

respiratory care from collaborating or consulting with another

provider of health care.

2. The provisions of this section do not prevent the Board

from adopting regulations that prohibit a physician, physician

assistant or practitioner of respiratory care from aiding or abetting

another person in the unlicensed practice of medicine or the

unlicensed practice of respiratory care.

3. As used in this section, “provider of health care” has the

meaning ascribed to it in NRS 629.031.

Secs. 32 and 33. (Deleted by amendment.)

Sec. 34. 1. In addition to the other requirements for

licensure, an applicant for a license to practice 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

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.

Sec. 35. In addition to the other requirements for licensure,

an applicant for a license to practice medicine shall cause to be

submitted to the Board a certificate of completion of progressive

postgraduate training from the residency program where the

applicant received training.

Sec. 36. 1. If the Board has reason to believe that a person

has violated, is violating or is about to violate any provision of this

chapter, 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 has initiated 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.

Sec. 37. 1. Each person who holds a license issued

pursuant to this chapter and who accepts the privilege of

practicing medicine or respiratory care within this state pursuant

to the provisions of the license shall be deemed to have given his

consent to the revocation of the license at any time by the Board in

accordance with the provisions of this section.

2. The Board shall not revoke a license issued pursuant to

this chapter unless the Board finds by a preponderance of the

evidence that the licensee committed a material violation of:

(a) Any provision of NRS 630.161 or 630.301 to 630.3067,

inclusive; or

(b) Any condition, restriction or limitation imposed on the

license.

Sec. 38. 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.

Sec. 39. 1. A physician shall report to the Board:

(a) Any action for malpractice against the physician not later

than 45 days after the physician receives service of a summons

and complaint for the action;

(b) Any claim for malpractice against the physician that is

submitted to arbitration or mediation not later than 45 days after

the claim is submitted to arbitration or mediation;

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 physician that are

reportable to the National Practitioner Data Bank not later than

45 days after the sanctions are imposed.

2. If the Board finds that a physician has violated any

provision of this section, the Board may impose a fine of not more

than $5,000 against the physician for each violation, in addition to

any other fines or penalties permitted by law.

3. All reports made by a physician pursuant to this section are

public records.

Sec. 40. If the Board receives a report pursuant to the

provisions of NRS 630.3067, 690B.045, 690B.050 or section 39 of

this act indicating that a judgment has been rendered or an award

has been made against a physician regarding an action or claim

for malpractice or that such an action or claim against the

physician has been resolved by settlement, the Board shall conduct

an investigation to determine whether to impose disciplinary

action against the physician regarding the action or claim, unless

the Board has already commenced or completed such an

investigation regarding the action or claim before it receives the

report.

Sec. 41. 1. In addition to any other audits required of the

Board by law, the Legislative Commission shall issue to the

Federation of State Medical Boards of the United States, Inc., a

request for proposal to conduct regular performance audits of the

Board. After considering the response to the request for proposal,

if the Legislative Commission finds that the Federation of State

Medical Boards of the United States, Inc., has the ability to

conduct fair and impartial performance audits of the Board, the

Legislative Commission shall engage the services of the

Federation of State Medical Boards of the United States, Inc., to

conduct regular performance audits of the Board. If the

Legislative Commission finds that the Federation of State Medical

Boards of the United States, Inc., does not have the ability to

conduct fair and impartial performance audits of the Board or is

otherwise unable to conduct such performance audits, the

Legislative Commission shall direct the Audit Division of the

Legislative Counsel Bureau to conduct regular performance

audits of the Board.

2. The initial performance audit of the Board must be

commenced before October 1, 2003. After the initial performance

audit is completed, additional performance audits must be

conducted:

(a) Once every 8 years, for the preceding 8-year period; or

(b) Whenever ordered by the Legislative Commission, for the

period since the last performance audit was conducted pursuant to

this section.

3. A written report of the results of the initial performance

audit must be submitted to the Secretary of the Legislative

Commission not later than 60 days after the date that the initial

performance audit is commenced. A written report of the results of

each subsequent performance audit must be submitted to the

Secretary of the Legislative Commission as soon as practicable

after the date that the performance audit is commenced.

4. Upon receipt of the written report of the results of each

performance audit, the Secretary of the Legislative Commission

shall:

(a) Distribute the report to the members of the Legislative

Commission and to any other Legislator who requests a copy of

the report; and

(b) Not later than 30 days after receipt of the report, make the

report available to the public.

5. The Board shall pay all costs related to each performance

audit conducted pursuant to this section.

6. Any person who conducts a performance audit pursuant to

this section:

(a) Is directly responsible to the Legislative Commission;

(b) Must be sufficiently qualified to conduct the performance

audit; and

to NRS 218.825 or have been affiliated, in any way, with a person

who has conducted an audit of the Board pursuant to NRS

218.825.

7. Each performance audit conducted pursuant to this section

must include, without limitation, a comprehensive review and

evaluation of:

(a) The methodology and efficiency of the Board in

responding to complaints filed by the public against a licensee;

(b) The methodology and efficiency of the Board in

responding to complaints filed by a licensee against another

licensee;

investigations of licensees who have had two or more malpractice

claims filed against them within a period of 12 months;

(d) The methodology and efficiency of the Board in

conducting investigations of licensees who have been subject to

one or more peer review actions at a medical facility that resulted

in the licensee losing his professional privileges at the medical

facility for more than 30 days within a period of 12 months;

(e) The methodology and efficiency of the Board in taking

preventative steps or progressive actions to remedy or deter any

unprofessional conduct by a licensee before such conduct results

in a violation under this chapter that warrants disciplinary action;

and

(f) The managerial and administrative efficiency of the Board

in using the fees that it collects pursuant to this chapter.

Sec. 42. NRS 630.003 is hereby amended to read as follows:

630.003 1. The Legislature finds and declares that [it] :

(a) It is among the responsibilities of State Government to

ensure, as far as possible, that only competent persons practice

medicine and respiratory care within this state [. For this purpose,] ;

(b) For the protection and benefit of the public, the Legislature

delegates to the Board of Medical Examiners the power and duty [of

determining] to determine the initial and continuing competence of

[doctors of medicine,] physicians, physician assistants and

practitioners of respiratory care [in this state.] who are subject to

the provisions of this chapter;

that the interests of the medical profession do not outweigh the

interests of the public;

(d) The Board must ensure that unfit physicians, physician

assistants and practitioners of respiratory care are removed from

the medical profession so that they will not cause harm to the

public; and

(e) The Board must encourage and allow for public input into

its regulatory activities to further improve the quality of medical

practice within this state.

2. The powers conferred upon the Board by this chapter must

be liberally construed to carry out [this purpose.] these purposes for

the protection and benefit of the public.

Sec. 43. NRS 630.020 is hereby amended to read as follows:

630.020 “Practice of medicine” means:

1. To diagnose, treat, correct, prevent or prescribe for any

human disease, ailment, injury, infirmity, deformity or other

condition, physical or mental, by any means or instrumentality.

2. To apply principles or techniques of medical science in the

diagnosis or the prevention of any such conditions.

3. To perform any of the acts described in subsections 1 and 2

by using equipment that transfers information concerning the

medical condition of the patient electronically, telephonically or by

fiber optics.

4. To offer, undertake, attempt to do or hold oneself out as able

to do any of the acts described in subsections 1 and 2.

[5. To use in connection with a person’s name the words or

letters “M.D.,” or any other title, word, letter or other designation

intended to imply or designate him as a practitioner of medicine in

any of its branches, except in the manner authorized by NRS

630A.220.]

Sec. 44. NRS 630.045 is hereby amended to read as follows:

630.045 1. The purpose of licensing physicians, physician

assistants and practitioners of respiratory care is to protect the public

health and safety and the general welfare of the people of this state.

2. Any license issued pursuant to this chapter is a revocable

privilege [and no holder of] , but the Board may revoke such a

license [acquires thereby any vested right.] only in accordance with

the provisions of section 37 of this act.

Sec. 45. NRS 630.060 is hereby amended to read as follows:

630.060 1. Six members of the Board must be persons who

are licensed to practice medicine in this state, are actually engaged

in the practice of medicine in this state and have resided and

practiced medicine in this state for at least 5 years preceding their

respective appointments.

2. The remaining members must be persons who have resided

in this state for at least 5 years and who:

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

(b) Are not actively engaged in the administration of any facility

for the dependent as defined in chapter 449 of NRS, medical facility

or medical school; and

the healing arts, except as a patient or potential patient.

3. The members of the Board must be selected without regard

to their individual political beliefs.

4. The President of the Board shall conduct a training

[programs] program to assist new members of the Board in the

performance of their duties.

Sec. 46. NRS 630.100 is hereby amended to read as follows:

630.100 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. Meetings of the Board must be held at a location at which

members of the general public may testify via telephone or video

conference between Las Vegas and Carson City or Reno.

3. A majority of the Board, or of any committee or panel

appointed by the Board constitutes a quorum. If there is a quorum, a

vote of the majority of the members present is all that is necessary to

transact any business before the Board or the committee or panel

appointed by the Board.

Sec. 47. NRS 630.125 is hereby amended to read as follows:

630.125 The Board may[:

1. Maintain] maintain offices in as many localities in the State

as it finds necessary to carry out the provisions of this chapter.

[2. Employ hearing officers, experts, administrators, attorneys,

investigators, consultants and clerical personnel necessary to the

discharge of its duties.]

Sec. 48. NRS 630.130 is hereby amended to read as follows:

630.130 1. In addition to the other powers and duties

provided in this chapter, the Board shall[:] , in the interest of the

public, judiciously:

(a) Enforce the provisions of this chapter;

(b) Establish by regulation standards for licensure under this

chapter;

scoring for those examinations;

(d) Investigate the character of each applicant for a license and

issue licenses to those applicants who meet the qualifications set by

this chapter and the Board; and

(e) Institute a proceeding in any court to enforce its orders or the

provisions of this chapter.

2. 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 physicians for malpractice or negligence; and

(b) Information reported to the Board during the previous

biennium pursuant to NRS 630.3067, subsections 2 and 3 of NRS

630.307 and NRS 690B.045[.] and 690B.050 and section 39 of this

act.

The report must include only aggregate information for statistical

purposes and exclude any identifying information related to a

particular person.

3. The Board may adopt such regulations as are necessary or

desirable to enable it to carry out the provisions of this chapter.

Secs. 49 and 50. (Deleted by amendment.)

Sec. 51. NRS 630.261 is hereby amended to read as follows:

630.261 1. Except as otherwise provided in NRS 630.161,

the Board may issue:

(a) A locum tenens license, to be effective not more than 3

months after issuance, to any physician who is licensed and in good

standing in another state, who meets the requirements for licensure

in this state and who is of good moral character and reputation. The

purpose of this license is to enable an eligible physician to serve as a

substitute for another physician who is licensed to practice medicine

in this state and who is absent from his practice for reasons deemed

sufficient by the Board. A license issued pursuant to the provisions

of this paragraph is not renewable.

(b) A special license to a licensed physician of another state to

come into this state to care for or assist in the treatment of his own

patient in association with a physician licensed in this state. A

special license issued pursuant to the provisions of this paragraph is

limited to the care of a specific patient. The physician licensed in

this state has the primary responsibility for the care of that patient.

determines the applicant needs supervision or restriction.

(d) A temporary license for a specified period if the physician is

licensed and in good standing in another state and meets the

requirements for licensure in this state, and if the Board determines

that it is necessary in order to provide medical services for a

community without adequate medical care. A temporary license

issued pursuant to the provisions of this paragraph is not renewable.

(e) A special purpose license to a physician who is licensed in

another state to permit the use of equipment that transfers

information concerning the medical condition of a patient in this

state across state lines electronically, telephonically or by fiber

optics if the physician:

(1) Holds a full and unrestricted license to practice medicine

in that state;

(2) Has not had any disciplinary or other action taken against

him by any state or other jurisdiction; and

(3) Meets the requirement set forth in paragraph (d) of

subsection 2 of NRS 630.160.

2. Except as otherwise provided in this section, the Board may

renew or modify any license issued pursuant to subsection 1.

[3. Every physician who is licensed pursuant to subsection 1

and who accepts the privilege of practicing medicine in this state

pursuant to the provisions of the license shall be deemed to have

given his consent to the revocation of the license at any time by the

Board for any of the grounds provided in NRS 630.161 or 630.301

to 630.3065, inclusive.]

Sec. 52. NRS 630.301 is hereby amended to read as follows:

630.301 The following acts, among others, constitute grounds

for initiating disciplinary action or denying licensure:

1. Conviction of a felony . [, any offense involving moral

turpitude or any offense relating to the practice of medicine or the

ability to practice medicine.] A plea of nolo contendere is a

conviction for the purposes of this subsection.

2. Conviction of violating any of the provisions of NRS

616D.200, 616D.220, 616D.240, 616D.300, 616D.310[,] or

616D.350 to 616D.440, inclusive.

3. The revocation, suspension, modification or limitation of the

license to practice any type of medicine by any other jurisdiction or

the surrender of the license or discontinuing the practice of medicine

while under investigation by any licensing authority, a medical

facility, a branch of the Armed Services of the United States, an

insurance company, an agency of the Federal Government or an

employer.

4. Malpractice, which may be evidenced by claims settled

against a practitioner [.] , but only if such malpractice is

established by a preponderance of the evidence.

5. The engaging by a practitioner in any sexual activity with a

patient who is currently being treated by the practitioner.

6. Disruptive behavior with physicians, hospital personnel,

patients, members of the families of patients or any other persons if

the behavior interferes with patient care or has an adverse impact on

the quality of care rendered to a patient.

7. The engaging in conduct that violates the trust of a patient

and exploits the relationship between the physician and the patient

for financial or other personal gain.

8. The failure to offer appropriate procedures or studies, to

protest inappropriate denials by organizations for managed care, to

provide necessary services or to refer a patient to an appropriate

provider, when such a failure occurs with the intent of positively

influencing the financial well-being of the practitioner or an insurer.

9. The engaging in conduct that brings the medical profession

into disrepute, including, without limitation, conduct that violates

any provision of a national code of ethics adopted by the Board by

regulation.

10. The engaging in sexual contact with the surrogate of a

patient or other key persons related to a patient, including, without

limitation, a spouse, parent or legal guardian, which exploits the

relationship between the physician and the patient in a sexual

manner.

Sec. 53. NRS 630.3062 is hereby amended to read as follows:

630.3062 The following acts, among others, constitute grounds

for initiating disciplinary action or denying licensure:

1. Failure to maintain timely, legible, accurate and complete

medical records relating to the diagnosis, treatment and care of a

patient.

2. Altering medical records of a patient.

3. Making or filing a report which the licensee knows to be

false, failing to file a record or report as required by law or willfully

obstructing or inducing another to obstruct such filing.

4. Failure to make the medical records of a patient available for

inspection and copying as provided in NRS 629.061.

5. Failure to comply with the requirements of [NRS 630.3067.]

section 39 of this act.

6. 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.

Sec. 54. NRS 630.3067 is hereby amended to read as follows:

630.3067 1. The insurer of a physician licensed under this

chapter [and the physician must] shall report to the Board [any

action filed or claim] :

(a) Any action for malpractice against the physician not later

than 45 days after the physician receives service of a summons

and complaint for the action;

(b) Any claim for malpractice against the physician that is

submitted to arbitration or mediation [for malpractice or negligence

against the physician and the] not later than 45 days after the claim

is submitted to arbitration or mediation; and

any action or claim [within 30 days after:

(a) The action was filed or the claim was submitted to

arbitration or mediation; and

(b) The disposition of the 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.

Sec. 55. NRS 630.318 is hereby amended to read as follows:

630.318 1. If the Board or any investigative committee of the

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

raised a reasonable question as to his competence to practice

medicine with reasonable skill and safety to patients, or if the Board

has received a report pursuant to the provisions of NRS 630.3067,

690B.045, 690B.050 or section 39 of this act indicating that a

judgment has been rendered or an award has been made against a

physician regarding an action or claim for malpractice or that

such an action or claim against the physician has been resolved by

settlement, it may order that the physician undergo a mental or

physical examination or an examination testing his competence to

practice medicine by physicians or other examinations designated

by the Board to assist the Board or committee in determining the

fitness of the physician to practice medicine.

2. For the purposes of this section:

(a) Every physician who applies for a license or who is licensed

under this chapter shall be deemed to have given his consent to

submit to a mental or physical examination or an examination

testing his competence to practice medicine when ordered to do so

in writing by the Board.

(b) The testimony or reports of the examining physicians are not

privileged communications.

3. Except in extraordinary circumstances, as determined by the

Board, the failure of a physician licensed under this chapter to

submit to an examination when directed as provided in this section

constitutes an admission of the charges against him.

Sec. 56. NRS 630.333 is hereby amended to read as follows:

630.333 1. In addition to any other remedy provided by law,

the Board, through its President or Secretary-Treasurer or the

Attorney General, may apply to any court of competent jurisdiction:

(a) To enjoin any prohibited act or other conduct of a licensee

which is harmful to the public;

(b) To enjoin any person who is not licensed under this chapter

from practicing medicine or respiratory care;

practitioner of respiratory care, or suspend his license to practice; or

(d) To enjoin the use of the title [“M. D.,”] “P.A.,” “P.A.-C,”

“R.C.P.” or any other word, combination of letters or other

designation intended to imply or designate a person as a [physician,]

physician assistant or practitioner of respiratory care, when not

licensed by the Board pursuant to this chapter, unless the use is

otherwise authorized by a specific statute.

2. The court in a proper case may issue a temporary restraining

order or a preliminary injunction for the purposes set forth in

subsection 1:

(a) Without proof of actual damage sustained by any person;

(b) Without relieving any person from criminal prosecution for

engaging in the practice of medicine without a license; and

Sec. 57. NRS 630.336 is hereby amended to read as follows:

630.336 1. [Any proceeding of a committee of the Board

investigating complaints is not subject to the requirements of NRS

241.020, unless the licensee under investigation requests that the

proceeding be subject to those requirements.] Any deliberations

conducted or vote taken by[:

(a) The Board or panel regarding its decision; or

(b) The] the Board or any investigative committee of the Board

regarding its ordering of a physician, physician assistant or

practitioner of respiratory care to undergo a physical or mental

examination or any other examination designated to assist the Board

or committee in determining the fitness of a physician, physician

assistant or practitioner of respiratory care[,]are not subject to the

requirements of NRS 241.020.

2. Except as otherwise provided in subsection 3[,] or 4, all

applications for a license to practice medicine or respiratory care,

any charges filed by the Board, financial records of the Board,

formal hearings on any charges heard by the Board or a panel

selected by the Board, records of such hearings and any order or

decision of the Board or panel must be open to the public.

3. [Except as otherwise provided in NRS 630.352 and 630.368,

the] The following may be kept confidential:

(a) Any statement, evidence, credential or other proof submitted

in support of or to verify the contents of an application;

(b) [All investigations and records of investigations;

(c)] Any report concerning the fitness of any person to receive

or hold a license to practice medicine or respiratory care;

[(d)] and

(1) The Board and any of its committees or panels; and

(2) The Board or its staff, investigators, experts, committees,

panels, hearing officers, advisory members or consultants and

counsel for the [Board; and

(e) Any other information or records in the possession of the]

Board.

4. Except as otherwise provided in subsection 5, a complaint

filed with the Board pursuant to NRS 630.307, 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 are

confidential.

5. The complaint or other document filed by the Board to

initiate disciplinary action and all documents and information

considered by the Board when determining whether to impose

discipline are public records.

6. This section does not prevent or prohibit the Board from

communicating or cooperating with any other licensing board or

agency or any agency which is investigating a licensee, including a

law enforcement agency. Such cooperation may include, without

limitation, providing the board or agency with minutes of a closed

meeting, transcripts of oral examinations and the results of oral

examinations.

Sec. 58. NRS 630.352 is hereby amended to read as follows:

630.352 1. Any member of the Board, except for an advisory

member serving on a panel of the Board hearing charges, may

participate in the final order of the Board. If the Board, after a

formal hearing, determines from a preponderance of the evidence

that a violation of the provisions of this chapter or of the regulations

of the Board has occurred, it shall issue and serve on the physician

charged an order, in writing, containing its findings and any

sanctions.

2. If the Board determines that no violation has occurred, it

shall dismiss the charges, in writing, and notify the physician that

the charges have been dismissed. If the disciplinary proceedings

were instituted against the physician as a result of a complaint filed

against him, the Board may provide the physician with a copy of the

complaint.

3. Except as otherwise provided in subsection 4, if the Board

finds that a violation has occurred, it [may] shall by order [:] take

one or more of the following actions:

(a) Place the person on probation for a specified period on any

of the conditions specified in the order;

(b) Administer to him a public reprimand;

of medicine from his practice;

(d) Suspend his license for a specified period or until further

order of the Board;

(e) Revoke his license to practice medicine[;] , but only in

accordance with the provisions of section 37 of this act;

(f) Require him to participate in a program to correct alcohol or

drug dependence or any other impairment;

(g) Require supervision of his practice;

(h) Impose a fine not to exceed $5,000;

(i) Require him to perform community service without

compensation;

(j) Require him to take a physical or mental examination or an

examination testing his competence; and

(k) Require him to fulfill certain training or educational

requirements . [; and

(l) Require him to pay all costs incurred by the Board relating to

his disciplinary proceedings.]

4. If the Board finds that the physician has violated the

provisions of NRS 439B.425, the Board shall suspend his license for

a specified period or until further order of the Board.

5. The Board shall not administer a private reprimand if the

Board finds that a violation has occurred.

6. An order that imposes discipline and the findings of fact

and conclusions of law supporting that order are public records.

Sec. 59. NRS 630.400 is hereby amended to read as follows:

630.400 A person who:

1. Presents to the Board as his own the diploma, license or

credentials of another;

2. Gives either false or forged evidence of any kind to the

Board;

3. Practices medicine or respiratory care under a false or

assumed name or falsely personates another licensee;

4. Except as otherwise provided by specific statute, practices

medicine or respiratory care without being licensed under this

chapter;

5. Holds himself out as a physician assistant or uses any other

term indicating or implying that he is a physician assistant without

being licensed by the Board; or

6. Holds himself out as a practitioner of respiratory care or uses

any other term indicating or implying that he is a practitioner of

respiratory care without being licensed by the Board , [; or

7. Uses the title “M.D.”:

(a) Without having been awarded such a degree; or

(b) When not authorized by a specific statute,]

is guilty of a category D felony and shall be punished as provided in

NRS 193.130.

Sec. 60. NRS 630A.510 is hereby amended to read as follows:

630A.510 1. Any member of the Board who was not a

member of the investigative committee, if one was appointed, may

participate in the final order of the Board. If the Board, after a

formal hearing, determines that a violation of the provisions of this

chapter or the regulations adopted by the Board has occurred, it

shall issue and serve on the person charged an order, in writing,

containing its findings and any sanctions imposed by the Board. If

the Board determines that no violation has occurred, it shall dismiss

the charges, in writing, and notify the person that the charges have

been dismissed.

2. If the Board finds that a violation has occurred, it may by

order:

(a) Place the person on probation for a specified period on any

of the conditions specified in the order.

(b) Administer to the person a public reprimand.

treatment from the scope of his practice.

(d) Suspend the license of the person for a specified period or

until further order of the Board.

(e) Revoke the license of the person to practice homeopathic

medicine.

(f) Require the person to participate in a program to correct a

dependence upon alcohol or a controlled substance, or any other

impairment.

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

(h) Impose an administrative fine not to exceed $10,000.

(i) Require the person to perform community service without

compensation.

(j) Require the person to take a physical or mental examination

or an examination of his competence to practice homeopathic

medicine.

(k) Require the person to fulfill certain training or educational

requirements.

[(l) Require the person to pay the costs of the investigation and

hearing.]

3. The Board shall not administer a private reprimand.

4. An order that imposes discipline and the findings of fact

and conclusions of law supporting that order are public records.

Sec. 61. NRS 630A.555 is hereby amended to read as follows:

630A.555 1. Except as otherwise provided in [subsection 2,]

this section, any records or information obtained during an

investigation by the Board and any record of the investigation are

confidential . [until the investigation is completed. Upon completion

of the investigation, the information and records are public records

if:

(a) Disciplinary action is imposed by the Board as a result of the

investigation; or

(b) The person regarding whom the investigation was made

submits a written request to the Board asking that the information

and records be made public records.]

2. The complaint or other document filed by the Board to

initiate disciplinary action and all documents and information

considered by the Board when determining whether to impose

discipline are public records.

3. The Board may provide any record or information described

in subsection 1 to any other licensing board or agency, including a

law enforcement agency, which is investigating a person who is

licensed pursuant to this chapter.

Sec. 62. NRS 631.350 is hereby amended to read as follows:

631.350 1. Except as otherwise provided in NRS 631.271

and 631.347, the Board may:

(a) Refuse to issue a license to any person;

(b) Revoke or suspend the license or renewal certificate issued

by it to any person;

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

conditions the Board may order;

(e) Issue a public reprimand to a person;

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

(g) Require a person to participate in a program to correct

alcohol or drug abuse or any other impairment;

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

(i) Require a person to perform community service without

compensation;

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

an examination of his competence;

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

requirements;

(l) Require a person to reimburse a patient; or

(m) Any combination thereof,

upon proof satisfactory to the Board that the person has engaged in

any of the activities listed in subsection 2.

2. The following activities may be punished as provided in

subsection 1:

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

hygiene;

(b) Engaging in unprofessional conduct; or

provisions of this chapter.

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

authority to take any disciplinary action pursuant to this chapter,

impose and collect fines therefor and deposit the money therefrom

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

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

disciplinary action pursuant to subsection 3 and the Board deposits

the money collected from the imposition of fines with the State

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

claim to the State Board of Examiners for recommendation to the

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

fees or the costs of an investigation, or both.

5. The Board shall not administer a private reprimand.

6. An order that imposes discipline and the findings of fact

and conclusions of law supporting that order are public records.

Sec. 63. NRS 631.368 is hereby amended to read as follows:

631.368 1. Except as otherwise provided in [subsection 2,]

this section, any records or information obtained during the course

of an investigation by the Board and any record of the investigation

are confidential . [until the investigation is completed. Upon

completion of the investigation the information and records are

public records, only if:

(a) Disciplinary action is imposed by the Board as a result of the

investigation; or

(b) The person regarding whom the investigation was made

submits a written request to the Board asking that the information

and records be made public records.]

2. The complaint or other document filed by the Board to

initiate disciplinary action and all documents and information

considered by the Board when determining whether to impose

discipline are public records.

3. The Board may provide any record or information described

in subsection 1 to any other licensing board or agency or any agency

which is investigating a person licensed pursuant to this chapter,

including a law enforcement agency.

Sec. 64. NRS 632.325 is hereby amended to read as follows:

632.325 1. If the Board determines that a licensee or holder

of a certificate has committed any of the acts set forth in NRS

632.320, it may take any one or more of the following disciplinary

actions:

(a) Place conditions, limitations or restrictions on his license or

certificate.

(b) Impose and collect an administrative fine of not more than

$5,000.

incurred by the Board relating to the discipline of the licensee or

holder of a certificate.

(d) Reprimand] Publicly reprimand the licensee or holder of a

certificate.

[(e)] (d) Accept the voluntary surrender of a license or

certificate in lieu of imposing any other disciplinary action set forth

in this subsection.

2. If the Board determines that:

(a) A person whose license or certificate is suspended or

voluntarily surrendered, or has been placed on an inactive list

pursuant to NRS 632.341, has committed, during the period his

license or certificate was valid, inactive or would have been valid if

not for the suspension or surrender; or

(b) An applicant for the renewal or reinstatement of a license or

certificate has committed, at any time after the most recent renewal

of his license or certificate or the issuance of his original license or

certificate if it has not been renewed,

any of the acts set forth in NRS 632.320, the Board may take any

one or more of the disciplinary actions set forth in subsection 1.

3. The Board shall not privately reprimand a licensee or

holder of a certificate.

4. An order that imposes discipline and the findings of fact

and conclusions of law supporting that order are public records.

Sec. 65. NRS 632.405 is hereby amended to read as follows:

632.405 1. [Any] Except as otherwise provided in this

section, any records or information obtained during the course of an

investigation by the Board and any record of the investigation are

confidential . [until the investigation is completed. Upon completion

of the investigation the information and records are public records,

only if:

(a) Disciplinary action is imposed by the Board as a result of the

investigation; or

(b) The person regarding whom the investigation was made

submits a written request to the Board asking that the information

and records be made public records.]

2. The complaint or other document filed by the Board to

initiate disciplinary action and all documents and information

considered by the Board when determining whether to impose

disciplinary action are public records.

3. This section does not prevent or prohibit the Board from

communicating or cooperating with another licensing board or any

agency that is investigating a licensee, including a law enforcement

agency.

Sec. 66. Chapter 633 of NRS is hereby amended by adding

thereto the provisions set forth as sections 67 to 73, inclusive, of this

act.

Sec. 67. 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

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.

Sec. 68. In addition to the other requirements for licensure,

an applicant shall cause to be submitted to the Board a certificate

of completion of progressive postgraduate training from the

residency program where the applicant received training.

Sec. 69. 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.

Sec. 70. 1. An osteopathic physician shall report to the

Board:

(a) Any action for malpractice against the osteopathic

physician not later than 45 days after the osteopathic physician

receives service of a summons and complaint for the action;

(b) Any claim for malpractice against the osteopathic

physician that is submitted to arbitration or mediation not later

than 45 days after the claim is submitted to arbitration or

mediation;

any action or claim described in paragraph (a) or (b) not later

than 45 days after the settlement, award, judgment or other

disposition; and

(d) Any sanctions imposed against the osteopathic physician

that are reportable to the National Practitioner Data Bank not

later than 45 days after the sanctions are imposed.

2. If the Board finds that an osteopathic physician has

violated any provision of this section, the Board may impose a fine

of not more than $5,000 against the osteopathic physician for each

violation, in addition to any other fines or penalties permitted by

law.

3. All reports made by an osteopathic physician pursuant to

this section are public records.

Sec. 71. If the Board receives a report pursuant to the

provisions of NRS 633.526, 690B.045, 690B.050 or section 70 of

this act indicating that a judgment has been rendered or an award

has been made against an osteopathic physician regarding an

action or claim for malpractice or that such an action or claim

against the osteopathic physician has been resolved by settlement,

the Board shall conduct an investigation to determine whether to

impose disciplinary action against the osteopathic physician

regarding the action or claim, unless the Board has already

commenced or completed such an investigation regarding the

action or claim before it receives the report.

Sec. 72. 1. If the Board receives a report pursuant to the

provisions of NRS 633.526, 690B.045, 690B.050 or section 70 of

this act indicating that a judgment has been rendered or an award

has been made against an osteopathic physician regarding an

action or claim for malpractice or that such an action or claim

against the osteopathic physician has been resolved by settlement,

the Board may order that the osteopathic physician undergo a

mental or physical examination or an examination testing his

competence to practice medicine by osteopathic physicians or

other examinations designated by the Board to assist the Board or

any investigative committee of the Board in determining the

fitness of the osteopathic physician to practice medicine.

2. For the purposes of this section:

(a) Every osteopathic physician who applies for a license or

who holds a license under this chapter shall be deemed to have

given his consent to submit to a mental or physical examination or

an examination testing his competence to practice medicine when

ordered to do so in writing by the Board.

(b) The testimony or reports of the examining osteopathic

physician are not privileged communications.

Sec. 73. (Deleted by amendment.)

Sec. 74. NRS 633.286 is hereby amended to read as follows:

633.286 1. On or before February 15 of each odd-numbered

year, the Board shall submit to the Governor and to the Director of

the Legislative Counsel Bureau for transmittal to the next regular

session of the Legislature a written report compiling:

(a) Disciplinary action taken by the Board during the previous

biennium against osteopathic physicians for malpractice or

negligence; and

(b) Information reported to the Board during the previous

biennium pursuant to NRS 633.526, subsections 2 and 3 of NRS

633.533 and NRS 690B.045[.] and 690B.050 and section 70 of this

act.

2. The report must include only aggregate information for

statistical purposes and exclude any identifying information related

to a particular person.

Sec. 75. NRS 633.301 is hereby amended to read as follows:

633.301 The Board shall keep a record of its proceedings

relating to licensing and disciplinary actions. [The record shall]

Except as otherwise provided in NRS 633.611, the record must be

open to public inspection at all reasonable times and [shall also]

contain the name, known place of business and residence, and the

date and number of the license of every osteopathic physician

licensed under this chapter.

Sec. 76. NRS 633.511 is hereby amended to read as follows:

633.511 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;

616D.220, 616D.240 or 616D.300 to 616D.440, inclusive; or

(d) Any offense involving moral turpitude.

3. The suspension of the license to practice osteopathic

medicine by any other jurisdiction.

4. Gross or repeated malpractice, which may be evidenced by

claims of malpractice settled against a practitioner.

5. Professional incompetence.

6. Failure to comply with the requirements of [NRS 633.526.]

section 70 of this act.

Sec. 77. NRS 633.526 is hereby amended to read as follows:

633.526 1. The insurer of an osteopathic physician licensed

under this chapter [and the osteopathic physician must] shall report

to the Board [any action filed or claim] :

(a) Any action for malpractice against the osteopathic

physician not later than 45 days after the osteopathic physician

receives service of a summons and complaint for the action;

(b) Any claim for malpractice against the osteopathic

physician that is submitted to arbitration or mediation [for

malpractice or negligence against the osteopathic physician and the]

not later than 45 days after the claim is submitted to arbitration or

mediation; and