Senate Bill No. 364–Senator Townsend, O’Connell, Schneider and Titus

 

March 17, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Makes various changes to provisions relating to investigations and proceedings for disciplinary action by regulatory bodies which regulate
certain professions, occupations and businesses. (BDR 54‑707)

 

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.

 

AN ACT relating to professions; creating a new chapter which provides certain provisions that are applicable to all regulatory bodies that regulate occupations or professions in title 54 of NRS; requiring regulatory bodies that regulate certain professions, occupations and businesses to maintain the confidentiality of certain records and proceedings relating to investigations under certain circumstances; requiring those regulatory bodies to make certain records and proceedings public under certain circumstances; requiring those regulatory bodies to hold a public meeting to discuss and approve the terms of certain consent agreements before entering into those agreements; creating an exception to such requirement; requiring any reprimand issued by those regulatory bodies to be public; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

 

 

2-1  Section 1. Title 54 of NRS is hereby amended by adding

2-2  thereto a new chapter to consist of the provisions set forth as

2-3  sections 2 to 5, inclusive, of this act.

2-4  Sec. 2.  As used in this chapter, unless the context otherwise

2-5  requires, “regulatory body” means any agency, board or

2-6  commission that has the authority to regulate an occupation or

2-7  profession pursuant to this title and any officer of an agency,

2-8  board or commission which has the authority to regulate an

2-9  occupation or profession pursuant to this title.

2-10      Sec. 3.  1.  If a regulatory body determines that a person has

2-11  violated a provision of the chapter which the regulatory body has

2-12  authority to enforce, the regulatory body may recover from the

2-13  person:

2-14      (a) Attorney’s fees and costs incurred by the regulatory body

2-15  relating to the disciplinary proceedings, including, without

2-16  limitation, the costs of the investigation, if any, and the costs of the

2-17  hearing at which the person was found to have committed the

2-18  violation; and

2-19      (b) Attorney’s fees and costs incurred by the regulatory body in

2-20  the recovery of a civil penalty.

2-21      2.  A regulatory body is entitled to an award of costs and any

2-22  attorney’s fees it incurred in:

2-23      (a) The enforcement of any subpoena for which a court

2-24  entered an order compelling compliance; and

2-25      (b) Any proceedings before a court for the enforcement of the

2-26  provisions of the chapter which the regulatory body has authority

2-27  to enforce.

2-28      Sec. 4.  The provisions of NRS 241.020 do not apply to

2-29  proceedings relating to an investigation conducted to determine

2-30  whether to proceed with disciplinary action against a holder of a

2-31  certificate, license or permit issued pursuant to this title unless

2-32   the holder of the certificate, license or permit requests that the

2-33  proceedings be conducted pursuant to those provisions. If the

2-34  regulatory body decides to proceed with disciplinary action, all

2-35  proceedings that are conducted after that decision and are related

2-36  to that disciplinary action are subject to the provisions of

2-37  NRS 241.020.

2-38      Sec. 5.  1.  Except as otherwise provided in subsection 2, a

2-39  regulatory body may not settle or otherwise resolve an alleged

2-40  violation of:

2-41      (a) The chapter which the regulatory body has authority to

2-42  enforce;

2-43      (b) A regulation enacted pursuant to the chapter which the

2-44  regulatory body has authority to enforce; or

2-45      (c) An order of the regulatory body,

3-1  by entering a consent agreement with a person who has allegedly

3-2  committed the violation until after the regulatory body discusses

3-3  and approves the terms of the agreement in a public meeting. If a

3-4  regulatory body enters a consent agreement with a person who has

3-5  allegedly committed a violation, the consent agreement is a public

3-6  record.

3-7  2.  A regulatory body that consists of one natural person may

3-8  approve a consent agreement without complying with subsection 1

3-9  if:

3-10      (a) The regulatory body posts a notice in accordance with the

3-11  requirements for notice for a meeting held pursuant to chapter

3-12  241 of NRS which provides notice that:

3-13          (1) The regulatory body intends to resolve the alleged

3-14  violation by entering into a consent agreement with the person

3-15  who allegedly committed the violation; and

3-16          (2) For a limited time set forth in the notice, any person

3-17  who so wishes may request that the regulatory body conduct a

3-18  public meeting to discuss the terms of the consent agreement by

3-19  submitting a written request for such a meeting to the regulatory

3-20  body within the time prescribed; and

3-21      (b) After the expiration of the time for receiving requests for a

3-22  public meeting pursuant to subparagraph (2) of paragraph (a), the

3-23  regulatory body has received no requests for a public meeting on

3-24  the consent agreement.

3-25      Sec. 6.  NRS 623.131 is hereby amended to read as follows:

3-26      623.131  1.  Except as otherwise provided in subsections 2, 3

3-27  and 4, the records of the Board which relate to:

3-28      (a) An employee of the Board;

3-29      (b) An examination given by the Board; or

3-30      (c) Complaints and charges filed with the Board and the material

3-31  compiled as a result of its investigation of those complaints and

3-32  charges,

3-33  are confidential.

3-34      2.  The records described in subsection 1 may be disclosed,

3-35  pursuant to procedures established by regulation of the Board, to a

3-36  court or an agency of the Federal Government, any state, any

3-37  political subdivision of this state , or any other related professional

3-38  board or organization.

3-39      3.  [Upon completion of an investigation by the Board, any

3-40  records of the Board described in paragraph (c) of subsection 1 are

3-41  public records only if:

3-42      (a) Disciplinary action is imposed by the Board as a result of the

3-43  investigation; or

3-44      (b) The person regarding whom the investigation was made

3-45  submits a written request to the Board requesting that the records be

4-1  made] The complaint or other document filed by the Board to

4-2  initiate disciplinary action and all other documents and

4-3  information considered by the Board when determining whether to

4-4  impose discipline are public records.

4-5  4.  The Board may report to other related professional boards

4-6  and organizations an applicant’s score on an examination given by

4-7  the Board.

4-8  Sec. 7.  NRS 623.270 is hereby amended to read as follows:

4-9  623.270  1.  The Board may place the holder of any certificate

4-10  of registration issued pursuant to the provisions of this chapter on

4-11  probation, publicly reprimand him, fine him not more than $10,000,

4-12  suspend or revoke his license, impose the costs of investigation and

4-13  prosecution upon him or take any combination of these disciplinary

4-14  actions, if proof satisfactory to the Board is presented that:

4-15      (a) The certificate was obtained by fraud or concealment of a

4-16  material fact.

4-17      (b) The holder of the certificate has been found guilty by the

4-18  Board or by a court of justice of any fraud, deceit or concealment of

4-19  a material fact in his professional practice, or has been convicted by

4-20  a court of justice of a crime involving moral turpitude.

4-21      (c) The holder of the certificate has been found guilty by the

4-22  Board of incompetency, negligence or gross negligence in:

4-23          (1) The practice of architecture or residential design; or

4-24          (2) His practice as a registered interior designer.

4-25      (d) The holder of a certificate has affixed his signature or seal to

4-26  plans, drawings, specifications or other instruments of service which

4-27  have not been prepared by him or in his office, or under his

4-28  responsible control, or has permitted the use of his name to assist

4-29  any person who is not a registered architect, registered interior

4-30  designer or residential designer to evade any provision of this

4-31  chapter.

4-32      (e) The holder of a certificate has aided or abetted any

4-33  unauthorized person to practice:

4-34          (1) Architecture or residential design; or

4-35          (2) As a registered interior designer.

4-36      (f) The holder of the certificate has violated any law, regulation

4-37  or code of ethics pertaining to:

4-38          (1) The practice of architecture or residential design; or

4-39          (2) Practice as a registered interior designer.

4-40      (g) The holder of a certificate has failed to comply with an order

4-41  issued by the Board or has failed to cooperate with an investigation

4-42  conducted by the Board.

4-43      2.  [If discipline is imposed pursuant to the provisions of this

4-44  section, the costs of the proceeding, including investigative costs

4-45  and attorney’s fees, may be recovered by the Board.

5-1  3.] The conditions for probation imposed pursuant to the

5-2  provisions of subsection 1 may include, but are not limited to:

5-3  (a) Restriction on the scope of professional practice.

5-4  (b) Peer review.

5-5  (c) Required education or counseling.

5-6  (d) Payment of restitution to each person who suffered harm or

5-7  loss.

5-8  [(e) Payment of all costs of the administrative investigation and

5-9  prosecution.

5-10      4.] 3. An order that imposes discipline and the findings of

5-11  fact and conclusions of law supporting that order are public

5-12  records.

5-13      4.  The Board shall not privately reprimand the holder of any

5-14  certificate of registration issued pursuant to this chapter.

5-15      5.  As used in this section:

5-16      (a) “Gross negligence” means conduct which demonstrates a

5-17  reckless disregard of the consequences affecting the life or property

5-18  of another person.

5-19      (b) “Incompetency” means conduct which, in:

5-20          (1) The practice of architecture or residential design; or

5-21          (2) Practice as a registered interior designer,

5-22  demonstrates a significant lack of ability, knowledge or fitness to

5-23  discharge a professional obligation.

5-24      (c) “Negligence” means a deviation from the normal standard of

5-25  professional care exercised generally by other members in:

5-26          (1) The profession of architecture or residential design; or

5-27          (2) Practice as a registered interior designer.

5-28      Sec. 8.  Chapter 623A of NRS is hereby amended by adding

5-29  thereto a new section to read as follows:

5-30      1.  Except as otherwise provided in this section, a complaint

5-31  filed with the Executive Director, all documents and other

5-32  information filed with the complaint and all documents and other

5-33  information compiled as a result of an investigation conducted to

5-34  determine whether to initiate disciplinary action are confidential.

5-35      2.  The complaint or other document filed by the Board to

5-36  initiate disciplinary action and all documents and information

5-37  considered by the Board when determining whether to impose

5-38  discipline are public records.

5-39      Sec. 9.  NRS 623A.270 is hereby amended to read as follows:

5-40      623A.270  1.  The Board may:

5-41      (a) Suspend or revoke a certificate of registration or certificate

5-42  to practice as a landscape architect intern;

5-43      (b) Refuse to renew a certificate of registration or certificate to

5-44  practice as a landscape architect intern;

6-1  (c) Place a holder of a certificate of registration or certificate to

6-2  practice as a landscape architect intern on probation;

6-3  (d) Issue a public reprimand to a holder of a certificate of

6-4  registration or certificate to practice as a landscape architect intern;

6-5  (e) Impose upon a holder of a certificate of registration or

6-6  certificate to practice as a landscape architect intern a fine of not

6-7  more than $5,000 for each violation of this chapter;

6-8  (f) Require a holder of a certificate of registration or certificate

6-9  to practice as a landscape architect intern to pay restitution; or

6-10      (g) [Require a holder of a certificate of registration or certificate

6-11  to practice as a landscape architect intern to pay the costs of an

6-12  investigation or prosecution; or

6-13      (h)] Take such other disciplinary action as the Board deems

6-14  appropriate,

6-15  if the holder of a certificate of registration or certificate to practice

6-16  as a landscape architect intern has committed any act set forth in

6-17  NRS 623A.280.

6-18      2.  The conditions for probation imposed pursuant to the

6-19  provisions of subsection 1 may include, without limitation:

6-20      (a) Restriction on the scope of professional practice;

6-21      (b) Peer review;

6-22      (c) Education or counseling;

6-23      (d) The payment of restitution to each person who suffered harm

6-24  or loss; and

6-25      (e) The payment of all costs of the administrative investigation

6-26  and prosecution.

6-27      3.  [If the Board imposes discipline pursuant to the provisions

6-28  of this section, the Board may recover the costs of the proceeding,

6-29  including any investigative costs and attorney’s fees.

6-30      4.] An order that imposes discipline and the findings of fact

6-31  and conclusions of law supporting that order are public records.

6-32      4.  The Board shall not issue a private reprimand to a holder

6-33  of a certificate of registration or certificate to practice as a

6-34  landscape architect intern.

6-35      5.  The Board may adopt regulations setting forth a schedule of

6-36  fines for the purposes of paragraph (e) of subsection 1.

6-37      Sec. 10.  Chapter 624 of NRS is hereby amended by adding

6-38  thereto a new section to read as follows:

6-39      1.  Except as otherwise provided in this section, a complaint

6-40  filed with the Board, all documents and other information filed

6-41  with the complaint and all documents and other information

6-42  compiled as a result of the investigation conducted to determine

6-43  whether to initiate disciplinary action are confidential.

6-44      2.  The complaint or other document filed by the Board to

6-45  initiate disciplinary action and all documents and information

7-1  considered by the Board when determining whether to impose

7-2  discipline are public records.

7-3  Sec. 11.  NRS 624.110 is hereby amended to read as follows:

7-4  624.110  1.  The Board may maintain offices in as many

7-5  localities in the State as it finds necessary to carry out the provisions

7-6  of this chapter, but it shall maintain one office in which there must

7-7  be at all times open to public inspection a complete record of

7-8  applications, licenses issued, licenses renewed and all revocations,

7-9  cancellations and suspensions of licenses.

7-10      2.  [Credit] Except as otherwise required in section 10 of this

7-11  act, credit reports, references, [investigative memoranda,] financial

7-12  information and data pertaining to a licensee’s net worth are

7-13  confidential and not open to public inspection.

7-14      Sec. 12.  NRS 624.291 is hereby amended to read as follows:

7-15      624.291  1.  Except as otherwise provided in subsection 4, if

7-16  the Board suspends or revokes a license, has probable cause to

7-17  believe that a person has violated NRS 624.720 or imposes an

7-18  administrative fine pursuant to NRS 624.710, the Board shall hold a

7-19  hearing. The time and place for the hearing must be fixed by the

7-20  Board, and notice of the time and place of the hearing must be

7-21  personally served on the applicant or accused or mailed to the last

7-22  known address of the applicant or accused at least 21 days before

7-23  the date fixed for the hearing.

7-24      2.  The testimony taken pursuant to NRS 624.170 to 624.210,

7-25  inclusive, must be considered a part of the record of the hearing

7-26  before the Board.

7-27      3.  [The] Except as otherwise provided in section 4 of this act,

7-28  the hearing must be public if a request is made therefor.

7-29      4.  The Board may suspend the license of a contractor without a

7-30  hearing if the Board finds, based upon evidence in its possession,

7-31  that the public health, safety or welfare imperatively requires

7-32  summary suspension of the license of the contractor and

7-33  incorporates that finding in its order. If the Board summarily

7-34  suspends the license of the contractor, the Board must notify the

7-35  contractor by certified mail. A hearing must be held within 60 days

7-36  after the suspension if the contractor submits a written request for a

7-37  hearing to the Board within 20 days after the Board summarily

7-38  suspends his license.

7-39      Sec. 13.  NRS 624.300 is hereby amended to read as follows:

7-40      624.300  1.  Except as otherwise provided in subsection 3, the

7-41  Board may:

7-42      (a) Suspend or revoke licenses already issued;

7-43      (b) Refuse renewals of licenses;

7-44      (c) Impose limits on the field, scope and monetary limit of the

7-45  license;

8-1  (d) Impose an administrative fine of not more than $10,000;

8-2  (e) Order a licensee to repay to the account established pursuant

8-3  to NRS 624.470, any amount paid out of the account pursuant to

8-4  NRS 624.510 as a result of an act or omission of that licensee;

8-5  (f) Order the licensee to take action to correct a condition

8-6  resulting from an act which constitutes a cause for disciplinary

8-7  action, at the licensee’s cost, that may consist of requiring the

8-8  licensee to:

8-9       (1) Perform the corrective work himself;

8-10          (2) Hire and pay another licensee to perform the corrective

8-11  work; or

8-12          (3) Pay to the owner of the construction project a specified

8-13  sum to correct the condition; or

8-14      (g) [Reprimand] Issue a public reprimand or take other less

8-15  severe disciplinary action, including, without limitation, increasing

8-16  the amount of the surety bond or cash deposit of the licensee,

8-17  if the licensee commits any act which constitutes a cause for

8-18  disciplinary action.

8-19      2.  If the Board suspends or revokes the license of a contractor

8-20  for failure to establish financial responsibility, the Board may, in

8-21  addition to any other conditions for reinstating or renewing the

8-22  license, require that each contract undertaken by the licensee for a

8-23  period to be designated by the Board, not to exceed 12 months, be

8-24  separately covered by a bond or bonds approved by the Board and

8-25  conditioned upon the performance of and the payment of labor and

8-26  materials required by the contract.

8-27      3.  If a licensee violates the provisions of NRS 624.3014 or

8-28  subsection 3 of NRS 624.3015, the Board may impose an

8-29  administrative fine of not more than $20,000.

8-30      4.  If a licensee commits a fraudulent act which is a cause for

8-31  disciplinary action under NRS 624.3016, the correction of any

8-32  condition resulting from the act does not preclude the Board from

8-33  taking disciplinary action.

8-34      5.  If the Board finds that a licensee has engaged in repeated

8-35  acts that would be cause for disciplinary action, the correction of

8-36  any resulting conditions does not preclude the Board from taking

8-37  disciplinary action pursuant to this section.

8-38      6.  The expiration of a license by operation of law or by order

8-39  or decision of the Board or a court, or the voluntary surrender of a

8-40  license by a licensee, does not deprive the Board of jurisdiction to

8-41  proceed with any investigation of, or action or disciplinary

8-42  proceeding against, the licensee or to render a decision suspending

8-43  or revoking the license.

8-44      7.  [If discipline is imposed pursuant to this section, including

8-45  any discipline imposed pursuant to a stipulated settlement, the costs

9-1  of the proceeding, including investigative costs and attorney’s fees,

9-2  may be recovered by the Board.] The Board shall not issue a

9-3  private reprimand to a licensee.

9-4  8.  An order that imposes discipline and the findings of fact

9-5  and conclusions of law supporting that order are public records.

9-6  9. All fines collected pursuant to this section must be deposited

9-7  with the State Treasurer for credit to the Construction Education

9-8  Account created pursuant to NRS 624.580.

9-9  Sec. 14.  NRS 625.425 is hereby amended to read as follows:

9-10      625.425  1.  Any information obtained during the course of an

9-11  investigation by the Board and any record of an investigation is

9-12  confidential . [until the investigation is completed.] If no

9-13  disciplinary action is taken against a licensee, an applicant for

9-14  licensure, an intern or an applicant for certification as an intern, or

9-15  no civil penalty is imposed pursuant to NRS 625.590, the

9-16  information in his investigative file remains confidential. [If a

9-17  formal complaint is filed, all pleadings and evidence introduced at

9-18  the hearing] The complaint or other document filed by the Board

9-19  to initiate disciplinary action and all documents and information

9-20  considered by the Board when determining whether to impose

9-21  discipline are public records.

9-22      2.  The provisions of this section do not prohibit the Board or

9-23  its employees from communicating and cooperating with another

9-24  licensing board or any other agency that is investigating a person.

9-25      Sec. 15.  NRS 625.460 is hereby amended to read as follows:

9-26      625.460  1.  If, after a hearing, a majority of the members of

9-27  the Board present at the hearing vote in favor of finding the accused

9-28  person guilty, the Board may:

9-29      [1.] (a) Revoke the license of the professional engineer or

9-30  professional land surveyor or deny a license to the applicant;

9-31      [2.] (b) Suspend the license of the professional engineer or

9-32  professional land surveyor;

9-33      [3.] (c) Fine the licensee or applicant for licensure not more

9-34  than $15,000 for each violation of a provision of this chapter or any

9-35  regulation adopted by the Board;

9-36      [4.] (d) Place the licensee or applicant for licensure on

9-37  probation for such periods as it deems necessary and, if the Board

9-38  deems appropriate, require the licensee or applicant for licensure to

9-39  pay restitution to clients or other persons who have suffered

9-40  economic losses as a result of a violation of the provisions of this

9-41  chapter or the regulations adopted by the Board; or

9-42      [5.] (e) Take such other disciplinary action as the Board deems

9-43  appropriate.

9-44      2.  The Board shall not issue a private reprimand.

10-1      3.  An order that imposes discipline and the findings of fact

10-2  and conclusions of law supporting that order are public records.

10-3      Sec. 16.  Chapter 625A of NRS is hereby amended by adding

10-4  thereto a new section to read as follows:

10-5      1.  Except as otherwise provided in this section, a complaint

10-6  filed with the Board, all documents and other information filed

10-7  with the complaint and all documents and other information

10-8  compiled as a result of an investigation conducted to determine

10-9  whether to initiate disciplinary action are confidential.

10-10     2.  The complaint or other document filed by the Board to

10-11  initiate disciplinary action and all documents and information

10-12  considered by the Board when determining whether to impose

10-13  discipline are public records.

10-14     Sec. 17.  NRS 625A.180 is hereby amended to read as follows:

10-15     625A.180  1.  If the Board finds after a hearing, or after

10-16  providing an opportunity for a hearing, that disciplinary action is

10-17  necessary, it may by order:

10-18     (a) Place the environmental health specialist on probation for a

10-19  specified period or until further order of the Board;

10-20     (b) Administer a public [or private] reprimand; or

10-21     (c) Suspend or revoke his certificate.

10-22     2.  If the order places an environmental health specialist on

10-23  probation, the Board may impose such limitations or conditions

10-24  upon his professional activities as it finds consistent to protect the

10-25  public health.

10-26     3.  The Board shall not administer a private reprimand.

10-27     4.  An order that imposes discipline and the findings of fact

10-28  and conclusions of law supporting that order are public records.

10-29     Sec. 18.  Chapter 628 of NRS is hereby amended by adding

10-30  thereto a new section to read as follows:

10-31     1.  Except as otherwise provided in this section, a complaint

10-32  filed with the Board, all documents and other information filed

10-33  with the complaint and all documents and other information

10-34  compiled as a result of an investigation conducted to determine

10-35  whether to initiate disciplinary action are confidential.

10-36     2.  The complaint or other document filed by the Board to

10-37  initiate disciplinary action and all documents and information

10-38  considered by the Board when determining whether to impose

10-39  discipline are public records.

10-40     Sec. 19.  NRS 628.390 is hereby amended to read as follows:

10-41     628.390  1.  After giving notice and conducting a hearing, the

10-42  Board may revoke, or may suspend for a period of not more than 5

10-43  years, any certificate issued under NRS 628.190 to 628.310,

10-44  inclusive, any registration or license granted to a registered public

10-45  accountant under NRS 628.350, or any registration of a partnership,

11-1  corporation, limited-liability company or office, or may revoke,

11-2  suspend or refuse to renew any permit issued under NRS 628.380,

11-3  or may publicly censure the holder of any permit, for any one or any

11-4  combination of the following causes:

11-5      (a) Fraud or deceit in obtaining a certificate as a certified public

11-6  accountant, or in obtaining registration or a license as a public

11-7  accountant under this chapter, or in obtaining a permit to practice

11-8  public accounting under this chapter.

11-9      (b) Dishonesty, fraud or gross negligence by a certified or

11-10  registered public accountant in the practice of public accounting or,

11-11  if not in the practice of public accounting, of a kind which adversely

11-12  affects the ability to perform public accounting.

11-13     (c) Violation of any of the provisions of this chapter.

11-14     (d) Violation of a regulation or rule of professional conduct

11-15  adopted by the Board under the authority granted by this chapter.

11-16     (e) Conviction of a felony under the laws of any state or of the

11-17  United States.

11-18     (f) Conviction of any crime, an element of which is dishonesty

11-19  or fraud, under the laws of any state or of the United States.

11-20     (g) Cancellation, revocation, suspension or refusal to renew

11-21  authority to practice as a certified public accountant or a registered

11-22  public accountant by any other state, for any cause other than failure

11-23  to pay an annual registration fee or to comply with requirements for

11-24  continuing education or review of his practice in the other state.

11-25     (h) Suspension or revocation of the right to practice before any

11-26  state or federal agency.

11-27     (i) Unless the person has been placed on inactive or retired

11-28  status, failure to obtain an annual permit under NRS 628.380,

11-29  within:

11-30         (1) Sixty days after the expiration date of the permit to

11-31  practice last obtained or renewed by the holder of a certificate or

11-32  registrant; or

11-33         (2) Sixty days after the date upon which the holder of a

11-34  certificate or registrant was granted his certificate or registration, if

11-35  no permit was ever issued to him, unless the failure has been

11-36  excused by the Board.

11-37     (j) Conduct discreditable to the profession of public accounting

11-38  or which reflects adversely upon the fitness of the person to engage

11-39  in the practice of public accounting.

11-40     (k) Making a false or misleading statement in support of an

11-41  application for a certificate, registration or permit of another person.

11-42     2.  After giving notice and conducting a hearing, the Board may

11-43  deny an application to take the examination prescribed by the Board

11-44  pursuant to NRS 628.190, deny a person admission to such an

11-45  examination, invalidate a grade received for such an examination or

12-1  deny an application for a certificate issued pursuant to NRS 628.190

12-2  to 628.310, inclusive, to a person who has:

12-3      (a) Made any false or fraudulent statement, or any misleading

12-4  statement or omission relating to a material fact in an application:

12-5          (1) To take the examination prescribed by the Board pursuant

12-6  to NRS 628.190; or

12-7          (2) For a certificate issued pursuant to NRS 628.190 to

12-8  628.310, inclusive;

12-9      (b) Cheated on an examination prescribed by the Board pursuant

12-10  to NRS 628.190 or any such examination taken in another state or

12-11  jurisdiction of the United States;

12-12     (c) Aided, abetted or conspired with any person in a violation of

12-13  the provisions of paragraph (a) or (b); or

12-14     (d) Committed any combination of the acts set forth in

12-15  paragraphs (a), (b) and (c).

12-16     3.  In addition to other penalties prescribed by this section, the

12-17  Board may impose a civil penalty of not more than $5,000 for each

12-18  violation of this section.

12-19     4.  The Board [may recover:

12-20     (a) Attorney’s fees and costs incurred with respect to a hearing

12-21  held pursuant to this section from a person who is found in violation

12-22  of any of the provisions of this section;

12-23     (b) Attorney’s fees and costs incurred in the recovery of a civil

12-24  penalty imposed pursuant to this section; and

12-25     (c) Any other costs incurred by the Board as a result of such a

12-26  violation.] shall not privately censure the holder of any permit,

12-27  license or certificate of registration.

12-28     5.  An order that imposes discipline and the findings of fact

12-29  and conclusions of law supporting that order are public records.

12-30     Sec. 20.  NRS 630.336 is hereby amended to read as follows:

12-31     630.336  1.  [Any proceeding of a committee of the Board

12-32  investigating complaints is not subject to the requirements of NRS

12-33  241.020, unless the licensee under investigation requests that the

12-34  proceeding be subject to those requirements.] Any deliberations

12-35  conducted or vote taken by[:

12-36     (a) The Board or panel regarding its decision; or

12-37     (b) The] the Board or any investigative committee of the Board

12-38  regarding its ordering of a physician, physician assistant or

12-39  practitioner of respiratory care to undergo a physical or mental

12-40  examination or any other examination designated to assist the Board

12-41  or committee in determining the fitness of a physician, physician

12-42  assistant or practitioner of respiratory care[,]are not subject to the

12-43  requirements of NRS 241.020.

12-44     2.  Except as otherwise provided in subsection 3[,] or 4, all

12-45  applications for a license to practice medicine or respiratory care,

13-1  any charges filed by the Board, financial records of the Board,

13-2  formal hearings on any charges heard by the Board or a panel

13-3  selected by the Board, records of such hearings and any order or

13-4  decision of the Board or panel must be open to the public.

13-5      3.  [Except as otherwise provided in NRS 630.352 and 630.368,

13-6  the] The following may be kept confidential:

13-7      (a) Any statement, evidence, credential or other proof submitted

13-8  in support of or to verify the contents of an application;

13-9      (b) [All investigations and records of investigations;

13-10     (c)] Any report concerning the fitness of any person to receive

13-11  or hold a license to practice medicine or respiratory care;

13-12     [(d)] and

13-13     (c) Any communication between:

13-14         (1) The Board and any of its committees or panels; and

13-15         (2) The Board or its staff, investigators, experts, committees,

13-16  panels, hearing officers, advisory members or consultants and

13-17  counsel for the [Board; and

13-18     (e) Any other information or records in the possession of the]

13-19  Board.

13-20     4.  Except as otherwise provided in subsection 5, a complaint

13-21  filed with the Board pursuant to NRS 630.307, all documents and

13-22  other information filed with the complaint and all documents and

13-23  other information compiled as a result of an investigation

13-24  conducted to determine whether to initiate disciplinary action are

13-25  confidential.

13-26     5.  The complaint or other document filed by the Board to

13-27  initiate disciplinary action and all documents and information

13-28  considered by the Board when determining whether to impose

13-29  discipline are public records.

13-30     6.  This section does not prevent or prohibit the Board from

13-31  communicating or cooperating with any other licensing board or

13-32  agency or any agency which is investigating a licensee, including a

13-33  law enforcement agency. Such cooperation may include, without

13-34  limitation, providing the board or agency with minutes of a closed

13-35  meeting, transcripts of oral examinations and the results of oral

13-36  examinations.

13-37     Sec. 21.  NRS 630.352 is hereby amended to read as follows:

13-38     630.352  1.  Any member of the Board, except for an advisory

13-39  member serving on a panel of the Board hearing charges, may

13-40  participate in the final order of the Board. If the Board, after a

13-41  formal hearing, determines from a preponderance of the evidence

13-42  that a violation of the provisions of this chapter or of the regulations

13-43  of the Board has occurred, it shall issue and serve on the physician

13-44  charged an order, in writing, containing its findings and any

13-45  sanctions.

14-1      2.  If the Board determines that no violation has occurred, it

14-2  shall dismiss the charges, in writing, and notify the physician that

14-3  the charges have been dismissed. If the disciplinary proceedings

14-4  were instituted against the physician as a result of a complaint filed

14-5  against him, the Board may provide the physician with a copy of the

14-6  complaint.

14-7      3.  Except as otherwise provided in subsection 4, if the Board

14-8  finds that a violation has occurred, it may by order:

14-9      (a) Place the person on probation for a specified period on any

14-10  of the conditions specified in the order;

14-11     (b) Administer to him a public reprimand;

14-12     (c) Limit his practice or exclude one or more specified branches

14-13  of medicine from his practice;

14-14     (d) Suspend his license for a specified period or until further

14-15  order of the Board;

14-16     (e) Revoke his license to practice medicine;

14-17     (f) Require him to participate in a program to correct alcohol or

14-18  drug dependence or any other impairment;

14-19     (g) Require supervision of his practice;

14-20     (h) Impose a fine not to exceed $5,000;

14-21     (i) Require him to perform community service without

14-22  compensation;

14-23     (j) Require him to take a physical or mental examination or an

14-24  examination testing his competence; and

14-25     (k) Require him to fulfill certain training or educational

14-26  requirements . [; and

14-27     (l) Require him to pay all costs incurred by the Board relating to

14-28  his disciplinary proceedings.]

14-29     4.  If the Board finds that the physician has violated the

14-30  provisions of NRS 439B.425, the Board shall suspend his license for

14-31  a specified period or until further order of the Board.

14-32     5.  The Board shall not administer a private reprimand.

14-33     6.  An order that imposes discipline and the findings of fact

14-34  and conclusions of law supporting that order are public records.

14-35     Sec. 22.  NRS 630A.510 is hereby amended to read as follows:

14-36     630A.510  1.  Any member of the Board who was not a

14-37  member of the investigative committee, if one was appointed, may

14-38  participate in the final order of the Board. If the Board, after a

14-39  formal hearing, determines that a violation of the provisions of this

14-40  chapter or the regulations adopted by the Board has occurred, it

14-41  shall issue and serve on the person charged an order, in writing,

14-42  containing its findings and any sanctions imposed by the Board. If

14-43  the Board determines that no violation has occurred, it shall dismiss

14-44  the charges, in writing, and notify the person that the charges have

14-45  been dismissed.

15-1      2.  If the Board finds that a violation has occurred, it may by

15-2  order:

15-3      (a) Place the person on probation for a specified period on any

15-4  of the conditions specified in the order.

15-5      (b) Administer to the person a public reprimand.

15-6      (c) Limit the practice of the person or exclude a method of

15-7  treatment from the scope of his practice.

15-8      (d) Suspend the license of the person for a specified period or

15-9  until further order of the Board.

15-10     (e) Revoke the license of the person to practice homeopathic

15-11  medicine.

15-12     (f) Require the person to participate in a program to correct a

15-13  dependence upon alcohol or a controlled substance, or any other

15-14  impairment.

15-15     (g) Require supervision of the person’s practice.

15-16     (h) Impose an administrative fine not to exceed $10,000.

15-17     (i) Require the person to perform community service without

15-18  compensation.

15-19     (j) Require the person to take a physical or mental examination

15-20  or an examination of his competence to practice homeopathic

15-21  medicine.

15-22     (k) Require the person to fulfill certain training or educational

15-23  requirements.

15-24     [(l) Require the person to pay the costs of the investigation and

15-25  hearing.]

15-26     3.  The Board shall not administer a private reprimand.

15-27     4. An order that imposes discipline and the findings of fact

15-28  and conclusions of law supporting that order are public records.

15-29     Sec. 23.  NRS 630A.555 is hereby amended to read as follows:

15-30     630A.555  1.  Except as otherwise provided in [subsection 2,]

15-31  this section, any records or information obtained during an

15-32  investigation by the Board and any record of the investigation are

15-33  confidential . [until the investigation is completed. Upon completion

15-34  of the investigation, the information and records are public records

15-35  if:

15-36     (a) Disciplinary action is imposed by the Board as a result of the

15-37  investigation; or

15-38     (b) The person regarding whom the investigation was made

15-39  submits a written request to the Board asking that the information

15-40  and records be made public records.]

15-41     2.  The complaint or other document filed by the Board to

15-42  initiate disciplinary action and all documents and information

15-43  considered by the Board when determining whether to impose

15-44  discipline are public.

16-1      3.  The Board may provide any record or information described

16-2  in subsection 1 to any other licensing board or agency, including a

16-3  law enforcement agency, which is investigating a person who is

16-4  licensed pursuant to this chapter.

16-5      Sec. 24.  NRS 631.350 is hereby amended to read as follows:

16-6      631.350  1.  Except as otherwise provided in NRS 631.271

16-7  and 631.347, the Board may:

16-8      (a) Refuse to issue a license to any person;

16-9      (b) Revoke or suspend the license or renewal certificate issued

16-10  by it to any person;

16-11     (c) Fine a person it has licensed;

16-12     (d) Place a person on probation for a specified period on any

16-13  conditions the Board may order;

16-14     (e) Issue a public reprimand to a person;

16-15     (f) Limit a person’s practice to certain branches of dentistry;

16-16     (g) Require a person to participate in a program to correct

16-17  alcohol or drug abuse or any other impairment;

16-18     (h) Require that a person’s practice be supervised;

16-19     (i) Require a person to perform community service without

16-20  compensation;

16-21     (j) Require a person to take a physical or mental examination or

16-22  an examination of his competence;

16-23     (k) Require a person to fulfill certain training or educational

16-24  requirements;

16-25     (l) Require a person to reimburse a patient; or

16-26     (m) Any combination thereof,

16-27  upon proof satisfactory to the Board that the person has engaged in

16-28  any of the activities listed in subsection 2.

16-29     2.  The following activities may be punished as provided in

16-30  subsection 1:

16-31     (a) Engaging in the illegal practice of dentistry or dental

16-32  hygiene;

16-33     (b) Engaging in unprofessional conduct; or

16-34     (c) Violating any regulations adopted by the Board or the

16-35  provisions of this chapter.

16-36     3.  The Board may delegate to a hearing officer or panel its

16-37  authority to take any disciplinary action pursuant to this chapter,

16-38  impose and collect fines therefor and deposit the money therefrom

16-39  in banks, credit unions or savings and loan associations in this state.

16-40     4.  If a hearing officer or panel is not authorized to take

16-41  disciplinary action pursuant to subsection 3 and the Board deposits

16-42  the money collected from the imposition of fines with the State

16-43  Treasurer for credit to the State General Fund, it may present a

16-44  claim to the State Board of Examiners for recommendation to the

17-1  Interim Finance Committee if money is needed to pay attorney’s

17-2  fees or the costs of an investigation, or both.

17-3      5.  The Board shall not administer a private reprimand.

17-4      6. An order that imposes discipline and the findings of fact

17-5  and conclusions of law supporting that order are public records.

17-6      Sec. 25.  NRS 631.368 is hereby amended to read as follows:

17-7      631.368  1.  Except as otherwise provided in [subsection 2,]

17-8  this section, any records or information obtained during the course

17-9  of an investigation by the Board and any record of the investigation

17-10  are confidential . [until the investigation is completed. Upon

17-11  completion of the investigation the information and records are

17-12  public records, only if:

17-13     (a) Disciplinary action is imposed by the Board as a result of the

17-14  investigation; or

17-15     (b) The person regarding whom the investigation was made

17-16  submits a written request to the Board asking that the information

17-17  and records be made public records.]

17-18     2.  The complaint or other document filed by the Board to

17-19  initiate disciplinary action and all documents and information

17-20  considered by the Board when determining whether to impose

17-21  discipline are public records.

17-22     3.  The Board may provide any record or information described

17-23  in subsection 1 to any other licensing board or agency or any agency

17-24  which is investigating a person licensed pursuant to this chapter,

17-25  including a law enforcement agency.

17-26     Sec. 26.  NRS 632.325 is hereby amended to read as follows:

17-27     632.325  1.  If the Board determines that a licensee or holder

17-28  of a certificate has committed any of the acts set forth in NRS

17-29  632.320, it may take any one or more of the following disciplinary

17-30  actions:

17-31     (a) Place conditions, limitations or restrictions on his license or

17-32  certificate.

17-33     (b) Impose and collect an administrative fine of not more than

17-34  $5,000.

17-35     (c) [Require the licensee or holder of a certificate to pay all costs

17-36  incurred by the Board relating to the discipline of the licensee or

17-37  holder of a certificate.

17-38     (d) Reprimand] Publicly reprimand the licensee or holder of a

17-39  certificate.

17-40     [(e)] (d) Accept the voluntary surrender of a license or

17-41  certificate in lieu of imposing any other disciplinary action set forth

17-42  in this subsection.

17-43     2.  If the Board determines that:

17-44     (a) A person whose license or certificate is suspended or

17-45  voluntarily surrendered, or has been placed on an inactive list

18-1  pursuant to NRS 632.341, has committed, during the period his

18-2  license or certificate was valid, inactive or would have been valid if

18-3  not for the suspension or surrender; or

18-4      (b) An applicant for the renewal or reinstatement of a license or

18-5  certificate has committed, at any time after the most recent renewal

18-6  of his license or certificate or the issuance of his original license or

18-7  certificate if it has not been renewed,

18-8  any of the acts set forth in NRS 632.320, the Board may take any

18-9  one or more of the disciplinary actions set forth in subsection 1.

18-10     3.  The Board shall not privately reprimand a licensee or

18-11  holder of a certificate.

18-12     4.  An order that imposes discipline and the findings of fact

18-13  and conclusions of law supporting that order are public records.

18-14     Sec. 27.  NRS 632.405 is hereby amended to read as follows:

18-15     632.405  1.  [Any] Except as otherwise provided in this

18-16  section, any records or information obtained during the course of an

18-17  investigation by the Board and any record of the investigation are

18-18  confidential . [until the investigation is completed. Upon completion

18-19  of the investigation the information and records are public records,

18-20  only if:

18-21     (a) Disciplinary action is imposed by the Board as a result of the

18-22  investigation; or

18-23     (b) The person regarding whom the investigation was made

18-24  submits a written request to the Board asking that the information

18-25  and records be made public records.]

18-26     2.  The complaint or other document filed by the Board to

18-27  initiate disciplinary action and all documents and information

18-28  considered by the Board when determining whether to impose

18-29  disciplinary action are public records.

18-30     3. This section does not prevent or prohibit the Board from

18-31  communicating or cooperating with another licensing board or any

18-32  agency that is investigating a licensee, including a law enforcement

18-33  agency.

18-34     Sec. 28.  Chapter 633 of NRS is hereby amended by adding

18-35  thereto a new section to read as follows:

18-36     1.  Except as otherwise provided in this section, a complaint

18-37  filed with the Board, all documents and other information filed

18-38  with the complaint and all documents and other information

18-39  compiled as a result of the investigation conducted to determine

18-40  whether to initiate disciplinary action are confidential.

18-41     2.  The complaint or other document filed by the Board to

18-42  initiate disciplinary action and all documents and information

18-43  considered by the Board when determining whether to impose

18-44  discipline are public records.

 

19-1      Sec. 29.  NRS 633.301 is hereby amended to read as follows:

19-2      633.301  The Board shall keep a record of its proceedings

19-3  relating to licensing and disciplinary actions. [The record shall]

19-4  Except as otherwise provided in section 28 of this act, the record

19-5  must be open to public inspection at all reasonable times and [shall

19-6  also] contain the name, known place of business and residence, and

19-7  the date and number of the license of every osteopathic physician

19-8  licensed under this chapter.

19-9      Sec. 30.  NRS 633.651 is hereby amended to read as follows:

19-10     633.651  1.  The person charged in a formal complaint is

19-11  entitled to a hearing before the Board, but the failure of the person

19-12  charged to attend his hearing or his failure to defend himself must

19-13  not delay or void the proceedings. The Board may, for good cause

19-14  shown, continue any hearing from time to time.

19-15     2.  If the Board finds the person guilty as charged in the formal

19-16  complaint, it may by order:

19-17     (a) Place the person on probation for a specified period or until

19-18  further order of the Board.

19-19     (b) Administer to the person a public reprimand.

19-20     (c) Limit the practice of the person to, or by the exclusion of,

19-21  one or more specified branches of osteopathic medicine.

19-22     (d) Suspend the license of the person to practice osteopathic

19-23  medicine for a specified period or until further order of the Board.

19-24     (e) Revoke the license of the person to practice osteopathic

19-25  medicine.

19-26  The order of the Board may contain such other terms, provisions or

19-27  conditions as the Board deems proper and which are not inconsistent

19-28  with law.

19-29     3.  The Board shall not administer a private reprimand.

19-30     4.  An order that imposes discipline and the findings of fact

19-31  and conclusions of law supporting that order are public records.

19-32     Sec. 31.  Chapter 634 of NRS is hereby amended by adding

19-33  thereto a new section to read as follows:

19-34     1.  Except as otherwise provided in this section, a complaint

19-35  filed with the Board, all documents and other information filed

19-36  with the complaint and all documents and other information

19-37  compiled as a result of the investigation conducted to determine

19-38  whether to initiate disciplinary action are confidential.

19-39     2.  The complaint or other document filed by the Board to

19-40  initiate disciplinary action and all documents and information

19-41  considered by the Board when determining whether to impose

19-42  discipline are public records.

19-43     Sec. 32.  NRS 634.190 is hereby amended to read as follows:

19-44     634.190  1.  The person charged is entitled to a hearing before

19-45  the Board, but the failure of the person charged to attend his hearing

20-1  or his failure to defend himself does not delay or void the

20-2  proceedings. The Board may, for good cause shown, continue any

20-3  hearing from time to time.

20-4      2.  If the Board finds the person guilty as charged in the

20-5  complaint, it may by order:

20-6      (a) Place the person on probation for a specified period or until

20-7  further order of the Board.

20-8      (b) Administer to the person a public [or private] reprimand.

20-9      (c) Limit the practice of the person to, or by the exclusion of,

20-10  one or more specified branches of chiropractic.

20-11     (d) Suspend the license of the person to practice chiropractic for

20-12  a specified period or until further order of the Board.

20-13     (e) Revoke the license of the person to practice chiropractic.

20-14     (f) Impose a fine of not more than $10,000, which must be

20-15  deposited with the State Treasurer for credit to the State General

20-16  Fund.

20-17     [(g) Require the person to pay all costs incurred by the Board

20-18  relating to the discipline of the person.]

20-19  The order of the Board may contain such other terms, provisions or

20-20  conditions as the Board deems proper and which are not inconsistent

20-21  with law.

20-22     3.  If the Board finds that a licensee has violated the provisions

20-23  of NRS 439B.425, the Board shall suspend his license for a

20-24  specified period or until further order of the Board.

20-25     4.  The Board shall not administer a private reprimand.

20-26     5.  An order that imposes discipline and the findings of fact

20-27  and conclusions of law supporting that order are public records.

20-28     Sec. 33.  NRS 634.212 is hereby amended to read as follows:

20-29     634.212  1.  The Board shall keep a record of its proceedings

20-30  relating to licensing and disciplinary actions. [These] Except as

20-31  otherwise provided in section 31 of this act, the records must be

20-32  open to public inspection at all reasonable times and must contain

20-33  the name, known place of business and residence, and the date and

20-34  number of the license of every chiropractor licensed under this

20-35  chapter. The Board may keep such other records as it deems

20-36  desirable.

20-37     2.  Except as otherwise provided in this subsection, all

20-38  information pertaining to the personal background, medical history

20-39  or financial affairs of an applicant or licensee which the Board

20-40  requires to be furnished to it under this chapter, or which it

20-41  otherwise obtains, is confidential and may be disclosed in whole or

20-42  in part only as necessary in the course of administering this chapter

20-43  or upon the order of a court of competent jurisdiction. The Board

20-44  may, under procedures established by regulation, permit the

20-45  disclosure of this information to any agent of the Federal

21-1  Government, of another state or of any political subdivision of this

21-2  state who is authorized to receive it.

21-3      3.  Notice of the disclosure and the contents of the information

21-4  disclosed pursuant to subsection 2 must be given to the applicant or

21-5  licensee who is the subject of that information.

21-6      Sec. 34.  Chapter 634A of NRS is hereby amended by adding

21-7  thereto a new section to read as follows:

21-8      1.  Except as otherwise provided in this section, a complaint

21-9  filed with the Board, all documents and other information filed

21-10  with the complaint and all documents and other information

21-11  compiled as a result of the investigation conducted to determine

21-12  whether to initiate disciplinary action are confidential.

21-13     2.  The complaint or other document filed by the Board to

21-14  initiate disciplinary action and all documents and information

21-15  considered by the Board when determining whether to impose

21-16  discipline are public records.

21-17     3.  An order that imposes discipline and the findings of fact

21-18  and conclusions of law supporting that order are public records.

21-19     Sec. 35.  NRS 634A.250 is hereby amended to read as follows:

21-20     634A.250  [1.] In addition to any other penalties prescribed

21-21  by law, the Board may, after notice and hearing, impose upon any

21-22  person who violates any provision of this chapter or the regulations

21-23  adopted pursuant thereto an administrative fine of not more than

21-24  $2,500.

21-25     [2.  If discipline is imposed pursuant to this chapter, the costs of

21-26  the proceeding, including investigative costs and attorney’s fees,

21-27  may be recovered by the Board.]

21-28     Sec. 36.  Chapter 635 of NRS is hereby amended by adding

21-29  thereto a new section to read as follows:

21-30     1.  Except as otherwise provided in this section, a complaint

21-31  filed with the Board, all documents and other information filed

21-32  with the complaint and all documents and other information

21-33  compiled as a result of the investigation conducted to determine

21-34  whether to initiate disciplinary action are confidential.

21-35     2.  The complaint or other document filed by the Board to

21-36  initiate disciplinary action and all documents and information

21-37  considered by the Board when determining whether to impose

21-38  discipline are public records.

21-39     3.  An order that imposes discipline and the findings of fact

21-40  and conclusions of law supporting that order are public records.

21-41     Sec. 37.  NRS 635.130 is hereby amended to read as follows:

21-42     635.130  1.  The Board, after notice and hearing, and upon any

21-43  cause enumerated in subsection 2, may take one or more of the

21-44  following disciplinary actions:

22-1      (a) Deny an application for a license or refuse to renew a

22-2  license.

22-3      (b) Suspend or revoke a license.

22-4      (c) Place a licensee on probation.

22-5      (d) Impose a fine not to exceed $5,000.

22-6      [(e) Require the licensee to pay all costs incurred by the Board

22-7  relating to the discipline of the licensee.]

22-8      2.  The Board may take disciplinary action against a licensee for

22-9  any of the following causes:

22-10     (a) The making of a false statement in any affidavit required of

22-11  the applicant for application, examination or licensure pursuant to

22-12  the provisions of this chapter.

22-13     (b) Lending the use of the holder’s name to an unlicensed

22-14  person.

22-15     (c) If the holder is a podiatric physician, his permitting an

22-16  unlicensed person in his employ to practice as a podiatry hygienist.

22-17     (d) Habitual indulgence in the use of alcohol or any controlled

22-18  substance which impairs the intellect and judgment to such an extent

22-19  as in the opinion of the Board incapacitates the holder in the

22-20  performance of his professional duties.

22-21     (e) Conviction of a crime involving moral turpitude.

22-22     (f) Conviction of violating any of the provisions of NRS

22-23  616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,

22-24  inclusive.

22-25     (g) Conduct which in the opinion of the Board disqualifies him

22-26  to practice with safety to the public.

22-27     (h) The commission of fraud by or on behalf of the licensee

22-28  regarding his license or practice.

22-29     (i) Gross incompetency.

22-30     (j) Affliction of the licensee with any mental or physical

22-31  disorder which seriously impairs his competence as a podiatric

22-32  physician or podiatry hygienist.

22-33     (k) False representation by or on behalf of the licensee regarding

22-34  his practice.

22-35     (l) Unethical or unprofessional conduct.

22-36     (m) Willful or repeated violations of this chapter or regulations

22-37  adopted by the Board.

22-38     (n) Willful violation of the regulations adopted by the State

22-39  Board of Pharmacy.

22-40     Sec. 38.  NRS 635.180 is hereby amended to read as follows:

22-41     635.180  Except as otherwise provided in NRS 635.167, every

22-42  person who practices podiatry or as a podiatry hygienist without

22-43  having complied with the provisions of this chapter must be fined

22-44  not more than $10,000 for each offense . [and may be required to

23-1  pay all costs incurred by the Board relating to the discipline of the

23-2  person.]

23-3      Sec. 39.  Chapter 636 of NRS is hereby amended by adding

23-4  thereto a new section to read as follows:

23-5      1.  Except as otherwise provided in this section, a complaint

23-6  filed with the Board, all documents and other information filed

23-7  with the complaint and all documents and other information

23-8  compiled as a result of an investigation conducted to determine

23-9  whether to initiate disciplinary action are confidential.

23-10     2.  The complaint or other document filed by the Board to

23-11  initiate disciplinary action and all documents and information

23-12  considered by the Board when determining whether to impose

23-13  discipline are public records.

23-14     Sec. 40.  NRS 636.105 is hereby amended to read as follows:

23-15     636.105  1.  The Executive Director shall make and keep:

23-16     (a) A record of all meetings and proceedings of the Board.

23-17     (b) A record of all prosecutions and violations of this chapter.

23-18     (c) A record of the results of all examinations of applicants.

23-19     (d) A register of all licensees.

23-20     (e) An inventory of all property of the Board and all property of

23-21  the State in the Board’s possession.

23-22     2.  [All] Except as otherwise provided in section 39 of this act,

23-23  records of the Board are subject to public inspection.

23-24     3.  All records of the Board must be kept in the office of the

23-25  Board.

23-26     Sec. 41.  NRS 636.325 is hereby amended to read as follows:

23-27     636.325  1.  Upon conclusion of the hearing, or waiver thereof

23-28  by the licensee against whom the charge is filed, the Board shall

23-29  make and announce its decision. If the Board determines that the

23-30  allegations included in the charge are true, it may[, in the exercise

23-31  of reasonable discretion,] take any one or more of the following

23-32  actions:

23-33     (a) [Reprimand] Publicly reprimand the licensee;

23-34     (b) Place the licensee on probation for a specified or unspecified

23-35  period;

23-36     (c) Suspend the licensee from practice for a specified or

23-37  unspecified period;

23-38     (d) Revoke the licensee’s license; or

23-39     (e) Impose an administrative fine pursuant to the provisions of

23-40  NRS 636.420 . [and order the licensee to pay any costs or fees

23-41  incurred by the Board in connection with the hearing.]

23-42  The Board may, in connection with a reprimand, probation or

23-43  suspension, impose such other terms or conditions as it deems

23-44  necessary.

24-1      2.  If the Board determines that the allegations included in the

24-2  charge are false or do not warrant disciplinary action, it shall

24-3  dismiss the charge.

24-4      3.  The Board shall not privately reprimand a licensee.

24-5      4.  An order that imposes discipline and the findings of fact

24-6  and conclusions of law supporting that order are public records.

24-7      Sec. 42.  Chapter 637 of NRS is hereby amended by adding

24-8  thereto a new section to read as follows:

24-9      1.  Except as otherwise provided in this section, a complaint

24-10  filed with the Board, all documents and other information filed

24-11  with the complaint and all documents and other information

24-12  compiled as a result of the investigation conducted to determine

24-13  whether to initiate disciplinary action are confidential.

24-14     2.  The complaint or other document filed by the Board to

24-15  initiate disciplinary action and all documents and information

24-16  considered by the Board when determining whether to impose

24-17  discipline are public records.

24-18     Sec. 43.  NRS 637.085 is hereby amended to read as follows:

24-19     637.085  1.  Except as otherwise provided in subsection 2, and

24-20  section 42 of this act, all applications for licensure, any charges

24-21  filed by the Board, financial records of the Board, formal hearings

24-22  on any charges heard by the Board or a panel selected by the Board,

24-23  records of the hearings and any order or decision of the Board or

24-24  panel must be open to the public.

24-25     2.  [The] Except as otherwise provided in section 42 of this

24-26  act, the following may be kept confidential:

24-27     (a) Any statement, evidence, credential or other proof submitted

24-28  in support of or to verify the contents of an application.

24-29     (b) [All investigations and records of investigations.

24-30     (c)] Any report concerning the fitness of any person to receive

24-31  or hold a license to practice ophthalmic dispensing.

24-32     [(d)] (c) Any communication between:

24-33         (1) The Board and any of its committees or panels; and

24-34         (2) The Board or its staff, investigators, experts, committees,

24-35  panels, hearing officers, advisory members or consultants and

24-36  counsel for the Board.

24-37     [(e)] (d) Any other information or records in the possession of

24-38  the Board.

24-39     3.  This section does not prohibit the Board from

24-40  communicating or cooperating with any other licensing board or

24-41  agency or any agency which is investigating a licensee, including a

24-42  law enforcement agency.

24-43     Sec. 44.  NRS 637.150 is hereby amended to read as follows:

24-44     637.150  1.  Upon proof to the satisfaction of the Board that an

24-45  applicant or holder of a license:

25-1      [1.] (a) Has been adjudicated insane;

25-2      [2.] (b) Habitually uses any controlled substance or intoxicant;

25-3      [3.] (c) Has been convicted of a crime involving moral

25-4  turpitude;

25-5      [4.] (d) Has been convicted of violating any of the provisions of

25-6  NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,

25-7  inclusive;

25-8      [5.] (e) Has advertised in any manner which would tend to

25-9  deceive, defraud or mislead the public;

25-10     [6.] (f) Has presented to the Board any diploma, license or

25-11  certificate that has been signed or issued unlawfully or under

25-12  fraudulent representations, or obtains or has obtained a license to

25-13  practice in the State through fraud of any kind;

25-14     [7.] (g) Has been convicted of a violation of any federal or state

25-15  law relating to a controlled substance;

25-16     [8.] (h) Has violated any regulation of the Board;

25-17     [9.] (i) Has violated any provision of this chapter;

25-18     [10.] (j) Is incompetent;

25-19     [11.] (k) Is guilty of unethical or unprofessional conduct as

25-20  determined by the Board;

25-21     [12.] (l) Is guilty of repeated malpractice, which may be

25-22  evidenced by claims of malpractice settled against a practitioner; or

25-23     [13.] (m) Is guilty of a fraudulent or deceptive practice as

25-24  determined by the Board,

25-25  the Board may, in the case of an applicant, refuse to grant him a

25-26  license, or may, in the case of a holder of a license, place him on

25-27  probation, reprimand him [privately or] publicly, require him to pay

25-28  an administrative fine of not more than $10,000, suspend or revoke

25-29  his license, or take any combination of these disciplinary actions.

25-30     2.  The Board shall not privately reprimand a holder of a

25-31  license.

25-32     3.  An order that imposes discipline and the findings of fact

25-33  and conclusions of law supporting that order are public records.

25-34     Sec. 45.  Chapter 637A of NRS is hereby amended by adding

25-35  thereto a new section to read as follows:

25-36     1.  Except as otherwise provided in this section, a complaint

25-37  filed with the Board, all documents and other information filed

25-38  with the complaint and all documents and other information

25-39  compiled as a result of an investigation conducted to determine

25-40  whether to initiate disciplinary action are confidential.

25-41     2.  The complaint or other document filed by the Board to

25-42  initiate disciplinary action and all documents and information

25-43  considered by the Board when determining whether to impose

25-44  discipline are public records.

 

26-1      Sec. 46.  NRS 637A.290 is hereby amended to read as follows:

26-2      637A.290  1.  The holder of any license issued by the Board

26-3  whose default has been entered or who has been heard by the Board

26-4  and found guilty of the violation alleged in the complaint may be

26-5  disciplined by the Board by one or more of the following methods:

26-6      (a) Placing the licensee on probation for a period not to exceed 2

26-7  years;

26-8      (b) Suspending the right of the licensee to practice, or the right

26-9  to use a license, for a period not to exceed 3 years;

26-10     (c) Revoking the license;

26-11     (d) Public [or private] reprimand;

26-12     (e) Imposition of an administrative fine not to exceed $5,000

26-13  upon a finding by the Board of more than one violation;

26-14     (f) [Requiring the licensee to pay the costs incurred by the

26-15  Board in investigating and disciplining the licensee;

26-16     (g)] Requiring the licensee to pay restitution to any person who

26-17  has suffered an economic loss as a result of a violation of the

26-18  provisions of this chapter or any regulation adopted by the Board

26-19  pursuant thereto; or

26-20     [(h)] (g) Requiring the licensee to retake and pass the

26-21  examination or otherwise demonstrate that he is qualified and

26-22  competent to practice.

26-23     2.  If a license is suspended, it must be surrendered to the Board

26-24  and returned to the licensee upon termination of the period of

26-25  suspension.

26-26     3.  The Board shall not issue a private reprimand.

26-27     4.  An order that imposes discipline and the findings of fact

26-28  and conclusions of law supporting that order are public records.

26-29     Sec. 47.  Chapter 637B of NRS is hereby amended by adding

26-30  thereto a new section to read as follows:

26-31     1.  Except as otherwise provided in this section, a complaint

26-32  filed with the Board, all documents and other information filed

26-33  with the complaint and all documents and other information

26-34  compiled as a result of an investigation conducted to determine

26-35  whether to initiate disciplinary action are confidential.

26-36     2.  The complaint or other document filed by the Board to

26-37  initiate disciplinary action and all documents and information

26-38  considered by the Board when determining whether to impose

26-39  discipline are public records.

26-40     Sec. 48.  NRS 637B.280 is hereby amended to read as follows:

26-41     637B.280  1.  If, after the hearing, the Board determines that

26-42  the applicant or licensee has committed any act which constitutes

26-43  grounds for disciplinary action, the Board may , in the case of the

26-44  applicant , refuse to issue a license, and in all other cases:

26-45     [1.] (a) Refuse to renew a license;

27-1      [2.] (b) Revoke a license;

27-2      [3.] (c) Suspend a license for a definite time, not to exceed 1

27-3  year;

27-4      [4.] (d) Administer to the licensee a public [or private]

27-5  reprimand; or

27-6      [5.] (e) Impose a civil penalty not to exceed $1,000.

27-7      2.  The Board shall not administer a private reprimand.

27-8      3.  An order that imposes discipline and the findings of fact

27-9  and conclusions of law supporting that order are public records

27-10     Sec. 49.  Chapter 638 of NRS is hereby amended by adding

27-11  thereto a new section to read as follows:

27-12     1.  Except as otherwise provided in this section, a complaint

27-13  filed with the Board, all documents and other information filed

27-14  with the complaint and all documents and other information

27-15  compiled as a result of an investigation conducted to determine

27-16  whether to initiate disciplinary action are confidential.

27-17     2.  The complaint or other document filed by the Board to

27-18  initiate disciplinary action and all documents and information

27-19  considered by the Board when determining whether to impose

27-20  discipline are public records.

27-21     Sec. 50.  NRS 638.087 is hereby amended to read as follows:

27-22     638.087  1.  The Board shall keep a record of:

27-23     (a) All charges filed against a licensee;

27-24     (b) The proceedings of any formal hearing conducted by the

27-25  Board or a hearing officer;

27-26     (c) Any order filed by the Board; and

27-27     (d) All licenses issued by the Board including the name of the

27-28  holder of the license, his business and residential addresses, the date

27-29  the license was issued and the serial number of the license.

27-30     2.  [The] Except as otherwise provided in section 49 of this

27-31  act, the records of the Board listed in subsection 1 must be open to

27-32  the public at reasonable times and places.

27-33     Sec. 51.  NRS 638.100 is hereby amended to read as follows:

27-34     638.100  1.  Any person who desires to secure a license to

27-35  practice veterinary medicine, surgery, obstetrics or dentistry in the

27-36  State of Nevada must make written application to the Executive

27-37  Director of the Board.

27-38     2.  The application must include the social security number of

27-39  the applicant and any other information required by the Board and

27-40  must be accompanied by satisfactory proof that the applicant:

27-41     (a) Is of good moral character;

27-42     (b) Except as otherwise provided in subsection 3, has received a

27-43  diploma conferring the degree of doctor of veterinary medicine or

27-44  its equivalent from a school of veterinary medicine within the

27-45  United States or Canada or, if the applicant is a graduate of a school

28-1  of veterinary medicine located outside the United States or Canada,

28-2  that he has received an educational certificate issued after

28-3  December 31, 1972, by the Educational [Committee on]

28-4  Commission for Foreign Veterinary Graduates of the American

28-5  Veterinary Medical Association;

28-6      (c) Has passed each examination required by the Board pursuant

28-7  to NRS 638.110; and

28-8      (d) Is a citizen of the United States or is lawfully entitled to

28-9  remain and work in the United States.

28-10     3.  A veterinary student in his final year at a school accredited

28-11  by the American Veterinary Medical Association may submit an

28-12  application to the Board and take the state examination administered

28-13  by the Board, but the Board may not issue him a license until he has

28-14  complied with the requirements of subsection 2.

28-15     4.  The application must be signed by the applicant, notarized

28-16  and accompanied by a fee set by the Board, not to exceed $500.

28-17     5.  The Board may refuse to issue a license upon satisfactory

28-18  proof that the applicant has committed an act which would be a

28-19  ground for disciplinary action if the applicant were a licensee.

28-20     [6.  If an applicant brings a civil action against the Board for

28-21  denial of a license and the decision of the Board is upheld, the

28-22  Board may recover all administrative expenses and attorney’s fees

28-23  and costs incurred by the Board in defending the action brought

28-24  against it.]

28-25     Sec. 52.  NRS 638.147 is hereby amended to read as follows:

28-26     638.147  1.  If the Board determines that any applicant for a

28-27  license or any person licensed pursuant to this chapter has

28-28  committed any of the acts which are grounds for disciplinary action,

28-29  the Board may:

28-30     [1.] (a) Refuse to issue a license.

28-31     [2.] (b) Refuse to renew a license.

28-32     [3.] (c) Revoke a license.

28-33     [4.] (d) Suspend a license for a definite period or until further

28-34  order of the Board.

28-35     [5.] (e) Impose a fine in an amount not to exceed $10,000 for

28-36  each act which constitutes a ground for disciplinary action.

28-37     [6.] (f) Place a licensee on probation subject to any reasonable

28-38  conditions imposed by the Board, including requiring courses in

28-39  continuing education or a periodic or continuous review of his

28-40  practice.

28-41     [7.] (g) Administer a public [or private reprimand.

28-42     8.] reprimand.

28-43     (h) Limit the practice of the licensee to specified branches of

28-44  veterinary medicine.

29-1      [9.] (i) Require the licensee to take a competency examination

29-2  or a mental or physical examination.

29-3      [10.  Require the licensee to pay all costs incurred by the Board

29-4  in taking disciplinary action against the licensee.]

29-5      2.  The Board shall not administer a private reprimand.

29-6      3.  An order that imposes discipline and the findings of fact

29-7  and conclusions of law supporting that order are public records.

29-8      Sec. 53.  NRS 639.2485 is hereby amended to read as follows:

29-9      639.2485  1.  [Any] Except as otherwise provided in this

29-10  section, any records or information obtained during the course of an

29-11  investigation by the Board and any record of the investigation are

29-12  confidential . [until the investigation is completed. Upon completion

29-13  of the investigation the information and records are public records,

29-14  only if:

29-15     (a) Disciplinary action is imposed by the Board as a result of the

29-16  investigation; or

29-17     (b) The person regarding whom the investigation was made

29-18  submits a written request to the Board asking that the information

29-19  and records be made public records.]

29-20     2.  The complaint or other document filed by the Board to

29-21  initiate disciplinary action and all documents and information

29-22  considered by the Board when determining whether to impose

29-23  discipline are public records.

29-24     3.  The Board may disclose to a practitioner and a law

29-25  enforcement agency information concerning a person who procures

29-26  or attempts to procure any dangerous drug or controlled substance in

29-27  violation of NRS 453.391 or 454.311.

29-28     [3.] 4.  If the Board receives a request or subpoena for records

29-29  or information obtained during an investigation by the Board and

29-30  the records or information is not made public pursuant to subsection

29-31  [1,] 2, the Board shall notify the person regarding whom the

29-32  investigation was made of the request or subpoena. If that person

29-33  does not consent in writing to the release of the records or

29-34  information, the Board may release the records or information only

29-35  upon the order of a court of competent jurisdiction.

29-36     Sec. 54.  NRS 639.255 is hereby amended to read as follows:

29-37     639.255  1.  The holder of any certificate, license or permit

29-38  issued by the Board, whose default has been entered or who has

29-39  been heard by the Board and found guilty of the violations alleged

29-40  in the accusation, may be disciplined by the Board by one or more

29-41  of the following methods:

29-42     (a) Suspending judgment;

29-43     (b) Placing the certificate, license or permit holder on probation;

30-1      (c) Suspending the right of a certificate holder to practice, or the

30-2  right to use any license or permit, for a period to be determined by

30-3  the Board;

30-4      (d) Revoking the certificate, license or permit;

30-5      (e) Public reprimand; or

30-6      (f) Imposition of a fine for each count of the accusation, in

30-7  accordance with the schedule of fines established pursuant to

30-8  subsection 3 . [; or

30-9      (g) Requiring the certificate, license or permit holder to pay all

30-10  costs and attorney’s fees incurred by the Board relating to the

30-11  discipline of the person.]

30-12     2.  Such action by the Board is final, except that the propriety of

30-13  such action is subject to review upon questions of law by a court of

30-14  competent jurisdiction.

30-15     3.  The Board shall , by regulation , establish a schedule of fines

30-16  that may be imposed pursuant to paragraph (f) of subsection 1. Each

30-17  fine must be commensurate with the severity of the applicable

30-18  violation, but must not exceed $10,000 for each violation.

30-19     4.  The Board shall not issue a private reprimand.

30-20     5.  An order that imposes discipline and the findings of fact

30-21  and conclusions of law supporting that order are public records.

30-22     Sec. 55.  NRS 640.075 is hereby amended to read as follows:

30-23     640.075  1.  [Any] Except as otherwise provided in this

30-24  section, any records or information obtained during the course of an

30-25  investigation by the Board and any record of the investigation are

30-26  confidential . [until the investigation is completed. Upon completion

30-27  of the investigation the information and records are public records,

30-28  only if:

30-29     (a) Disciplinary action is imposed by the Board as a result of the

30-30  investigation; or

30-31     (b) The person regarding whom the investigation was made

30-32  submits a written request to the Board asking that the information

30-33  and records be made public records.]

30-34     2.  The complaint or other document filed by the Board to

30-35  initiate disciplinary action and all documents and information

30-36  considered by the Board when determining whether to impose

30-37  discipline are public records.

30-38     3.  This section does not prevent or prohibit the Board from

30-39  communicating or cooperating with another licensing board or any

30-40  agency that is investigating a licensee, including a law enforcement

30-41  agency.

30-42     4.  An order that imposes discipline and the findings of fact

30-43  and conclusions of law supporting that order are public records.

 

 

31-1      Sec. 56.  NRS 640.160 is hereby amended to read as follows:

31-2      640.160  1.  The Board, after [due] notice and hearing, and

31-3  upon any ground enumerated in subsection 2, may take one or more

31-4  of the following actions:

31-5      (a) Refuse to issue a license or temporary license to any

31-6  applicant.

31-7      (b) Refuse to renew the license or temporary license of any

31-8  person.

31-9      (c) Suspend or revoke the license or temporary license of any

31-10  person.

31-11     (d) Place any person who has been issued a license or temporary

31-12  license on probation.

31-13     (e) Impose an administrative fine which does not exceed $5,000

31-14  on any person who has been issued a license.

31-15     [(f) Require any person who has been issued a license to pay all

31-16  costs incurred by the Board relating to the discipline of the person.]

31-17     2.  The Board may take action pursuant to subsection 1 if an

31-18  applicant or person who has been licensed pursuant to this chapter:

31-19     (a) Is habitually drunk or is addicted to the use of a controlled

31-20  substance.

31-21     (b) Has been convicted of violating any state or federal law

31-22  relating to controlled substances.

31-23     (c) Is, in the judgment of the Board, guilty of immoral or

31-24  unprofessional conduct.

31-25     (d) Has been convicted of any crime involving moral turpitude.

31-26     (e) Has been convicted of violating any of the provisions of

31-27  NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,

31-28  inclusive.

31-29     (f) Is guilty, in the judgment of the Board, of gross negligence in

31-30  his practice as a physical therapist which may be evidenced by

31-31  claims of malpractice settled against a practitioner.

31-32     (g) Has obtained or attempted to obtain a license by fraud or

31-33  material misrepresentation.

31-34     (h) Has been declared insane by a court of competent

31-35  jurisdiction and has not thereafter been lawfully declared sane.

31-36     (i) Has entered into any contract or arrangement which provides

31-37  for the payment of an unearned fee to any person following his

31-38  referral of a patient.

31-39     (j) Has employed as a physical therapist any unlicensed physical

31-40  therapist or physical therapist whose license has been suspended.

31-41     (k) Has had his license to practice physical therapy suspended,

31-42  revoked or in any way limited by another jurisdiction.

31-43     (l) Is determined to be professionally incompetent by the Board.

31-44     (m) Has violated any provision of this chapter or the Board’s

31-45  regulations.

32-1      Sec. 57.  NRS 640A.200 is hereby amended to read as follows:

32-2      640A.200  1.  The Board may, after notice and hearing,

32-3  suspend, revoke or refuse to issue or renew a license to practice as

32-4  an occupational therapist or occupational therapy assistant, or may

32-5  impose conditions upon the use of that license, if the Board

32-6  determines that the holder of or applicant for the license is guilty of

32-7  unprofessional conduct which has endangered or is likely to

32-8  endanger the public health, safety or welfare. The Board may

32-9  reinstate a revoked license upon application by the person to whom

32-10  the license was issued not less than 1 year after the license is

32-11  revoked.

32-12     2.  If the Board receives a report pursuant to subsection 5 of

32-13  NRS 228.420, a hearing must be held to consider the report within

32-14  30 days after receiving the report.

32-15     3. An order that imposes discipline and the findings of fact

32-16  and conclusions of law supporting that order are public records.

32-17     4.  As used in this section, “unprofessional conduct” includes:

32-18     (a) The obtaining of a license by fraud or through the

32-19  misrepresentation or concealment of a material fact;

32-20     (b) The conviction of any crime, except a misdemeanor which

32-21  does not involve moral turpitude; and

32-22     (c) The violation of any provision of this chapter or regulation

32-23  of the Board adopted pursuant to this chapter.

32-24     Sec. 58.  NRS 640A.220 is hereby amended to read as follows:

32-25     640A.220  [Any]

32-26     1.  Except as otherwise provided in this section, any records or

32-27  information obtained during the course of an investigation by the

32-28  Board are confidential . [until the investigation is completed. Upon

32-29  completion of the investigation, the records and information are

32-30  public records if:

32-31     1.  Disciplinary action is imposed by the Board as a result of the

32-32  investigation; or

32-33     2.  The person under investigation submits a written request to

32-34  the Board asking that the information and records be made]

32-35     2.  The complaint or other document filed by the Board to

32-36  initiate disciplinary action and all documents and information

32-37  considered by the Board when determining whether to impose

32-38  discipline are public records.

32-39     Sec. 59.  NRS 641.090 is hereby amended to read as follows:

32-40     641.090  1.  The Secretary-Treasurer shall make and keep on

32-41  behalf of the Board:

32-42     (a) A record of all its meetings and proceedings.

32-43     (b) A record of all violations and prosecutions under the

32-44  provisions of this chapter.

32-45     (c) A record of all examinations of applicants.

33-1      (d) A register of all licenses.

33-2      (e) A register of all holders of licenses.

33-3      (f) An inventory of the property of the Board and of the State in

33-4  the Board’s possession.

33-5      2.  These records must be kept in the office of the Board and ,

33-6  except as otherwise provided in NRS 641.255, are subject to public

33-7  inspection during normal working hours upon reasonable notice.

33-8      3.  The Board may keep the personnel records of applicants

33-9  confidential.

33-10     Sec. 60.  NRS 641.240 is hereby amended to read as follows:

33-11     641.240  1.  If the Board, a panel of its members or a hearing

33-12  officer appointed by the Board finds the person guilty as charged in

33-13  the complaint, it may:

33-14     [1.] (a) Administer a public [or private reprimand.

33-15     2.] reprimand.

33-16     (b) Limit his practice.

33-17     [3.] (c) Suspend his license for a period of not more than 1 year.

33-18     [4.] (d) Revoke his license.

33-19     [5.] (e) Impose a fine of not more than $5,000.

33-20     [6.] (f) Revoke or suspend his license and impose a monetary

33-21  penalty.

33-22     [7.] (g) Suspend the enforcement of any penalty by placing him

33-23  on probation. The Board may revoke the probation if the person

33-24  does not follow any conditions imposed.

33-25     [8.] (h) Require the person to submit to the supervision of or

33-26  counseling or treatment by a person designated by the Board. The

33-27  person named in the complaint is responsible for any expense

33-28  incurred.

33-29     [9.] (i) Impose and modify any conditions of probation for the

33-30  protection of the public or the rehabilitation of the probationer.

33-31     [10.] (j) Require the person to pay for the costs of remediation

33-32  or restitution.

33-33     [11.  Assess the costs of the disciplinary proceedings, including

33-34  any investigations.]

33-35     2.  The Board shall not administer a private reprimand.

33-36     3.   An order that imposes discipline and the findings of fact

33-37  and conclusions of law supporting that order are public records.

33-38     Sec. 61.  NRS 641.255 is hereby amended to read as follows:

33-39     641.255  [All]

33-40     1.  Except as otherwise provided in subsection 2, all

33-41  complaints filed with the Board , all information relating to a

33-42  complaint and all information relating to an investigation

33-43  conducted to determine whether to initiate disciplinary action are

33-44  confidential, except to the extent necessary for the conduct of an

33-45  investigation . [, until the Board determines whether to proceed with

34-1  any action authorized under this chapter. If the Board proceeds with

34-2  any action, confidentiality is no longer required.]

34-3      2.  The complaint or other document filed by the Board to

34-4  initiate disciplinary action and all documents and information

34-5  considered by the Board when determining whether to impose

34-6  discipline are public records.

34-7      Sec. 62.  NRS 641A.191 is hereby amended to read as follows:

34-8      641A.191  1.  [Any] Except as otherwise provided in this

34-9  section, any records or information obtained during the course of an

34-10  investigation by the Board and any record of the investigation are

34-11  confidential . [until the investigation is completed. Except as

34-12  otherwise provided in NRS 641A.315, upon completion of the

34-13  investigation the information and records are public records, only if:

34-14     (a) Disciplinary action is imposed by the Board as a result of the

34-15  investigation; or

34-16     (b) The person regarding whom the investigation was made

34-17  submits a written request to the Board asking that the information

34-18  and records be made public records.]

34-19     2.  The complaint or other document filed by the Board to

34-20  initiate disciplinary action and all documents and information

34-21  considered by the Board when determining whether to impose

34-22  discipline are public records.

34-23     3.  This section does not prohibit the Board from

34-24  communicating or cooperating with any other licensing board or

34-25  agency or any agency which is investigating a licensee, including a

34-26  law enforcement agency.

34-27     Sec. 63.  NRS 641A.320 is hereby amended to read as follows:

34-28     641A.320  1.  The Board may discipline the holder of any

34-29  license whose default has been entered or who has been heard by the

34-30  Board and found guilty, by any of the following methods:

34-31     [1.] (a) Placing him upon probation for a period to be

34-32  determined by the Board.

34-33     [2.] (b) Suspending his license for not more than 1 year.

34-34     [3.] (c) Revoking his license.

34-35     [4.] (d) Administering a [private or] public reprimand.

34-36     [5.] (e) Limiting his practice.

34-37     [6.] (f) Imposing an administrative fine of not more than

34-38  $5,000.

34-39     [7.] (g) Requiring him to complete successfully another

34-40  examination.

34-41     [8.  Requiring him to pay the costs incurred by the Board to

34-42  conduct the hearing.]

34-43     2.  The Board shall not administer a private reprimand.

34-44     3.  An order that imposes discipline and the findings of fact

34-45  and conclusions of law supporting that order are public records.

35-1      Sec. 64.  NRS 641B.430 is hereby amended to read as follows:

35-2      641B.430  1.  The defendant licensee must be accorded the

35-3  right to appear at the hearing of a complaint conducted by the Board

35-4  in person and through the representation of legal counsel. He must

35-5  be given adequate opportunity to confront the witnesses against him,

35-6  testify and introduce the testimony of witnesses in his behalf and

35-7  submit arguments and briefs in person or through his counsel. The

35-8  Board shall make and announce its decision as soon as practicable.

35-9      2.  The failure of the person charged to attend his hearing or

35-10  defend himself must not delay and does not void the proceedings.

35-11  The Board may, for good cause shown, continue any hearing from

35-12  time to time.

35-13     3.  If the Board finds the person guilty as charged in the

35-14  complaint, it may by order:

35-15     (a) Place the person on probation for a specified period or until

35-16  further order of the Board.

35-17     (b) Administer to the person a public [or private] reprimand.

35-18     (c) Limit the practice of the person to, or by exclusion of, one or

35-19  more specified branches of social work.

35-20     (d) Suspend the license of the person to practice social work for

35-21  a specified period or until further order of the Board.

35-22     (e) Revoke the license of the person to practice social work.

35-23     (f) Impose a fine of not more than $5,000, which must be

35-24  deposited with the State Treasurer for credit to the State General

35-25  Fund.

35-26     [(g) Require the person to pay all costs incurred by the Board

35-27  relating to the discipline of the person.]

35-28  The order of the Board may contain other terms, provisions or

35-29  conditions as the Board deems proper and which are not inconsistent

35-30  with law.

35-31     4.  The Board shall not administer a private reprimand.

35-32     5.  An order that imposes discipline and the findings of fact

35-33  and conclusions of law supporting that order are public records.

35-34     Sec. 65.  NRS 641C.720 is hereby amended to read as follows:

35-35     641C.720  1.  The Board or any of its members who become

35-36  aware of any ground for initiating disciplinary action against a

35-37  person engaging in the practice of counseling alcohol and drug

35-38  abusers in this state shall, and any other person who is so aware

35-39  may, file a written complaint specifying the relevant facts with the

35-40  Board. The complaint must specifically charge one or more of the

35-41  grounds for initiating disciplinary action.

35-42     2.  As soon as practicable after the filing of the complaint, the

35-43  Board shall set a date for a hearing thereon. The date must not be

35-44  earlier than 30 days after the complaint is filed, except that the date

35-45  may be changed upon agreement of the parties. The Board shall

36-1  immediately notify the licensed or certified counselor or certified

36-2  intern of the complaint and the date and place set for the hearing. A

36-3  copy of the complaint must be attached to the notice.

36-4      3.  The failure of the licensed or certified counselor or certified

36-5  intern to appear at the hearing does not delay or void the proceeding.

36-6      4.  The Board may, for good cause, continue a hearing from

36-7  time to time.

36-8      5.  If, after notice and a hearing, the Board determines that the

36-9  licensed or certified counselor or certified intern has violated a

36-10  provision of this chapter or any regulation adopted pursuant to this

36-11  chapter, it may:

36-12     (a) Administer a public [or private] reprimand;

36-13     (b) Suspend his license or certificate and impose conditions for

36-14  the removal of the suspension;

36-15     (c) Revoke his license or certificate and prescribe the

36-16  requirements for the reinstatement of the license or certificate;

36-17     (d) If he is a licensed or certified counselor, require him to be

36-18  supervised by another person while he engages in the practice of

36-19  counseling alcohol and drug abusers;

36-20     (e) Require him to participate in treatment or counseling and pay

36-21  the expenses of that treatment or counseling;

36-22     (f) Require him to pay restitution to any person adversely

36-23  affected by his acts or omissions;

36-24     (g) Impose a fine of not more than $5,000; or

36-25     (h) [Require him to pay the costs of the Board for the

36-26  investigation and hearing; or

36-27     (i)] Take any combination of the actions authorized by

36-28  paragraphs (a) to [(h),] (g), inclusive.

36-29     6.  If his license or certificate is revoked or suspended pursuant

36-30  to subsection 5, the licensed or certified counselor or certified intern

36-31  may apply to the Board for a rehearing within 10 days after the

36-32  license or certificate is revoked or suspended. The licensed or

36-33  certified counselor or certified intern may apply to the Board for

36-34  reinstatement of his revoked license or certificate not earlier than 1

36-35  year after the license or certificate is revoked. The Board may

36-36  accept or reject the application and may require the successful

36-37  completion of an examination as a condition of reinstatement of the

36-38  license or certificate.

36-39     7.  The Board shall not administer a private reprimand.

36-40     8.  An order that imposes discipline and the findings of fact

36-41  and conclusions of law supporting that order are public records.

36-42     Sec. 66.  NRS 641C.760 is hereby amended to read as follows:

36-43     641C.760  1.  [Any] Except as otherwise provided in this

36-44  section, any records or information obtained during the course of an

36-45  investigation by the Board and any record of the investigation are

37-1  confidential . [until the investigation is completed. Upon completion

37-2  of the investigation, the information and records are public records

37-3  if:

37-4      (a) Disciplinary action is imposed by the Board as a result of the

37-5  investigation; or

37-6      (b) The person regarding whom the investigation was made

37-7  submits a written request to the Board asking that the information

37-8  and records be made public records.]

37-9      2.  The complaint or other document filed by the Board to

37-10  initiate disciplinary action and all documents and information

37-11  considered by the Board when determining whether to impose

37-12  discipline are public records.

37-13     3.  If the Board receives a request or subpoena for records or

37-14  information obtained during an investigation by the Board and the

37-15  records or information is not made public pursuant to subsection [1,]

37-16  2, the Board shall notify the person regarding whom the

37-17  investigation was made of the request or subpoena. If that person

37-18  does not consent in writing to the release of the records or

37-19  information, the Board may release the records or information only

37-20  upon the order of a court of competent jurisdiction.

37-21     Sec. 67.  Chapter 642 of NRS is hereby amended by adding

37-22  thereto a new section to read as follows:

37-23     1.  Except as otherwise provided in this section, a complaint

37-24  filed with the Board, all documents and other information filed

37-25  with the complaint and all documents and other information

37-26  compiled as a result of an investigation conducted to determine

37-27  whether to initiate disciplinary action are confidential.

37-28     2.  The complaint or other document filed by the Board to

37-29  initiate disciplinary action and all documents and information

37-30  considered by the Board when determining whether to impose

37-31  discipline are public records.

37-32     Sec. 68.  NRS 642.135 is hereby amended to read as follows:

37-33     642.135  1.  If the Board determines that a person who is

37-34  licensed to practice the profession of embalming pursuant to this

37-35  chapter has committed any of the acts set forth in NRS 642.130, the

37-36  Board may:

37-37     [1.] (a) Refuse to renew his license;

37-38     [2.] (b) Revoke his license;

37-39     [3.] (c) Suspend his license for a definite period or until further

37-40  order of the Board;

37-41     [4.] (d) Impose a fine of not more than $5,000 for each act

37-42  which constitutes a ground for disciplinary action;

37-43     [5.] (e) Place him on probation for a definite period subject to

37-44  any reasonable conditions imposed by the Board;

37-45     [6.] (f) Administer a public [or private reprimand;

38-1      7.  Require him to pay the costs incurred by the Board in taking

38-2  disciplinary action against him; or

38-3      8.] reprimand; or

38-4      (g) Impose any combination of disciplinary actions set forth in

38-5  this section.

38-6      2.  The Board shall not administer a private reprimand.

38-7      3.  An order that imposes discipline and the findings of fact

38-8  and conclusions of law supporting that order are public records.

38-9      Sec. 69.  NRS 642.473 is hereby amended to read as follows:

38-10     642.473  1.  If the Board determines that a person who holds a

38-11  funeral director’s license, a permit to operate a funeral establishment

38-12  or a license to conduct direct cremations or immediate burials has

38-13  committed any of the acts set forth in NRS 642.470, the Board may:

38-14     (a) Refuse to renew his license or permit;

38-15     (b) Revoke his license or permit;

38-16     (c) Suspend his license or permit for a definite period or until

38-17  further order of the Board;

38-18     (d) Impose a fine of not more than $5,000 for each act that

38-19  constitutes a ground for disciplinary action;

38-20     (e) Place him on probation for a definite period subject to any

38-21  reasonable conditions imposed by the Board;

38-22     (f) Administer a public [or private] reprimand; or

38-23     (g) [Require him to pay the costs incurred by the Board in taking

38-24  disciplinary action against him; or

38-25     (h)] Impose any combination of disciplinary actions set forth in

38-26  paragraphs (a) to [(g),] (f), inclusive.

38-27     2.  Before the Board may refuse to renew, or suspend or revoke

38-28  a license or permit for any of the acts set forth in NRS 642.470, the

38-29  Board shall give at least 10 days’ notice in writing to the licensee or

38-30  holder of the permit. The notice must contain a brief statement of

38-31  the reasons for the proposed action of the Board and designate a

38-32  time and place for a hearing before any final action is taken.

38-33     3.  The Board shall not administer a private reprimand.

38-34     4.  An order that imposes discipline and the findings of fact

38-35  and conclusions of law supporting that order are public records.

38-36     Sec. 70.  Chapter 643 of NRS is hereby amended by adding

38-37  thereto a new section to read as follows:

38-38     1.  Except as otherwise provided in this section, a complaint

38-39  filed with the Board, all documents and other information filed

38-40  with the complaint and all documents and other information

38-41  compiled as a result of an investigation conducted to determine

38-42  whether to initiate disciplinary action are confidential.

38-43     2.  The complaint or other document filed by the Board to

38-44  initiate disciplinary action and all documents and information

39-1  considered by the Board when determining whether to impose

39-2  discipline are public records.

39-3      Sec. 71.  NRS 643.185 is hereby amended to read as follows:

39-4      643.185  1.  The following are grounds for disciplinary action

39-5  by the Board:

39-6      (a) Violation by any person licensed pursuant to the provisions

39-7  of this chapter of any provision of this chapter or the regulations

39-8  adopted by the Board.

39-9      (b) Conviction of a felony.

39-10     (c) Malpractice or incompetency.

39-11     (d) Continued practice by a person knowingly having an

39-12  infectious or contagious disease.

39-13     (e) Advertising, practicing or attempting to practice under

39-14  another’s name or trade name.

39-15     (f) Drunkenness or addiction to a controlled substance.

39-16     2.  If the Board determines that a violation of this section has

39-17  occurred, it may:

39-18     (a) Refuse to issue or renew a license;

39-19     (b) Revoke or suspend a license; and

39-20     (c) Impose a fine of not more than $1,000 . [; and

39-21     (d) Require the person to pay all costs incurred by the Board

39-22  relating to the discipline of the person.]

39-23     3.  An order that imposes discipline and the findings of fact

39-24  and conclusions of law supporting that order are public records.

39-25     Sec. 72.  Chapter 644 of NRS is hereby amended by adding

39-26  thereto a new section to read as follows:

39-27     1.  Except as otherwise provided in this section, a complaint

39-28  filed with the Board, all documents and other information filed

39-29  with the complaint and all documents and other information

39-30  compiled as a result of an investigation conducted to determine

39-31  whether to initiate disciplinary action are confidential.

39-32     2.  The complaint or other document filed by the Board to

39-33  initiate disciplinary action and all documents and information

39-34  considered by the Board when determining whether to impose

39-35  discipline are public records.

39-36     Sec. 73.  NRS 644.080 is hereby amended to read as follows:

39-37     644.080  The Board:

39-38     1.  Shall prescribe the duties of its officers, examiners and

39-39  employees, and fix the compensation of those employees.

39-40     2.  May establish offices in as many localities in the State as it

39-41  finds necessary to carry out the provisions of this chapter. All

39-42  records and files of the Board must be kept at the main office of the

39-43  Board and , except as otherwise provided in section 72 of this act,

39-44  be open to public inspection at all reasonable hours.

39-45     3.  May adopt a seal.

40-1      4.  May issue subpoenas to compel the attendance of witnesses

40-2  and the production of books and papers.

40-3      Sec. 74.  NRS 644.430 is hereby amended to read as follows:

40-4      644.430  1.  The following are grounds for disciplinary action

40-5  by the Board:

40-6      (a) Failure of an owner of a cosmetological establishment, a

40-7  licensed aesthetician, cosmetologist, hair designer, electrologist,

40-8  instructor, manicurist, demonstrator of cosmetics or school of

40-9  cosmetology, or a cosmetologist’s apprentice to comply with the

40-10  requirements of this chapter or the applicable regulations adopted by

40-11  the Board.

40-12     (b) Obtaining practice in cosmetology or any branch thereof, for

40-13  money or any thing of value, by fraudulent misrepresentation.

40-14     (c) Gross malpractice.

40-15     (d) Continued practice by a person knowingly having an

40-16  infectious or contagious disease.

40-17     (e) Drunkenness or the use or possession, or both, of a

40-18  controlled substance or dangerous drug without a prescription, while

40-19  engaged in the practice of cosmetology.

40-20     (f) Advertisement by means of knowingly false or deceptive

40-21  statements.

40-22     (g) Permitting a license to be used where the holder thereof is

40-23  not personally, actively and continuously engaged in business.

40-24     (h) Failure to display the license as provided in NRS 644.290,

40-25  644.360 and 644.410.

40-26     (i) Entering, by a school of cosmetology, into an unconscionable

40-27  contract with a student of cosmetology.

40-28     (j) Continued practice of cosmetology or operation of a

40-29  cosmetological establishment or school of cosmetology after the

40-30  license therefor has expired.

40-31     (k) Any other unfair or unjust practice, method or dealing

40-32  which, in the judgment of the Board, may justify such action.

40-33     2.  If the Board determines that a violation of this section has

40-34  occurred, it may:

40-35     (a) Refuse to issue or renew a license;

40-36     (b) Revoke or suspend a license;

40-37     (c) Place the licensee on probation for a specified period; or

40-38     (d) Impose a fine not to exceed $1,000.

40-39     3.  An order that imposes discipline and the findings of fact

40-40  and conclusions of law supporting that order are public records.

40-41     Sec. 75.  Chapter 645 of NRS is hereby amended by adding

40-42  thereto a new section to read as follows:

40-43     1.  Except as otherwise provided in this section, a complaint

40-44  filed with the Commission alleging a violation of this chapter, all

40-45  documents and other information filed with the complaint and all

41-1  documents and other information compiled as a result of an

41-2  investigation conducted to determine whether to initiate

41-3  disciplinary action are confidential.

41-4      2.  The complaint or other document filed by the Commission

41-5  to initiate disciplinary action and all documents and information

41-6  considered by the Commission when determining whether to

41-7  impose discipline are public records.

41-8      Sec. 76.  NRS 645.180 is hereby amended to read as follows:

41-9      645.180  1.  The Division shall adopt a seal by which it shall

41-10  authenticate its proceedings.

41-11     2.  [Records] Except as otherwise provided in section 75 of

41-12  this act, records kept in the office of the Division under authority of

41-13  this chapter are open to public inspection under regulations adopted

41-14  by the [Real Estate] Division, except that the Division may refuse to

41-15  make public, unless ordered to do so by a court:

41-16     (a) Real estate brokers’ and real estate salesmen’s examinations;

41-17  and

41-18     (b) [Files compiled by the Division while investigating possible

41-19  violations of this chapter or chapter 119 of NRS; and

41-20     (c)] The criminal and financial records of licensees, applicants

41-21  for licenses and owner-developers.

41-22     3.  Copies of all records and papers in the office of the Division,

41-23  certified and authenticated by the seal of the Division, must be

41-24  received in evidence in all courts equally and with like effect as the

41-25  originals.

41-26     Sec. 77.  NRS 645.630 is hereby amended to read as follows:

41-27     645.630  1.  The Commission may require a licensee, property

41-28  manager or owner-developer to pay an administrative fine of not

41-29  more than $5,000 for each violation he commits or suspend, revoke,

41-30  deny the renewal of or place conditions upon his license, permit or

41-31  registration, or impose any combination of those actions, at any time

41-32  if the licensee, property-manager or owner-developer has, by false

41-33  or fraudulent representation, obtained a license, permit or

41-34  registration, or the licensee, property manager or owner-developer,

41-35  whether or not acting as such, is found guilty of:

41-36     [1.] (a) Making any material misrepresentation.

41-37     [2.] (b) Making any false promises of a character likely to

41-38  influence, persuade or induce.

41-39     [3.] (c) Accepting a commission or valuable consideration as a

41-40  real estate broker-salesman or salesman for the performance of any

41-41  of the acts specified in this chapter or chapter 119 or 119A of NRS

41-42  from any person except the licensed real estate broker with whom he

41-43  is associated or the owner-developer by whom he is employed.

41-44     [4.] (d) Representing or attempting to represent a real estate

41-45  broker other than the broker with whom he is associated, without the

42-1  express knowledge and consent of the broker with whom he is

42-2  associated.

42-3      [5.] (e) Failing to maintain, for review and audit by the

42-4  Division, each brokerage agreement governed by the provisions of

42-5  this chapter and entered into by the licensee.

42-6      [6.] (f) Failing, within a reasonable time, to account for or to

42-7  remit any money which comes into his possession and which

42-8  belongs to others.

42-9      [7.] (g) If he is required to maintain a trust account:

42-10     [(a)] (1) Failing to balance the trust account at least monthly;

42-11  and

42-12     [(b)] (2) Failing to submit to the Division an annual accounting

42-13  of the trust account as required in NRS 645.310.

42-14     [8.] (h) Commingling the money or other property of his clients

42-15  with his own or converting the money of others to his own use.

42-16     [9.] (i) In the case of a broker-salesman or salesman, failing to

42-17  place in the custody of his licensed broker or owner-developer, as

42-18  soon as possible, any deposit or other money or consideration

42-19  entrusted to him by any person dealing with him as the

42-20  representative of his licensed broker.

42-21     [10.] (j) Accepting other than cash as earnest money unless that

42-22  fact is communicated to the owner before his acceptance of the offer

42-23  to purchase and that fact is shown in the receipt for the earnest

42-24  money.

42-25     [11.] (k) Upon acceptance of an agreement, in the case of a

42-26  broker, failing to deposit any check or cash received as earnest

42-27  money before the end of the next banking day unless otherwise

42-28  provided in the purchase agreement.

42-29     [12.] (l) Inducing any party to a brokerage agreement, sale or

42-30  lease to break it in order to substitute a new brokerage agreement,

42-31  agreement of sale or lease with the same or another party if the

42-32  inducement to make the substitution is offered to secure personal

42-33  gain to the licensee or owner-developer.

42-34  [If discipline is imposed pursuant to this section, the costs of the

42-35  proceeding, including investigative costs and attorney’s fees, may

42-36  be recovered by the Board.]

42-37     2.  An order that imposes discipline and the findings of fact

42-38  and conclusions of law supporting that order are public records.

42-39     Sec. 78.  NRS 645.990 is hereby amended to read as follows:

42-40     645.990  1.  A person who:

42-41     (a) Obtains or attempts to obtain a license pursuant to this

42-42  chapter by means of intentional misrepresentation, deceit or fraud;

42-43  or

43-1      (b) Sells or attempts to sell in this state any interest in real

43-2  property by means of intentional misrepresentation, deceit or

43-3  fraud,

43-4  is guilty of a category D felony and shall be punished as provided in

43-5  NRS 193.130. In addition to any other penalty, the court shall order

43-6  the person to pay restitution.

43-7      2.  Any licensee, permittee or owner-developer who commits an

43-8  act described in NRS 645.630, 645.633 or 645.635 shall be punished

43-9  by a fine of not more than $5,000 for each offense.

43-10     3.  A person who violates any other provision of this chapter, if

43-11  a natural person, is guilty of a gross misdemeanor, and if a limited-

43-12  liability company, partnership, association or corporation, shall be

43-13  punished by a fine of not more than $2,500.

43-14     4.  Any officer or agent of a corporation, or member or agent of

43-15  a limited-liability company, partnership or association, who

43-16  personally participates in or is an accessory to any violation of this

43-17  chapter by the limited-liability company, partnership, association or

43-18  corporation, is subject to the penalties prescribed in this section for

43-19  natural persons.

43-20     5.  The provisions of this section do not release a person from

43-21  civil liability or criminal prosecution pursuant to the general laws of

43-22  this state.

43-23     6.  The Administrator may prefer a complaint for violation of

43-24  NRS 645.230 before any court of competent jurisdiction and may

43-25  take the necessary legal steps through the proper legal officers of

43-26  this state to enforce the provisions thereof.

43-27     7.  Any court of competent jurisdiction may try any violation of

43-28  this chapter, and upon conviction, the court may revoke or suspend

43-29  the license of the person so convicted, in addition to imposing the

43-30  other penalties provided in this section.

43-31     [8.  If discipline is imposed pursuant to this section, the costs of

43-32  the proceeding, including investigative costs and attorney’s fees,

43-33  may be recovered by the Administrator.]

43-34     Sec. 79.  Chapter 645A of NRS is hereby amended by adding

43-35  thereto a new section to read as follows:

43-36     1.  Except as otherwise provided in this section, a complaint

43-37  filed with the Commissioner, all documents and other information

43-38  filed with the complaint and all documents and other information

43-39  compiled as a result of the investigation conducted to determine

43-40  whether to initiate disciplinary action are confidential.

43-41     2.  The complaint or other document filed by the

43-42  Commissioner to initiate disciplinary action and all documents

43-43  and information considered by the Commissioner when

43-44  determining whether to impose discipline are public records.

 

44-1      Sec. 80.  NRS 645A.050 is hereby amended to read as follows:

44-2      645A.050  1.  Subject to the administrative control of the

44-3  Director of the Department of Business and Industry, the

44-4  Commissioner shall exercise general supervision and control over

44-5  escrow agents and agencies doing business in the State of Nevada.

44-6      2.  In addition to the other duties imposed upon him by law, the

44-7  Commissioner shall:

44-8      (a) Adopt such regulations as may be necessary for making this

44-9  chapter effective.

44-10     (b) Conduct or cause to be conducted each year an examination

44-11  of each escrow agency licensed pursuant to this chapter.

44-12     (c) Conduct such investigations as may be necessary to

44-13  determine whether any person has violated any provision of this

44-14  chapter.

44-15     (d) Conduct such examinations, investigations and hearings, in

44-16  addition to those specifically provided for by law, as may be

44-17  necessary and proper for the efficient administration of the laws of

44-18  this state relating to escrow.

44-19     (e) Classify as confidential the financial statements of an escrow

44-20  agency and those records and information obtained by the Division

44-21  which:

44-22         (1) Are obtained from a governmental agency upon the

44-23  express condition that they remain confidential.

44-24         (2) [Consist] Except as otherwise provided in section 79 of

44-25  this act, consist of information compiled by the Division in the

44-26  investigation of possible violations of this chapter.

44-27  This paragraph does not limit examination by the Legislative

44-28  Auditor or any other person pursuant to a court order.

44-29     3.  An escrow agency may engage a certified public accountant

44-30  to perform such an examination in lieu of the Division. In such a

44-31  case, the examination must be equivalent to the type of examination

44-32  made by the Division and the expense must be borne by the escrow

44-33  agency being examined.

44-34     4.  The Commissioner shall determine whether an examination

44-35  performed by an accountant pursuant to subsection 3 is equivalent to

44-36  an examination conducted by the Division. The Commissioner may

44-37  examine any area of the operation of an escrow agency if the

44-38  Commissioner determines that the examination of that area is not

44-39  equivalent to an examination conducted by the Division.

44-40     Sec. 81.  NRS 645A.090 is hereby amended to read as follows:

44-41     645A.090  1.  The Commissioner may refuse to license any

44-42  escrow agent or agency or may suspend or revoke any license or

44-43  impose a fine of not more than $500 for each violation by entering

44-44  an order to that effect, with his findings in respect thereto, if upon a

44-45  hearing, it is determined that the applicant or licensee:

45-1      (a) In the case of an escrow agency, is insolvent;

45-2      (b) Has violated any provision of this chapter or any regulation

45-3  adopted pursuant thereto or has aided and abetted another to do so;

45-4      (c) In the case of an escrow agency, is in such a financial

45-5  condition that he cannot continue in business with safety to his

45-6  customers;

45-7      (d) Has committed fraud in connection with any transaction

45-8  governed by this chapter;

45-9      (e) Has intentionally or knowingly made any misrepresentation

45-10  or false statement to, or concealed any essential or material fact

45-11  from, any principal or designated agent of a principal in the course

45-12  of the escrow business;

45-13     (f) Has intentionally or knowingly made or caused to be made to

45-14  the Commissioner any false representation of a material fact or has

45-15  suppressed or withheld from the Commissioner any information

45-16  which the applicant or licensee possesses;

45-17     (g) Has failed without reasonable cause to furnish to the parties

45-18  of an escrow their respective statements of the settlement within a

45-19  reasonable time after the close of escrow;

45-20     (h) Has failed without reasonable cause to deliver, within a

45-21  reasonable time after the close of escrow, to the respective parties of

45-22  an escrow transaction any money, documents or other properties

45-23  held in escrow in violation of the provisions of the escrow

45-24  instructions;

45-25     (i) Has refused to permit an examination by the Commissioner

45-26  of his books and affairs or has refused or failed, within a reasonable

45-27  time, to furnish any information or make any report that may be

45-28  required by the Commissioner pursuant to the provisions of this

45-29  chapter;

45-30     (j) Has been convicted of a felony or any misdemeanor of which

45-31  an essential element is fraud;

45-32     (k) In the case of an escrow agency, has failed to maintain

45-33  complete and accurate records of all transactions within the last 6

45-34  years;

45-35     (l) Has commingled the money of others with his own or

45-36  converted the money of others to his own use;

45-37     (m) Has failed, before the close of escrow, to obtain written

45-38  escrow instructions concerning any essential or material fact or

45-39  intentionally failed to follow the written instructions which have

45-40  been agreed upon by the parties and accepted by the holder of the

45-41  escrow;

45-42     (n) Has failed to disclose in writing that he is acting in the dual

45-43  capacity of escrow agent or agency and undisclosed principal in any

45-44  transaction; or

45-45     (o) In the case of an escrow agency, has:

46-1          (1) Failed to maintain adequate supervision of an escrow

46-2  agent; or

46-3          (2) Instructed an escrow agent to commit an act which would

46-4  be cause for the revocation of the escrow agent’s license and the

46-5  escrow agent committed the act. An escrow agent is not subject to

46-6  disciplinary action for committing such an act under instruction by

46-7  the escrow agency.

46-8      2.  It is sufficient cause for the imposition of a fine or the

46-9  refusal, suspension or revocation of the license of a partnership,

46-10  corporation or any other association that any member of the

46-11  partnership or any officer or director of the corporation or

46-12  association has been guilty of any act or omission which would be

46-13  cause for such action had the applicant or licensee been a natural

46-14  person.

46-15     3.  The Commissioner may suspend any license for not more

46-16  than 30 days, pending a hearing, if upon examination into the affairs

46-17  of the licensee it is determined that any of the grounds enumerated

46-18  in subsection 1 or 2 exist.

46-19     4.  The Commissioner may refuse to issue a license to any

46-20  person who, within 10 years before the date of applying for a current

46-21  license, has had suspended or revoked a license issued pursuant to

46-22  this chapter or a comparable license issued by any other state,

46-23  district or territory of the United States or any foreign country.

46-24     5.  An order that imposes discipline and the findings of fact

46-25  and conclusions of law supporting that order are public records.

46-26     Sec. 82.  Chapter 645B of NRS is hereby amended by adding

46-27  thereto a new section to read as follows:

46-28     1.  Except as otherwise provided in this section, a complaint

46-29  filed with the Commissioner, all documents and other information

46-30  filed with the complaint and all documents and other information

46-31  compiled as a result of an investigation conducted to determine

46-32  whether to initiate disciplinary action are confidential.

46-33     2.  The complaint or other document filed by the

46-34  Commissioner to initiate disciplinary action and all documents

46-35  and information considered by the Commissioner when

46-36  determining whether to impose discipline are public records.

46-37     3.  An order that imposes discipline and the findings of fact

46-38  and conclusions of law supporting that order are public records.

46-39     Sec. 83.  NRS 645B.070 is hereby amended to read as follows:

46-40     645B.070  1.  In the conduct of any examination, periodic or

46-41  special audit, investigation or hearing, the Commissioner may:

46-42     (a) Compel the attendance of any person by subpoena.

46-43     (b) Administer oaths.

46-44     (c) Examine any person under oath concerning the business and

46-45  conduct of affairs of any person subject to the provisions of this

47-1  chapter and in connection therewith require the production of any

47-2  books, records or papers relevant to the inquiry.

47-3      2.  Any person subpoenaed under the provisions of this section

47-4  who willfully refuses or willfully neglects to appear at the time and

47-5  place named in the subpoena or to produce books, records or papers

47-6  required by the Commissioner, or who refuses to be sworn or

47-7  answer as a witness, is guilty of a misdemeanor and shall be

47-8  punished as provided in NRS 645B.950.

47-9      3.  [The] In addition to the authority to recover attorney’s fees

47-10  and costs pursuant to section 3 of this act, the Commissioner may

47-11  assess against and collect from a person all costs, including, without

47-12  limitation, reasonable attorney’s fees, that are attributable to any

47-13  examination, periodic or special audit, investigation or hearing that

47-14  is conducted to examine or investigate the conduct, activities or

47-15  business of the person pursuant to this chapter.

47-16     Sec. 84.  NRS 645B.090 is hereby amended to read as follows:

47-17     645B.090  1.  Except as otherwise provided in this section or

47-18  by specific statute, all papers, documents, reports and other written

47-19  instruments filed with the Commissioner pursuant to this chapter are

47-20  open to public inspection.

47-21     2.  Except as otherwise provided in subsection 3, the

47-22  Commissioner may withhold from public inspection or refuse to

47-23  disclose to a person, for such time as the Commissioner considers

47-24  necessary, any information that, in his judgment, would:

47-25     (a) Impede or otherwise interfere with an investigation that is

47-26  currently pending against a mortgage broker;

47-27     (b) Have an undesirable effect on the welfare of the public or the

47-28  welfare of any mortgage broker or mortgage agent; or

47-29     (c) Give any mortgage broker a competitive advantage over any

47-30  other mortgage broker.

47-31     3.  [The] Except as otherwise provided in section 82 of this

47-32  act, the Commissioner shall disclose the following information

47-33  concerning a mortgage broker to any person who requests it:

47-34     (a) The findings and results of any investigation which has been

47-35  completed during the immediately preceding 5 years against the

47-36  mortgage broker pursuant to the provisions of this chapter and

47-37  which has resulted in a finding by the Commissioner that the

47-38  mortgage broker committed a violation of a provision of this

47-39  chapter, a regulation adopted pursuant to this chapter or an order of

47-40  the Commissioner; and

47-41     (b) The nature of any disciplinary action that has been taken

47-42  during the immediately preceding 5 years against the mortgage

47-43  broker pursuant to the provisions of this chapter.

 

 

48-1      Sec. 85.  NRS 645B.610 is hereby amended to read as follows:

48-2      645B.610  1.  If a person properly files a complaint with the

48-3  Commissioner pursuant to NRS 645B.600, the Commissioner shall

48-4  investigate each violation alleged in the complaint, unless the

48-5  Commissioner has previously investigated the alleged violation.

48-6      2.  Except as otherwise provided in subsection 2 of NRS

48-7  645B.090, if the Commissioner does not conduct an investigation of

48-8  an alleged violation pursuant to subsection 1 because he previously

48-9  has investigated the alleged violation, the Commissioner shall

48-10  provide to the person who filed the complaint a written summary of

48-11  the previous investigation and the nature of any disciplinary action

48-12  that was taken as a result of the previous investigation.

48-13     3.  If the Commissioner conducts an investigation of an alleged

48-14  violation pursuant to subsection 1, the Commissioner shall

48-15  determine from the investigation whether there is reasonable cause

48-16  to believe that the person committed the alleged violation.

48-17     4.  If, upon investigation, the Commissioner determines that

48-18  there is not reasonable cause to believe that the person committed

48-19  the alleged violation, the Commissioner shall provide the reason for

48-20  his determination, in writing, to the person who filed the complaint

48-21  and to the person alleged to have committed the violation.

48-22     5.  Except as otherwise provided in subsection 6, if, upon

48-23  investigation, the Commissioner determines that there is reasonable

48-24  cause to believe that the person committed the alleged violation, the

48-25  Commissioner shall:

48-26     (a) Schedule a hearing concerning the alleged violation;

48-27     (b) Mail to the last known address of the person who filed the

48-28  complaint written notice that must include, without limitation:

48-29         (1) The date, time and place of the hearing; and

48-30         (2) A statement of each alleged violation that will be

48-31  considered at the hearing; and

48-32     (c) By personal service in accordance with the Nevada Rules of

48-33  Civil Procedure and any applicable provision of NRS, serve written

48-34  notice of the hearing to the person alleged to have committed the

48-35  violation. The written notice that is served pursuant to this

48-36  paragraph must include, without limitation:

48-37         (1) The date, time and place of the hearing;

48-38         (2) A copy of the complaint and a statement of each alleged

48-39  violation that will be considered at the hearing; and

48-40         (3) A statement informing the person that, pursuant to NRS

48-41  645B.760, if he fails to appear, without reasonable cause, at the

48-42  hearing:

48-43             (I) He is guilty of a misdemeanor; and

48-44             (II) The Commissioner is authorized to conduct the

48-45  hearing in his absence, draw any conclusions that the Commissioner

49-1  deems appropriate from his failure to appear and render a decision

49-2  concerning each alleged violation.

49-3      6.  [The Commissioner is not required to schedule or conduct a

49-4  hearing concerning an alleged violation pursuant to subsection 5 if

49-5  the Commissioner and the person alleged to have committed the

49-6  violation enter] If the Commissioner enters into a written consent

49-7  agreement settling or resolving the alleged violation , [. If such a

49-8  written consent agreement is executed,] the Commissioner shall

49-9  provide a copy of the written consent agreement to the person who

49-10  filed the complaint.

49-11     7.  The Commissioner may:

49-12     (a) Investigate and conduct a hearing concerning any alleged

49-13  violation, whether or not a complaint has been filed.

49-14     (b) Hear and consider more than one alleged violation against a

49-15  person at the same hearing.

49-16     Sec. 86.  Chapter 645C of NRS is hereby amended by adding

49-17  thereto a new section to read as follows:

49-18     1.  Except as otherwise provided in this section, a complaint

49-19  filed with the Commission, all documents and other information

49-20  filed with the complaint and all documents and other information

49-21  compiled as a result of an investigation conducted to determine

49-22  whether to initiate disciplinary action are confidential.

49-23     2.  The complaint or other document filed by the Commission

49-24  to initiate disciplinary action and all documents and information

49-25  considered by the Commission when determining whether to

49-26  impose discipline are public records.

49-27     Sec. 87.  NRS 645C.220 is hereby amended to read as follows:

49-28     645C.220  1.  The Division shall maintain a record of:

49-29     (a) Persons whose applications for a certificate, license or

49-30  registration card have been denied;

49-31     (b) Investigations conducted by it which result in the initiation

49-32  of formal disciplinary proceedings;

49-33     (c) Formal disciplinary proceedings; and

49-34     (d) Rulings or decisions upon complaints filed with it.

49-35     2.  Except as otherwise provided in this section, and section 86

49-36  of this act, records kept in the office of the Division pursuant to this

49-37  chapter are open to the public for inspection pursuant to regulations

49-38  adopted by the Commission. The Division may keep confidential,

49-39  unless otherwise ordered by a court:

49-40     (a) Examinations for a certificate or license; and

49-41     (b) [Information obtained by the Division while investigating

49-42  alleged violations of this chapter; and

49-43     (c)] The criminal and financial records of an appraiser or intern,

49-44  or an applicant for a certificate, license or registration card.

 

50-1      Sec. 88.  NRS 645C.460 is hereby amended to read as follows:

50-2      645C.460  1.  Grounds for disciplinary action against a

50-3  certified or licensed appraiser or registered intern include:

50-4      (a) Unprofessional conduct;

50-5      (b) Professional incompetence;

50-6      (c) A criminal conviction for a felony or any offense involving

50-7  moral turpitude; and

50-8      (d) The suspension or revocation of a registration card,

50-9  certificate, license or permit to act as an appraiser in any other

50-10  jurisdiction.

50-11     2.  If grounds for disciplinary action against an appraiser or

50-12  intern exist, the Commission may do one or more of the following:

50-13     (a) Revoke or suspend his certificate, license or registration

50-14  card.

50-15     (b) Place conditions upon his certificate, license or registration

50-16  card, or upon the reissuance of a certificate, license or registration

50-17  card revoked pursuant to this section.

50-18     (c) Deny the renewal of his certificate, license or registration

50-19  card.

50-20     (d) Impose a fine of not more than $1,000 for each violation.

50-21     3.  If a certificate, license or registration card is revoked by the

50-22  Commission, another certificate, license or registration card must

50-23  not be issued to the same appraiser or intern for at least 1 year after

50-24  the date of the revocation, or at any time thereafter except in the sole

50-25  discretion of the Administrator, and then only if the appraiser or

50-26  intern satisfies all the requirements for an original certificate, license

50-27  or registration card.

50-28     4.  [If discipline is imposed pursuant to this section, the costs of

50-29  the proceeding, including investigative costs and attorney’s fees,

50-30  may be recovered by the Commission.] An order that imposes

50-31  discipline and the findings of fact and conclusions of law

50-32  supporting that order are public records.

50-33     Sec. 89.  Chapter 645D of NRS is hereby amended by adding

50-34  thereto a new section to read as follows:

50-35     1.  Except as otherwise provided in this section, a complaint

50-36  filed with the Division, all documents and other information filed

50-37  with the complaint and all documents and other information

50-38  compiled as a result of an investigation conducted to determine

50-39  whether to initiate disciplinary action are confidential.

50-40     2.  The complaint or other document filed by the Division to

50-41  initiate disciplinary action and all documents and information

50-42  considered by the Division when determining whether to impose

50-43  discipline are public records.

50-44     Sec. 90.  NRS 645D.130 is hereby amended to read as follows:

50-45     645D.130  1.  The Division shall maintain a record of:

51-1      (a) Persons from whom it receives applications for a certificate;

51-2      (b) Investigations conducted by it that result in the initiation of

51-3  formal disciplinary proceedings;

51-4      (c) Formal disciplinary proceedings; and

51-5      (d) Rulings or decisions upon complaints filed with it.

51-6      2.  Except as otherwise provided in this section, and section 89

51-7  of this act, records kept in the office of the Division pursuant to this

51-8  chapter are open to the public for inspection pursuant to regulations

51-9  adopted by the Division. The Division shall keep confidential,

51-10  unless otherwise ordered by a court[:

51-11     (a) Information obtained by the Division while investigating

51-12  alleged violations of this chapter; and

51-13     (b) The] , the criminal and financial records of an inspector or of

51-14  an applicant for a certificate.

51-15     Sec. 91.  NRS 645D.700 is hereby amended to read as follows:

51-16     645D.700  1.  Grounds for disciplinary action against a

51-17  certified inspector are:

51-18     (a) Unprofessional conduct;

51-19     (b) Professional incompetence; and

51-20     (c) A criminal conviction for a felony or any offense involving

51-21  moral turpitude.

51-22     2.  If grounds for disciplinary action against a certified

51-23  inspector exist, the Division may, after providing the inspector with

51-24  notice and an opportunity for a hearing, do one or more of the

51-25  following:

51-26     (a) Revoke or suspend his certificate.

51-27     (b) Place conditions upon his certificate or upon the reissuance

51-28  of a certificate revoked pursuant to this section.

51-29     (c) Deny the renewal of his certificate

51-30     (d) Impose a fine of not more than $1,000 for each violation.

51-31     3.  If a certificate is revoked by the Division, another certificate

51-32  must not be issued to the same inspector for at least 1 year after the

51-33  date of the revocation, or at any time thereafter except in the sole

51-34  discretion of the Administrator, and then only if the inspector

51-35  satisfies the requirements for an original certificate.

51-36     4.  An order that imposes discipline and the findings of fact

51-37  and conclusions of law supporting that order are public records.

51-38     Sec. 92.  Chapter 645E of NRS is hereby amended by adding

51-39  thereto a new section to read as follows:

51-40     1.  Except as otherwise provided in this section, a complaint

51-41  filed with the Commissioner, all documents and other information

51-42  filed with the complaint and all documents and other information

51-43  compiled as a result of an investigation conducted to determine

51-44  whether to initiate disciplinary action are confidential.

52-1      2.  The complaint or other document filed by the

52-2  Commissioner to initiate disciplinary action and all documents

52-3  and information considered by the Commissioner when

52-4  determining whether to impose discipline are public records.

52-5      Sec. 93.  NRS 645E.310 is hereby amended to read as follows:

52-6      645E.310  1.  In the conduct of any examination, periodic or

52-7  special audit, investigation or hearing, the Commissioner may:

52-8      (a) Compel the attendance of any person by subpoena.

52-9      (b) Administer oaths.

52-10     (c) Examine any person under oath concerning the business and

52-11  conduct of affairs of any person subject to the provisions of this

52-12  chapter and , in connection therewith , require the production of any

52-13  books, records or papers relevant to the inquiry.

52-14     2.  Any person subpoenaed under the provisions of this section

52-15  who willfully refuses or willfully neglects to appear at the time and

52-16  place named in the subpoena or to produce books, records or papers

52-17  required by the Commissioner, or who refuses to be sworn or

52-18  answer as a witness, is guilty of a misdemeanor.

52-19     3.  [The] In addition to the authority to recover attorney’s fees

52-20  and costs pursuant to section 3 of this act, the Commissioner may

52-21  assess against and collect from a person all costs, including, without

52-22  limitation, reasonable attorney’s fees, that are attributable to any

52-23  examination, periodic or special audit, investigation or hearing that

52-24  is conducted to examine or investigate the conduct, activities or

52-25  business of the person pursuant to this chapter.

52-26     Sec. 94.  NRS 645E.670 is hereby amended to read as follows:

52-27     645E.670  1.  For each violation committed by an applicant,

52-28  whether or not he is issued a license, the Commissioner may impose

52-29  upon the applicant an administrative fine of not more than $10,000,

52-30  if the applicant:

52-31     (a) Has knowingly made or caused to be made to the

52-32  Commissioner any false representation of material fact;

52-33     (b) Has suppressed or withheld from the Commissioner any

52-34  information which the applicant possesses and which, if submitted

52-35  by him, would have rendered the applicant ineligible to be licensed

52-36  pursuant to the provisions of this chapter; or

52-37     (c) Has violated any provision of this chapter, a regulation

52-38  adopted pursuant to this chapter or an order of the Commissioner in

52-39  completing and filing his application for a license or during the

52-40  course of the investigation of his application for a license.

52-41     2.  For each violation committed by a licensee, the

52-42  Commissioner may impose upon the licensee an administrative fine

52-43  of not more than $10,000, may suspend, revoke or place conditions

52-44  upon his license, or may do both, if the licensee, whether or not

52-45  acting as such:

53-1      (a) Is insolvent;

53-2      (b) Is grossly negligent or incompetent in performing any act for

53-3  which he is required to be licensed pursuant to the provisions of this

53-4  chapter;

53-5      (c) Does not conduct his business in accordance with law or has

53-6  violated any provision of this chapter, a regulation adopted pursuant

53-7  to this chapter or an order of the Commissioner;

53-8      (d) Is in such financial condition that he cannot continue in

53-9  business with safety to his customers;

53-10     (e) Has made a material misrepresentation in connection with

53-11  any transaction governed by this chapter;

53-12     (f) Has suppressed or withheld from a client any material facts,

53-13  data or other information relating to any transaction governed by the

53-14  provisions of this chapter which the licensee knew or, by the

53-15  exercise of reasonable diligence, should have known;

53-16     (g) Has knowingly made or caused to be made to the

53-17  Commissioner any false representation of material fact or has

53-18  suppressed or withheld from the Commissioner any information

53-19  which the licensee possesses and which, if submitted by him, would

53-20  have rendered the licensee ineligible to be licensed pursuant to the

53-21  provisions of this chapter;

53-22     (h) Has failed to account to persons interested for all money

53-23  received for a trust account;

53-24     (i) Has refused to permit an examination by the Commissioner

53-25  of his books and affairs or has refused or failed, within a reasonable

53-26  time, to furnish any information or make any report that may be

53-27  required by the Commissioner pursuant to the provisions of this

53-28  chapter or a regulation adopted pursuant to this chapter;

53-29     (j) Has been convicted of, or entered a plea of nolo contendere

53-30  to, a felony or any crime involving fraud, misrepresentation or

53-31  moral turpitude;

53-32     (k) Has refused or failed to pay, within a reasonable time, any

53-33  fees, assessments, costs or expenses that the licensee is required to

53-34  pay pursuant to this chapter or a regulation adopted pursuant to this

53-35  chapter;

53-36     (l) Has failed to satisfy a claim made by a client which has been

53-37  reduced to judgment;

53-38     (m) Has failed to account for or to remit any money of a client

53-39  within a reasonable time after a request for an accounting or

53-40  remittal;

53-41     (n) Has commingled the money or other property of a client

53-42  with his own or has converted the money or property of others to his

53-43  own use; or

53-44     (o) Has engaged in any other conduct constituting a deceitful,

53-45  fraudulent or dishonest business practice.

54-1      3.  An order that imposes discipline and the findings of fact

54-2  and conclusions of law supporting that order are public records.

54-3      Sec. 95.  NRS 648.034 is hereby amended to read as follows:

54-4      648.034  1.  [Any] Except as otherwise provided in this

54-5  section, any records or information obtained during the course of an

54-6  investigation of a licensee by the Board and any record of the

54-7  investigation are confidential . [until the investigation is completed.

54-8  Upon completion of the investigation the information and records

54-9  are public records, only if:

54-10     (a) Disciplinary action is imposed by the Board as a result of the

54-11  investigation; or

54-12     (b) The person regarding whom the investigation was made

54-13  submits a written request to the Board asking that the information

54-14  and records be made public records.]

54-15     2.  The complaint or other document filed by the Board to

54-16  initiate disciplinary action and all documents and information

54-17  considered by the Board when determining whether to impose

54-18  discipline are public records.

54-19     3.  This section does not prevent or prohibit the Board from

54-20  communicating or cooperating with another licensing board or any

54-21  agency that is investigating a licensee, including a law enforcement

54-22  agency.

54-23     Sec. 96.  NRS 648.175 is hereby amended to read as follows:

54-24     648.175  1.  If, after a hearing, the Board finds that cause

54-25  exists, the Board may:

54-26     [1.] (a) Revoke the license of the licensee.

54-27     [2.] (b) Suspend the license of the licensee for not more than 1

54-28  year for each violation.

54-29     [3.] (c) Fine the licensee not more than $5,000 for each

54-30  violation.

54-31     [4.] (d) Suspend an order authorized by this section upon such

54-32  terms and conditions as the Board considers appropriate.

54-33     [5.] (e) Place the licensee on probation for not more than 2

54-34  years upon such terms and conditions as the Board considers

54-35  appropriate.

54-36     [6.  Publicly or privately]

54-37     (f) Publicly reprimand the licensee.

54-38     [7.] (g) Affirm, modify or vacate the penalty imposed by a

54-39  notice of violation.

54-40     [8.  Require the licensee to pay all costs incurred by the Board

54-41  relating to the discipline of the licensee.]

54-42     2.  An order that imposes discipline and the findings of fact

54-43  and conclusions of law supporting that order are public records.

 

 

55-1      Sec. 97.  Chapter 649 of NRS is hereby amended by adding

55-2  thereto a new section to read as follows:

55-3      1.  Except as otherwise provided in this section, a complaint

55-4  filed with the Commissioner, all documents and other information

55-5  filed with the complaint and all documents and other information

55-6  compiled as a result of an investigation conducted to determine

55-7  whether to initiate disciplinary action are confidential.

55-8      2.  The complaint or other document filed by the

55-9  Commissioner to initiate disciplinary action and all documents

55-10  and information considered by the Commissioner when

55-11  determining whether to impose discipline are public records.

55-12     Sec. 98.  NRS 649.395 is hereby amended to read as follows:

55-13     649.395  1.  The Commissioner may impose an administrative

55-14  fine, not to exceed $500 for each violation, or suspend or revoke the

55-15  license of a collection agency, or both impose a fine and suspend or

55-16  revoke the license, by an order made in writing and filed in his

55-17  office and served on the licensee by registered or certified mail at

55-18  the address shown in the records of the Commissioner, if:

55-19     (a) The licensee is adjudged liable in any court of law for breach

55-20  of any bond given under the provisions of this chapter; or

55-21     (b) After notice and hearing, the licensee is found guilty of:

55-22         (1) Fraud or misrepresentation;

55-23         (2) An act or omission inconsistent with the faithful

55-24  discharge of his duties and obligations; or

55-25         (3) A violation of any provision of this chapter.

55-26     2.  The Commissioner may suspend or revoke the license of a

55-27  collection agency without notice and hearing if:

55-28     (a) The suspension or revocation is necessary for the immediate

55-29  protection of the public; and

55-30     (b) The licensee is afforded a hearing to contest the suspension

55-31  or revocation within 20 days after the written order of suspension or

55-32  revocation is served upon the licensee.

55-33     3.  Upon revocation of his license, all rights of the licensee

55-34  under this chapter terminate, and no application may be received

55-35  from any person whose license has once been revoked.

55-36     4.  An order that imposes discipline and the findings of fact

55-37  and conclusions of law supporting that order are public records.

55-38     Sec. 99.  Chapter 652 of NRS is hereby amended by adding

55-39  thereto a new section to read as follows:

55-40     1.  Except as otherwise provided in this section, a complaint

55-41  filed with the Board, all documents and other information filed

55-42  with the complaint and all documents and other information

55-43  compiled as a result of an investigation conducted to determine

55-44  whether to initiate disciplinary action are confidential.

56-1      2.  The complaint or other document filed by the Board to

56-2  initiate disciplinary action and all documents and information

56-3  considered by the Board when determining whether to impose

56-4  discipline are public records.

56-5      3.  An order that imposes discipline and the findings of fact

56-6  and conclusions of law supporting that order are public records.

56-7      Sec. 100.  Chapter 654 of NRS is hereby amended by adding

56-8  thereto a new section to read as follows:

56-9      1.  Except as otherwise provided in this section, a complaint

56-10  filed with the Board, all documents and other information filed

56-11  with the complaint and all documents and other information

56-12  compiled as a result of an investigation conducted to determine

56-13  whether to initiate disciplinary action are confidential.

56-14     2.  The complaint or other document filed by the Board to

56-15  initiate disciplinary action and all documents and information

56-16  considered by the Board when determining whether to impose

56-17  discipline are public records.

56-18     Sec. 101.  NRS 654.110 is hereby amended to read as follows:

56-19     654.110  1.  The Board shall:

56-20     (a) Develop, impose and enforce standards which must be met

56-21  by persons to receive licenses as nursing facility administrators or

56-22  administrators of residential facilities for groups. The standards

56-23  must be designed to ensure that nursing facility administrators or

56-24  persons acting as administrators of residential facilities for groups

56-25  will be persons who are of good character and otherwise suitable,

56-26  and who, by training or experience in their respective fields of

56-27  administering health care facilities, are qualified to serve as nursing

56-28  facility administrators or administrators of residential facilities for

56-29  groups.

56-30     (b) Develop and apply appropriate techniques, including

56-31  examinations and investigations, for determining whether a person

56-32  meets those standards.

56-33     (c) Issue licenses to persons determined, after the application of

56-34  appropriate techniques, to meet those standards.

56-35     (d) Revoke or suspend licenses previously issued by the Board

56-36  in any case if the person holding the license is determined

56-37  substantially to have failed to conform to the requirements of the

56-38  standards.

56-39     (e) Establish and carry out procedures designed to ensure that

56-40  persons licensed as nursing facility administrators or administrators

56-41  of residential facilities for groups will, during any period they serve

56-42  as such, comply with the requirements of the standards.

56-43     (f) Receive, investigate and take appropriate action with respect

56-44  to any charge or complaint filed with the Board to the effect that any

56-45  person licensed as a nursing facility administrator or an

57-1  administrator of a residential facility for groups has failed to comply

57-2  with the requirements of the standards. The Board shall initiate an

57-3  investigation of any charge or complaint filed with the Board within

57-4  30 days after receiving the charge or complaint.

57-5      (g) Conduct a continuing study of:

57-6          (1) Facilities for skilled nursing, facilities for intermediate

57-7  care and their administrators; and

57-8          (2) Residential facilities for groups and their

57-9  administrators,

57-10  with a view to the improvement of the standards imposed for the

57-11  licensing of administrators and of procedures and methods for the

57-12  enforcement of the standards.

57-13     (h) Conduct or approve, or both, a program of training and

57-14  instruction designed to enable all persons to obtain the qualifications

57-15  necessary to meet the standards set by the Board for qualification as

57-16  a nursing facility administrator or an administrator of a residential

57-17  facility for groups.

57-18     2.  All the records kept by the Board, not otherwise privileged

57-19  [,] or confidential, are public records.

57-20     Sec. 102.  NRS 654.190 is hereby amended to read as follows:

57-21     654.190  1.  The Board may, after notice and hearing, impose

57-22  an administrative fine of not more than $2,500 on and suspend or

57-23  revoke the license of any nursing facility administrator or

57-24  administrator of a residential facility for groups who:

57-25     (a) Is convicted of a felony, or of any offense involving moral

57-26  turpitude.

57-27     (b) Has obtained his license by the use of fraud or deceit.

57-28     (c) Violates any of the provisions of this chapter.

57-29     (d) Aids or abets any person in the violation of any of the

57-30  provisions of NRS 449.001 to 449.240, inclusive, as those

57-31  provisions pertain to a facility for skilled nursing, facility for

57-32  intermediate care or residential facility for groups.

57-33     (e) Violates any regulation of the Board prescribing additional

57-34  standards of conduct for nursing facility administrators or

57-35  administrators of residential facilities for groups.

57-36     2.  The Board shall give a licensee against whom proceedings

57-37  are brought pursuant to this section written notice of a hearing not

57-38  less than 10 days before the date of the hearing.

57-39     3.  [If discipline is imposed pursuant to this section, the costs of

57-40  the proceeding, including investigative costs and attorney’s fees,

57-41  may be recovered by the Board.] An order that imposes discipline

57-42  and the findings of fact and conclusions of law supporting that

57-43  order are public records.

 

58-1      Sec. 103.  Chapter 656 of NRS is hereby amended by adding

58-2  thereto a new section to read as follows:

58-3      1.  Except as otherwise provided in this section, a complaint

58-4  filed with the Board, all documents and other information filed

58-5  with the complaint and all documents and other information

58-6  compiled as a result of an investigation conducted to determine

58-7  whether to initiate disciplinary action are confidential.

58-8      2.  The complaint or other document filed by the Board to

58-9  initiate disciplinary action and all documents and information

58-10  considered by the Board when determining whether to impose

58-11  discipline are public records.

58-12     3.  An order that imposes discipline and the findings of fact

58-13  and conclusions of law supporting that order are public records.

58-14     Sec. 104.  NRS 623A.295, 630.142, 633.611, 634.165,

58-15  638.154, 639.091 and 656.295 are hereby repealed.

 

58-16  LEADLINES OF REPEALED SECTIONS

 

58-17     623A.295  Confidentiality of proceedings.

58-18     630.142  Award of costs and attorney’s fees.

58-19     633.611  Confidentiality of proceedings.

58-20     634.165  Confidentiality of proceedings.

58-21     638.154  Court may award costs and reasonable attorney’s

58-22   fees incurred by Board.

58-23     639.091  Award of costs and attorney’s fees to Board.

58-24     656.295  Disciplinary proceedings: Costs; attorney’s fees.

 

58-25  H