Amendment No. 817

 

Assembly Amendment to Senate Bill No. 332  Second Reprint                                         (BDR 40‑1036)

Proposed by: Committee on Commerce and Labor

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:              Title:              Preamble:               Joint Sponsorship:

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend sec. 2, page 2, line 11, by deleting:

“3 and 4” and inserting:

“3 to 7, inclusive,”.

     Amend the bill as a whole by renumbering sections 5 through 8 as sections 8 through 11 and adding new sections designated sections 5 through 7, following sec. 4, to read as follows:

     “Sec. 5.  1.  If the Governor determines that there are critically unmet needs with regard to the number of physicians who are practicing a medical specialty within this state, the Governor may declare that a state of critical medical need exists for that medical specialty. The Governor may, but is not required to, limit such a declaration to one or more geographic areas within this state.

     2.  In determining whether there are critically unmet needs with regard to the number of physicians who are practicing a medical specialty, the Governor may consider, without limitation:

     (a) Any statistical data analyzing the number of physicians who are practicing the medical specialty in relation to the total population of this state or any geographic area within this state;

     (b) The demand within this state or any geographic area within this state for the types of services provided by the medical specialty; and

     (c) Any other factors relating to the medical specialty that may adversely affect the delivery of health care within this state or any geographic area within this state.

     3.  If the Governor makes a declaration pursuant to this section, the Board may waive the requirements of paragraph (d) of subsection 2 of NRS 630.160 for an applicant if the applicant:

     (a) Intends to practice medicine in one or more of the medical specialties designated by the Governor in his declaration and, if the Governor has limited his declaration to one or more geographic areas within this state, in one or more of those geographic areas;

     (b) Has completed at least 1 year of training as a resident in the United States or Canada in a program approved by the Board, the Accreditation Council for Graduate Medical Education or the Coordinating Council of Medical Education of the Canadian Medical Association, respectively;

     (c) Has a minimum of 5 years of practical medical experience as a licensed allopathic physician or such other equivalent training as the Board deems appropriate; and

     (d) Meets all other conditions and requirements for a license to practice medicine.

     4.  Any license issued pursuant to this section is a restricted license, and the person who holds the restricted license may practice medicine in this state only in the medical specialties and geographic areas for which the restricted license is issued.

     5.  Any person who holds a restricted license issued pursuant to this section and who completes 3 years of full-time practice under the restricted license may apply to the Board for an unrestricted license. In considering an application for an unrestricted license pursuant to this subsection, the Board shall require the applicant to meet all statutory requirements for licensure in effect at the time of application except the requirements of paragraph (d) of subsection 2 of NRS 630.160.

     Sec. 6.  Except as otherwise provided in NRS 630.161, the Board may issue a license by endorsement to practice medicine to an applicant who has been issued a license to practice medicine by the District of Columbia or any state or territory of the United States if:

     1.  At the time the applicant files his application with the Board, the license is in effect;

     2.  The applicant:

     (a) Submits to the Board proof of passage of an examination approved by the Board;

     (b) Submits to the Board any documentation and other proof of qualifications required by the Board;

     (c) Meets all of the statutory requirements for licensure to practice medicine in effect at the time of application except for the requirements set forth in NRS 630.160; and

     (d) Completes any additional requirements relating to the fitness of the applicant to practice required by the Board; and

     3.  Any documentation and other proof of qualifications required by the Board is authenticated in a manner approved by the Board.

     Sec. 7. 1.  The Board shall maintain a website on the Internet or its successor.

     2.  The Board shall place on the website:

     (a) Each application form for the issuance or renewal of a license issued by the Board pursuant to this chapter; and

     (b) A list of questions that are frequently asked concerning the processes of the Board and the answers to those questions.”.

     Amend sec. 7, page 3, by deleting line 13 and inserting:

, 630.164 and sections 4, 5 and 6 of this act, a license may be issued to any”.

     Amend sec. 7, page 3, line 25, after “Is” by inserting “currently”.

     Amend sec. 7, page 3, line 26, after “Specialties” by inserting:

and who agrees to maintain such certification for the duration of his licensure,”.

     Amend sec. 7, page 3, line 40, after “Is” by inserting “currently”.

     Amend sec. 7, page 3, line 41, after “Specialties” by inserting:

in the specialty of emergency medicine, preventive medicine or family practice and who agrees to maintain certification in at least one of these specialties for the duration of his licensure,”.

     Amend sec. 7, page 4, by deleting lines 10 and 11 and inserting “Board; and”.

     Amend the bill as a whole by renumbering sec. 9 as sec. 14 and adding new sections designated sections 12 and 13, following sec. 8, to read as follows:

     “Sec. 12. NRS 630.165 is hereby amended to read as follows:

     630.165  1.  [An] Except as otherwise provided in subsection 2, an applicant for a license to practice medicine must submit to the Board, on a form provided by the Board, an application in writing, accompanied by an affidavit stating that:

     (a) The applicant is the person named in the proof of graduation and that it was obtained without fraud or misrepresentation or any mistake of which the applicant is aware; and

     (b) The information contained in the application and any accompanying material is complete and correct.

     2.  An applicant for a license by endorsement to practice medicine pursuant to section 6 of this act must submit to the Board, on a form provided by the Board, an application in writing, accompanied by an affidavit stating that:

     (a) The applicant is the person named in the license to practice medicine issued by the District of Columbia or any state or territory of the United States and that the license was obtained without fraud or misrepresentation or any mistake of which the applicant is aware; and

     (b) The information contained in the application and any accompanying material is complete and correct.

     3.  An application submitted pursuant to subsection 1 or 2 must include the social security number of the applicant.

     [3.] 4. In addition to the other requirements for licensure, the Board may require such further evidence of the mental, physical, medical or other qualifications of the applicant as it considers necessary.

     [4.] 5. The applicant bears the burden of proving and documenting his qualifications for licensure.

     Sec. 13. NRS 630.258 is hereby amended to read as follows:

     630.258  1.  A physician who is retired from active practice and who wishes to donate his expertise for the medical care and treatment of indigent persons in this state may obtain a special volunteer medical license by submitting an application to the Board pursuant to this section.

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

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

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

     (c) Proof that the physician satisfies the requirements for licensure set forth in NRS 630.160 [;] or the requirements for licensure by endorsement set forth in section 6 of this act;

     (d) Acknowledgment that the practice of the physician under the special volunteer medical license will be exclusively devoted to providing medical care to indigent persons in this state; and

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

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

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

     5.  The Board shall not charge a fee for:

     (a) The review of an application for a special volunteer medical license; or

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

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

     7.  A physician who is issued a special volunteer medical license pursuant to this section shall comply with the requirements for continuing education adopted by the Board.”.

     Amend the bill as a whole by renumbering sections 10 and 11 as sections 16 and 17 and adding a new section designated sec. 15, following sec. 9, to read as follows:

     “Sec. 15. NRS 630.268 is hereby amended to read as follows:

     630.268  1.  The Board shall charge and collect not more than the following fees:

 

For application for and issuance of a license to practice as a physician , including a license by endorsement ............................................................................................................... $600

For application for and issuance of a temporary, locum tenens, limited, restricted, special or special purpose license............................................................................................................................. 400

For renewal of a limited, restricted or special license............................................................. 400

For application for and issuance of a license as a physician assistant....................................... 400

For biennial registration of a physician assistant..................................................................... 800

For biennial registration of a physician................................................................................... 800

For application for and issuance of a license as a practitioner of respiratory care.................... 400

For biennial registration of a practitioner of respiratory care................................................... 600

For biennial registration for a physician who is on inactive status............................................ 400

For written verification of licensure.......................................................................................... 50

For a duplicate identification card........................................................................................... 25

For a duplicate license............................................................................................................ 50

For computer printouts or labels........................................................................................... 500

For verification of a listing of physicians, per hour.................................................................... 20

For furnishing a list of new physicians.................................................................................... 100

 

     2.  In addition to the fees prescribed in subsection 1, the Board shall charge and collect necessary and reasonable fees for its other services.

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

     Amend the title of the bill, fourth line, after “physicians;” by inserting:

“authorizing the Board of Medical Examiners to waive certain requirements for licensure to practice medicine if the Governor declares a state of critical need exists for certain medical specialties; authorizing the Board to issue a license by endorsement to practice medicine to certain qualified applicants who have been issued a license to practice medicine by the District of Columbia or any state or territory of the United States; requiring the Board to maintain a website on the Internet;”.

     Amend the summary of the bill to read as follows:

“SUMMARY—Revises qualifications of State Health Officer, clarifies restrictions on use of “M.D.” title and makes various changes relating to licensure of physicians and Board of Medical Examiners. (BDR 40‑1036)”.