REQUIRES TWO-THIRDS MAJORITY VOTE (§§ 39, 70)exempt

                                                 (Reprinted with amendments adopted on April 22, 2003)

 

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

 

March 10, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Revises various provisions relating to regulated businesses and professions. (BDR 57‑835)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

~

 

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

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

2-1  Section 1.  Chapter 622 of NRS is hereby amended by adding

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

2-3  act.

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

2-5  requires, the words and terms defined in sections 3, 4 and 5 of this

2-6  act have the meanings ascribed to them in those sections.

2-7  Sec. 3. “License” mean any license, certificate, registration,

2-8  permit or similar type of authorization issued by a regulatory body.

2-9  Sec. 4. “Licensee” means a person who holds any license,

2-10  certificate, registration, permit or similar type of authorization

2-11  issued by a regulatory body.

2-12      Sec. 5. “Regulatory body” means:

2-13      1.  Any agency, board or commission which has the authority

2-14  to regulate an occupation or profession pursuant to this title; and

2-15      2.  Any officer of an agency, board or commission which has

2-16  the authority to regulate an occupation or profession pursuant to

2-17  this title.

2-18      Sec. 6. In regulating an occupation or profession pursuant to

2-19  this title, each regulatory body shall carry out and enforce the

2-20  provisions of this title for the protection and benefit of the public.

2-21      Sec. 7. If any provision of this title requires a regulatory

2-22  body to disclose information to the public in any proceeding or as

2-23  part of any record, such a provision does not apply to any personal

2-24  medical information or records of a patient that are confidential

2-25  or otherwise protected from disclosure by any other provision of

2-26  federal or state law.

2-27      Sec. 8.  1.  The provisions of NRS 241.020 do not apply to

2-28  proceedings relating to an investigation conducted to determine

2-29  whether to proceed with disciplinary action against a licensee,

2-30  unless the licensee requests that the proceedings be conducted

2-31  pursuant to those provisions.

2-32      2.  If the regulatory body decides to proceed with disciplinary

2-33  action against the licensee, all proceedings that are conducted

2-34  after that decision and are related to that disciplinary action are

2-35  subject to the provisions of NRS 241.020.

2-36      Sec. 9.  1.  Except as otherwise provided in this section, a

2-37  regulatory body may not enter into a consent or settlement

2-38  agreement with a person who has allegedly committed a violation

2-39  of any provision of this title which the regulatory body has the

2-40  authority to enforce, any regulation adopted pursuant thereto or

2-41  any order of the regulatory body, unless the regulatory body

2-42  discusses and approves the terms of the agreement in a public

2-43  meeting.

3-1  2.  A regulatory body that consists of one natural person may

3-2  enter into a consent or settlement agreement without complying

3-3  with the provisions of subsection 1 if:

3-4  (a) The regulatory body posts notice in accordance with the

3-5  requirements for notice for a meeting held pursuant to chapter

3-6  241 of NRS and the notice states that:

3-7       (1) The regulatory body intends to resolve the alleged

3-8  violation by entering into a consent or settlement agreement with

3-9  the person who allegedly committed the violation; and

3-10          (2) For the limited time set forth in the notice, any person

3-11  may request that the regulatory body conduct a public meeting to

3-12  discuss the terms of the consent or settlement agreement by

3-13  submitting a written request for such a meeting to the regulatory

3-14  body within the time prescribed in the notice; and

3-15      (b) At the expiration of the time prescribed in the notice, the

3-16  regulatory body has not received any requests for a public meeting

3-17  regarding the consent or settlement agreement.

3-18      3.  If a regulatory body enters into a consent or settlement

3-19  agreement that is subject to the provisions of this section, the

3-20  agreement is a public record.

3-21      4.  The provisions of this section do not apply to a consent or

3-22  settlement agreement between a regulatory body and a licensee

3-23  that provides for the licensee to enter a diversionary program for

3-24  the treatment of alcohol, chemical or substance abuse or

3-25  dependency.

3-26      Sec. 10.  1.  A regulatory body may recover from a person

3-27  reasonable attorney’s fees and costs that are incurred by the

3-28  regulatory body as part of its investigative, administrative and

3-29  disciplinary proceedings against the person if the regulatory body:

3-30      (a) Enters a final order in which it finds that the person has

3-31  violated any provision of this title which the regulatory body has

3-32  the authority to enforce, any regulation adopted pursuant thereto

3-33  or any order of the regulatory body; or

3-34      (b) Enters into a consent or settlement agreement in which the

3-35  regulatory body finds or the person admits or does not contest that

3-36  the person has violated any provision of this title which the

3-37  regulatory body has the authority to enforce, any regulation

3-38  adopted pursuant thereto or any order of the regulatory body.

3-39      2.  As used in this section, “costs” means:

3-40      (a) Costs of an investigation.

3-41      (b) Costs for photocopies, facsimiles, long distance telephone

3-42  calls and postage and delivery.

3-43      (c) Fees for court reporters at any depositions or hearings.

3-44      (d) Fees for expert witnesses and other witnesses at any

3-45  depositions or hearings.

4-1  (e) Fees for necessary interpreters at any depositions or

4-2  hearings.

4-3  (f) Fees for service and delivery of process and subpoenas.

4-4  (g) Expenses for research, including, without limitation,

4-5  reasonable and necessary expenses for computerized services for

4-6  legal research.

4-7  Sec. 11. A court shall award to a regulatory body reasonable

4-8  attorney’s fees and reasonable costs specified in NRS 18.005 that

4-9  are incurred by the regulatory body to bring or defend in any

4-10  action if:

4-11      1.  The action relates to the imposition or recovery of an

4-12  administrative or civil remedy or penalty, the enforcement of any

4-13  subpoena issued by the regulatory body or the enforcement of any

4-14  provision of this title which the regulatory body has the authority

4-15  to enforce, any regulation adopted pursuant thereto or any order

4-16  of the regulatory body; and

4-17      2.  The court determines that the regulatory body is the

4-18  prevailing party in the action.

4-19      Sec. 12. NRS 622.100 is hereby amended to read as follows:

4-20      622.100  1.  Each [occupational licensing board] regulatory

4-21  body shall, on or before the 20th day of January, April, July and

4-22  October, submit to the Director of the Legislative Counsel Bureau a

4-23  summary of each disciplinary action taken by the regulatory body

4-24  during the immediately preceding calendar quarter against [the

4-25  holder of a license, certificate, registration or permit issued by the

4-26  occupational licensing board.] any licensee of the regulatory body.

4-27      2.  The Director of the Legislative Counsel Bureau shall:

4-28      (a) Provide any information he receives pursuant to subsection 1

4-29  to a member of the public upon request;

4-30      (b) Cause a notice of the availability of such information to be

4-31  posted on the public website of the Nevada Legislature on the

4-32  Internet; and

4-33      (c) Transmit a compilation of the information he receives

4-34  pursuant to subsection 1 to the Legislative Commission quarterly,

4-35  unless otherwise directed by the Commission.

4-36      Sec. 13. NRS 622.110 is hereby amended to read as follows:

4-37      622.110  1.  Each [occupational licensing board] regulatory

4-38  body shall, on or before November 1 of each even-numbered year,

4-39  submit a report of its activities to the Director of the Legislative

4-40  Counsel Bureau.

4-41      2.  The report must include, without limitation:

4-42      (a) The number of licenses [, certificates, registrations and

4-43  permits, respectively,] issued by the [occupational licensing board]

4-44  regulatory body during the immediately preceding 2 fiscal years;

5-1  (b) A summary of the budget of the [occupational licensing

5-2  board] regulatory body during the immediately preceding 2 fiscal

5-3  years that is related to the duties of the [occupational licensing

5-4  board] regulatory body pursuant to this title, including, without

5-5  limitation, a description of all income and expenditures related to

5-6  such duties;

5-7  (c) A summary of each disciplinary action taken by the

5-8  regulatory body during the immediately preceding 2 fiscal years

5-9  against [the holder of a license, certificate, registration or permit

5-10  issued by the occupational licensing board;] any licensee of the

5-11  regulatory body; and

5-12      (d) Any other information that is requested by the Director of

5-13  the Legislative Counsel Bureau or which the [occupational licensing

5-14  board] regulatory body determines would be helpful to the

5-15  Legislature in evaluating whether the continued existence of the

5-16  [occupational licensing board] regulatory body is necessary.

5-17      3.  The Director of the Legislative Counsel Bureau shall

5-18  compile all the reports he receives and distribute copies of the

5-19  compilation to the Senate Standing Committee on Commerce and

5-20  Labor and the Assembly Standing Committee on Commerce and

5-21  Labor, which each shall review the compilation to determine

5-22  whether the continued existence of each [occupational licensing

5-23  board] regulatory body is necessary.

5-24      Sec. 14.  NRS 623.131 is hereby amended to read as follows:

5-25      623.131  1.  Except as otherwise provided in subsections 2, 3

5-26  and 4, the records of the Board which relate to:

5-27      (a) An employee of the Board;

5-28      (b) An examination given by the Board; or

5-29      (c) Complaints and charges filed with the Board and the material

5-30  compiled as a result of its investigation of those complaints and

5-31  charges,

5-32  are confidential.

5-33      2.  The records described in subsection 1 may be disclosed,

5-34  pursuant to procedures established by regulation of the Board, to a

5-35  court or an agency of the Federal Government, any state, any

5-36  political subdivision of this state , or any other related professional

5-37  board or organization.

5-38      3.  [Upon completion of an investigation by the Board, any

5-39  records of the Board described in paragraph (c) of subsection 1 are

5-40  public records only if:

5-41      (a) Disciplinary action is imposed by the Board as a result of the

5-42  investigation; or

5-43      (b) The person regarding whom the investigation was made

5-44  submits a written request to the Board requesting that the records be

5-45  made] The complaint or other document filed by the Board to

6-1  initiate disciplinary action and all other documents and

6-2  information considered by the Board when determining whether to

6-3  impose discipline are public records.

6-4  4.  The Board may report to other related professional boards

6-5  and organizations an applicant’s score on an examination given by

6-6  the Board.

6-7  Sec. 15.  NRS 623.270 is hereby amended to read as follows:

6-8  623.270  1.  The Board may place the holder of any certificate

6-9  of registration issued pursuant to the provisions of this chapter on

6-10  probation, publicly reprimand him, fine him not more than $10,000,

6-11  suspend or revoke his license, impose the costs of investigation and

6-12  prosecution upon him or take any combination of these disciplinary

6-13  actions, if proof satisfactory to the Board is presented that:

6-14      (a) The certificate was obtained by fraud or concealment of a

6-15  material fact.

6-16      (b) The holder of the certificate has been found guilty by the

6-17  Board or by a court of justice of any fraud, deceit or concealment of

6-18  a material fact in his professional practice, or has been convicted by

6-19  a court of justice of a crime involving moral turpitude.

6-20      (c) The holder of the certificate has been found guilty by the

6-21  Board of incompetency, negligence or gross negligence in:

6-22          (1) The practice of architecture or residential design; or

6-23          (2) His practice as a registered interior designer.

6-24      (d) The holder of a certificate has affixed his signature or seal to

6-25  plans, drawings, specifications or other instruments of service which

6-26  have not been prepared by him or in his office, or under his

6-27  responsible control, or has permitted the use of his name to assist

6-28  any person who is not a registered architect, registered interior

6-29  designer or residential designer to evade any provision of this

6-30  chapter.

6-31      (e) The holder of a certificate has aided or abetted any

6-32  unauthorized person to practice:

6-33          (1) Architecture or residential design; or

6-34          (2) As a registered interior designer.

6-35      (f) The holder of the certificate has violated any law, regulation

6-36  or code of ethics pertaining to:

6-37          (1) The practice of architecture or residential design; or

6-38          (2) Practice as a registered interior designer.

6-39      (g) The holder of a certificate has failed to comply with an order

6-40  issued by the Board or has failed to cooperate with an investigation

6-41  conducted by the Board.

6-42      2.  [If discipline is imposed pursuant to the provisions of this

6-43  section, the costs of the proceeding, including investigative costs

6-44  and attorney’s fees, may be recovered by the Board.

7-1  3.] The conditions for probation imposed pursuant to the

7-2  provisions of subsection 1 may include, but are not limited to:

7-3  (a) Restriction on the scope of professional practice.

7-4  (b) Peer review.

7-5  (c) Required education or counseling.

7-6  (d) Payment of restitution to each person who suffered harm or

7-7  loss.

7-8  [(e) Payment of all costs of the administrative investigation and

7-9  prosecution.

7-10      4.] 3. An order that imposes discipline and the findings of

7-11  fact and conclusions of law supporting that order are public

7-12  records.

7-13      4.  The Board shall not privately reprimand the holder of any

7-14  certificate of registration issued pursuant to this chapter.

7-15      5.  As used in this section:

7-16      (a) “Gross negligence” means conduct which demonstrates a

7-17  reckless disregard of the consequences affecting the life or property

7-18  of another person.

7-19      (b) “Incompetency” means conduct which, in:

7-20          (1) The practice of architecture or residential design; or

7-21          (2) Practice as a registered interior designer,

7-22  demonstrates a significant lack of ability, knowledge or fitness to

7-23  discharge a professional obligation.

7-24      (c) “Negligence” means a deviation from the normal standard of

7-25  professional care exercised generally by other members in:

7-26          (1) The profession of architecture or residential design; or

7-27          (2) Practice as a registered interior designer.

7-28      Sec. 16.  Chapter 623A of NRS is hereby amended by adding

7-29  thereto a new section to read as follows:

7-30      1.  Except as otherwise provided in this section, a complaint

7-31  filed with the Executive Director, all documents and other

7-32  information filed with the complaint and all documents and other

7-33  information compiled as a result of an investigation conducted to

7-34  determine whether to initiate disciplinary action are confidential.

7-35      2.  The complaint or other document filed by the Board to

7-36  initiate disciplinary action and all documents and information

7-37  considered by the Board when determining whether to impose

7-38  discipline are public records.

7-39      Sec. 17.  NRS 623A.270 is hereby amended to read as follows:

7-40      623A.270  1.  The Board may:

7-41      (a) Suspend or revoke a certificate of registration or certificate

7-42  to practice as a landscape architect intern;

7-43      (b) Refuse to renew a certificate of registration or certificate to

7-44  practice as a landscape architect intern;

8-1  (c) Place a holder of a certificate of registration or certificate to

8-2  practice as a landscape architect intern on probation;

8-3  (d) Issue a public reprimand to a holder of a certificate of

8-4  registration or certificate to practice as a landscape architect intern;

8-5  (e) Impose upon a holder of a certificate of registration or

8-6  certificate to practice as a landscape architect intern a fine of not

8-7  more than $5,000 for each violation of this chapter;

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

8-9  to practice as a landscape architect intern to pay restitution; or

8-10      (g) [Require a holder of a certificate of registration or certificate

8-11  to practice as a landscape architect intern to pay the costs of an

8-12  investigation or prosecution; or

8-13      (h)] Take such other disciplinary action as the Board deems

8-14  appropriate,

8-15  if the holder of a certificate of registration or certificate to practice

8-16  as a landscape architect intern has committed any act set forth in

8-17  NRS 623A.280.

8-18      2.  The conditions for probation imposed pursuant to the

8-19  provisions of subsection 1 may include, without limitation:

8-20      (a) Restriction on the scope of professional practice;

8-21      (b) Peer review;

8-22      (c) Education or counseling;

8-23      (d) The payment of restitution to each person who suffered harm

8-24  or loss; and

8-25      (e) The payment of all costs of the administrative investigation

8-26  and prosecution.

8-27      3.  [If the Board imposes discipline pursuant to the provisions

8-28  of this section, the Board may recover the costs of the proceeding,

8-29  including any investigative costs and attorney’s fees.

8-30      4.] An order that imposes discipline and the findings of fact

8-31  and conclusions of law supporting that order are public records.

8-32      4.  The Board shall not issue a private reprimand to a holder

8-33  of a certificate of registration or certificate to practice as a

8-34  landscape architect intern.

8-35      5.  The Board may adopt regulations setting forth a schedule of

8-36  fines for the purposes of paragraph (e) of subsection 1.

8-37      Sec. 18.  Chapter 624 of NRS is hereby amended by adding

8-38  thereto a new section to read as follows:

8-39      1.  Except as otherwise provided in this section, a complaint

8-40  filed with the Board, all documents and other information filed

8-41  with the complaint and all documents and other information

8-42  compiled as a result of the investigation conducted to determine

8-43  whether to initiate disciplinary action are confidential.

8-44      2.  The complaint or other document filed by the Board to

8-45  initiate disciplinary action and all documents and information

9-1  considered by the Board when determining whether to impose

9-2  discipline are public records.

9-3  Sec. 19.  NRS 624.110 is hereby amended to read as follows:

9-4  624.110  1.  The Board may maintain offices in as many

9-5  localities in the State as it finds necessary to carry out the provisions

9-6  of this chapter, but it shall maintain one office in which there must

9-7  be at all times open to public inspection a complete record of

9-8  applications, licenses issued, licenses renewed and all revocations,

9-9  cancellations and suspensions of licenses.

9-10      2.  [Credit] Except as otherwise required in section 18 of this

9-11  act, credit reports, references, [investigative memoranda,] financial

9-12  information and data pertaining to a licensee’s net worth are

9-13  confidential and not open to public inspection.

9-14      Sec. 20.  NRS 624.291 is hereby amended to read as follows:

9-15      624.291  1.  Except as otherwise provided in subsection 4, if

9-16  the Board suspends or revokes a license, has probable cause to

9-17  believe that a person has violated NRS 624.720 or imposes an

9-18  administrative fine pursuant to NRS 624.710, the Board shall hold a

9-19  hearing. The time and place for the hearing must be fixed by the

9-20  Board, and notice of the time and place of the hearing must be

9-21  personally served on the applicant or accused or mailed to the last

9-22  known address of the applicant or accused at least 21 days before

9-23  the date fixed for the hearing.

9-24      2.  The testimony taken pursuant to NRS 624.170 to 624.210,

9-25  inclusive, must be considered a part of the record of the hearing

9-26  before the Board.

9-27      3.  [The] Except as otherwise provided in section 8 of this act,

9-28  the hearing must be public if a request is made therefor.

9-29      4.  The Board may suspend the license of a contractor without a

9-30  hearing if the Board finds, based upon evidence in its possession,

9-31  that the public health, safety or welfare imperatively requires

9-32  summary suspension of the license of the contractor and

9-33  incorporates that finding in its order. If the Board summarily

9-34  suspends the license of the contractor, the Board must notify the

9-35  contractor by certified mail. A hearing must be held within 60 days

9-36  after the suspension if the contractor submits a written request for a

9-37  hearing to the Board within 20 days after the Board summarily

9-38  suspends his license.

9-39      Sec. 21.  NRS 624.300 is hereby amended to read as follows:

9-40      624.300  1.  Except as otherwise provided in subsection 3, the

9-41  Board may:

9-42      (a) Suspend or revoke licenses already issued;

9-43      (b) Refuse renewals of licenses;

9-44      (c) Impose limits on the field, scope and monetary limit of the

9-45  license;

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

10-2      (e) Order a licensee to repay to the account established pursuant

10-3  to NRS 624.470, any amount paid out of the account pursuant to

10-4  NRS 624.510 as a result of an act or omission of that licensee;

10-5      (f) Order the licensee to take action to correct a condition

10-6  resulting from an act which constitutes a cause for disciplinary

10-7  action, at the licensee’s cost, that may consist of requiring the

10-8  licensee to:

10-9          (1) Perform the corrective work himself;

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

10-11  work; or

10-12         (3) Pay to the owner of the construction project a specified

10-13  sum to correct the condition; or

10-14     (g) [Reprimand] Issue a public reprimand or take other less

10-15  severe disciplinary action, including, without limitation, increasing

10-16  the amount of the surety bond or cash deposit of the licensee,

10-17  if the licensee commits any act which constitutes a cause for

10-18  disciplinary action.

10-19     2.  If the Board suspends or revokes the license of a contractor

10-20  for failure to establish financial responsibility, the Board may, in

10-21  addition to any other conditions for reinstating or renewing the

10-22  license, require that each contract undertaken by the licensee for a

10-23  period to be designated by the Board, not to exceed 12 months, be

10-24  separately covered by a bond or bonds approved by the Board and

10-25  conditioned upon the performance of and the payment of labor and

10-26  materials required by the contract.

10-27     3.  If a licensee violates the provisions of NRS 624.3014 or

10-28  subsection 3 of NRS 624.3015, the Board may impose an

10-29  administrative fine of not more than $20,000.

10-30     4.  If a licensee commits a fraudulent act which is a cause for

10-31  disciplinary action under NRS 624.3016, the correction of any

10-32  condition resulting from the act does not preclude the Board from

10-33  taking disciplinary action.

10-34     5.  If the Board finds that a licensee has engaged in repeated

10-35  acts that would be cause for disciplinary action, the correction of

10-36  any resulting conditions does not preclude the Board from taking

10-37  disciplinary action pursuant to this section.

10-38     6.  The expiration of a license by operation of law or by order

10-39  or decision of the Board or a court, or the voluntary surrender of a

10-40  license by a licensee, does not deprive the Board of jurisdiction to

10-41  proceed with any investigation of, or action or disciplinary

10-42  proceeding against, the licensee or to render a decision suspending

10-43  or revoking the license.

10-44     7.  [If discipline is imposed pursuant to this section, including

10-45  any discipline imposed pursuant to a stipulated settlement, the costs

11-1  of the proceeding, including investigative costs and attorney’s fees,

11-2  may be recovered by the Board.] The Board shall not issue a

11-3  private reprimand to a licensee.

11-4      8.  An order that imposes discipline and the findings of fact

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

11-6      9. All fines collected pursuant to this section must be deposited

11-7  with the State Treasurer for credit to the Construction Education

11-8  Account created pursuant to NRS 624.580.

11-9      Sec. 22.  NRS 625.425 is hereby amended to read as follows:

11-10     625.425  1.  Any information obtained during the course of an

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

11-12  confidential . [until the investigation is completed.] If no

11-13  disciplinary action is taken against a licensee, an applicant for

11-14  licensure, an intern or an applicant for certification as an intern, or

11-15  no civil penalty is imposed pursuant to NRS 625.590, the

11-16  information in his investigative file remains confidential. [If a

11-17  formal complaint is filed, all pleadings and evidence introduced at

11-18  the hearing] The complaint or other document filed by the Board

11-19  to initiate disciplinary action and all documents and information

11-20  considered by the Board when determining whether to impose

11-21  discipline are public records.

11-22     2.  The provisions of this section do not prohibit the Board or

11-23  its employees from communicating and cooperating with another

11-24  licensing board or any other agency that is investigating a person.

11-25     Sec. 23.  NRS 625.460 is hereby amended to read as follows:

11-26     625.460  1.  If, after a hearing, a majority of the members of

11-27  the Board present at the hearing vote in favor of finding the accused

11-28  person guilty, the Board may:

11-29     [1.] (a) Revoke the license of the professional engineer or

11-30  professional land surveyor or deny a license to the applicant;

11-31     [2.] (b) Suspend the license of the professional engineer or

11-32  professional land surveyor;

11-33     [3.] (c) Fine the licensee or applicant for licensure not more

11-34  than $15,000 for each violation of a provision of this chapter or any

11-35  regulation adopted by the Board;

11-36     [4.] (d) Place the licensee or applicant for licensure on

11-37  probation for such periods as it deems necessary and, if the Board

11-38  deems appropriate, require the licensee or applicant for licensure to

11-39  pay restitution to clients or other persons who have suffered

11-40  economic losses as a result of a violation of the provisions of this

11-41  chapter or the regulations adopted by the Board; or

11-42     [5.] (e) Take such other disciplinary action as the Board deems

11-43  appropriate.

11-44     2.  The Board shall not issue a private reprimand.

12-1      3.  An order that imposes discipline and the findings of fact

12-2  and conclusions of law supporting that order are public records.

12-3      Sec. 24.  Chapter 625A of NRS is hereby amended by adding

12-4  thereto a new section to read as follows:

12-5      1.  Except as otherwise provided in this section, a complaint

12-6  filed with the Board, all documents and other information filed

12-7  with the complaint and all documents and other information

12-8  compiled as a result of an investigation conducted to determine

12-9  whether to initiate disciplinary action are confidential.

12-10     2.  The complaint or other document filed by the Board to

12-11  initiate disciplinary action and all documents and information

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

12-13  discipline are public records.

12-14     Sec. 25.  NRS 625A.180 is hereby amended to read as follows:

12-15     625A.180  1.  If the Board finds after a hearing, or after

12-16  providing an opportunity for a hearing, that disciplinary action is

12-17  necessary, it may by order:

12-18     (a) Place the environmental health specialist on probation for a

12-19  specified period or until further order of the Board;

12-20     (b) Administer a public [or private] reprimand; or

12-21     (c) Suspend or revoke his certificate.

12-22     2.  If the order places an environmental health specialist on

12-23  probation, the Board may impose such limitations or conditions

12-24  upon his professional activities as it finds consistent to protect the

12-25  public health.

12-26     3.  The Board shall not administer a private reprimand.

12-27     4.  An order that imposes discipline and the findings of fact

12-28  and conclusions of law supporting that order are public records.

12-29     Sec. 26.  Chapter 628 of NRS is hereby amended by adding

12-30  thereto a new section to read as follows:

12-31     1.  Except as otherwise provided in this section, a complaint

12-32  filed with the Board, all documents and other information filed

12-33  with the complaint and all documents and other information

12-34  compiled as a result of an investigation conducted to determine

12-35  whether to initiate disciplinary action are confidential.

12-36     2.  The complaint or other document filed by the Board to

12-37  initiate disciplinary action and all documents and information

12-38  considered by the Board when determining whether to impose

12-39  discipline are public records.

12-40     Sec. 27.  NRS 628.390 is hereby amended to read as follows:

12-41     628.390  1.  After giving notice and conducting a hearing, the

12-42  Board may revoke, or may suspend for a period of not more than 5

12-43  years, any certificate issued under NRS 628.190 to 628.310,

12-44  inclusive, any registration or license granted to a registered public

12-45  accountant under NRS 628.350, or any registration of a partnership,

13-1  corporation, limited-liability company or office, or may revoke,

13-2  suspend or refuse to renew any permit issued under NRS 628.380,

13-3  or may publicly censure the holder of any permit, for any one or any

13-4  combination of the following causes:

13-5      (a) Fraud or deceit in obtaining a certificate as a certified public

13-6  accountant, or in obtaining registration or a license as a public

13-7  accountant under this chapter, or in obtaining a permit to practice

13-8  public accounting under this chapter.

13-9      (b) Dishonesty, fraud or gross negligence by a certified or

13-10  registered public accountant in the practice of public accounting or,

13-11  if not in the practice of public accounting, of a kind which adversely

13-12  affects the ability to perform public accounting.

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

13-14     (d) Violation of a regulation or rule of professional conduct

13-15  adopted by the Board under the authority granted by this chapter.

13-16     (e) Conviction of a felony under the laws of any state or of the

13-17  United States.

13-18     (f) Conviction of any crime, an element of which is dishonesty

13-19  or fraud, under the laws of any state or of the United States.

13-20     (g) Cancellation, revocation, suspension or refusal to renew

13-21  authority to practice as a certified public accountant or a registered

13-22  public accountant by any other state, for any cause other than failure

13-23  to pay an annual registration fee or to comply with requirements for

13-24  continuing education or review of his practice in the other state.

13-25     (h) Suspension or revocation of the right to practice before any

13-26  state or federal agency.

13-27     (i) Unless the person has been placed on inactive or retired

13-28  status, failure to obtain an annual permit under NRS 628.380,

13-29  within:

13-30         (1) Sixty days after the expiration date of the permit to

13-31  practice last obtained or renewed by the holder of a certificate or

13-32  registrant; or

13-33         (2) Sixty days after the date upon which the holder of a

13-34  certificate or registrant was granted his certificate or registration, if

13-35  no permit was ever issued to him, unless the failure has been

13-36  excused by the Board.

13-37     (j) Conduct discreditable to the profession of public accounting

13-38  or which reflects adversely upon the fitness of the person to engage

13-39  in the practice of public accounting.

13-40     (k) Making a false or misleading statement in support of an

13-41  application for a certificate, registration or permit of another person.

13-42     2.  After giving notice and conducting a hearing, the Board may

13-43  deny an application to take the examination prescribed by the Board

13-44  pursuant to NRS 628.190, deny a person admission to such an

13-45  examination, invalidate a grade received for such an examination or

14-1  deny an application for a certificate issued pursuant to NRS 628.190

14-2  to 628.310, inclusive, to a person who has:

14-3      (a) Made any false or fraudulent statement, or any misleading

14-4  statement or omission relating to a material fact in an application:

14-5          (1) To take the examination prescribed by the Board pursuant

14-6  to NRS 628.190; or

14-7          (2) For a certificate issued pursuant to NRS 628.190 to

14-8  628.310, inclusive;

14-9      (b) Cheated on an examination prescribed by the Board pursuant

14-10  to NRS 628.190 or any such examination taken in another state or

14-11  jurisdiction of the United States;

14-12     (c) Aided, abetted or conspired with any person in a violation of

14-13  the provisions of paragraph (a) or (b); or

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

14-15  paragraphs (a), (b) and (c).

14-16     3.  In addition to other penalties prescribed by this section, the

14-17  Board may impose a civil penalty of not more than $5,000 for each

14-18  violation of this section.

14-19     4.  The Board [may recover:

14-20     (a) Attorney’s fees and costs incurred with respect to a hearing

14-21  held pursuant to this section from a person who is found in violation

14-22  of any of the provisions of this section;

14-23     (b) Attorney’s fees and costs incurred in the recovery of a civil

14-24  penalty imposed pursuant to this section; and

14-25     (c) Any other costs incurred by the Board as a result of such a

14-26  violation.] shall not privately censure the holder of any permit,

14-27  license or certificate of registration.

14-28     5.  An order that imposes discipline and the findings of fact

14-29  and conclusions of law supporting that order are public records.

14-30     Sec. 28.  Chapter 630 of NRS is hereby amended by adding

14-31  thereto the provisions set forth as sections 29 to 41, inclusive, of this

14-32  act.

14-33     Sec. 29. 1.  The Board shall employ a person as the

14-34  Executive Secretary of the Board.

14-35     2.  The Executive Secretary serves as the chief administrative

14-36  officer of the Board at a level of compensation set by the Board.

14-37     3.  The Executive Secretary is an at-will employee who serves

14-38  at the pleasure of:

14-39     (a) The Board; and

14-40     (b) The Governor. If the Governor discharges a person who is

14-41  employed as the Executive Secretary, the Board may not rehire

14-42  that person as the Executive Secretary without the approval of the

14-43  Governor.

15-1      Sec. 30.  1.  The Board may employ hearing officers,

15-2  experts, administrators, attorneys, investigators, consultants and

15-3  clerical personnel necessary to the discharge of its duties.

15-4      2.  Except as otherwise provided in section 29 of this act, each

15-5  employee of the Board is an at-will employee who serves at the

15-6  pleasure of the Board. The Board may discharge an employee of

15-7  the Board for any reason that does not violate public policy,

15-8  including, without limitation, making a false representation to the

15-9  Board.

15-10     3.  A hearing officer employed by the Board shall not act in

15-11  any other capacity for the Board or occupy any other position of

15-12  employment with the Board, and the Board shall not assign the

15-13  hearing officer any duties which are unrelated to the duties of a

15-14  hearing officer.

15-15     4.  If a person resigns his position as a hearing officer or the

15-16  Board terminates the person from his position as a hearing

15-17  officer, the Board may not rehire the person in any position of

15-18  employment with the Board for a period of 2 years following the

15-19  date of the resignation or termination. The provisions of this

15-20  subsection do not give a person any right to be rehired by the

15-21  Board and do not permit the Board to rehire a person who is

15-22  prohibited from being employed by the Board pursuant to any

15-23  other provision of law.

15-24     Sec. 31.  1.  Notwithstanding any other provision of law and

15-25  except as otherwise provided in this section, the Board shall not

15-26  adopt any regulations that prohibit or have the effect of

15-27  prohibiting a physician, physician assistant or practitioner of

15-28  respiratory care from collaborating or consulting with another

15-29  provider of health care.

15-30     2.  The provisions of this section do not prevent the Board

15-31  from adopting regulations that prohibit a physician, physician

15-32  assistant or practitioner of respiratory care from aiding or abetting

15-33  another person in the unlicensed practice of medicine or the

15-34  unlicensed practice of respiratory care.

15-35     3.  As used in this section, “provider of health care” has the

15-36  meaning ascribed to it in NRS 629.031.

15-37     Sec. 32.  1.  The Board shall maintain a website on the

15-38  Internet or its successor.

15-39     2.  Except as otherwise provided in this section, the Board and

15-40  its members and employees shall not place any information on the

15-41  website maintained by the Board unless the Board, at a regular

15-42  meeting, approves the placement of the information on the

15-43  website.

15-44     3.  The Board shall place on the website, without having to

15-45  approve the placement at a meeting:

16-1      (a) An alphabetical list, by last name, of each physician and a

16-2  brief description of each disciplinary action, if any, taken against

16-3  the physician, in this state and elsewhere, which relates to the

16-4  practice of medicine and which is noted in the records of the

16-5  Board. The Board shall include, as part of the list on the website,

16-6  the name of each physician whose license has been revoked by the

16-7  Board. The Board shall make the list on the website easily

16-8  accessible and user friendly for the public.

16-9      (b) All financial reports received by the Board.

16-10     (c) All financial reports prepared by the Board.

16-11     (d) Any other information required to be placed on the website

16-12  by any other provision of law.

16-13     Sec. 33.  1.  If the Governor determines that there are

16-14  critically unmet needs with regard to the number of physicians

16-15  who are practicing a medical specialty within this state, the

16-16  Governor may declare that a state of critical medical need exists

16-17  for that medical specialty. The Governor may, but is not required

16-18  to, limit such a declaration to one or more geographic areas within

16-19  this state.

16-20     2.  In determining whether there are critically unmet needs

16-21  with regard to the number of physicians who are practicing a

16-22  medical specialty, the Governor may consider, without limitation:

16-23     (a) Any statistical data analyzing the number of physicians

16-24  who are practicing the medical specialty in relation to the total

16-25  population of this state or any geographic area within this state;

16-26     (b) The demand within this state or any geographic area

16-27  within this state for the types of services provided by the medical

16-28  specialty; and

16-29     (c) Any other factors relating to the medical specialty that may

16-30  adversely affect the delivery of health care within this state or any

16-31  geographic area within this state.

16-32     3.  If the Governor makes a declaration pursuant to this

16-33  section, the Board may waive the requirement of paragraph (d) of

16-34  subsection 2 of NRS 630.160 for an applicant if the applicant:

16-35     (a) Intends to practice medicine in one or more of the medical

16-36  specialties designated by the Governor in his declaration and, if

16-37  the Governor has limited his declaration to one or more

16-38  geographic areas within this state, in one or more of those

16-39  geographic areas;

16-40     (b) Has completed at least 1 year of training as a resident in

16-41  the United States or Canada in a program approved by the Board,

16-42  the Accreditation Council for Graduate Medical Education of the

16-43  American Medical Association or the Coordinating Council of

16-44  Medical Education of the Canadian Medical Association,

16-45  respectively;

17-1      (c) Has a minimum of 5 years of practical medical experience

17-2  as a licensed allopathic physician or such other equivalent

17-3  training as the Board deems appropriate; and

17-4      (d) Meets all other conditions and requirements for a license to

17-5  practice medicine.

17-6      4.  Any license issued pursuant to this section is a restricted

17-7  license, and the person who holds the restricted license may

17-8  practice medicine in this state only in the medical specialties and

17-9  geographic areas for which the restricted license is issued.

17-10     5.  Any person who holds a restricted license issued pursuant

17-11  to this section and who completes 3 years of full-time practice

17-12  under the restricted license may apply to the Board for an

17-13  unrestricted license. In considering an application for an

17-14  unrestricted license pursuant to this subsection, the Board shall

17-15  require the applicant to meet all statutory requirements for

17-16  licensure in effect at the time of application except the

17-17  requirement of paragraph (d) of subsection 2 of NRS 630.160.

17-18     Sec. 34.  1.  In addition to the other requirements for

17-19  licensure, an applicant for a license to practice medicine shall

17-20  submit to the Board information describing:

17-21     (a) Any claims made against the applicant for malpractice,

17-22  whether or not a civil action was filed concerning the claim;

17-23     (b) Any complaints filed against the applicant with a licensing

17-24  board of another state and any disciplinary action taken against

17-25  the applicant by a licensing board of another state; and

17-26     (c) Any complaints filed against the applicant with a hospital,

17-27  clinic or medical facility or any disciplinary action taken against

17-28  the applicant by a hospital, clinic or medical facility.

17-29     2.  The Board shall not issue a license to the applicant until it

17-30  has received all the information required by this section.

17-31     Sec. 35.  In addition to the other requirements for licensure,

17-32  an applicant shall cause to be submitted to the Board a certificate

17-33  of completion of progressive postgraduate training from the

17-34  residency program where the applicant received training.

17-35     Sec. 36.  1.  If the Board has reason to believe that a person

17-36  has violated, is violating or is about to violate any provision of this

17-37  chapter, the Board may issue to the person a letter of warning, a

17-38  letter of concern or a nonpunitive admonishment at any time

17-39  before the Board has initiated any disciplinary proceedings

17-40  against the person.

17-41     2.  The issuance of such a letter or admonishment:

17-42     (a) Does not preclude the Board from initiating any

17-43  disciplinary proceedings against the person or taking any

17-44  disciplinary action against the person based on any conduct

18-1  alleged or described in the letter or admonishment or any other

18-2  conduct; and

18-3      (b) Does not constitute a final decision of the Board and is not

18-4  subject to judicial review.

18-5      Sec. 37.  The Board shall not revoke a license issued

18-6  pursuant to this chapter unless the Board, by a majority vote of its

18-7  entire membership, finds by clear and convincing evidence that

18-8  the licensee committed a material violation of a provision of NRS

18-9  630.161 or 630.301 to 630.3067, inclusive.

18-10     Sec. 38.  The expiration of a license by operation of law or by

18-11  order or decision of the Board or a court, or the voluntary

18-12  surrender of a license by a licensee, does not deprive the Board of

18-13  jurisdiction to proceed with any investigation of, or action or

18-14  disciplinary proceeding against, the licensee or to render a

18-15  decision suspending or revoking the license.

18-16     Sec. 39.  1.  A physician shall report to the Board:

18-17     (a) Any action for malpractice against the physician not later

18-18  than 45 days after the physician receives service of a summons

18-19  and complaint for the action;

18-20     (b) Any claim for malpractice against the physician that is

18-21  submitted to arbitration or mediation not later than 45 days after

18-22  the claim is submitted to arbitration or mediation;

18-23     (c) Any settlement, award, judgment or other disposition of

18-24  any action or claim described in paragraph (a) or (b) not later

18-25  than 45 days after the settlement, award, judgment or other

18-26  disposition; and

18-27     (d) Any sanctions imposed against the physician that are

18-28  reportable to the National Practitioner Data Bank not later than

18-29  45 days after the sanctions are imposed.

18-30     2.  If the Board finds that a physician has violated any

18-31  provision of this section, the Board may impose a fine of not more

18-32  than $5,000 against the physician for each violation, in addition to

18-33  any other fines or penalties permitted by law.

18-34     3.  All reports made by a physician pursuant to this section are

18-35  public records.

18-36     Sec. 40.  If the Board receives a report pursuant to the

18-37  provisions of NRS 630.3067, 690B.045, 690B.050 or section 39 of

18-38  this act indicating that a judgment has been rendered or an award

18-39  has been made against a physician regarding an action or claim

18-40  for malpractice or that such an action or claim against the

18-41  physician has been resolved by settlement, the Board shall conduct

18-42  an investigation to determine whether to impose disciplinary

18-43  action against the physician regarding the action or claim, unless

18-44  the Board has already commenced or completed such an

19-1  investigation regarding the action or claim before it receives the

19-2  report.

19-3      Sec. 41.  1.  In addition to any other audits required of the

19-4  Board by law, the Legislative Commission shall engage the

19-5  services of a person specializing in managerial and financial

19-6  consulting to conduct regular performance audits of the Board.

19-7      2.  The initial performance audit of the Board must be

19-8  commenced before October 1, 2003. After the initial performance

19-9  audit is completed, additional performance audits must be

19-10  conducted:

19-11     (a) Once every 8 years, for the preceding 8-year period; or

19-12     (b) Whenever ordered by the Legislative Commission, for the

19-13  period since the last performance audit was conducted pursuant to

19-14  this section.

19-15     3.  A written report of the results of the initial performance

19-16  audit must be submitted to the Secretary of the Legislative

19-17  Commission not later than 60 days after the date that the initial

19-18  performance audit is commenced. A written report of the results of

19-19  each subsequent performance audit must be submitted to the

19-20  Secretary of the Legislative Commission as soon as practicable

19-21  after the date that the performance audit is commenced.

19-22     4.  Upon receipt of the written report of the results of each

19-23  performance audit, the Secretary of the Legislative Commission

19-24  shall:

19-25     (a) Distribute the report to the members of the Legislative

19-26  Commission and to any other Legislator who requests a copy of

19-27  the report; and

19-28     (b) Not later than 30 days after receipt of the report, make the

19-29  report available to the public.

19-30     5.  The Board shall pay all costs related to each performance

19-31  audit conducted pursuant to this section.

19-32     6.  Any person who conducts a performance audit pursuant to

19-33  this section:

19-34     (a) Is directly responsible to the Legislative Commission;

19-35     (b) Must be sufficiently qualified to conduct the performance

19-36  audit; and

19-37     (c) Must never have conducted an audit of the Board pursuant

19-38  to NRS 218.825 or have been affiliated, in any way, with a person

19-39  who has conducted an audit of the Board pursuant to NRS

19-40  218.825.

19-41     7.  If the Legislative Commission is unable to select a person

19-42  specializing in managerial and financial consulting who meets the

19-43  requirements of this section, the Legislative Commission shall

19-44  direct the Audit Division of the Legislative Counsel Bureau to

19-45  conduct the performance audit.

20-1      8.  Each performance audit conducted pursuant to this section

20-2  must include, without limitation, a comprehensive review and

20-3  evaluation of:

20-4      (a) The methodology and efficiency of the Board in

20-5  responding to complaints filed by the public against a licensee;

20-6      (b) The methodology and efficiency of the Board in

20-7  responding to complaints filed by a licensee against another

20-8  licensee;

20-9      (c) The methodology and efficiency of the Board in conducting

20-10  investigations of licensees who have had two or more malpractice

20-11  claims filed against them within a period of 12 months;

20-12     (d) The methodology and efficiency of the Board in

20-13  conducting investigations of licensees who have been subject to

20-14  one or more peer review actions at a medical facility that resulted

20-15  in the licensee losing his professional privileges at the medical

20-16  facility for more than 30 days within a period of 12 months;

20-17     (e) The methodology and efficiency of the Board in taking

20-18  preventative steps or progressive actions to remedy or deter any

20-19  unprofessional conduct by a licensee before such conduct results

20-20  in a violation under this chapter that warrants disciplinary action;

20-21  and

20-22     (f) The managerial and administrative efficiency of the Board

20-23  in using the fees that it collects pursuant to this chapter.

20-24     Sec. 42. NRS 630.003 is hereby amended to read as follows:

20-25     630.003  1.  The Legislature finds and declares that [it] :

20-26     (a) It is among the responsibilities of State Government to

20-27  ensure, as far as possible, that only competent persons practice

20-28  medicine and respiratory care within this state [. For this purpose,] ;

20-29     (b) For the protection and benefit of the public, the Legislature

20-30  delegates to the Board of Medical Examiners the power and duty [of

20-31  determining] to determine the initial and continuing competence of

20-32  [doctors of medicine,] physicians, physician assistants and

20-33  practitioners of respiratory care [in this state.] who are subject to

20-34  the provisions of this chapter;

20-35     (c) The Board must exercise its regulatory power to ensure

20-36  that the interests of the medical profession do not outweigh the

20-37  interests of the public;

20-38     (d) The Board must ensure that unfit physicians, physician

20-39  assistants and practitioners of respiratory care are removed from

20-40  the medical profession so that they will not cause harm to the

20-41  public; and

20-42     (e) The Board must encourage and allow for public input into

20-43  its regulatory activities to further improve the quality of medical

20-44  practice within this state.

21-1      2.  The powers conferred upon the Board by this chapter must

21-2  be liberally construed to carry out [this purpose.] these purposes for

21-3  the protection and benefit of the public.

21-4      Sec. 43.  NRS 630.020 is hereby amended to read as follows:

21-5      630.020  “Practice of medicine” means:

21-6      1.  To diagnose, treat, correct, prevent or prescribe for any

21-7  human disease, ailment, injury, infirmity, deformity or other

21-8  condition, physical or mental, by any means or instrumentality.

21-9      2.  To apply principles or techniques of medical science in the

21-10  diagnosis or the prevention of any such conditions.

21-11     3.  To perform any of the acts described in subsections 1 and 2

21-12  by using equipment that transfers information concerning the

21-13  medical condition of the patient electronically, telephonically or by

21-14  fiber optics.

21-15     4.  To offer, undertake, attempt to do or hold oneself out as able

21-16  to do any of the acts described in subsections 1 and 2.

21-17     [5.  To use in connection with a person’s name the words or

21-18  letters “M.D.,” or any other title, word, letter or other designation

21-19  intended to imply or designate him as a practitioner of medicine in

21-20  any of its branches, except in the manner authorized by NRS

21-21  630A.220.]

21-22     Sec. 44.  NRS 630.045 is hereby amended to read as follows:

21-23     630.045  1.  The purpose of licensing physicians, physician

21-24  assistants and practitioners of respiratory care is to protect the public

21-25  health and safety and the general welfare of the people of this state.

21-26     2.  Any license issued pursuant to this chapter is a revocable

21-27  privilege [and no holder of] , but the Board may revoke such a

21-28  license [acquires thereby any vested right.] only in accordance with

21-29  the provisions of section 37 of this act.

21-30     Sec. 45.  NRS 630.060 is hereby amended to read as follows:

21-31     630.060  1.  Six members of the Board must be persons who

21-32  are licensed to practice medicine in this state, are actually engaged

21-33  in the practice of medicine in this state and have resided and

21-34  practiced medicine in this state for at least 5 years preceding their

21-35  respective appointments.

21-36     2.  The remaining members must be persons who have resided

21-37  in this state for at least 5 years and who:

21-38     (a) Are not licensed in any state to practice any healing art;

21-39     (b) Are not actively engaged in the administration of any facility

21-40  for the dependent as defined in chapter 449 of NRS, medical facility

21-41  or medical school; and

21-42     (c) Do not have a pecuniary interest in any matter pertaining to

21-43  the healing arts, except as a patient or potential patient.

21-44     3.  The members of the Board must be selected without regard

21-45  to their individual political beliefs.

22-1      4.  The President of the Board shall conduct a training

22-2  [programs] program to assist new members of the Board in the

22-3  performance of their duties.

22-4      Sec. 46. NRS 630.100 is hereby amended to read as follows:

22-5      630.100  1.  The Board shall meet at least twice annually and

22-6  may meet at other times on the call of the President or a majority of

22-7  its members.

22-8      2.  Meetings of the Board must be held at a location at which

22-9  members of the general public may testify via telephone or video

22-10  conference between Las Vegas and Carson City or Reno.

22-11     3.  A majority of the Board, or of any committee or panel

22-12  appointed by the Board constitutes a quorum. If there is a quorum, a

22-13  vote of the majority of the members present is all that is necessary to

22-14  transact any business before the Board or the committee or panel

22-15  appointed by the Board.

22-16     Sec. 47.  NRS 630.125 is hereby amended to read as follows:

22-17     630.125  1.  The Board may[:

22-18     1.  Maintain] maintain offices in as many localities in the State

22-19  as it finds necessary to carry out the provisions of this chapter.

22-20     2.  [Employ hearing officers, experts, administrators, attorneys,

22-21  investigators, consultants and clerical personnel necessary to the

22-22  discharge of its duties.] Not later than July 1, 2007, the Board shall

22-23  transfer its principal office to Las Vegas, and the Board shall

22-24  maintain its principal office in Las Vegas thereafter.

22-25     Sec. 48.  NRS 630.130 is hereby amended to read as follows:

22-26     630.130  1.  In addition to the other powers and duties

22-27  provided in this chapter, the Board shall[:] , in the interest of the

22-28  public, judiciously:

22-29     (a) Enforce the provisions of this chapter;

22-30     (b) Establish by regulation standards for licensure under this

22-31  chapter;

22-32     (c) Conduct examinations for licensure and establish a system of

22-33  scoring for those examinations;

22-34     (d) Investigate the character of each applicant for a license and

22-35  issue licenses to those applicants who meet the qualifications set by

22-36  this chapter and the Board; and

22-37     (e) Institute a proceeding in any court to enforce its orders or the

22-38  provisions of this chapter.

22-39     2.  On or before February 15 of each odd-numbered year, the

22-40  board shall submit to the Governor and to the Director of the

22-41  Legislative Counsel Bureau for transmittal to the next regular

22-42  session of the Legislature a written report compiling:

22-43     (a) Disciplinary action taken by the Board during the previous

22-44  biennium against physicians for malpractice or negligence; and

23-1      (b) Information reported to the Board during the previous

23-2  biennium pursuant to NRS 630.3067, subsections 2 and 3 of NRS

23-3  630.307 and NRS 690B.045[.] and 690B.050 and section 39 of this

23-4  act.

23-5  The report must include only aggregate information for statistical

23-6  purposes and exclude any identifying information related to a

23-7  particular person.

23-8      3.  The Board may adopt such regulations as are necessary or

23-9  desirable to enable it to carry out the provisions of this chapter.

23-10     Sec. 49. NRS 630.160 is hereby amended to read as follows:

23-11     630.160  1.  Every person desiring to practice medicine must,

23-12  before beginning to practice, procure from the Board a license

23-13  authorizing him to practice.

23-14     2.  Except as otherwise provided in NRS 630.161 or 630.164,

23-15  and section 33 of this act, a license may be issued to any person

23-16  who:

23-17     (a) Is a citizen of the United States or is lawfully entitled to

23-18  remain and work in the United States;

23-19     (b) Has received the degree of doctor of medicine from a

23-20  medical school:

23-21         (1) Approved by the Liaison Committee on Medical

23-22  Education of the American Medical Association and Association of

23-23  American Medical Colleges; or

23-24         (2) Which provides a course of professional instruction

23-25  equivalent to that provided in medical schools in the United States

23-26  approved by the Liaison Committee on Medical Education;

23-27     (c) [Has] Is currently certified by a specialty board of the

23-28  American Board of Medical Specialties or has passed:

23-29         (1) All parts of the examination given by the National Board

23-30  of Medical Examiners;

23-31         (2) All parts of the Federation Licensing Examination;

23-32         (3) All parts of the United States Medical Licensing

23-33  Examination;

23-34         (4) [All parts of a licensing examination given by any state or

23-35  territory of the United States, if the applicant is certified by a

23-36  specialty board of the American Board of Medical Specialties;

23-37         (5)] All parts of the examination to become a licentiate of the

23-38  Medical Council of Canada; or

23-39         [(6)] (5) Any combination of the examinations specified in

23-40  subparagraphs (1), (2) and (3) that the Board determined to be

23-41  sufficient;

23-42     (d) Has completed 36 months of progressive postgraduate:

23-43         (1) Education as a resident in the United States or Canada in

23-44  a program approved by the Board, the Accreditation Council for

23-45  Graduate Medical Education of the American Medical Association

24-1  or the Coordinating Council of Medical Education of the Canadian

24-2  Medical Association; or

24-3          (2) Fellowship training in the United States or Canada

24-4  approved by the Board or the Accreditation Council for Graduate

24-5  Medical Education; and

24-6      (e) Passes a written or oral examination, or both, as to his

24-7  qualifications to practice medicine and provides the Board with a

24-8  description of the clinical program completed demonstrating that the

24-9  applicant’s clinical training met the requirements of paragraph (b).

24-10     Sec. 50.  NRS 630.258 is hereby amended to read as follows:

24-11     630.258  1.  A physician who is retired from active practice

24-12  and who wishes to donate his expertise for the medical care and

24-13  treatment of indigent persons in this state may obtain a special

24-14  volunteer medical license by submitting an application to the Board

24-15  pursuant to this section.

24-16     2.  An application for a special volunteer medical license must

24-17  be on a form provided by the Board and must include:

24-18     (a) Documentation of the history of medical practice of the

24-19  physician;

24-20     (b) Proof that the physician previously has been issued an

24-21  unrestricted license to practice medicine in any state of the United

24-22  States and that he has never been the subject of disciplinary action

24-23  by a medical board in any jurisdiction;

24-24     (c) [Proof that the physician satisfies the requirements for

24-25  licensure set forth in NRS 630.160;

24-26     (d)] Acknowledgment that the practice of the physician under

24-27  the special volunteer medical license will be exclusively devoted to

24-28  providing medical care to indigent persons in this state; and

24-29     [(e)] (d) Acknowledgment that the physician will not receive

24-30  any payment or compensation, either direct or indirect, or have the

24-31  expectation of any payment or compensation, for providing medical

24-32  care under the special volunteer medical license, except for payment

24-33  by a medical facility at which the physician provides volunteer

24-34  medical services of the expenses of the physician for necessary

24-35  travel, continuing education, malpractice insurance or fees of the

24-36  State Board of Pharmacy.

24-37     3.  If the Board finds that the application of a physician satisfies

24-38  the requirements of subsection 2 and that the [retired] physician is

24-39  competent to practice medicine, the Board shall issue a special

24-40  volunteer medical license to the physician.

24-41     4.  [The initial] A physician who holds a special volunteer

24-42  medical license issued pursuant to this section [expires 1 year after

24-43  the date of issuance. The license may be renewed pursuant to this

24-44  section, and any license that is renewed expires 2 years after the date

24-45  of issuance.] is not required to renew the license, and the physician

25-1  may hold the license until it is voluntarily relinquished by the

25-2  physician or revoked by the Board in accordance with section 37

25-3  of this act.

25-4      5.  The Board shall not charge a fee for:

25-5      (a) The review of an application for a special volunteer medical

25-6  license; or

25-7      (b) The issuance [or renewal] of a special volunteer medical

25-8  license pursuant to this section.

25-9      6.  A physician who is issued a special volunteer medical

25-10  license pursuant to this section and who accepts the privilege of

25-11  practicing medicine in this state pursuant to the provisions of the

25-12  special volunteer medical license is subject to all the provisions

25-13  governing disciplinary action set forth in this chapter.

25-14     7.  A physician who is issued a special volunteer medical

25-15  license pursuant to this section shall comply with the requirements

25-16  for continuing education adopted by the Board.

25-17     Sec. 51.  NRS 630.261 is hereby amended to read as follows:

25-18     630.261  1.  Except as otherwise provided in NRS 630.161,

25-19  the Board may issue:

25-20     (a) A locum tenens license, to be effective not more than 3

25-21  months after issuance, to any physician who is licensed and in good

25-22  standing in another state, who meets the requirements for licensure

25-23  in this state and who is of good moral character and reputation. The

25-24  purpose of this license is to enable an eligible physician to serve as a

25-25  substitute for another physician who is licensed to practice medicine

25-26  in this state and who is absent from his practice for reasons deemed

25-27  sufficient by the Board. A license issued pursuant to the provisions

25-28  of this paragraph is not renewable.

25-29     (b) A special license to a licensed physician of another state to

25-30  come into this state to care for or assist in the treatment of his own

25-31  patient in association with a physician licensed in this state. A

25-32  special license issued pursuant to the provisions of this paragraph is

25-33  limited to the care of a specific patient. The physician licensed in

25-34  this state has the primary responsibility for the care of that patient.

25-35     (c) A restricted license for a specified period if the Board

25-36  determines the applicant needs supervision or restriction.

25-37     (d) A temporary license for a specified period if the physician is

25-38  licensed and in good standing in another state and meets the

25-39  requirements for licensure in this state, and if the Board determines

25-40  that it is necessary in order to provide medical services for a

25-41  community without adequate medical care. A temporary license

25-42  issued pursuant to the provisions of this paragraph is not renewable.

25-43     (e) A special purpose license to a physician who is licensed in

25-44  another state to permit the use of equipment that transfers

25-45  information concerning the medical condition of a patient in this

26-1  state across state lines electronically, telephonically or by fiber

26-2  optics if the physician:

26-3          (1) Holds a full and unrestricted license to practice medicine

26-4  in that state;

26-5          (2) Has not had any disciplinary or other action taken against

26-6  him by any state or other jurisdiction; and

26-7          (3) Meets the requirement set forth in paragraph (d) of

26-8  subsection 2 of NRS 630.160.

26-9      2.  Except as otherwise provided in this section, the Board may

26-10  renew or modify any license issued pursuant to subsection 1.

26-11     3.  Every physician who is licensed pursuant to subsection 1

26-12  and who accepts the privilege of practicing medicine in this state

26-13  pursuant to the provisions of the license shall be deemed to have

26-14  given his consent to the revocation of the license at any time by the

26-15  Board [for any of the grounds provided in NRS 630.161 or 630.301

26-16  to 630.3065, inclusive.] in accordance with the provisions of

26-17  section 37 of this act.

26-18     Sec. 52.  NRS 630.301 is hereby amended to read as follows:

26-19     630.301  The following acts, among others, constitute grounds

26-20  for initiating disciplinary action or denying licensure:

26-21     1.  Conviction of a felony . [, any offense involving moral

26-22  turpitude or any offense relating to the practice of medicine or the

26-23  ability to practice medicine.] A plea of nolo contendere is a

26-24  conviction for the purposes of this subsection.

26-25     2.  Conviction of violating any of the provisions of NRS

26-26  616D.200, 616D.220, 616D.240, 616D.300, 616D.310[,] or

26-27  616D.350 to 616D.440, inclusive.

26-28     3.  The revocation, suspension, modification or limitation of the

26-29  license to practice any type of medicine by any other jurisdiction or

26-30  the surrender of the license or discontinuing the practice of medicine

26-31  while under investigation by any licensing authority, a medical

26-32  facility, a branch of the Armed Services of the United States, an

26-33  insurance company, an agency of the Federal Government or an

26-34  employer.

26-35     4.  Malpractice, which may be evidenced by claims settled

26-36  against a practitioner [.] , but only if such malpractice is

26-37  established by clear and convincing evidence.

26-38     5.  The engaging by a practitioner in any sexual activity with a

26-39  patient who is currently being treated by the practitioner.

26-40     6.  Disruptive behavior with physicians, hospital personnel,

26-41  patients, members of the families of patients or any other persons if

26-42  the behavior interferes with patient care or has an adverse impact on

26-43  the quality of care rendered to a patient.

27-1      7.  The engaging in conduct that violates the trust of a patient

27-2  and exploits the relationship between the physician and the patient

27-3  for financial or other personal gain.

27-4      8.  The failure to offer appropriate procedures or studies, to

27-5  protest inappropriate denials by organizations for managed care, to

27-6  provide necessary services or to refer a patient to an appropriate

27-7  provider, when such a failure occurs with the intent of positively

27-8  influencing the financial well-being of the practitioner or an insurer.

27-9      9.  The engaging in conduct that brings the medical profession

27-10  into disrepute, including, without limitation, conduct that violates

27-11  any provision of a national code of ethics adopted by the Board by

27-12  regulation.

27-13     10.  The engaging in sexual contact with the surrogate of a

27-14  patient or other key persons related to a patient, including, without

27-15  limitation, a spouse, parent or legal guardian, which exploits the

27-16  relationship between the physician and the patient in a sexual

27-17  manner.

27-18     Sec. 53.  NRS 630.3062 is hereby amended to read as follows:

27-19     630.3062  The following acts, among others, constitute grounds

27-20  for initiating disciplinary action or denying licensure:

27-21     1.  Failure to maintain timely, legible, accurate and complete

27-22  medical records relating to the diagnosis, treatment and care of a

27-23  patient.

27-24     2.  Altering medical records of a patient.

27-25     3.  Making or filing a report which the licensee knows to be

27-26  false, failing to file a record or report as required by law or willfully

27-27  obstructing or inducing another to obstruct such filing.

27-28     4.  Failure to make the medical records of a patient available for

27-29  inspection and copying as provided in NRS 629.061.

27-30     5.  Failure to comply with the requirements of [NRS 630.3067.]

27-31  section 39 of this act.

27-32     6.  Failure to report any person the licensee knows, or has

27-33  reason to know, is in violation of the provisions of this chapter or

27-34  the regulations of the Board.

27-35     Sec. 54.  NRS 630.3067 is hereby amended to read as follows:

27-36     630.3067  1.  The insurer of a physician licensed under this

27-37  chapter [and the physician must] shall report to the Board [any

27-38  action filed or claim] :

27-39     (a) Any action for malpractice against the physician not later

27-40  than 45 days after the physician receives service of a summons

27-41  and complaint for the action;

27-42     (b) Any claim for malpractice against the physician that is

27-43  submitted to arbitration or mediation [for malpractice or negligence

27-44  against the physician and the] not later than 45 days after the claim

27-45  is submitted to arbitration or mediation; and

28-1      (c) Any settlement, award, judgment or other disposition of [the]

28-2  any action or claim [within 30 days after:

28-3      (a) The action was filed or the claim was submitted to

28-4  arbitration or mediation; and

28-5      (b) The disposition of the action or claim.] described in

28-6  paragraph (a) or (b) not later than 45 days after the settlement,

28-7  award, judgment or other disposition.

28-8      2.  The Board shall report any failure to comply with subsection

28-9  1 by an insurer licensed in this state to the Division of Insurance of

28-10  the Department of Business and Industry. If, after a hearing, the

28-11  Division of Insurance determines that any such insurer failed to

28-12  comply with the requirements of subsection 1, the Division may

28-13  impose an administrative fine of not more than $10,000 against the

28-14  insurer for each such failure to report. If the administrative fine is

28-15  not paid when due, the fine must be recovered in a civil action

28-16  brought by the Attorney General on behalf of the Division.

28-17     Sec. 55. NRS 630.318 is hereby amended to read as follows:

28-18     630.318  1.  If the Board or any investigative committee of the

28-19  Board has reason to believe that the conduct of any physician has

28-20  raised a reasonable question as to his competence to practice

28-21  medicine with reasonable skill and safety to patients, or if the Board

28-22  has received a report pursuant to the provisions of NRS 630.3067,

28-23  690B.045, 690B.050 or section 39 of this act indicating that a

28-24  judgment has been rendered or an award has been made against a

28-25  physician regarding an action or claim for malpractice or that

28-26  such an action or claim against the physician has been resolved by

28-27  settlement, it may order that the physician undergo a mental or

28-28  physical examination or an examination testing his competence to

28-29  practice medicine by physicians or other examinations designated

28-30  by the Board to assist the Board or committee in determining the

28-31  fitness of the physician to practice medicine.

28-32     2.  For the purposes of this section:

28-33     (a) Every physician who applies for a license or who is licensed

28-34  under this chapter shall be deemed to have given his consent to

28-35  submit to a mental or physical examination or an examination

28-36  testing his competence to practice medicine when ordered to do so

28-37  in writing by the Board.

28-38     (b) The testimony or reports of the examining physicians are not

28-39  privileged communications.

28-40     3.  Except in extraordinary circumstances, as determined by the

28-41  Board, the failure of a physician licensed under this chapter to

28-42  submit to an examination when directed as provided in this section

28-43  constitutes an admission of the charges against him.

 

 

29-1      Sec. 56.  NRS 630.333 is hereby amended to read as follows:

29-2      630.333  1.  In addition to any other remedy provided by law,

29-3  the Board, through its President or Secretary-Treasurer or the

29-4  Attorney General, may apply to any court of competent jurisdiction:

29-5      (a) To enjoin any prohibited act or other conduct of a licensee

29-6  which is harmful to the public;

29-7      (b) To enjoin any person who is not licensed under this chapter

29-8  from practicing medicine or respiratory care;

29-9      (c) To limit the practice of a physician, physician assistant or

29-10  practitioner of respiratory care, or suspend his license to practice; or

29-11     (d) To enjoin the use of the title [“M. D.,”] “P.A.,” “P.A.-C,”

29-12  “R.C.P.” or any other word, combination of letters or other

29-13  designation intended to imply or designate a person as a [physician,]

29-14  physician assistant or practitioner of respiratory care, when not

29-15  licensed by the Board pursuant to this chapter, unless the use is

29-16  otherwise authorized by a specific statute.

29-17     2.  The court in a proper case may issue a temporary restraining

29-18  order or a preliminary injunction for the purposes set forth in

29-19  subsection 1:

29-20     (a) Without proof of actual damage sustained by any person;

29-21     (b) Without relieving any person from criminal prosecution for

29-22  engaging in the practice of medicine without a license; and

29-23     (c) Pending proceedings for disciplinary action by the Board.

29-24     Sec. 57.  NRS 630.336 is hereby amended to read as follows:

29-25     630.336  1.  [Any proceeding of a committee of the Board

29-26  investigating complaints is not subject to the requirements of NRS

29-27  241.020, unless the licensee under investigation requests that the

29-28  proceeding be subject to those requirements.] Any deliberations

29-29  conducted or vote taken by[:

29-30     (a) The Board or panel regarding its decision; or

29-31     (b) The] the Board or any investigative committee of the Board

29-32  regarding its ordering of a physician, physician assistant or

29-33  practitioner of respiratory care to undergo a physical or mental

29-34  examination or any other examination designated to assist the Board

29-35  or committee in determining the fitness of a physician, physician

29-36  assistant or practitioner of respiratory care[,]are not subject to the

29-37  requirements of NRS 241.020.

29-38     2.  Except as otherwise provided in subsection 3[,] or 4, all

29-39  applications for a license to practice medicine or respiratory care,

29-40  any charges filed by the Board, financial records of the Board,

29-41  formal hearings on any charges heard by the Board or a panel

29-42  selected by the Board, records of such hearings and any order or

29-43  decision of the Board or panel must be open to the public.

29-44     3.  [Except as otherwise provided in NRS 630.352 and 630.368,

29-45  the] The following may be kept confidential:

30-1      (a) Any statement, evidence, credential or other proof submitted

30-2  in support of or to verify the contents of an application;

30-3      (b) [All investigations and records of investigations;

30-4      (c)] Any report concerning the fitness of any person to receive

30-5  or hold a license to practice medicine or respiratory care;

30-6      [(d)] and

30-7      (c) Any communication between:

30-8          (1) The Board and any of its committees or panels; and

30-9          (2) The Board or its staff, investigators, experts, committees,

30-10  panels, hearing officers, advisory members or consultants and

30-11  counsel for the [Board; and

30-12     (e) Any other information or records in the possession of the]

30-13  Board.

30-14     4.  Except as otherwise provided in subsection 5, a complaint

30-15  filed with the Board pursuant to NRS 630.307, all documents and

30-16  other information filed with the complaint and all documents and

30-17  other information compiled as a result of an investigation

30-18  conducted to determine whether to initiate disciplinary action are

30-19  confidential.

30-20     5.  The complaint or other document filed by the Board to

30-21  initiate disciplinary action and all documents and information

30-22  considered by the Board when determining whether to impose

30-23  discipline are public records.

30-24     6.  This section does not prevent or prohibit the Board from

30-25  communicating or cooperating with any other licensing board or

30-26  agency or any agency which is investigating a licensee, including a

30-27  law enforcement agency. Such cooperation may include, without

30-28  limitation, providing the board or agency with minutes of a closed

30-29  meeting, transcripts of oral examinations and the results of oral

30-30  examinations.

30-31     Sec. 58.  NRS 630.352 is hereby amended to read as follows:

30-32     630.352  1.  Any member of the Board, except for an advisory

30-33  member serving on a panel of the Board hearing charges, may

30-34  participate in the final order of the Board. If the Board, after a

30-35  formal hearing, determines from a preponderance of the evidence

30-36  or, when the issue is the revocation of the license, by clear and

30-37  convincing evidence that a violation of the provisions of this

30-38  chapter or of the regulations of the Board has occurred, it shall issue

30-39  and serve on the physician charged an order, in writing, containing

30-40  its findings and any sanctions.

30-41     2.  If the Board determines that no violation has occurred, it

30-42  shall dismiss the charges, in writing, and notify the physician that

30-43  the charges have been dismissed. If the disciplinary proceedings

30-44  were instituted against the physician as a result of a complaint filed

31-1  against him, the Board may provide the physician with a copy of the

31-2  complaint.

31-3      3.  Except as otherwise provided in subsection 4, if the Board

31-4  finds that a violation has occurred, it [may] shall by order [:] take

31-5  one or more of the following actions:

31-6      (a) Place the person on probation for a specified period on any

31-7  of the conditions specified in the order;

31-8      (b) Administer to him a public reprimand;

31-9      (c) Limit his practice or exclude one or more specified branches

31-10  of medicine from his practice;

31-11     (d) Suspend his license for a specified period or until further

31-12  order of the Board;

31-13     (e) Revoke his license to practice medicine[;] , but only in

31-14  accordance with the provisions of section 37 of this act;

31-15     (f) Require him to participate in a program to correct alcohol or

31-16  drug dependence or any other impairment;

31-17     (g) Require supervision of his practice;

31-18     (h) Impose a fine not to exceed $5,000;

31-19     (i) Require him to perform community service without

31-20  compensation;

31-21     (j) Require him to take a physical or mental examination or an

31-22  examination testing his competence; and

31-23     (k) Require him to fulfill certain training or educational

31-24  requirements . [; and

31-25     (l) Require him to pay all costs incurred by the Board relating to

31-26  his disciplinary proceedings.]

31-27     4.  If the Board finds that the physician has violated the

31-28  provisions of NRS 439B.425, the Board shall suspend his license for

31-29  a specified period or until further order of the Board.

31-30     5.  The Board shall not administer a private reprimand if the

31-31  Board finds that a violation has occurred.

31-32     6.  An order that imposes discipline and the findings of fact

31-33  and conclusions of law supporting that order are public records.

31-34     Sec. 59.  NRS 630.400 is hereby amended to read as follows:

31-35     630.400  A person who:

31-36     1.  Presents to the Board as his own the diploma, license or

31-37  credentials of another;

31-38     2.  Gives either false or forged evidence of any kind to the

31-39  Board;

31-40     3.  Practices medicine or respiratory care under a false or

31-41  assumed name or falsely personates another licensee;

31-42     4.  Except as otherwise provided by specific statute, practices

31-43  medicine or respiratory care without being licensed under this

31-44  chapter;

32-1      5.  Holds himself out as a physician assistant or uses any other

32-2  term indicating or implying that he is a physician assistant without

32-3  being licensed by the Board; or

32-4      6.  Holds himself out as a practitioner of respiratory care or uses

32-5  any other term indicating or implying that he is a practitioner of

32-6  respiratory care without being licensed by the Board , [; or

32-7      7.  Uses the title “M.D.,” when not licensed by the Board

32-8  pursuant to this chapter, unless otherwise authorized by a specific

32-9  statute,]

32-10  is guilty of a category D felony and shall be punished as provided in

32-11  NRS 193.130.

32-12     Sec. 60.  NRS 630A.510 is hereby amended to read as follows:

32-13     630A.510  1.  Any member of the Board who was not a

32-14  member of the investigative committee, if one was appointed, may

32-15  participate in the final order of the Board. If the Board, after a

32-16  formal hearing, determines that a violation of the provisions of this

32-17  chapter or the regulations adopted by the Board has occurred, it

32-18  shall issue and serve on the person charged an order, in writing,

32-19  containing its findings and any sanctions imposed by the Board. If

32-20  the Board determines that no violation has occurred, it shall dismiss

32-21  the charges, in writing, and notify the person that the charges have

32-22  been dismissed.

32-23     2.  If the Board finds that a violation has occurred, it may by

32-24  order:

32-25     (a) Place the person on probation for a specified period on any

32-26  of the conditions specified in the order.

32-27     (b) Administer to the person a public reprimand.

32-28     (c) Limit the practice of the person or exclude a method of

32-29  treatment from the scope of his practice.

32-30     (d) Suspend the license of the person for a specified period or

32-31  until further order of the Board.

32-32     (e) Revoke the license of the person to practice homeopathic

32-33  medicine.

32-34     (f) Require the person to participate in a program to correct a

32-35  dependence upon alcohol or a controlled substance, or any other

32-36  impairment.

32-37     (g) Require supervision of the person’s practice.

32-38     (h) Impose an administrative fine not to exceed $10,000.

32-39     (i) Require the person to perform community service without

32-40  compensation.

32-41     (j) Require the person to take a physical or mental examination

32-42  or an examination of his competence to practice homeopathic

32-43  medicine.

32-44     (k) Require the person to fulfill certain training or educational

32-45  requirements.

33-1      [(l) Require the person to pay the costs of the investigation and

33-2  hearing.]

33-3      3.  The Board shall not administer a private reprimand.

33-4      4.  An order that imposes discipline and the findings of fact

33-5  and conclusions of law supporting that order are public records.

33-6      Sec. 61.  NRS 630A.555 is hereby amended to read as follows:

33-7      630A.555  1.  Except as otherwise provided in [subsection 2,]

33-8  this section, any records or information obtained during an

33-9  investigation by the Board and any record of the investigation are

33-10  confidential . [until the investigation is completed. Upon completion

33-11  of the investigation, the information and records are public records

33-12  if:

33-13     (a) Disciplinary action is imposed by the Board as a result of the

33-14  investigation; or

33-15     (b) The person regarding whom the investigation was made

33-16  submits a written request to the Board asking that the information

33-17  and records be made public records.]

33-18     2.  The complaint or other document filed by the Board to

33-19  initiate disciplinary action and all documents and information

33-20  considered by the Board when determining whether to impose

33-21  discipline are public records.

33-22     3.  The Board may provide any record or information described

33-23  in subsection 1 to any other licensing board or agency, including a

33-24  law enforcement agency, which is investigating a person who is

33-25  licensed pursuant to this chapter.

33-26     Sec. 62.  NRS 631.350 is hereby amended to read as follows:

33-27     631.350  1.  Except as otherwise provided in NRS 631.271

33-28  and 631.347, the Board may:

33-29     (a) Refuse to issue a license to any person;

33-30     (b) Revoke or suspend the license or renewal certificate issued

33-31  by it to any person;

33-32     (c) Fine a person it has licensed;

33-33     (d) Place a person on probation for a specified period on any

33-34  conditions the Board may order;

33-35     (e) Issue a public reprimand to a person;

33-36     (f) Limit a person’s practice to certain branches of dentistry;

33-37     (g) Require a person to participate in a program to correct

33-38  alcohol or drug abuse or any other impairment;

33-39     (h) Require that a person’s practice be supervised;

33-40     (i) Require a person to perform community service without

33-41  compensation;

33-42     (j) Require a person to take a physical or mental examination or

33-43  an examination of his competence;

33-44     (k) Require a person to fulfill certain training or educational

33-45  requirements;

34-1      (l) Require a person to reimburse a patient; or

34-2      (m) Any combination thereof,

34-3  upon proof satisfactory to the Board that the person has engaged in

34-4  any of the activities listed in subsection 2.

34-5      2.  The following activities may be punished as provided in

34-6  subsection 1:

34-7      (a) Engaging in the illegal practice of dentistry or dental

34-8  hygiene;

34-9      (b) Engaging in unprofessional conduct; or

34-10     (c) Violating any regulations adopted by the Board or the

34-11  provisions of this chapter.

34-12     3.  The Board may delegate to a hearing officer or panel its

34-13  authority to take any disciplinary action pursuant to this chapter,

34-14  impose and collect fines therefor and deposit the money therefrom

34-15  in banks, credit unions or savings and loan associations in this state.

34-16     4.  If a hearing officer or panel is not authorized to take

34-17  disciplinary action pursuant to subsection 3 and the Board deposits

34-18  the money collected from the imposition of fines with the State

34-19  Treasurer for credit to the State General Fund, it may present a

34-20  claim to the State Board of Examiners for recommendation to the

34-21  Interim Finance Committee if money is needed to pay attorney’s

34-22  fees or the costs of an investigation, or both.

34-23     5.  The Board shall not administer a private reprimand.

34-24     6.  An order that imposes discipline and the findings of fact

34-25  and conclusions of law supporting that order are public records.

34-26     Sec. 63.  NRS 631.368 is hereby amended to read as follows:

34-27     631.368  1.  Except as otherwise provided in [subsection 2,]

34-28  this section, any records or information obtained during the course

34-29  of an investigation by the Board and any record of the investigation

34-30  are confidential . [until the investigation is completed. Upon

34-31  completion of the investigation the information and records are

34-32  public records, only if:

34-33     (a) Disciplinary action is imposed by the Board as a result of the

34-34  investigation; or

34-35     (b) The person regarding whom the investigation was made

34-36  submits a written request to the Board asking that the information

34-37  and records be made public records.]

34-38     2.  The complaint or other document filed by the Board to

34-39  initiate disciplinary action and all documents and information

34-40  considered by the Board when determining whether to impose

34-41  discipline are public records.

34-42     3.  The Board may provide any record or information described

34-43  in subsection 1 to any other licensing board or agency or any agency

34-44  which is investigating a person licensed pursuant to this chapter,

34-45  including a law enforcement agency.

35-1      Sec. 64.  NRS 632.325 is hereby amended to read as follows:

35-2      632.325  1.  If the Board determines that a licensee or holder

35-3  of a certificate has committed any of the acts set forth in NRS

35-4  632.320, it may take any one or more of the following disciplinary

35-5  actions:

35-6      (a) Place conditions, limitations or restrictions on his license or

35-7  certificate.

35-8      (b) Impose and collect an administrative fine of not more than

35-9  $5,000.

35-10     (c) [Require the licensee or holder of a certificate to pay all costs

35-11  incurred by the Board relating to the discipline of the licensee or

35-12  holder of a certificate.

35-13     (d) Reprimand] Publicly reprimand the licensee or holder of a

35-14  certificate.

35-15     [(e)] (d) Accept the voluntary surrender of a license or

35-16  certificate in lieu of imposing any other disciplinary action set forth

35-17  in this subsection.

35-18     2.  If the Board determines that:

35-19     (a) A person whose license or certificate is suspended or

35-20  voluntarily surrendered, or has been placed on an inactive list

35-21  pursuant to NRS 632.341, has committed, during the period his

35-22  license or certificate was valid, inactive or would have been valid if

35-23  not for the suspension or surrender; or

35-24     (b) An applicant for the renewal or reinstatement of a license or

35-25  certificate has committed, at any time after the most recent renewal

35-26  of his license or certificate or the issuance of his original license or

35-27  certificate if it has not been renewed,

35-28  any of the acts set forth in NRS 632.320, the Board may take any

35-29  one or more of the disciplinary actions set forth in subsection 1.

35-30     3.  The Board shall not privately reprimand a licensee or

35-31  holder of a certificate.

35-32     4.  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 632.405 is hereby amended to read as follows:

35-35     632.405  1.  [Any] Except as otherwise provided in this

35-36  section, any records or information obtained during the course of an

35-37  investigation by the Board and any record of the investigation are

35-38  confidential . [until the investigation is completed. Upon completion

35-39  of the investigation the information and records are public records,

35-40  only if:

35-41     (a) Disciplinary action is imposed by the Board as a result of the

35-42  investigation; or

35-43     (b) The person regarding whom the investigation was made

35-44  submits a written request to the Board asking that the information

35-45  and records be made public records.]

36-1      2.  The complaint or other document filed by the Board to

36-2  initiate disciplinary action and all documents and information

36-3  considered by the Board when determining whether to impose

36-4  disciplinary action are public records.

36-5      3.  This section does not prevent or prohibit the Board from

36-6  communicating or cooperating with another licensing board or any

36-7  agency that is investigating a licensee, including a law enforcement

36-8  agency.

36-9      Sec. 66.  Chapter 633 of NRS is hereby amended by adding

36-10  thereto the provisions set forth as sections 67 to 73, inclusive, of this

36-11  act.

36-12     Sec. 67.  1.  In addition to the other requirements for

36-13  licensure, an applicant for a license to practice osteopathic

36-14  medicine shall submit to the Board information describing:

36-15     (a) Any claims made against the applicant for malpractice,

36-16  whether or not a civil action was filed concerning the claim;

36-17     (b) Any complaints filed against the applicant with a licensing

36-18  board of another state and any disciplinary action taken against

36-19  the applicant by a licensing board of another state; and

36-20     (c) Any complaints filed against the applicant with a hospital,

36-21  clinic or medical facility or any disciplinary action taken against

36-22  the applicant by a hospital, clinic or medical facility.

36-23     2.  The Board shall not issue a license to the applicant until it

36-24  has received all the information required by this section.

36-25     Sec. 68.  In addition to the other requirements for licensure,

36-26  an applicant shall cause to be submitted to the Board a certificate

36-27  of completion of progressive postgraduate training from the

36-28  residency program where the applicant received training.

36-29     Sec. 69.  The expiration of a license by operation of law or by

36-30  order or decision of the Board or a court, or the voluntary

36-31  surrender of a license by a licensee, does not deprive the Board of

36-32  jurisdiction to proceed with any investigation of, or action or

36-33  disciplinary proceeding against, the licensee or to render a

36-34  decision suspending or revoking the license.

36-35     Sec. 70.  1.  An osteopathic physician shall report to the

36-36  Board:

36-37     (a) Any action for malpractice against the osteopathic

36-38  physician not later than 45 days after the osteopathic physician

36-39  receives service of a summons and complaint for the action;

36-40     (b) Any claim for malpractice against the osteopathic

36-41  physician that is submitted to arbitration or mediation not later

36-42  than 45 days after the claim is submitted to arbitration or

36-43  mediation;

36-44     (c) Any settlement, award, judgment or other disposition of

36-45  any action or claim described in paragraph (a) or (b) not later

37-1  than 45 days after the settlement, award, judgment or other

37-2  disposition; and

37-3      (d) Any sanctions imposed against the osteopathic physician

37-4  that are reportable to the National Practitioner Data Bank not

37-5  later than 45 days after the sanctions are imposed.

37-6      2.  If the Board finds that an osteopathic physician has

37-7  violated any provision of this section, the Board may impose a fine

37-8  of not more than $5,000 against the osteopathic physician for each

37-9  violation, in addition to any other fines or penalties permitted by

37-10  law.

37-11     3.  All reports made by an osteopathic physician pursuant to

37-12  this section are public records.

37-13     Sec. 71.  If the Board receives a report pursuant to the

37-14  provisions of NRS 633.526, 690B.045, 690B.050 or section 70 of

37-15  this act indicating that a judgment has been rendered or an award

37-16  has been made against an osteopathic physician regarding an

37-17  action or claim for malpractice or that such an action or claim

37-18  against the osteopathic physician has been resolved by settlement,

37-19  the Board shall conduct an investigation to determine whether to

37-20  impose disciplinary action against the osteopathic physician

37-21  regarding the action or claim, unless the Board has already

37-22  commenced or completed such an investigation regarding the

37-23  action or claim before it receives the report.

37-24     Sec. 72.  1.  If the Board receives a report pursuant to the

37-25  provisions of NRS 633.526, 690B.045, 690B.050 or section 70 of

37-26  this act indicating that a judgment has been rendered or an award

37-27  has been made against an osteopathic physician regarding an

37-28  action or claim for malpractice or that such an action or claim

37-29  against the osteopathic physician has been resolved by settlement,

37-30  the Board may order that the osteopathic physician undergo a

37-31  mental or physical examination or an examination testing his

37-32  competence to practice medicine by osteopathic physicians or

37-33  other examinations designated by the Board to assist the Board or

37-34  any investigative committee of the Board in determining the

37-35  fitness of the osteopathic physician to practice medicine.

37-36     2.  For the purposes of this section:

37-37     (a) Every osteopathic physician who applies for a license or

37-38  who holds a license under this chapter shall be deemed to have

37-39  given his consent to submit to a mental or physical examination or

37-40  an examination testing his competence to practice medicine when

37-41  ordered to do so in writing by the Board.

37-42     (b) The testimony or reports of the examining osteopathic

37-43  physician are not privileged communications.

37-44     Sec. 73. 1.  Except as otherwise provided in this section, a

37-45  complaint filed with the Board, all documents and other

38-1  information filed with the complaint and all documents and other

38-2  information compiled as a result of the investigation conducted to

38-3  determine whether to initiate disciplinary action are confidential.

38-4      2.  The complaint or other document filed by the Board to

38-5  initiate disciplinary action and all documents and information

38-6  considered by the Board when determining whether to impose

38-7  discipline are public records.

38-8      Sec. 74. NRS 633.286 is hereby amended to read as follows:

38-9      633.286  1.  On or before February 15 of each odd-numbered

38-10  year, the Board shall submit to the Governor and to the Director of

38-11  the Legislative Counsel Bureau for transmittal to the next regular

38-12  session of the Legislature a written report compiling:

38-13     (a) Disciplinary action taken by the Board during the previous

38-14  biennium against osteopathic physicians for malpractice or

38-15  negligence; and

38-16     (b) Information reported to the Board during the previous

38-17  biennium pursuant to NRS 633.526, subsections 2 and 3 of NRS

38-18  633.533 and NRS 690B.045[.] and 690B.050 and section 70 of this

38-19  act.

38-20     2.  The report must include only aggregate information for

38-21  statistical purposes and exclude any identifying information related

38-22  to a particular person.

38-23     Sec. 75.  NRS 633.301 is hereby amended to read as follows:

38-24     633.301  The Board shall keep a record of its proceedings

38-25  relating to licensing and disciplinary actions. [The record shall]

38-26  Except as otherwise provided in section 73 of this act, the record

38-27  must be open to public inspection at all reasonable times and [shall

38-28  also] contain the name, known place of business and residence, and

38-29  the date and number of the license of every osteopathic physician

38-30  licensed under this chapter.

38-31     Sec. 76.  NRS 633.511 is hereby amended to read as follows:

38-32     633.511  The grounds for initiating disciplinary action pursuant

38-33  to this chapter are:

38-34     1.  Unprofessional conduct.

38-35     2.  Conviction of:

38-36     (a) A violation of any federal or state law regulating the

38-37  possession, distribution or use of any controlled substance or any

38-38  dangerous drug as defined in chapter 454 of NRS;

38-39     (b) A felony;

38-40     (c) A violation of any of the provisions of NRS 616D.200,

38-41  616D.220, 616D.240 or 616D.300 to 616D.440, inclusive; or

38-42     (d) Any offense involving moral turpitude.

38-43     3.  The suspension of the license to practice osteopathic

38-44  medicine by any other jurisdiction.

39-1      4.  Gross or repeated malpractice, which may be evidenced by

39-2  claims of malpractice settled against a practitioner.

39-3      5.  Professional incompetence.

39-4      6.  Failure to comply with the requirements of [NRS 633.526.]

39-5  section 70 of this act.

39-6      Sec. 77.  NRS 633.526 is hereby amended to read as follows:

39-7      633.526  1.  The insurer of an osteopathic physician licensed

39-8  under this chapter [and the osteopathic physician must] shall report

39-9  to the Board [any action filed or claim] :

39-10     (a) Any action for malpractice against the osteopathic

39-11  physician not later than 45 days after the osteopathic physician

39-12  receives service of a summons and complaint for the action;

39-13     (b) Any claim for malpractice against the osteopathic

39-14  physician that is submitted to arbitration or mediation [for

39-15  malpractice or negligence against the osteopathic physician and the]

39-16  not later than 45 days after the claim is submitted to arbitration or

39-17  mediation; and

39-18     (c) Any settlement, award, judgment or other disposition of [the]

39-19  any action or claim [within 30 days after:

39-20     (a) The action was filed or the claim was submitted to

39-21  arbitration or mediation; and

39-22     (b) The disposition of the action or claim.] described in

39-23  paragraph (a) or (b) not later than 45 days after the settlement,

39-24  award, judgment or other disposition.

39-25     2.  The Board shall report any failure to comply with subsection

39-26  1 by an insurer licensed in this state to the Division of Insurance of

39-27  the Department of Business and Industry. If, after a hearing, the

39-28  Division of Insurance determines that any such insurer failed to

39-29  comply with the requirements of subsection 1, the Division may

39-30  impose an administrative fine of not more than $10,000 against the

39-31  insurer for each such failure to report. If the administrative fine is

39-32  not paid when due, the fine must be recovered in a civil action

39-33  brought by the Attorney General on behalf of the Division.

39-34     Sec. 78.  NRS 633.651 is hereby amended to read as follows:

39-35     633.651  1.  The person charged in a formal complaint is

39-36  entitled to a hearing before the Board, but the failure of the person

39-37  charged to attend his hearing or his failure to defend himself must

39-38  not delay or void the proceedings. The Board may, for good cause

39-39  shown, continue any hearing from time to time.

39-40     2.  If the Board finds the person guilty as charged in the formal

39-41  complaint, it [may] shall by order [:] take one or more of the

39-42  following actions:

39-43     (a) Place the person on probation for a specified period or until

39-44  further order of the Board.

39-45     (b) Administer to the person a public reprimand.

40-1      (c) Limit the practice of the person to, or by the exclusion of,

40-2  one or more specified branches of osteopathic medicine.

40-3      (d) Suspend the license of the person to practice osteopathic

40-4  medicine for a specified period or until further order of the Board.

40-5      (e) Revoke the license of the person to practice osteopathic

40-6  medicine.

40-7  The order of the Board may contain such other terms, provisions or

40-8  conditions as the Board deems proper and which are not inconsistent

40-9  with law.

40-10     3.  The Board shall not administer a private reprimand.

40-11     4.  An order that imposes discipline and the findings of fact

40-12  and conclusions of law supporting that order are public records.

40-13     Sec. 79.  Chapter 634 of NRS is hereby amended by adding

40-14  thereto a new section to read as follows:

40-15     1.  Except as otherwise provided in this section, a complaint

40-16  filed with the Board, all documents and other information filed

40-17  with the complaint and all documents and other information

40-18  compiled as a result of the investigation conducted to determine

40-19  whether to initiate disciplinary action are confidential.

40-20     2.  The complaint or other document filed by the Board to

40-21  initiate disciplinary action and all documents and information

40-22  considered by the Board when determining whether to impose

40-23  discipline are public records.

40-24     Sec. 80.  NRS 634.190 is hereby amended to read as follows:

40-25     634.190  1.  The person charged is entitled to a hearing before

40-26  the Board, but the failure of the person charged to attend his hearing

40-27  or his failure to defend himself does not delay or void the

40-28  proceedings. The Board may, for good cause shown, continue any

40-29  hearing from time to time.

40-30     2.  If the Board finds the person guilty as charged in the

40-31  complaint, it may by order:

40-32     (a) Place the person on probation for a specified period or until

40-33  further order of the Board.

40-34     (b) Administer to the person a public [or private] reprimand.

40-35     (c) Limit the practice of the person to, or by the exclusion of,

40-36  one or more specified branches of chiropractic.

40-37     (d) Suspend the license of the person to practice chiropractic for

40-38  a specified period or until further order of the Board.

40-39     (e) Revoke the license of the person to practice chiropractic.

40-40     (f) Impose a fine of not more than $10,000, which must be

40-41  deposited with the State Treasurer for credit to the State General

40-42  Fund.

40-43     [(g) Require the person to pay all costs incurred by the Board

40-44  relating to the discipline of the person.]

41-1  The order of the Board may contain such other terms, provisions or

41-2  conditions as the Board deems proper and which are not inconsistent

41-3  with law.

41-4      3.  If the Board finds that a licensee has violated the provisions

41-5  of NRS 439B.425, the Board shall suspend his license for a

41-6  specified period or until further order of the Board.

41-7      4.  The Board shall not administer a private reprimand.

41-8      5.  An order that imposes discipline and the findings of fact

41-9  and conclusions of law supporting that order are public records.

41-10     Sec. 81.  NRS 634.212 is hereby amended to read as follows:

41-11     634.212  1.  The Board shall keep a record of its proceedings

41-12  relating to licensing and disciplinary actions. [These] Except as

41-13  otherwise provided in section 79 of this act, the records must be

41-14  open to public inspection at all reasonable times and must contain

41-15  the name, known place of business and residence, and the date and

41-16  number of the license of every chiropractor licensed under this

41-17  chapter. The Board may keep such other records as it deems

41-18  desirable.

41-19     2.  Except as otherwise provided in this subsection, all

41-20  information pertaining to the personal background, medical history

41-21  or financial affairs of an applicant or licensee which the Board

41-22  requires to be furnished to it under this chapter, or which it

41-23  otherwise obtains, is confidential and may be disclosed in whole or

41-24  in part only as necessary in the course of administering this chapter

41-25  or upon the order of a court of competent jurisdiction. The Board

41-26  may, under procedures established by regulation, permit the

41-27  disclosure of this information to any agent of the Federal

41-28  Government, of another state or of any political subdivision of this

41-29  state who is authorized to receive it.

41-30     3.  Notice of the disclosure and the contents of the information

41-31  disclosed pursuant to subsection 2 must be given to the applicant or

41-32  licensee who is the subject of that information.

41-33     Sec. 82.  Chapter 634A of NRS is hereby amended by adding

41-34  thereto a new section to read as follows:

41-35     1.  Except as otherwise provided in this section, a complaint

41-36  filed with the Board, all documents and other information filed

41-37  with the complaint and all documents and other information

41-38  compiled as a result of the investigation conducted to determine

41-39  whether to initiate disciplinary action are confidential.

41-40     2.  The complaint or other document filed by the Board to

41-41  initiate disciplinary action and all documents and information

41-42  considered by the Board when determining whether to impose

41-43  discipline are public records.

41-44     3.  An order that imposes discipline and the findings of fact

41-45  and conclusions of law supporting that order are public records.

42-1      Sec. 83.  NRS 634A.250 is hereby amended to read as follows:

42-2      634A.250  [1.]  In addition to any other penalties prescribed

42-3  by law, the Board may, after notice and hearing, impose upon any

42-4  person who violates any provision of this chapter or the regulations

42-5  adopted pursuant thereto an administrative fine of not more than

42-6  $2,500.

42-7      [2.  If discipline is imposed pursuant to this chapter, the costs of

42-8  the proceeding, including investigative costs and attorney’s fees,

42-9  may be recovered by the Board.]

42-10     Sec. 84.  Chapter 635 of NRS is hereby amended by adding

42-11  thereto a new section to read as follows:

42-12     1.  Except as otherwise provided in this section, a complaint

42-13  filed with the Board, all documents and other information filed

42-14  with the complaint and all documents and other information

42-15  compiled as a result of the investigation conducted to determine

42-16  whether to initiate disciplinary action are confidential.

42-17     2.  The complaint or other document filed by the Board to

42-18  initiate disciplinary action and all documents and information

42-19  considered by the Board when determining whether to impose

42-20  discipline are public records.

42-21     3.  An order that imposes discipline and the findings of fact

42-22  and conclusions of law supporting that order are public records.

42-23     Sec. 85.  NRS 635.130 is hereby amended to read as follows:

42-24     635.130  1.  The Board, after notice and hearing, and upon any

42-25  cause enumerated in subsection 2, may take one or more of the

42-26  following disciplinary actions:

42-27     (a) Deny an application for a license or refuse to renew a

42-28  license.

42-29     (b) Suspend or revoke a license.

42-30     (c) Place a licensee on probation.

42-31     (d) Impose a fine not to exceed $5,000.

42-32     [(e) Require the licensee to pay all costs incurred by the Board

42-33  relating to the discipline of the licensee.]

42-34     2.  The Board may take disciplinary action against a licensee for

42-35  any of the following causes:

42-36     (a) The making of a false statement in any affidavit required of

42-37  the applicant for application, examination or licensure pursuant to

42-38  the provisions of this chapter.

42-39     (b) Lending the use of the holder’s name to an unlicensed

42-40  person.

42-41     (c) If the holder is a podiatric physician, his permitting an

42-42  unlicensed person in his employ to practice as a podiatry hygienist.

42-43     (d) Habitual indulgence in the use of alcohol or any controlled

42-44  substance which impairs the intellect and judgment to such an extent

43-1  as in the opinion of the Board incapacitates the holder in the

43-2  performance of his professional duties.

43-3      (e) Conviction of a crime involving moral turpitude.

43-4      (f) Conviction of violating any of the provisions of NRS

43-5  616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,

43-6  inclusive.

43-7      (g) Conduct which in the opinion of the Board disqualifies him

43-8  to practice with safety to the public.

43-9      (h) The commission of fraud by or on behalf of the licensee

43-10  regarding his license or practice.

43-11     (i) Gross incompetency.

43-12     (j) Affliction of the licensee with any mental or physical

43-13  disorder which seriously impairs his competence as a podiatric

43-14  physician or podiatry hygienist.

43-15     (k) False representation by or on behalf of the licensee regarding

43-16  his practice.

43-17     (l) Unethical or unprofessional conduct.

43-18     (m) Willful or repeated violations of this chapter or regulations

43-19  adopted by the Board.

43-20     (n) Willful violation of the regulations adopted by the State

43-21  Board of Pharmacy.

43-22     Sec. 86.  NRS 635.180 is hereby amended to read as follows:

43-23     635.180  Except as otherwise provided in NRS 635.167, every

43-24  person who practices podiatry or as a podiatry hygienist without

43-25  having complied with the provisions of this chapter must be fined

43-26  not more than $10,000 for each offense . [and may be required to

43-27  pay all costs incurred by the Board relating to the discipline of the

43-28  person.]

43-29     Sec. 87.  Chapter 636 of NRS is hereby amended by adding

43-30  thereto a new section to read as follows:

43-31     1.  Except as otherwise provided in this section, a complaint

43-32  filed with the Board, all documents and other information filed

43-33  with the complaint and all documents and other information

43-34  compiled as a result of an investigation conducted to determine

43-35  whether to initiate disciplinary action are confidential.

43-36     2.  The complaint or other document filed by the Board to

43-37  initiate disciplinary action and all documents and information

43-38  considered by the Board when determining whether to impose

43-39  discipline are public records.

43-40     Sec. 88.  NRS 636.105 is hereby amended to read as follows:

43-41     636.105  1.  The Executive Director shall make and keep:

43-42     (a) A record of all meetings and proceedings of the Board.

43-43     (b) A record of all prosecutions and violations of this chapter.

43-44     (c) A record of the results of all examinations of applicants.

43-45     (d) A register of all licensees.

44-1      (e) An inventory of all property of the Board and all property of

44-2  the State in the Board’s possession.

44-3      2.  [All] Except as otherwise provided in section 87 of this act,

44-4  records of the Board are subject to public inspection.

44-5      3.  All records of the Board must be kept in the office of the

44-6  Board.

44-7      Sec. 89.  NRS 636.325 is hereby amended to read as follows:

44-8      636.325  1.  Upon conclusion of the hearing, or waiver thereof

44-9  by the licensee against whom the charge is filed, the Board shall

44-10  make and announce its decision. If the Board determines that the

44-11  allegations included in the charge are true, it may[, in the exercise

44-12  of reasonable discretion,] take any one or more of the following

44-13  actions:

44-14     (a) [Reprimand] Publicly reprimand the licensee;

44-15     (b) Place the licensee on probation for a specified or unspecified

44-16  period;

44-17     (c) Suspend the licensee from practice for a specified or

44-18  unspecified period;

44-19     (d) Revoke the licensee’s license; or

44-20     (e) Impose an administrative fine pursuant to the provisions of

44-21  NRS 636.420 . [and order the licensee to pay any costs or fees

44-22  incurred by the Board in connection with the hearing.]

44-23  The Board may, in connection with a reprimand, probation or

44-24  suspension, impose such other terms or conditions as it deems

44-25  necessary.

44-26     2.  If the Board determines that the allegations included in the

44-27  charge are false or do not warrant disciplinary action, it shall

44-28  dismiss the charge.

44-29     3.  The Board shall not privately reprimand a licensee.

44-30     4.  An order that imposes discipline and the findings of fact

44-31  and conclusions of law supporting that order are public records.

44-32     Sec. 90.  Chapter 637 of NRS is hereby amended by adding

44-33  thereto a new section to read as follows:

44-34     1.  Except as otherwise provided in this section, a complaint

44-35  filed with the Board, all documents and other information filed

44-36  with the complaint and all documents and other information

44-37  compiled as a result of the investigation conducted to determine

44-38  whether to initiate disciplinary action are confidential.

44-39     2.  The complaint or other document filed by the Board to

44-40  initiate disciplinary action and all documents and information

44-41  considered by the Board when determining whether to impose

44-42  discipline are public records.

44-43     Sec. 91.  NRS 637.085 is hereby amended to read as follows:

44-44     637.085  1.  Except as otherwise provided in subsection 2, and

44-45  section 90 of this act, all applications for licensure, any charges

45-1  filed by the Board, financial records of the Board, formal hearings

45-2  on any charges heard by the Board or a panel selected by the Board,

45-3  records of the hearings and any order or decision of the Board or

45-4  panel must be open to the public.

45-5      2.  [The] Except as otherwise provided in section 90 of this

45-6  act, the following may be kept confidential:

45-7      (a) Any statement, evidence, credential or other proof submitted

45-8  in support of or to verify the contents of an application.

45-9      (b) [All investigations and records of investigations.

45-10     (c)] Any report concerning the fitness of any person to receive

45-11  or hold a license to practice ophthalmic dispensing.

45-12     [(d)] (c) Any communication between:

45-13         (1) The Board and any of its committees or panels; and

45-14         (2) The Board or its staff, investigators, experts, committees,

45-15  panels, hearing officers, advisory members or consultants and

45-16  counsel for the Board.

45-17     [(e)] (d) Any other information or records in the possession of

45-18  the Board.

45-19     3.  This section does not prohibit the Board from

45-20  communicating or cooperating with any other licensing board or

45-21  agency or any agency which is investigating a licensee, including a

45-22  law enforcement agency.

45-23     Sec. 92.  NRS 637.150 is hereby amended to read as follows:

45-24     637.150  1.  Upon proof to the satisfaction of the Board that an

45-25  applicant or holder of a license:

45-26     [1.] (a) Has been adjudicated insane;

45-27     [2.] (b) Habitually uses any controlled substance or intoxicant;

45-28     [3.] (c) Has been convicted of a crime involving moral

45-29  turpitude;

45-30     [4.] (d) Has been convicted of violating any of the provisions of

45-31  NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,

45-32  inclusive;

45-33     [5.] (e) Has advertised in any manner which would tend to

45-34  deceive, defraud or mislead the public;

45-35     [6.] (f) Has presented to the Board any diploma, license or

45-36  certificate that has been signed or issued unlawfully or under

45-37  fraudulent representations, or obtains or has obtained a license to

45-38  practice in the State through fraud of any kind;

45-39     [7.] (g) Has been convicted of a violation of any federal or state

45-40  law relating to a controlled substance;

45-41     [8.] (h) Has violated any regulation of the Board;

45-42     [9.] (i) Has violated any provision of this chapter;

45-43     [10.] (j) Is incompetent;

45-44     [11.] (k) Is guilty of unethical or unprofessional conduct as

45-45  determined by the Board;

46-1      [12.] (l) Is guilty of repeated malpractice, which may be

46-2  evidenced by claims of malpractice settled against a practitioner; or

46-3      [13.] (m) Is guilty of a fraudulent or deceptive practice as

46-4  determined by the Board,

46-5  the Board may, in the case of an applicant, refuse to grant him a

46-6  license, or may, in the case of a holder of a license, place him on

46-7  probation, reprimand him [privately or] publicly, require him to pay

46-8  an administrative fine of not more than $10,000, suspend or revoke

46-9  his license, or take any combination of these disciplinary actions.

46-10     2.  The Board shall not privately reprimand a holder of a

46-11  license.

46-12     3.  An order that imposes discipline and the findings of fact

46-13  and conclusions of law supporting that order are public records.

46-14     Sec. 93.  Chapter 637A of NRS is hereby amended by adding

46-15  thereto a new section to read as follows:

46-16     1.  Except as otherwise provided in this section, a complaint

46-17  filed with the Board, all documents and other information filed

46-18  with the complaint and all documents and other information

46-19  compiled as a result of an investigation conducted to determine

46-20  whether to initiate disciplinary action are confidential.

46-21     2.  The complaint or other document filed by the Board to

46-22  initiate disciplinary action and all documents and information

46-23  considered by the Board when determining whether to impose

46-24  discipline are public records.

46-25     Sec. 94.  NRS 637A.290 is hereby amended to read as follows:

46-26     637A.290  1.  The holder of any license issued by the Board

46-27  whose default has been entered or who has been heard by the Board

46-28  and found guilty of the violation alleged in the complaint may be

46-29  disciplined by the Board by one or more of the following methods:

46-30     (a) Placing the licensee on probation for a period not to exceed 2

46-31  years;

46-32     (b) Suspending the right of the licensee to practice, or the right

46-33  to use a license, for a period not to exceed 3 years;

46-34     (c) Revoking the license;

46-35     (d) Public [or private] reprimand;

46-36     (e) Imposition of an administrative fine not to exceed $5,000

46-37  upon a finding by the Board of more than one violation;

46-38     (f) [Requiring the licensee to pay the costs incurred by the

46-39  Board in investigating and disciplining the licensee;

46-40     (g)] Requiring the licensee to pay restitution to any person who

46-41  has suffered an economic loss as a result of a violation of the

46-42  provisions of this chapter or any regulation adopted by the Board

46-43  pursuant thereto; or

47-1      [(h)] (g) Requiring the licensee to retake and pass the

47-2  examination or otherwise demonstrate that he is qualified and

47-3  competent to practice.

47-4      2.  If a license is suspended, it must be surrendered to the Board

47-5  and returned to the licensee upon termination of the period of

47-6  suspension.

47-7      3.  The Board shall not issue a private reprimand.

47-8      4.  An order that imposes discipline and the findings of fact

47-9  and conclusions of law supporting that order are public records.

47-10     Sec. 95.  Chapter 637B of NRS is hereby amended by adding

47-11  thereto a new section to read as follows:

47-12     1.  Except as otherwise provided in this section, a complaint

47-13  filed with the Board, all documents and other information filed

47-14  with the complaint and all documents and other information

47-15  compiled as a result of an investigation conducted to determine

47-16  whether to initiate disciplinary action are confidential.

47-17     2.  The complaint or other document filed by the Board to

47-18  initiate disciplinary action and all documents and information

47-19  considered by the Board when determining whether to impose

47-20  discipline are public records.

47-21     Sec. 96.  NRS 637B.280 is hereby amended to read as follows:

47-22     637B.280  1.  If, after the hearing, the Board determines that

47-23  the applicant or licensee has committed any act which constitutes

47-24  grounds for disciplinary action, the Board may , in the case of the

47-25  applicant , refuse to issue a license, and in all other cases:

47-26     [1.] (a) Refuse to renew a license;

47-27     [2.] (b) Revoke a license;

47-28     [3.] (c) Suspend a license for a definite time, not to exceed 1

47-29  year;

47-30     [4.] (d) Administer to the licensee a public [or private]

47-31  reprimand; or

47-32     [5.] (e) Impose a civil penalty not to exceed $1,000.

47-33     2.  The Board shall not administer a private reprimand.

47-34     3.  An order that imposes discipline and the findings of fact

47-35  and conclusions of law supporting that order are public records.

47-36     Sec. 97.  Chapter 638 of NRS is hereby amended by adding

47-37  thereto a new section to read as follows:

47-38     1.  Except as otherwise provided in this section, a complaint

47-39  filed with the Board, all documents and other information filed

47-40  with the complaint and all documents and other information

47-41  compiled as a result of an investigation conducted to determine

47-42  whether to initiate disciplinary action are confidential.

47-43     2.  The complaint or other document filed by the Board to

47-44  initiate disciplinary action and all documents and information

48-1  considered by the Board when determining whether to impose

48-2  discipline are public records.

48-3      Sec. 98.  NRS 638.087 is hereby amended to read as follows:

48-4      638.087  1.  The Board shall keep a record of:

48-5      (a) All charges filed against a licensee;

48-6      (b) The proceedings of any formal hearing conducted by the

48-7  Board or a hearing officer;

48-8      (c) Any order filed by the Board; and

48-9      (d) All licenses issued by the Board including the name of the

48-10  holder of the license, his business and residential addresses, the date

48-11  the license was issued and the serial number of the license.

48-12     2.  [The] Except as otherwise provided in section 97 of this

48-13  act, the records of the Board listed in subsection 1 must be open to

48-14  the public at reasonable times and places.

48-15     Sec. 99.  NRS 638.100 is hereby amended to read as follows:

48-16     638.100  1.  Any person who desires to secure a license to

48-17  practice veterinary medicine, surgery, obstetrics or dentistry in the

48-18  State of Nevada must make written application to the Executive

48-19  Director of the Board.

48-20     2.  The application must include the social security number of

48-21  the applicant and any other information required by the Board and

48-22  must be accompanied by satisfactory proof that the applicant:

48-23     (a) Is of good moral character;

48-24     (b) Except as otherwise provided in subsection 3, has received a

48-25  diploma conferring the degree of doctor of veterinary medicine or

48-26  its equivalent from a school of veterinary medicine within the

48-27  United States or Canada or, if the applicant is a graduate of a school

48-28  of veterinary medicine located outside the United States or Canada,

48-29  that he has received an educational certificate issued after

48-30  December 31, 1972, by the Educational [Committee on]

48-31  Commission for Foreign Veterinary Graduates of the American

48-32  Veterinary Medical Association;

48-33     (c) Has passed each examination required by the Board pursuant

48-34  to NRS 638.110; and

48-35     (d) Is a citizen of the United States or is lawfully entitled to

48-36  remain and work in the United States.

48-37     3.  A veterinary student in his final year at a school accredited

48-38  by the American Veterinary Medical Association may submit an

48-39  application to the Board and take the state examination administered

48-40  by the Board, but the Board may not issue him a license until he has

48-41  complied with the requirements of subsection 2.

48-42     4.  The application must be signed by the applicant, notarized

48-43  and accompanied by a fee set by the Board, not to exceed $500.

49-1      5.  The Board may refuse to issue a license upon satisfactory

49-2  proof that the applicant has committed an act which would be a

49-3  ground for disciplinary action if the applicant were a licensee.

49-4      [6.  If an applicant brings a civil action against the Board for

49-5  denial of a license and the decision of the Board is upheld, the

49-6  Board may recover all administrative expenses and attorney’s fees

49-7  and costs incurred by the Board in defending the action brought

49-8  against it.]

49-9      Sec. 100.  NRS 638.147 is hereby amended to read as follows:

49-10     638.147  1.  If the Board determines that any applicant for a

49-11  license or any person licensed pursuant to this chapter has

49-12  committed any of the acts which are grounds for disciplinary action,

49-13  the Board may:

49-14     [1.] (a) Refuse to issue a license.

49-15     [2.] (b) Refuse to renew a license.

49-16     [3.] (c) Revoke a license.

49-17     [4.] (d) Suspend a license for a definite period or until further

49-18  order of the Board.

49-19     [5.] (e) Impose a fine in an amount not to exceed $10,000 for

49-20  each act which constitutes a ground for disciplinary action.

49-21     [6.] (f) Place a licensee on probation subject to any reasonable

49-22  conditions imposed by the Board, including requiring courses in

49-23  continuing education or a periodic or continuous review of his

49-24  practice.

49-25     [7.] (g) Administer a public [or private reprimand.

49-26     8.] reprimand.

49-27     (h) Limit the practice of the licensee to specified branches of

49-28  veterinary medicine.

49-29     [9.] (i) Require the licensee to take a competency examination

49-30  or a mental or physical examination.

49-31     [10.  Require the licensee to pay all costs incurred by the Board

49-32  in taking disciplinary action against the licensee.]

49-33     2.  The Board shall not administer a private reprimand.

49-34     3.  An order that imposes discipline and the findings of fact

49-35  and conclusions of law supporting that order are public records.

49-36     Sec. 101.  NRS 639.2485 is hereby amended to read as

49-37  follows:

49-38     639.2485  1.  [Any] Except as otherwise provided in this

49-39  section, any records or information obtained during the course of an

49-40  investigation by the Board and any record of the investigation are

49-41  confidential . [until the investigation is completed. Upon completion

49-42  of the investigation the information and records are public records,

49-43  only if:

49-44     (a) Disciplinary action is imposed by the Board as a result of the

49-45  investigation; or

50-1      (b) The person regarding whom the investigation was made

50-2  submits a written request to the Board asking that the information

50-3  and records be made public records.]

50-4      2.  The complaint or other document filed by the Board to

50-5  initiate disciplinary action and all documents and information

50-6  considered by the Board when determining whether to impose

50-7  discipline are public records.

50-8      3.  The Board may disclose to a practitioner and a law

50-9  enforcement agency information concerning a person who procures

50-10  or attempts to procure any dangerous drug or controlled substance in

50-11  violation of NRS 453.391 or 454.311.

50-12     [3.] 4.  If the Board receives a request or subpoena for records

50-13  or information obtained during an investigation by the Board and

50-14  the records or information is not made public pursuant to subsection

50-15  [1,] 2, the Board shall notify the person regarding whom the

50-16  investigation was made of the request or subpoena. If that person

50-17  does not consent in writing to the release of the records or

50-18  information, the Board may release the records or information only

50-19  upon the order of a court of competent jurisdiction.

50-20     Sec. 102.  NRS 639.255 is hereby amended to read as follows:

50-21     639.255  1.  The holder of any certificate, license or permit

50-22  issued by the Board, whose default has been entered or who has

50-23  been heard by the Board and found guilty of the violations alleged

50-24  in the accusation, may be disciplined by the Board by one or more

50-25  of the following methods:

50-26     (a) Suspending judgment;

50-27     (b) Placing the certificate, license or permit holder on probation;

50-28     (c) Suspending the right of a certificate holder to practice, or the

50-29  right to use any license or permit, for a period to be determined by

50-30  the Board;

50-31     (d) Revoking the certificate, license or permit;

50-32     (e) Public reprimand; or

50-33     (f) Imposition of a fine for each count of the accusation, in

50-34  accordance with the schedule of fines established pursuant to

50-35  subsection 3 . [; or

50-36     (g) Requiring the certificate, license or permit holder to pay all

50-37  costs and attorney’s fees incurred by the Board relating to the

50-38  discipline of the person.]

50-39     2.  Such action by the Board is final, except that the propriety of

50-40  such action is subject to review upon questions of law by a court of

50-41  competent jurisdiction.

50-42     3.  The Board shall , by regulation , establish a schedule of fines

50-43  that may be imposed pursuant to paragraph (f) of subsection 1. Each

50-44  fine must be commensurate with the severity of the applicable

50-45  violation, but must not exceed $10,000 for each violation.

51-1      4.  The Board shall not issue a private reprimand.

51-2      5.  An order that imposes discipline and the findings of fact

51-3  and conclusions of law supporting that order are public records.

51-4      Sec. 103.  NRS 640.075 is hereby amended to read as follows:

51-5      640.075  1.  [Any] Except as otherwise provided in this

51-6  section, any records or information obtained during the course of an

51-7  investigation by the Board and any record of the investigation are

51-8  confidential . [until the investigation is completed. Upon completion

51-9  of the investigation the information and records are public records,

51-10  only if:

51-11     (a) Disciplinary action is imposed by the Board as a result of the

51-12  investigation; or

51-13     (b) The person regarding whom the investigation was made

51-14  submits a written request to the Board asking that the information

51-15  and records be made public records.]

51-16     2.  The complaint or other document filed by the Board to

51-17  initiate disciplinary action and all documents and information

51-18  considered by the Board when determining whether to impose

51-19  discipline are public records.

51-20     3.  This section does not prevent or prohibit the Board from

51-21  communicating or cooperating with another licensing board or any

51-22  agency that is investigating a licensee, including a law enforcement

51-23  agency.

51-24     4.  An order that imposes discipline and the findings of fact

51-25  and conclusions of law supporting that order are public records.

51-26     Sec. 104.  NRS 640.160 is hereby amended to read as follows:

51-27     640.160  1.  The Board, after [due] notice and hearing, and

51-28  upon any ground enumerated in subsection 2, may take one or more

51-29  of the following actions:

51-30     (a) Refuse to issue a license or temporary license to any

51-31  applicant.

51-32     (b) Refuse to renew the license or temporary license of any

51-33  person.

51-34     (c) Suspend or revoke the license or temporary license of any

51-35  person.

51-36     (d) Place any person who has been issued a license or temporary

51-37  license on probation.

51-38     (e) Impose an administrative fine which does not exceed $5,000

51-39  on any person who has been issued a license.

51-40     [(f) Require any person who has been issued a license to pay all

51-41  costs incurred by the Board relating to the discipline of the person.]

51-42     2.  The Board may take action pursuant to subsection 1 if an

51-43  applicant or person who has been licensed pursuant to this chapter:

51-44     (a) Is habitually drunk or is addicted to the use of a controlled

51-45  substance.

52-1      (b) Has been convicted of violating any state or federal law

52-2  relating to controlled substances.

52-3      (c) Is, in the judgment of the Board, guilty of immoral or

52-4  unprofessional conduct.

52-5      (d) Has been convicted of any crime involving moral turpitude.

52-6      (e) Has been convicted of violating any of the provisions of

52-7  NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,

52-8  inclusive.

52-9      (f) Is guilty, in the judgment of the Board, of gross negligence in

52-10  his practice as a physical therapist which may be evidenced by

52-11  claims of malpractice settled against a practitioner.

52-12     (g) Has obtained or attempted to obtain a license by fraud or

52-13  material misrepresentation.

52-14     (h) Has been declared insane by a court of competent

52-15  jurisdiction and has not thereafter been lawfully declared sane.

52-16     (i) Has entered into any contract or arrangement which provides

52-17  for the payment of an unearned fee to any person following his

52-18  referral of a patient.

52-19     (j) Has employed as a physical therapist any unlicensed physical

52-20  therapist or physical therapist whose license has been suspended.

52-21     (k) Has had his license to practice physical therapy suspended,

52-22  revoked or in any way limited by another jurisdiction.

52-23     (l) Is determined to be professionally incompetent by the Board.

52-24     (m) Has violated any provision of this chapter or the Board’s

52-25  regulations.

52-26     Sec. 105.  NRS 640A.200 is hereby amended to read as

52-27  follows:

52-28     640A.200  1.  The Board may, after notice and hearing,

52-29  suspend, revoke or refuse to issue or renew a license to practice as

52-30  an occupational therapist or occupational therapy assistant, or may

52-31  impose conditions upon the use of that license, if the Board

52-32  determines that the holder of or applicant for the license is guilty of

52-33  unprofessional conduct which has endangered or is likely to

52-34  endanger the public health, safety or welfare. The Board may

52-35  reinstate a revoked license upon application by the person to whom

52-36  the license was issued not less than 1 year after the license is

52-37  revoked.

52-38     2.  If the Board receives a report pursuant to subsection 5 of

52-39  NRS 228.420, a hearing must be held to consider the report within

52-40  30 days after receiving the report.

52-41     3. An order that imposes discipline and the findings of fact

52-42  and conclusions of law supporting that order are public records.

52-43     4.  As used in this section, “unprofessional conduct” includes:

52-44     (a) The obtaining of a license by fraud or through the

52-45  misrepresentation or concealment of a material fact;

53-1      (b) The conviction of any crime, except a misdemeanor which

53-2  does not involve moral turpitude; and

53-3      (c) The violation of any provision of this chapter or regulation

53-4  of the Board adopted pursuant to this chapter.

53-5      Sec. 106.  NRS 640A.220 is hereby amended to read as

53-6  follows:

53-7      640A.220  [Any]

53-8      1.  Except as otherwise provided in this section, any records or

53-9  information obtained during the course of an investigation by the

53-10  Board are confidential . [until the investigation is completed. Upon

53-11  completion of the investigation, the records and information are

53-12  public records if:

53-13     1.  Disciplinary action is imposed by the Board as a result of the

53-14  investigation; or

53-15     2.  The person under investigation submits a written request to

53-16  the Board asking that the information and records be made]

53-17     2.  The complaint or other document filed by the Board to

53-18  initiate disciplinary action and all documents and information

53-19  considered by the Board when determining whether to impose

53-20  discipline are public records.

53-21     Sec. 107.  NRS 641.090 is hereby amended to read as follows:

53-22     641.090  1.  The Secretary-Treasurer shall make and keep on

53-23  behalf of the Board:

53-24     (a) A record of all its meetings and proceedings.

53-25     (b) A record of all violations and prosecutions under the

53-26  provisions of this chapter.

53-27     (c) A record of all examinations of applicants.

53-28     (d) A register of all licenses.

53-29     (e) A register of all holders of licenses.

53-30     (f) An inventory of the property of the Board and of the State in

53-31  the Board’s possession.

53-32     2.  These records must be kept in the office of the Board and ,

53-33  except as otherwise provided in NRS 641.255, are subject to public

53-34  inspection during normal working hours upon reasonable notice.

53-35     3.  The Board may keep the personnel records of applicants

53-36  confidential.

53-37     Sec. 108.  NRS 641.240 is hereby amended to read as follows:

53-38     641.240  1.  If the Board, a panel of its members or a hearing

53-39  officer appointed by the Board finds the person guilty as charged in

53-40  the complaint, it may:

53-41     [1.] (a) Administer a public [or private reprimand.

53-42     2.] reprimand.

53-43     (b) Limit his practice.

53-44     [3.] (c) Suspend his license for a period of not more than 1 year.

53-45     [4.] (d) Revoke his license.

54-1      [5.] (e) Impose a fine of not more than $5,000.

54-2      [6.] (f) Revoke or suspend his license and impose a monetary

54-3  penalty.

54-4      [7.] (g) Suspend the enforcement of any penalty by placing him

54-5  on probation. The Board may revoke the probation if the person

54-6  does not follow any conditions imposed.

54-7      [8.] (h) Require the person to submit to the supervision of or

54-8  counseling or treatment by a person designated by the Board. The

54-9  person named in the complaint is responsible for any expense

54-10  incurred.

54-11     [9.] (i) Impose and modify any conditions of probation for the

54-12  protection of the public or the rehabilitation of the probationer.

54-13     [10.] (j) Require the person to pay for the costs of remediation

54-14  or restitution.

54-15     [11.  Assess the costs of the disciplinary proceedings, including

54-16  any investigations.]

54-17     2.  The Board shall not administer a private reprimand.

54-18     3.  An order that imposes discipline and the findings of fact

54-19  and conclusions of law supporting that order are public records.

54-20     Sec. 109.  NRS 641.255 is hereby amended to read as follows:

54-21     641.255  [All]

54-22     1.  Except as otherwise provided in subsection 2, all

54-23  complaints filed with the Board , all information relating to a

54-24  complaint and all information relating to an investigation

54-25  conducted to determine whether to initiate disciplinary action are

54-26  confidential, except to the extent necessary for the conduct of an

54-27  investigation . [, until the Board determines whether to proceed with

54-28  any action authorized under this chapter. If the Board proceeds with

54-29  any action, confidentiality is no longer required.]

54-30     2.  The complaint or other document filed by the Board to

54-31  initiate disciplinary action and all documents and information

54-32  considered by the Board when determining whether to impose

54-33  discipline are public records.

54-34     Sec. 110.  NRS 641A.191 is hereby amended to read as

54-35  follows:

54-36     641A.191  1.  [Any] Except as otherwise provided in this

54-37  section, any records or information obtained during the course of an

54-38  investigation by the Board and any record of the investigation are

54-39  confidential . [until the investigation is completed. Except as

54-40  otherwise provided in NRS 641A.315, upon completion of the

54-41  investigation the information and records are public records, only if:

54-42     (a) Disciplinary action is imposed by the Board as a result of the

54-43  investigation; or

55-1      (b) The person regarding whom the investigation was made

55-2  submits a written request to the Board asking that the information

55-3  and records be made public records.]

55-4      2.  The complaint or other document filed by the Board to

55-5  initiate disciplinary action and all documents and information

55-6  considered by the Board when determining whether to impose

55-7  discipline are public records.

55-8      3.  This section does not prohibit the Board from

55-9  communicating or cooperating with any other licensing board or

55-10  agency or any agency which is investigating a licensee, including a

55-11  law enforcement agency.

55-12     Sec. 111.  NRS 641A.320 is hereby amended to read as

55-13  follows:

55-14     641A.320  1.  The Board may discipline the holder of any

55-15  license whose default has been entered or who has been heard by the

55-16  Board and found guilty, by any of the following methods:

55-17     [1.] (a) Placing him upon probation for a period to be

55-18  determined by the Board.

55-19     [2.] (b) Suspending his license for not more than 1 year.

55-20     [3.] (c) Revoking his license.

55-21     [4.] (d) Administering a [private or] public reprimand.

55-22     [5.] (e) Limiting his practice.

55-23     [6.] (f) Imposing an administrative fine of not more than

55-24  $5,000.

55-25     [7.] (g) Requiring him to complete successfully another

55-26  examination.

55-27     [8.  Requiring him to pay the costs incurred by the Board to

55-28  conduct the hearing.]

55-29     2.  The Board shall not administer a private reprimand.

55-30     3.  An order that imposes discipline and the findings of fact

55-31  and conclusions of law supporting that order are public records.

55-32     Sec. 112.  NRS 641B.430 is hereby amended to read as

55-33  follows:

55-34     641B.430  1.  The defendant licensee must be accorded the

55-35  right to appear at the hearing of a complaint conducted by the Board

55-36  in person and through the representation of legal counsel. He must

55-37  be given adequate opportunity to confront the witnesses against him,

55-38  testify and introduce the testimony of witnesses in his behalf and

55-39  submit arguments and briefs in person or through his counsel. The

55-40  Board shall make and announce its decision as soon as practicable.

55-41     2.  The failure of the person charged to attend his hearing or

55-42  defend himself must not delay and does not void the proceedings.

55-43  The Board may, for good cause shown, continue any hearing from

55-44  time to time.

56-1      3.  If the Board finds the person guilty as charged in the

56-2  complaint, it may by order:

56-3      (a) Place the person on probation for a specified period or until

56-4  further order of the Board.

56-5      (b) Administer to the person a public [or private] reprimand.

56-6      (c) Limit the practice of the person to, or by exclusion of, one or

56-7  more specified branches of social work.

56-8      (d) Suspend the license of the person to practice social work for

56-9  a specified period or until further order of the Board.

56-10     (e) Revoke the license of the person to practice social work.

56-11     (f) Impose a fine of not more than $5,000, which must be

56-12  deposited with the State Treasurer for credit to the State General

56-13  Fund.

56-14     [(g) Require the person to pay all costs incurred by the Board

56-15  relating to the discipline of the person.]

56-16  The order of the Board may contain other terms, provisions or

56-17  conditions as the Board deems proper and which are not inconsistent

56-18  with law.

56-19     4.  The Board shall not administer a private reprimand.

56-20     5.  An order that imposes discipline and the findings of fact

56-21  and conclusions of law supporting that order are public records.

56-22     Sec. 113.  NRS 641C.720 is hereby amended to read as

56-23  follows:

56-24     641C.720  1.  The Board or any of its members who become

56-25  aware of any ground for initiating disciplinary action against a

56-26  person engaging in the practice of counseling alcohol and drug

56-27  abusers in this state shall, and any other person who is so aware

56-28  may, file a written complaint specifying the relevant facts with the

56-29  Board. The complaint must specifically charge one or more of the

56-30  grounds for initiating disciplinary action.

56-31     2.  As soon as practicable after the filing of the complaint, the

56-32  Board shall set a date for a hearing thereon. The date must not be

56-33  earlier than 30 days after the complaint is filed, except that the date

56-34  may be changed upon agreement of the parties. The Board shall

56-35  immediately notify the licensed or certified counselor or certified

56-36  intern of the complaint and the date and place set for the hearing. A

56-37  copy of the complaint must be attached to the notice.

56-38     3.  The failure of the licensed or certified counselor or certified

56-39  intern to appear at the hearing does not delay or void the proceeding.

56-40     4.  The Board may, for good cause, continue a hearing from

56-41  time to time.

56-42     5.  If, after notice and a hearing, the Board determines that the

56-43  licensed or certified counselor or certified intern has violated a

56-44  provision of this chapter or any regulation adopted pursuant to this

56-45  chapter, it may:

57-1      (a) Administer a public [or private] reprimand;

57-2      (b) Suspend his license or certificate and impose conditions for

57-3  the removal of the suspension;

57-4      (c) Revoke his license or certificate and prescribe the

57-5  requirements for the reinstatement of the license or certificate;

57-6      (d) If he is a licensed or certified counselor, require him to be

57-7  supervised by another person while he engages in the practice of

57-8  counseling alcohol and drug abusers;

57-9      (e) Require him to participate in treatment or counseling and pay

57-10  the expenses of that treatment or counseling;

57-11     (f) Require him to pay restitution to any person adversely

57-12  affected by his acts or omissions;

57-13     (g) Impose a fine of not more than $5,000; or

57-14     (h) [Require him to pay the costs of the Board for the

57-15  investigation and hearing; or

57-16     (i)] Take any combination of the actions authorized by

57-17  paragraphs (a) to [(h),] (g), inclusive.

57-18     6.  If his license or certificate is revoked or suspended pursuant

57-19  to subsection 5, the licensed or certified counselor or certified intern

57-20  may apply to the Board for a rehearing within 10 days after the

57-21  license or certificate is revoked or suspended. The licensed or

57-22  certified counselor or certified intern may apply to the Board for

57-23  reinstatement of his revoked license or certificate not earlier than 1

57-24  year after the license or certificate is revoked. The Board may

57-25  accept or reject the application and may require the successful

57-26  completion of an examination as a condition of reinstatement of the

57-27  license or certificate.

57-28     7.  The Board shall not administer a private reprimand.

57-29     8.  An order that imposes discipline and the findings of fact

57-30  and conclusions of law supporting that order are public records.

57-31     Sec. 114.  NRS 641C.760 is hereby amended to read as

57-32  follows:

57-33     641C.760  1.  [Any] Except as otherwise provided in this

57-34  section, any records or information obtained during the course of an

57-35  investigation by the Board and any record of the investigation are

57-36  confidential . [until the investigation is completed. Upon completion

57-37  of the investigation, the information and records are public records

57-38  if:

57-39     (a) Disciplinary action is imposed by the Board as a result of the

57-40  investigation; or

57-41     (b) The person regarding whom the investigation was made

57-42  submits a written request to the Board asking that the information

57-43  and records be made public records.]

57-44     2.  The complaint or other document filed by the Board to

57-45  initiate disciplinary action and all documents and information

58-1  considered by the Board when determining whether to impose

58-2  discipline are public records.

58-3      3.  If the Board receives a request or subpoena for records or

58-4  information obtained during an investigation by the Board and the

58-5  records or information is not made public pursuant to subsection [1,]

58-6  2, the Board shall notify the person regarding whom the

58-7  investigation was made of the request or subpoena. If that person

58-8  does not consent in writing to the release of the records or

58-9  information, the Board may release the records or information only

58-10  upon the order of a court of competent jurisdiction.

58-11     Sec. 115.  Chapter 642 of NRS is hereby amended by adding

58-12  thereto a new section to read as follows:

58-13     1.  Except as otherwise provided in this section, a complaint

58-14  filed with the Board, all documents and other information filed

58-15  with the complaint and all documents and other information

58-16  compiled as a result of an investigation conducted to determine

58-17  whether to initiate disciplinary action are confidential.

58-18     2.  The complaint or other document filed by the Board to

58-19  initiate disciplinary action and all documents and information

58-20  considered by the Board when determining whether to impose

58-21  discipline are public records.

58-22     Sec. 116.  NRS 642.135 is hereby amended to read as follows:

58-23     642.135  1.  If the Board determines that a person who is

58-24  licensed to practice the profession of embalming pursuant to this

58-25  chapter has committed any of the acts set forth in NRS 642.130, the

58-26  Board may:

58-27     [1.] (a) Refuse to renew his license;

58-28     [2.] (b) Revoke his license;

58-29     [3.] (c) Suspend his license for a definite period or until further

58-30  order of the Board;

58-31     [4.] (d) Impose a fine of not more than $5,000 for each act

58-32  which constitutes a ground for disciplinary action;

58-33     [5.] (e) Place him on probation for a definite period subject to

58-34  any reasonable conditions imposed by the Board;

58-35     [6.] (f) Administer a public [or private reprimand;

58-36     7.  Require him to pay the costs incurred by the Board in taking

58-37  disciplinary action against him; or

58-38     8.] reprimand; or

58-39     (g) Impose any combination of disciplinary actions set forth in

58-40  this section.

58-41     2.  The Board shall not administer a private reprimand.

58-42     3.  An order that imposes discipline and the findings of fact

58-43  and conclusions of law supporting that order are public records.

 

 

59-1      Sec. 117.  NRS 642.473 is hereby amended to read as follows:

59-2      642.473  1.  If the Board determines that a person who holds a

59-3  funeral director’s license, a permit to operate a funeral establishment

59-4  or a license to conduct direct cremations or immediate burials has

59-5  committed any of the acts set forth in NRS 642.470, the Board may:

59-6      (a) Refuse to renew his license or permit;

59-7      (b) Revoke his license or permit;

59-8      (c) Suspend his license or permit for a definite period or until

59-9  further order of the Board;

59-10     (d) Impose a fine of not more than $5,000 for each act that

59-11  constitutes a ground for disciplinary action;

59-12     (e) Place him on probation for a definite period subject to any

59-13  reasonable conditions imposed by the Board;

59-14     (f) Administer a public [or private] reprimand; or

59-15     (g) [Require him to pay the costs incurred by the Board in taking

59-16  disciplinary action against him; or

59-17     (h)] Impose any combination of disciplinary actions set forth in

59-18  paragraphs (a) to [(g),] (f), inclusive.

59-19     2.  Before the Board may refuse to renew, or suspend or revoke

59-20  a license or permit for any of the acts set forth in NRS 642.470, the

59-21  Board shall give at least 10 days’ notice in writing to the licensee or

59-22  holder of the permit. The notice must contain a brief statement of

59-23  the reasons for the proposed action of the Board and designate a

59-24  time and place for a hearing before any final action is taken.

59-25     3.  The Board shall not administer a private reprimand.

59-26     4.  An order that imposes discipline and the findings of fact

59-27  and conclusions of law supporting that order are public records.

59-28     Sec. 118.  Chapter 643 of NRS is hereby amended by adding

59-29  thereto a new section to read as follows:

59-30     1.  Except as otherwise provided in this section, a complaint

59-31  filed with the Board, all documents and other information filed

59-32  with the complaint and all documents and other information

59-33  compiled as a result of an investigation conducted to determine

59-34  whether to initiate disciplinary action are confidential.

59-35     2.  The complaint or other document filed by the Board to

59-36  initiate disciplinary action and all documents and information

59-37  considered by the Board when determining whether to impose

59-38  discipline are public records.

59-39     Sec. 119.  NRS 643.185 is hereby amended to read as follows:

59-40     643.185  1.  The following are grounds for disciplinary action

59-41  by the Board:

59-42     (a) Violation by any person licensed pursuant to the provisions

59-43  of this chapter of any provision of this chapter or the regulations

59-44  adopted by the Board.

59-45     (b) Conviction of a felony.

60-1      (c) Malpractice or incompetency.

60-2      (d) Continued practice by a person knowingly having an

60-3  infectious or contagious disease.

60-4      (e) Advertising, practicing or attempting to practice under

60-5  another’s name or trade name.

60-6      (f) Drunkenness or addiction to a controlled substance.

60-7      2.  If the Board determines that a violation of this section has

60-8  occurred, it may:

60-9      (a) Refuse to issue or renew a license;

60-10     (b) Revoke or suspend a license; and

60-11     (c) Impose a fine of not more than $1,000 . [; and

60-12     (d) Require the person to pay all costs incurred by the Board

60-13  relating to the discipline of the person.]

60-14     3.  An order that imposes discipline and the findings of fact

60-15  and conclusions of law supporting that order are public records.

60-16     Sec. 120.  Chapter 644 of NRS is hereby amended by adding

60-17  thereto a new section to read as follows:

60-18     1.  Except as otherwise provided in this section, a complaint

60-19  filed with the Board, all documents and other information filed

60-20  with the complaint and all documents and other information

60-21  compiled as a result of an investigation conducted to determine

60-22  whether to initiate disciplinary action are confidential.

60-23     2.  The complaint or other document filed by the Board to

60-24  initiate disciplinary action and all documents and information

60-25  considered by the Board when determining whether to impose

60-26  discipline are public records.

60-27     Sec. 121.  NRS 644.080 is hereby amended to read as follows:

60-28     644.080  The Board:

60-29     1.  Shall prescribe the duties of its officers, examiners and

60-30  employees, and fix the compensation of those employees.

60-31     2.  May establish offices in as many localities in the State as it

60-32  finds necessary to carry out the provisions of this chapter. All

60-33  records and files of the Board must be kept at the main office of the

60-34  Board and , except as otherwise provided in section 120 of this act,

60-35  be open to public inspection at all reasonable hours.

60-36     3.  May adopt a seal.

60-37     4.  May issue subpoenas to compel the attendance of witnesses

60-38  and the production of books and papers.

60-39     Sec. 122.  NRS 644.430 is hereby amended to read as follows:

60-40     644.430  1.  The following are grounds for disciplinary action

60-41  by the Board:

60-42     (a) Failure of an owner of a cosmetological establishment, a

60-43  licensed aesthetician, cosmetologist, hair designer, electrologist,

60-44  instructor, manicurist, demonstrator of cosmetics or school of

60-45  cosmetology, or a cosmetologist’s apprentice to comply with the

61-1  requirements of this chapter or the applicable regulations adopted by

61-2  the Board.

61-3      (b) Obtaining practice in cosmetology or any branch thereof, for

61-4  money or any thing of value, by fraudulent misrepresentation.

61-5      (c) Gross malpractice.

61-6      (d) Continued practice by a person knowingly having an

61-7  infectious or contagious disease.

61-8      (e) Drunkenness or the use or possession, or both, of a

61-9  controlled substance or dangerous drug without a prescription, while

61-10  engaged in the practice of cosmetology.

61-11     (f ) Advertisement by means of knowingly false or deceptive

61-12  statements.

61-13     (g) Permitting a license to be used where the holder thereof is

61-14  not personally, actively and continuously engaged in business.

61-15     (h) Failure to display the license as provided in NRS 644.290,

61-16  644.360 and 644.410.

61-17     (i) Entering, by a school of cosmetology, into an unconscionable

61-18  contract with a student of cosmetology.

61-19     (j ) Continued practice of cosmetology or operation of a

61-20  cosmetological establishment or school of cosmetology after the

61-21  license therefor has expired.

61-22     (k) Any other unfair or unjust practice, method or dealing

61-23  which, in the judgment of the Board, may justify such action.

61-24     2.  If the Board determines that a violation of this section has

61-25  occurred, it may:

61-26     (a) Refuse to issue or renew a license;

61-27     (b) Revoke or suspend a license;

61-28     (c) Place the licensee on probation for a specified period; or

61-29     (d) Impose a fine not to exceed $1,000.

61-30     3.  An order that imposes discipline and the findings of fact

61-31  and conclusions of law supporting that order are public records.

61-32     Sec. 123.  Chapter 645 of NRS is hereby amended by adding

61-33  thereto a new section to read as follows:

61-34     1.  Except as otherwise provided in this section, a complaint

61-35  filed with the Commission alleging a violation of this chapter, all

61-36  documents and other information filed with the complaint and all

61-37  documents and other information compiled as a result of an

61-38  investigation conducted to determine whether to initiate

61-39  disciplinary action are confidential.

61-40     2.  The complaint or other document filed by the Commission

61-41  to initiate disciplinary action and all documents and information

61-42  considered by the Commission when determining whether to

61-43  impose discipline are public records.

 

 

62-1      Sec. 124.  NRS 645.180 is hereby amended to read as follows:

62-2      645.180  1.  The Division shall adopt a seal by which it shall

62-3  authenticate its proceedings.

62-4      2.  [Records] Except as otherwise provided in section 123 of

62-5  this act, records kept in the office of the Division under authority of

62-6  this chapter are open to public inspection under regulations adopted

62-7  by the [Real Estate] Division, except that the Division may refuse to

62-8  make public, unless ordered to do so by a court:

62-9      (a) Real estate brokers’ and real estate salesmen’s examinations;

62-10  and

62-11     (b) [Files compiled by the Division while investigating possible

62-12  violations of this chapter or chapter 119 of NRS; and

62-13     (c)] The criminal and financial records of licensees, applicants

62-14  for licenses and owner-developers.

62-15     3.  Copies of all records and papers in the office of the Division,

62-16  certified and authenticated by the seal of the Division, must be

62-17  received in evidence in all courts equally and with like effect as the

62-18  originals.

62-19     Sec. 125.  NRS 645.630 is hereby amended to read as follows:

62-20     645.630  1.  The Commission may require a licensee, property

62-21  manager or owner-developer to pay an administrative fine of not

62-22  more than $5,000 for each violation he commits or suspend, revoke,

62-23  deny the renewal of or place conditions upon his license, permit or

62-24  registration, or impose any combination of those actions, at any time

62-25  if the licensee, property-manager or owner-developer has, by false

62-26  or fraudulent representation, obtained a license, permit or

62-27  registration, or the licensee, property manager or owner-developer,

62-28  whether or not acting as such, is found guilty of:

62-29     [1.] (a) Making any material misrepresentation.

62-30     [2.] (b) Making any false promises of a character likely to

62-31  influence, persuade or induce.

62-32     [3.] (c) Accepting a commission or valuable consideration as a

62-33  real estate broker-salesman or salesman for the performance of any

62-34  of the acts specified in this chapter or chapter 119 or 119A of NRS

62-35  from any person except the licensed real estate broker with whom he

62-36  is associated or the owner-developer by whom he is employed.

62-37     [4.] (d) Representing or attempting to represent a real estate

62-38  broker other than the broker with whom he is associated, without the

62-39  express knowledge and consent of the broker with whom he is

62-40  associated.

62-41     [5.] (e) Failing to maintain, for review and audit by the

62-42  Division, each brokerage agreement governed by the provisions of

62-43  this chapter and entered into by the licensee.

63-1      [6.] (f) Failing, within a reasonable time, to account for or to

63-2  remit any money which comes into his possession and which

63-3  belongs to others.

63-4      [7.] (g) If he is required to maintain a trust account:

63-5      [(a)] (1) Failing to balance the trust account at least monthly;

63-6  and

63-7      [(b)] (2) Failing to submit to the Division an annual accounting

63-8  of the trust account as required in NRS 645.310.

63-9      [8.] (h) Commingling the money or other property of his clients

63-10  with his own or converting the money of others to his own use.

63-11     [9.] (i) In the case of a broker-salesman or salesman, failing to

63-12  place in the custody of his licensed broker or owner-developer, as

63-13  soon as possible, any deposit or other money or consideration

63-14  entrusted to him by any person dealing with him as the

63-15  representative of his licensed broker.

63-16     [10.] (j) Accepting other than cash as earnest money unless that

63-17  fact is communicated to the owner before his acceptance of the offer

63-18  to purchase and that fact is shown in the receipt for the earnest

63-19  money.

63-20     [11.] (k) Upon acceptance of an agreement, in the case of a

63-21  broker, failing to deposit any check or cash received as earnest

63-22  money before the end of the next banking day unless otherwise

63-23  provided in the purchase agreement.

63-24     [12.] (l) Inducing any party to a brokerage agreement, sale or

63-25  lease to break it in order to substitute a new brokerage agreement,

63-26  agreement of sale or lease with the same or another party if the

63-27  inducement to make the substitution is offered to secure personal

63-28  gain to the licensee or owner-developer.

63-29  [If discipline is imposed pursuant to this section, the costs of the

63-30  proceeding, including investigative costs and attorney’s fees, may

63-31  be recovered by the Board.]

63-32     2.  An order that imposes discipline and the findings of fact

63-33  and conclusions of law supporting that order are public records.

63-34     Sec. 126.  NRS 645.990 is hereby amended to read as follows:

63-35     645.990  1.  A person who:

63-36     (a) Obtains or attempts to obtain a license pursuant to this

63-37  chapter by means of intentional misrepresentation, deceit or fraud;

63-38  or

63-39     (b) Sells or attempts to sell in this state any interest in real

63-40  property by means of intentional misrepresentation, deceit or

63-41  fraud,

63-42  is guilty of a category D felony and shall be punished as provided in

63-43  NRS 193.130. In addition to any other penalty, the court shall order

63-44  the person to pay restitution.

64-1      2.  Any licensee, permittee or owner-developer who commits an

64-2  act described in NRS 645.630, 645.633 or 645.635 shall be punished

64-3  by a fine of not more than $5,000 for each offense.

64-4      3.  A person who violates any other provision of this chapter, if

64-5  a natural person, is guilty of a gross misdemeanor, and if a limited-

64-6  liability company, partnership, association or corporation, shall be

64-7  punished by a fine of not more than $2,500.

64-8      4.  Any officer or agent of a corporation, or member or agent of

64-9  a limited-liability company, partnership or association, who

64-10  personally participates in or is an accessory to any violation of this

64-11  chapter by the limited-liability company, partnership, association or

64-12  corporation, is subject to the penalties prescribed in this section for

64-13  natural persons.

64-14     5.  The provisions of this section do not release a person from

64-15  civil liability or criminal prosecution pursuant to the general laws of

64-16  this state.

64-17     6.  The Administrator may prefer a complaint for violation of

64-18  NRS 645.230 before any court of competent jurisdiction and may

64-19  take the necessary legal steps through the proper legal officers of

64-20  this state to enforce the provisions thereof.

64-21     7.  Any court of competent jurisdiction may try any violation of

64-22  this chapter, and upon conviction, the court may revoke or suspend

64-23  the license of the person so convicted, in addition to imposing the

64-24  other penalties provided in this section.

64-25     [8.  If discipline is imposed pursuant to this section, the costs of

64-26  the proceeding, including investigative costs and attorney’s fees,

64-27  may be recovered by the Administrator.]

64-28     Sec. 127.  Chapter 645A of NRS is hereby amended by adding

64-29  thereto a new section to read as follows:

64-30     1.  Except as otherwise provided in this section, a complaint

64-31  filed with the Commissioner, all documents and other information

64-32  filed with the complaint and all documents and other information

64-33  compiled as a result of the investigation conducted to determine

64-34  whether to initiate disciplinary action are confidential.

64-35     2.  The complaint or other document filed by the

64-36  Commissioner to initiate disciplinary action and all documents

64-37  and information considered by the Commissioner when

64-38  determining whether to impose discipline are public records.

64-39     Sec. 128.  NRS 645A.050 is hereby amended to read as

64-40  follows:

64-41     645A.050  1.  Subject to the administrative control of the

64-42  Director of the Department of Business and Industry, the

64-43  Commissioner shall exercise general supervision and control over

64-44  escrow agents and agencies doing business in the State of Nevada.

65-1      2.  In addition to the other duties imposed upon him by law, the

65-2  Commissioner shall:

65-3      (a) Adopt such regulations as may be necessary for making this

65-4  chapter effective.

65-5      (b) Conduct or cause to be conducted each year an examination

65-6  of each escrow agency licensed pursuant to this chapter.

65-7      (c) Conduct such investigations as may be necessary to

65-8  determine whether any person has violated any provision of this

65-9  chapter.

65-10     (d) Conduct such examinations, investigations and hearings, in

65-11  addition to those specifically provided for by law, as may be

65-12  necessary and proper for the efficient administration of the laws of

65-13  this state relating to escrow.

65-14     (e) Classify as confidential the financial statements of an escrow

65-15  agency and those records and information obtained by the Division

65-16  which:

65-17         (1) Are obtained from a governmental agency upon the

65-18  express condition that they remain confidential.

65-19         (2) [Consist] Except as otherwise provided in section 127 of

65-20  this act, consist of information compiled by the Division in the

65-21  investigation of possible violations of this chapter.

65-22  This paragraph does not limit examination by the Legislative

65-23  Auditor or any other person pursuant to a court order.

65-24     3.  An escrow agency may engage a certified public accountant

65-25  to perform such an examination in lieu of the Division. In such a

65-26  case, the examination must be equivalent to the type of examination

65-27  made by the Division and the expense must be borne by the escrow

65-28  agency being examined.

65-29     4.  The Commissioner shall determine whether an examination

65-30  performed by an accountant pursuant to subsection 3 is equivalent to

65-31  an examination conducted by the Division. The Commissioner may

65-32  examine any area of the operation of an escrow agency if the

65-33  Commissioner determines that the examination of that area is not

65-34  equivalent to an examination conducted by the Division.

65-35     Sec. 129.  NRS 645A.090 is hereby amended to read as

65-36  follows:

65-37     645A.090  1.  The Commissioner may refuse to license any

65-38  escrow agent or agency or may suspend or revoke any license or

65-39  impose a fine of not more than $500 for each violation by entering

65-40  an order to that effect, with his findings in respect thereto, if upon a

65-41  hearing, it is determined that the applicant or licensee:

65-42     (a) In the case of an escrow agency, is insolvent;

65-43     (b) Has violated any provision of this chapter or any regulation

65-44  adopted pursuant thereto or has aided and abetted another to do so;

66-1      (c) In the case of an escrow agency, is in such a financial

66-2  condition that he cannot continue in business with safety to his

66-3  customers;

66-4      (d) Has committed fraud in connection with any transaction

66-5  governed by this chapter;

66-6      (e) Has intentionally or knowingly made any misrepresentation

66-7  or false statement to, or concealed any essential or material fact

66-8  from, any principal or designated agent of a principal in the course

66-9  of the escrow business;

66-10     (f) Has intentionally or knowingly made or caused to be made to

66-11  the Commissioner any false representation of a material fact or has

66-12  suppressed or withheld from the Commissioner any information

66-13  which the applicant or licensee possesses;

66-14     (g) Has failed without reasonable cause to furnish to the parties

66-15  of an escrow their respective statements of the settlement within a

66-16  reasonable time after the close of escrow;

66-17     (h) Has failed without reasonable cause to deliver, within a

66-18  reasonable time after the close of escrow, to the respective parties of

66-19  an escrow transaction any money, documents or other properties

66-20  held in escrow in violation of the provisions of the escrow

66-21  instructions;

66-22     (i) Has refused to permit an examination by the Commissioner

66-23  of his books and affairs or has refused or failed, within a reasonable

66-24  time, to furnish any information or make any report that may be

66-25  required by the Commissioner pursuant to the provisions of this

66-26  chapter;

66-27     (j) Has been convicted of a felony or any misdemeanor of which

66-28  an essential element is fraud;

66-29     (k) In the case of an escrow agency, has failed to maintain

66-30  complete and accurate records of all transactions within the last 6

66-31  years;

66-32     (l) Has commingled the money of others with his own or

66-33  converted the money of others to his own use;

66-34     (m) Has failed, before the close of escrow, to obtain written

66-35  escrow instructions concerning any essential or material fact or

66-36  intentionally failed to follow the written instructions which have

66-37  been agreed upon by the parties and accepted by the holder of the

66-38  escrow;

66-39     (n) Has failed to disclose in writing that he is acting in the dual

66-40  capacity of escrow agent or agency and undisclosed principal in any

66-41  transaction; or

66-42     (o) In the case of an escrow agency, has:

66-43         (1) Failed to maintain adequate supervision of an escrow

66-44  agent; or

67-1          (2) Instructed an escrow agent to commit an act which would

67-2  be cause for the revocation of the escrow agent’s license and the

67-3  escrow agent committed the act. An escrow agent is not subject to

67-4  disciplinary action for committing such an act under instruction by

67-5  the escrow agency.

67-6      2.  It is sufficient cause for the imposition of a fine or the

67-7  refusal, suspension or revocation of the license of a partnership,

67-8  corporation or any other association that any member of the

67-9  partnership or any officer or director of the corporation or

67-10  association has been guilty of any act or omission which would be

67-11  cause for such action had the applicant or licensee been a natural

67-12  person.

67-13     3.  The Commissioner may suspend any license for not more

67-14  than 30 days, pending a hearing, if upon examination into the affairs

67-15  of the licensee it is determined that any of the grounds enumerated

67-16  in subsection 1 or 2 exist.

67-17     4.  The Commissioner may refuse to issue a license to any

67-18  person who, within 10 years before the date of applying for a current

67-19  license, has had suspended or revoked a license issued pursuant to

67-20  this chapter or a comparable license issued by any other state,

67-21  district or territory of the United States or any foreign country.

67-22     5.  An order that imposes discipline and the findings of fact

67-23  and conclusions of law supporting that order are public records.

67-24     Sec. 130.  Chapter 645B of NRS is hereby amended by adding

67-25  thereto a new section to read as follows:

67-26     1.  Except as otherwise provided in this section, a complaint

67-27  filed with the Commissioner, all documents and other information

67-28  filed with the complaint and all documents and other information

67-29  compiled as a result of an investigation conducted to determine

67-30  whether to initiate disciplinary action are confidential.

67-31     2.  The complaint or other document filed by the

67-32  Commissioner to initiate disciplinary action and all documents

67-33  and information considered by the Commissioner when

67-34  determining whether to impose discipline are public records.

67-35     3.  An order that imposes discipline and the findings of fact

67-36  and conclusions of law supporting that order are public records.

67-37     Sec. 131.  NRS 645B.070 is hereby amended to read as

67-38  follows:

67-39     645B.070  1.  In the conduct of any examination, periodic or

67-40  special audit, investigation or hearing, the Commissioner may:

67-41     (a) Compel the attendance of any person by subpoena.

67-42     (b) Administer oaths.

67-43     (c) Examine any person under oath concerning the business and

67-44  conduct of affairs of any person subject to the provisions of this

68-1  chapter and in connection therewith require the production of any

68-2  books, records or papers relevant to the inquiry.

68-3      2.  Any person subpoenaed under the provisions of this section

68-4  who willfully refuses or willfully neglects to appear at the time and

68-5  place named in the subpoena or to produce books, records or papers

68-6  required by the Commissioner, or who refuses to be sworn or

68-7  answer as a witness, is guilty of a misdemeanor and shall be

68-8  punished as provided in NRS 645B.950.

68-9      3.  [The] In addition to the authority to recover attorney’s fees

68-10  and costs pursuant to any other statute, the Commissioner may

68-11  assess against and collect from a person all costs, including, without

68-12  limitation, reasonable attorney’s fees, that are attributable to any

68-13  examination, periodic or special audit, investigation or hearing that

68-14  is conducted to examine or investigate the conduct, activities or

68-15  business of the person pursuant to this chapter.

68-16     Sec. 132.  NRS 645B.090 is hereby amended to read as

68-17  follows:

68-18     645B.090  1.  Except as otherwise provided in this section or

68-19  by specific statute, all papers, documents, reports and other written

68-20  instruments filed with the Commissioner pursuant to this chapter are

68-21  open to public inspection.

68-22     2.  Except as otherwise provided in subsection 3, the

68-23  Commissioner may withhold from public inspection or refuse to

68-24  disclose to a person, for such time as the Commissioner considers

68-25  necessary, any information that, in his judgment, would:

68-26     (a) Impede or otherwise interfere with an investigation that is

68-27  currently pending against a mortgage broker;

68-28     (b) Have an undesirable effect on the welfare of the public or the

68-29  welfare of any mortgage broker or mortgage agent; or

68-30     (c) Give any mortgage broker a competitive advantage over any

68-31  other mortgage broker.

68-32     3.  [The] Except as otherwise provided in section 130 of this

68-33  act, the Commissioner shall disclose the following information

68-34  concerning a mortgage broker to any person who requests it:

68-35     (a) The findings and results of any investigation which has been

68-36  completed during the immediately preceding 5 years against the

68-37  mortgage broker pursuant to the provisions of this chapter and

68-38  which has resulted in a finding by the Commissioner that the

68-39  mortgage broker committed a violation of a provision of this

68-40  chapter, a regulation adopted pursuant to this chapter or an order of

68-41  the Commissioner; and

68-42     (b) The nature of any disciplinary action that has been taken

68-43  during the immediately preceding 5 years against the mortgage

68-44  broker pursuant to the provisions of this chapter.

69-1      Sec. 133.  NRS 645B.610 is hereby amended to read as

69-2  follows:

69-3      645B.610  1.  If a person properly files a complaint with the

69-4  Commissioner pursuant to NRS 645B.600, the Commissioner shall

69-5  investigate each violation alleged in the complaint, unless the

69-6  Commissioner has previously investigated the alleged violation.

69-7      2.  Except as otherwise provided in subsection 2 of NRS

69-8  645B.090, if the Commissioner does not conduct an investigation of

69-9  an alleged violation pursuant to subsection 1 because he previously

69-10  has investigated the alleged violation, the Commissioner shall

69-11  provide to the person who filed the complaint a written summary of

69-12  the previous investigation and the nature of any disciplinary action

69-13  that was taken as a result of the previous investigation.

69-14     3.  If the Commissioner conducts an investigation of an alleged

69-15  violation pursuant to subsection 1, the Commissioner shall

69-16  determine from the investigation whether there is reasonable cause

69-17  to believe that the person committed the alleged violation.

69-18     4.  If, upon investigation, the Commissioner determines that

69-19  there is not reasonable cause to believe that the person committed

69-20  the alleged violation, the Commissioner shall provide the reason for

69-21  his determination, in writing, to the person who filed the complaint

69-22  and to the person alleged to have committed the violation.

69-23     5.  Except as otherwise provided in subsection 6, if, upon

69-24  investigation, the Commissioner determines that there is reasonable

69-25  cause to believe that the person committed the alleged violation, the

69-26  Commissioner shall:

69-27     (a) Schedule a hearing concerning the alleged violation;

69-28     (b) Mail to the last known address of the person who filed the

69-29  complaint written notice that must include, without limitation:

69-30         (1) The date, time and place of the hearing; and

69-31         (2) A statement of each alleged violation that will be

69-32  considered at the hearing; and

69-33     (c) By personal service in accordance with the Nevada Rules of

69-34  Civil Procedure and any applicable provision of NRS, serve written

69-35  notice of the hearing to the person alleged to have committed the

69-36  violation. The written notice that is served pursuant to this

69-37  paragraph must include, without limitation:

69-38         (1) The date, time and place of the hearing;

69-39         (2) A copy of the complaint and a statement of each alleged

69-40  violation that will be considered at the hearing; and

69-41         (3) A statement informing the person that, pursuant to NRS

69-42  645B.760, if he fails to appear, without reasonable cause, at the

69-43  hearing:

69-44             (I) He is guilty of a misdemeanor; and

70-1              (II) The Commissioner is authorized to conduct the

70-2  hearing in his absence, draw any conclusions that the Commissioner

70-3  deems appropriate from his failure to appear and render a decision

70-4  concerning each alleged violation.

70-5      6.  [The Commissioner is not required to schedule or conduct a

70-6  hearing concerning an alleged violation pursuant to subsection 5 if

70-7  the Commissioner and the person alleged to have committed the

70-8  violation enter] If the Commissioner enters into a written consent

70-9  agreement settling or resolving the alleged violation , [. If such a

70-10  written consent agreement is executed,] the Commissioner shall

70-11  provide a copy of the written consent agreement to the person who

70-12  filed the complaint.

70-13     7.  The Commissioner may:

70-14     (a) Investigate and conduct a hearing concerning any alleged

70-15  violation, whether or not a complaint has been filed.

70-16     (b) Hear and consider more than one alleged violation against a

70-17  person at the same hearing.

70-18     Sec. 134.  Chapter 645C of NRS is hereby amended by adding

70-19  thereto a new section to read as follows:

70-20     1.  Except as otherwise provided in this section, a complaint

70-21  filed with the Commission, all documents and other information

70-22  filed with the complaint and all documents and other information

70-23  compiled as a result of an investigation conducted to determine

70-24  whether to initiate disciplinary action are confidential.

70-25     2.  The complaint or other document filed by the Commission

70-26  to initiate disciplinary action and all documents and information

70-27  considered by the Commission when determining whether to

70-28  impose discipline are public records.

70-29     Sec. 135.  NRS 645C.220 is hereby amended to read as

70-30  follows:

70-31     645C.220  1.  The Division shall maintain a record of:

70-32     (a) Persons whose applications for a certificate, license or

70-33  registration card have been denied;

70-34     (b) Investigations conducted by it which result in the initiation

70-35  of formal disciplinary proceedings;

70-36     (c) Formal disciplinary proceedings; and

70-37     (d) Rulings or decisions upon complaints filed with it.

70-38     2.  Except as otherwise provided in this section, and section

70-39  134 of this act, records kept in the office of the Division pursuant to

70-40  this chapter are open to the public for inspection pursuant to

70-41  regulations adopted by the Commission. The Division may keep

70-42  confidential, unless otherwise ordered by a court:

70-43     (a) Examinations for a certificate or license; and

70-44     (b) [Information obtained by the Division while investigating

70-45  alleged violations of this chapter; and

71-1      (c)] The criminal and financial records of an appraiser or intern,

71-2  or an applicant for a certificate, license or registration card.

71-3      Sec. 136.  NRS 645C.460 is hereby amended to read as

71-4  follows:

71-5      645C.460  1.  Grounds for disciplinary action against a

71-6  certified or licensed appraiser or registered intern include:

71-7      (a) Unprofessional conduct;

71-8      (b) Professional incompetence;

71-9      (c) A criminal conviction for a felony or any offense involving

71-10  moral turpitude; and

71-11     (d) The suspension or revocation of a registration card,

71-12  certificate, license or permit to act as an appraiser in any other

71-13  jurisdiction.

71-14     2.  If grounds for disciplinary action against an appraiser or

71-15  intern exist, the Commission may do one or more of the following:

71-16     (a) Revoke or suspend his certificate, license or registration

71-17  card.

71-18     (b) Place conditions upon his certificate, license or registration

71-19  card, or upon the reissuance of a certificate, license or registration

71-20  card revoked pursuant to this section.

71-21     (c) Deny the renewal of his certificate, license or registration

71-22  card.

71-23     (d) Impose a fine of not more than $1,000 for each violation.

71-24     3.  If a certificate, license or registration card is revoked by the

71-25  Commission, another certificate, license or registration card must

71-26  not be issued to the same appraiser or intern for at least 1 year after

71-27  the date of the revocation, or at any time thereafter except in the sole

71-28  discretion of the Administrator, and then only if the appraiser or

71-29  intern satisfies all the requirements for an original certificate, license

71-30  or registration card.

71-31     4.  [If discipline is imposed pursuant to this section, the costs of

71-32  the proceeding, including investigative costs and attorney’s fees,

71-33  may be recovered by the Commission.] An order that imposes

71-34  discipline and the findings of fact and conclusions of law

71-35  supporting that order are public records.

71-36     Sec. 137.  Chapter 645D of NRS is hereby amended by adding

71-37  thereto a new section to read as follows:

71-38     1.  Except as otherwise provided in this section, a complaint

71-39  filed with the Division, all documents and other information filed

71-40  with the complaint and all documents and other information

71-41  compiled as a result of an investigation conducted to determine

71-42  whether to initiate disciplinary action are confidential.

71-43     2.  The complaint or other document filed by the Division to

71-44  initiate disciplinary action and all documents and information

72-1  considered by the Division when determining whether to impose

72-2  discipline are public records.

72-3      Sec. 138.  NRS 645D.130 is hereby amended to read as

72-4  follows:

72-5      645D.130  1.  The Division shall maintain a record of:

72-6      (a) Persons from whom it receives applications for a certificate;

72-7      (b) Investigations conducted by it that result in the initiation of

72-8  formal disciplinary proceedings;

72-9      (c) Formal disciplinary proceedings; and

72-10     (d) Rulings or decisions upon complaints filed with it.

72-11     2.  Except as otherwise provided in this section [,] and section

72-12  137 of this act, records kept in the office of the Division pursuant to

72-13  this chapter are open to the public for inspection pursuant to

72-14  regulations adopted by the Division. The Division shall keep

72-15  confidential, unless otherwise ordered by a court[:

72-16     (a) Information obtained by the Division while investigating

72-17  alleged violations of this chapter; and

72-18     (b) The] , the criminal and financial records of an inspector or of

72-19  an applicant for a certificate.

72-20     Sec. 139.  NRS 645D.700 is hereby amended to read as

72-21  follows:

72-22     645D.700  1.  Grounds for disciplinary action against a

72-23  certified inspector are:

72-24     (a) Unprofessional conduct;

72-25     (b) Professional incompetence; and

72-26     (c) A criminal conviction for a felony or any offense involving

72-27  moral turpitude.

72-28     2.  If grounds for disciplinary action against a certified

72-29  inspector exist, the Division may, after providing the inspector with

72-30  notice and an opportunity for a hearing, do one or more of the

72-31  following:

72-32     (a) Revoke or suspend his certificate.

72-33     (b) Place conditions upon his certificate or upon the reissuance

72-34  of a certificate revoked pursuant to this section.

72-35     (c) Deny the renewal of his certificate

72-36     (d) Impose a fine of not more than $1,000 for each violation.

72-37     3.  If a certificate is revoked by the Division, another certificate

72-38  must not be issued to the same inspector for at least 1 year after the

72-39  date of the revocation, or at any time thereafter except in the sole

72-40  discretion of the Administrator, and then only if the inspector

72-41  satisfies the requirements for an original certificate.

72-42     4.  An order that imposes discipline and the findings of fact

72-43  and conclusions of law supporting that order are public records.

 

73-1      Sec. 140.  Chapter 645E of NRS is hereby amended by adding

73-2  thereto a new section to read as follows:

73-3      1.  Except as otherwise provided in this section, a complaint

73-4  filed with the Commissioner, all documents and other information

73-5  filed with the complaint and all documents and other information

73-6  compiled as a result of an investigation conducted to determine

73-7  whether to initiate disciplinary action are confidential.

73-8      2.  The complaint or other document filed by the

73-9  Commissioner to initiate disciplinary action and all documents

73-10  and information considered by the Commissioner when

73-11  determining whether to impose discipline are public records.

73-12     Sec. 141.  NRS 645E.310 is hereby amended to read as

73-13  follows:

73-14     645E.310  1.  In the conduct of any examination, periodic or

73-15  special audit, investigation or hearing, the Commissioner may:

73-16     (a) Compel the attendance of any person by subpoena.

73-17     (b) Administer oaths.

73-18     (c) Examine any person under oath concerning the business and

73-19  conduct of affairs of any person subject to the provisions of this

73-20  chapter and , in connection therewith , require the production of any

73-21  books, records or papers relevant to the inquiry.

73-22     2.  Any person subpoenaed under the provisions of this section

73-23  who willfully refuses or willfully neglects to appear at the time and

73-24  place named in the subpoena or to produce books, records or papers

73-25  required by the Commissioner, or who refuses to be sworn or

73-26  answer as a witness, is guilty of a misdemeanor.

73-27     3.  [The] In addition to the authority to recover attorney’s fees

73-28  and costs pursuant to any other statute, the Commissioner may

73-29  assess against and collect from a person all costs, including, without

73-30  limitation, reasonable attorney’s fees, that are attributable to any

73-31  examination, periodic or special audit, investigation or hearing that

73-32  is conducted to examine or investigate the conduct, activities or

73-33  business of the person pursuant to this chapter.

73-34     Sec. 142.  NRS 645E.670 is hereby amended to read as

73-35  follows:

73-36     645E.670  1.  For each violation committed by an applicant,

73-37  whether or not he is issued a license, the Commissioner may impose

73-38  upon the applicant an administrative fine of not more than $10,000,

73-39  if the applicant:

73-40     (a) Has knowingly made or caused to be made to the

73-41  Commissioner any false representation of material fact;

73-42     (b) Has suppressed or withheld from the Commissioner any

73-43  information which the applicant possesses and which, if submitted

73-44  by him, would have rendered the applicant ineligible to be licensed

73-45  pursuant to the provisions of this chapter; or

74-1      (c) Has violated any provision of this chapter, a regulation

74-2  adopted pursuant to this chapter or an order of the Commissioner in

74-3  completing and filing his application for a license or during the

74-4  course of the investigation of his application for a license.

74-5      2.  For each violation committed by a licensee, the

74-6  Commissioner may impose upon the licensee an administrative fine

74-7  of not more than $10,000, may suspend, revoke or place conditions

74-8  upon his license, or may do both, if the licensee, whether or not

74-9  acting as such:

74-10     (a) Is insolvent;

74-11     (b) Is grossly negligent or incompetent in performing any act for

74-12  which he is required to be licensed pursuant to the provisions of this

74-13  chapter;

74-14     (c) Does not conduct his business in accordance with law or has

74-15  violated any provision of this chapter, a regulation adopted pursuant

74-16  to this chapter or an order of the Commissioner;

74-17     (d) Is in such financial condition that he cannot continue in

74-18  business with safety to his customers;

74-19     (e) Has made a material misrepresentation in connection with

74-20  any transaction governed by this chapter;

74-21     (f) Has suppressed or withheld from a client any material facts,

74-22  data or other information relating to any transaction governed by the

74-23  provisions of this chapter which the licensee knew or, by the

74-24  exercise of reasonable diligence, should have known;

74-25     (g) Has knowingly made or caused to be made to the

74-26  Commissioner any false representation of material fact or has

74-27  suppressed or withheld from the Commissioner any information

74-28  which the licensee possesses and which, if submitted by him, would

74-29  have rendered the licensee ineligible to be licensed pursuant to the

74-30  provisions of this chapter;

74-31     (h) Has failed to account to persons interested for all money

74-32  received for a trust account;

74-33     (i) Has refused to permit an examination by the Commissioner

74-34  of his books and affairs or has refused or failed, within a reasonable

74-35  time, to furnish any information or make any report that may be

74-36  required by the Commissioner pursuant to the provisions of this

74-37  chapter or a regulation adopted pursuant to this chapter;

74-38     (j) Has been convicted of, or entered a plea of nolo contendere

74-39  to, a felony or any crime involving fraud, misrepresentation or

74-40  moral turpitude;

74-41     (k) Has refused or failed to pay, within a reasonable time, any

74-42  fees, assessments, costs or expenses that the licensee is required to

74-43  pay pursuant to this chapter or a regulation adopted pursuant to this

74-44  chapter;

75-1      (l) Has failed to satisfy a claim made by a client which has been

75-2  reduced to judgment;

75-3      (m) Has failed to account for or to remit any money of a client

75-4  within a reasonable time after a request for an accounting or

75-5  remittal;

75-6      (n) Has commingled the money or other property of a client

75-7  with his own or has converted the money or property of others to his

75-8  own use; or

75-9      (o) Has engaged in any other conduct constituting a deceitful,

75-10  fraudulent or dishonest business practice.

75-11     3.  An order that imposes discipline and the findings of fact

75-12  and conclusions of law supporting that order are public records.

75-13     Sec. 143.  NRS 648.034 is hereby amended to read as follows:

75-14     648.034  1.  [Any] Except as otherwise provided in this

75-15  section, any records or information obtained during the course of an

75-16  investigation of a licensee by the Board and any record of the

75-17  investigation are confidential . [until the investigation is completed.

75-18  Upon completion of the investigation the information and records

75-19  are public records, only if:

75-20     (a) Disciplinary action is imposed by the Board as a result of the

75-21  investigation; or

75-22     (b) The person regarding whom the investigation was made

75-23  submits a written request to the Board asking that the information

75-24  and records be made public records.]

75-25     2.  The complaint or other document filed by the Board to

75-26  initiate disciplinary action and all documents and information

75-27  considered by the Board when determining whether to impose

75-28  discipline are public records.

75-29     3.  This section does not prevent or prohibit the Board from

75-30  communicating or cooperating with another licensing board or any

75-31  agency that is investigating a licensee, including a law enforcement

75-32  agency.

75-33     Sec. 144.  NRS 648.175 is hereby amended to read as follows:

75-34     648.175  1.  If, after a hearing, the Board finds that cause

75-35  exists, the Board may:

75-36     [1.] (a) Revoke the license of the licensee.

75-37     [2.] (b) Suspend the license of the licensee for not more than 1

75-38  year for each violation.

75-39     [3.] (c) Fine the licensee not more than $5,000 for each

75-40  violation.

75-41     [4.] (d) Suspend an order authorized by this section upon such

75-42  terms and conditions as the Board considers appropriate.

75-43     [5.] (e) Place the licensee on probation for not more than 2

75-44  years upon such terms and conditions as the Board considers

75-45  appropriate.

76-1      [6.  Publicly or privately]

76-2      (f) Publicly reprimand the licensee.

76-3      [7.] (g) Affirm, modify or vacate the penalty imposed by a

76-4  notice of violation.

76-5      [8.  Require the licensee to pay all costs incurred by the Board

76-6  relating to the discipline of the licensee.]

76-7      2.  An order that imposes discipline and the findings of fact

76-8  and conclusions of law supporting that order are public records.

76-9      Sec. 145.  Chapter 649 of NRS is hereby amended by adding

76-10  thereto a new section to read as follows:

76-11     1.  Except as otherwise provided in this section, a complaint

76-12  filed with the Commissioner, all documents and other information

76-13  filed with the complaint and all documents and other information

76-14  compiled as a result of an investigation conducted to determine

76-15  whether to initiate disciplinary action are confidential.

76-16     2.  The complaint or other document filed by the

76-17  Commissioner to initiate disciplinary action and all documents

76-18  and information considered by the Commissioner when

76-19  determining whether to impose discipline are public records.

76-20     Sec. 146.  NRS 649.395 is hereby amended to read as follows:

76-21     649.395  1.  The Commissioner may impose an administrative

76-22  fine, not to exceed $500 for each violation, or suspend or revoke the

76-23  license of a collection agency, or both impose a fine and suspend or

76-24  revoke the license, by an order made in writing and filed in his

76-25  office and served on the licensee by registered or certified mail at

76-26  the address shown in the records of the Commissioner, if:

76-27     (a) The licensee is adjudged liable in any court of law for breach

76-28  of any bond given under the provisions of this chapter; or

76-29     (b) After notice and hearing, the licensee is found guilty of:

76-30         (1) Fraud or misrepresentation;

76-31         (2) An act or omission inconsistent with the faithful

76-32  discharge of his duties and obligations; or

76-33         (3) A violation of any provision of this chapter.

76-34     2.  The Commissioner may suspend or revoke the license of a

76-35  collection agency without notice and hearing if:

76-36     (a) The suspension or revocation is necessary for the immediate

76-37  protection of the public; and

76-38     (b) The licensee is afforded a hearing to contest the suspension

76-39  or revocation within 20 days after the written order of suspension or

76-40  revocation is served upon the licensee.

76-41     3.  Upon revocation of his license, all rights of the licensee

76-42  under this chapter terminate, and no application may be received

76-43  from any person whose license has once been revoked.

76-44     4.  An order that imposes discipline and the findings of fact

76-45  and conclusions of law supporting that order are public records.

77-1      Sec. 147.  Chapter 652 of NRS is hereby amended by adding

77-2  thereto a new section to read as follows:

77-3      1.  Except as otherwise provided in this section, a complaint

77-4  filed with the Board, all documents and other information filed

77-5  with the complaint and all documents and other information

77-6  compiled as a result of an investigation conducted to determine

77-7  whether to initiate disciplinary action are confidential.

77-8      2.  The complaint or other document filed by the Board to

77-9  initiate disciplinary action and all documents and information

77-10  considered by the Board when determining whether to impose

77-11  discipline are public records.

77-12     3.  An order that imposes discipline and the findings of fact

77-13  and conclusions of law supporting that order are public records.

77-14     Sec. 148.  Chapter 654 of NRS is hereby amended by adding

77-15  thereto a new section to read as follows:

77-16     1.  Except as otherwise provided in this section, a complaint

77-17  filed with the Board, all documents and other information filed

77-18  with the complaint and all documents and other information

77-19  compiled as a result of an investigation conducted to determine

77-20  whether to initiate disciplinary action are confidential.

77-21     2.  The complaint or other document filed by the Board to

77-22  initiate disciplinary action and all documents and information

77-23  considered by the Board when determining whether to impose

77-24  discipline are public records.

77-25     Sec. 149.  NRS 654.110 is hereby amended to read as follows:

77-26     654.110  1.  The Board shall:

77-27     (a) Develop, impose and enforce standards which must be met

77-28  by persons to receive licenses as nursing facility administrators or

77-29  administrators of residential facilities for groups. The standards

77-30  must be designed to ensure that nursing facility administrators or

77-31  persons acting as administrators of residential facilities for groups

77-32  will be persons who are of good character and otherwise suitable,

77-33  and who, by training or experience in their respective fields of

77-34  administering health care facilities, are qualified to serve as nursing

77-35  facility administrators or administrators of residential facilities for

77-36  groups.

77-37     (b) Develop and apply appropriate techniques, including

77-38  examinations and investigations, for determining whether a person

77-39  meets those standards.

77-40     (c) Issue licenses to persons determined, after the application of

77-41  appropriate techniques, to meet those standards.

77-42     (d) Revoke or suspend licenses previously issued by the Board

77-43  in any case if the person holding the license is determined

77-44  substantially to have failed to conform to the requirements of the

77-45  standards.

78-1      (e) Establish and carry out procedures designed to ensure that

78-2  persons licensed as nursing facility administrators or administrators

78-3  of residential facilities for groups will, during any period they serve

78-4  as such, comply with the requirements of the standards.

78-5      (f) Receive, investigate and take appropriate action with respect

78-6  to any charge or complaint filed with the Board to the effect that any

78-7  person licensed as a nursing facility administrator or an

78-8  administrator of a residential facility for groups has failed to comply

78-9  with the requirements of the standards. The Board shall initiate an

78-10  investigation of any charge or complaint filed with the Board within

78-11  30 days after receiving the charge or complaint.

78-12     (g) Conduct a continuing study of:

78-13         (1) Facilities for skilled nursing, facilities for intermediate

78-14  care and their administrators; and

78-15         (2) Residential facilities for groups and their

78-16  administrators,

78-17  with a view to the improvement of the standards imposed for the

78-18  licensing of administrators and of procedures and methods for the

78-19  enforcement of the standards.

78-20     (h) Conduct or approve, or both, a program of training and

78-21  instruction designed to enable all persons to obtain the qualifications

78-22  necessary to meet the standards set by the Board for qualification as

78-23  a nursing facility administrator or an administrator of a residential

78-24  facility for groups.

78-25     2.  All the records kept by the Board, not otherwise privileged

78-26  [,] or confidential, are public records.

78-27     Sec. 150.  NRS 654.190 is hereby amended to read as follows:

78-28     654.190  1.  The Board may, after notice and hearing, impose

78-29  an administrative fine of not more than $2,500 on and suspend or

78-30  revoke the license of any nursing facility administrator or

78-31  administrator of a residential facility for groups who:

78-32     (a) Is convicted of a felony, or of any offense involving moral

78-33  turpitude.

78-34     (b) Has obtained his license by the use of fraud or deceit.

78-35     (c) Violates any of the provisions of this chapter.

78-36     (d) Aids or abets any person in the violation of any of the

78-37  provisions of NRS 449.001 to 449.240, inclusive, as those

78-38  provisions pertain to a facility for skilled nursing, facility for

78-39  intermediate care or residential facility for groups.

78-40     (e) Violates any regulation of the Board prescribing additional

78-41  standards of conduct for nursing facility administrators or

78-42  administrators of residential facilities for groups.

78-43     2.  The Board shall give a licensee against whom proceedings

78-44  are brought pursuant to this section written notice of a hearing not

78-45  less than 10 days before the date of the hearing.

79-1      3.  [If discipline is imposed pursuant to this section, the costs of

79-2  the proceeding, including investigative costs and attorney’s fees,

79-3  may be recovered by the Board.] An order that imposes discipline

79-4  and the findings of fact and conclusions of law supporting that

79-5  order are public records.

79-6      Sec. 151.  Chapter 656 of NRS is hereby amended by adding

79-7  thereto a new section to read as follows:

79-8      1.  Except as otherwise provided in this section, a complaint

79-9  filed with the Board, all documents and other information filed

79-10  with the complaint and all documents and other information

79-11  compiled as a result of an investigation conducted to determine

79-12  whether to initiate disciplinary action are confidential.

79-13     2.  The complaint or other document filed by the Board to

79-14  initiate disciplinary action and all documents and information

79-15  considered by the Board when determining whether to impose

79-16  discipline are public records.

79-17     3.  An order that imposes discipline and the findings of fact

79-18  and conclusions of law supporting that order are public records.

79-19     Sec. 152.  NRS 7.085 is hereby amended to read as follows:

79-20     7.085  1.  If a court finds that an attorney has:

79-21     [1.] (a) Filed, maintained or defended a civil action or

79-22  proceeding in any court in this state and such action or defense is

79-23  not well-grounded in fact or is not warranted by existing law or by

79-24  an argument for changing the existing law that is made in good

79-25  faith; or

79-26     [2.] (b) Unreasonably and vexatiously extended a civil action or

79-27  proceeding before any court in this state,

79-28  the court shall require the attorney personally to pay the additional

79-29  costs, expenses and attorney’s fees reasonably incurred because of

79-30  such conduct.

79-31     2.  The court shall liberally construe the provisions of this

79-32  section in favor of awarding costs, expenses and attorney’s fees in

79-33  all appropriate situations. It is the intent of the Legislature that the

79-34  court award costs, expenses and attorney’s fees pursuant to this

79-35  section and impose sanctions pursuant to Rule 11 of the Nevada

79-36  Rules of Civil Procedure in all appropriate situations to punish for

79-37  and deter frivolous or vexatious claims and defenses because such

79-38  claims and defenses overburden limited judicial resources, hinder

79-39  the timely resolution of meritorious claims and increase the costs

79-40  of engaging in business and providing professional services to the

79-41  public.

79-42     Sec. 153.  NRS 18.010 is hereby amended to read as follows:

79-43     18.010  1.  The compensation of an attorney and counselor for

79-44  his services is governed by agreement, express or implied, which is

79-45  not restrained by law.

80-1      2.  In addition to the cases where an allowance is authorized by

80-2  specific statute, the court may make an allowance of attorney’s fees

80-3  to a prevailing party:

80-4      (a) When he has not recovered more than $20,000; or

80-5      (b) Without regard to the recovery sought, when the court finds

80-6  that the claim, counterclaim, cross-claim or third-party complaint or

80-7  defense of the opposing party was brought or maintained without

80-8  reasonable ground or to harass the prevailing party. The court shall

80-9  liberally construe the provisions of this paragraph in favor of

80-10  awarding attorney’s fees in all appropriate situations. It is the

80-11  intent of the Legislature that the court award attorney’s fees

80-12  pursuant to this paragraph and impose sanctions pursuant to Rule

80-13  11 of the Nevada Rules of Civil Procedure in all appropriate

80-14  situations to punish for and deter frivolous or vexatious claims

80-15  and defenses because such claims and defenses overburden

80-16  limited judicial resources, hinder the timely resolution of

80-17  meritorious claims and increase the costs of engaging in business

80-18  and providing professional services to the public.

80-19     3.  In awarding attorney’s fees, the court may pronounce its

80-20  decision on the fees at the conclusion of the trial or special

80-21  proceeding without written motion and with or without presentation

80-22  of additional evidence.

80-23     4.  Subsections 2 and 3 do not apply to any action arising out of

80-24  a written instrument or agreement which entitles the prevailing party

80-25  to an award of reasonable attorney’s fees.

80-26     Sec. 154.  NRS 41A.081 is hereby amended to read as follows:

80-27     41A.081  1.  In an action for medical malpractice or dental

80-28  malpractice, all the parties to the action, the insurers of the

80-29  respective parties and the attorneys of the respective parties shall

80-30  attend and participate in a settlement conference before a district

80-31  judge, other than the judge assigned to the action, to ascertain

80-32  whether the action may be settled by the parties before trial.

80-33     2.  The judge before whom the settlement conference is held:

80-34     (a) May, for good cause shown, waive the attendance of any

80-35  party.

80-36     (b) Shall decide what information the parties may submit at the

80-37  settlement conference.

80-38     3.  The judge shall notify the parties of the time and place of the

80-39  settlement conference.

80-40     4.  The failure of any party, his insurer or his attorney to

80-41  participate in good faith in the settlement conference is grounds for

80-42  sanctions , including, without limitation, monetary sanctions,

80-43  against the party or his attorney, or both. The judges of the district

80-44  courts shall liberally construe the provisions of this subsection in

80-45  favor of imposing sanctions in all appropriate situations. It is the

81-1  intent of the Legislature that the judges of the district courts

81-2  impose sanctions pursuant to this subsection in all appropriate

81-3  situations to punish for and deter conduct which is not undertaken

81-4  in good faith because such conduct overburdens limited judicial

81-5  resources, hinders the timely resolution of meritorious claims and

81-6  increases the costs of engaging in business and providing

81-7  professional services to the public.

81-8      Sec. 155. NRS 686B.070 is hereby amended to read as

81-9  follows:

81-10     686B.070  1.  Every authorized insurer and every rate service

81-11  organization licensed under NRS 686B.130 which has been

81-12  designated by any insurer for the filing of rates under subsection 2

81-13  of NRS 686B.090 shall file with the Commissioner all:

81-14     [1.] (a) Rates and proposed increases thereto;

81-15     [2.] (b) Forms of policies to which the rates apply;

81-16     [3.] (c) Supplementary rate information; and

81-17     [4.] (d) Changes and amendments thereof,

81-18  made by it for use in this state.

81-19     2.  Except as otherwise provided in this section and NRS

81-20  686B.110, if a proposed increase or decrease in the rate of any

81-21  kind or line of insurance does not change by more than 7 percent

81-22  the total average premium required to be paid by persons insured

81-23  by the insurer for that particular line or kind of insurance during

81-24  the 12 months immediately preceding the proposed increase or

81-25  decrease, the insurer shall file the information required by

81-26  subsection 1 and the supporting data required to be filed pursuant

81-27  to NRS 686B.100 on or before the date on which the changes are

81-28  to become effective. The provisions of this subsection do not apply

81-29  if the Commissioner has determined that the market is not

81-30  competitive or if the Commissioner has made any of the other

81-31  determinations described in subsection 1 of NRS 686B.110.

81-32     3.  In a competitive market, if the Commissioner determines

81-33  that the rates of an insurer require closer supervision by the

81-34  Commissioner because of the financial condition of the insurer or

81-35  because the insurer has engaged in rating practices which are

81-36  unfairly discriminatory, the Commissioner may require the

81-37  insurer to file the information required by subsection 1 and the

81-38  supporting data required to be filed pursuant to NRS 686B.100 at

81-39  least 60 days before the rates become effective or may subject the

81-40  rates to review pursuant to NRS 686B.110.

81-41     4.  The Commissioner shall review filings made pursuant to

81-42  this section as soon as practicable to:

81-43     (a) Ensure the sufficiency of the financial condition of the

81-44  insurer; and

82-1      (b) Determine whether the insurer has engaged in rating

82-2  practices which are unfairly discriminatory.

82-3      5.  Rates for title insurance and individual health insurance

82-4  must be approved by the Commissioner pursuant to NRS 686B.110

82-5  before the insurer may use the rates.

82-6      Sec. 156.  NRS 686B.110 is hereby amended to read as

82-7  follows:

82-8      686B.110  1.  [The] If the Commissioner has determined

82-9  that:

82-10     (a) The market is not competitive;

82-11     (b) Pursuant to NRS 686B.180, essential insurance coverage is

82-12  not readily available in a voluntary market;

82-13     (c) Pursuant to NRS 686B.070, the rates of the insurer require

82-14  closer supervision and that the rates are subject to review pursuant

82-15  to this section;

82-16     (d) A proposed increase or decrease in the rate of any kind or

82-17  line of insurance changes by more than 7 percent the total average

82-18  premium required to be paid by persons insured by the insurer for

82-19  that particular line or kind of insurance during the 12 months

82-20  immediately preceding the proposed increase or decrease; or

82-21     (e) The rate is for title insurance or individual health

82-22  insurance,

82-23  the Commissioner shall consider each proposed increase or decrease

82-24  in the rate of any kind or line of insurance or subdivision thereof

82-25  filed with him pursuant to NRS 686B.070. If the Commissioner

82-26  finds that a proposed increase will result in a rate which is not in

82-27  compliance with NRS 686B.050, he shall disapprove the proposal.

82-28  The Commissioner shall approve or disapprove each proposal [no]

82-29  not later than 60 days after it is determined by him to be complete

82-30  pursuant to subsection 4. If the Commissioner fails to approve or

82-31  disapprove the proposal within that period, the proposal shall be

82-32  deemed approved.

82-33     2.  Whenever an insurer has no legally effective rates as a result

82-34  of the Commissioner’s disapproval of rates or other act, the

82-35  Commissioner shall , on request , specify interim rates for the

82-36  insurer that are high enough to protect the interests of all parties and

82-37  may order that a specified portion of the premiums be placed in an

82-38  escrow account approved by him. When new rates become legally

82-39  effective, the Commissioner shall order the escrowed [funds] money

82-40  or any overcharge in the interim rates to be distributed

82-41  appropriately, except that refunds to policyholders that are de

82-42  minimis must not be required.

82-43     3.  If the Commissioner disapproves a proposed rate and an

82-44  insurer requests a hearing to determine the validity of his action, the

82-45  insurer has the burden of showing compliance with the applicable

83-1  standards for rates established in NRS 686B.010 to 686B.1799,

83-2  inclusive. Any such hearing must be held:

83-3      (a) Within 30 days after the request for a hearing has been

83-4  submitted to the Commissioner; or

83-5      (b) Within a period agreed upon by the insurer and the

83-6  Commissioner.

83-7  If the hearing is not held within the period specified in paragraph (a)

83-8  or (b), or if the Commissioner fails to issue an order concerning the

83-9  proposed rate for which the hearing is held within 45 days after the

83-10  hearing, the proposed rate shall be deemed approved.

83-11     4.  The Commissioner shall by regulation specify the

83-12  documents or any other information which must be included in a

83-13  proposal to increase or decrease a rate submitted to him pursuant to

83-14  [subsection 1.] NRS 686B.070. Each such proposal shall be deemed

83-15  complete upon its filing with the Commissioner, unless the

83-16  Commissioner, within 15 business days after the proposal is filed

83-17  with him, determines that the proposal is incomplete because the

83-18  proposal does not comply with the regulations adopted by him

83-19  pursuant to this subsection.

83-20     5.  If the Commissioner finds that a rate no longer meets the

83-21  requirements of this chapter, the Commissioner may order the

83-22  discontinuance of the rate. An order for the discontinuance of a

83-23  rate may be issued only after a hearing with at least 10 days’

83-24  notice for all insurers and rate organizations that would be

83-25  affected by such an order. The order must be in writing and

83-26  include, without limitation:

83-27     (a) The grounds pursuant to which the order was issued;

83-28     (b) The date on which the order to discontinue the rate

83-29  becomes effective; and

83-30     (c) The date, within a reasonable time after the date on which

83-31  the order becomes effective, on which the order will expire.

83-32  An order for the discontinuance of a rate does not affect any

83-33  contract or policy made or issued before the date on which the

83-34  order becomes effective.

83-35     Sec. 157.  Chapter 690B of NRS is hereby amended by adding

83-36  thereto the provisions set forth as sections 158 to 175, inclusive, of

83-37  this act.

83-38     Sec. 158.  As used in sections 158 to 165, inclusive, of this

83-39  act, unless the context otherwise requires, the words and terms

83-40  defined in sections 159 to 162, inclusive, of this act have the

83-41  meanings ascribed to them in those sections.

83-42     Sec. 159.  “Claims-made policy” means a policy of

83-43  professional liability insurance that provides coverage only for

83-44  claims that arise from incidents or events which occur while the

84-1  policy is in force and which are reported to the insurer while the

84-2  policy is in force.

84-3      Sec. 160.  “Extended reporting endorsement” means an

84-4  endorsement to a claims-made policy which requires the payment

84-5  of a separate premium and which provides coverage for claims

84-6  that arise from incidents or events which occur while the claims-

84-7  made policy is in force but which are reported to the insurer after

84-8  the claims-made policy is terminated.

84-9      Sec. 161. “Practitioner” means a practitioner who provides

84-10  health care.

84-11     Sec. 162. “Professional liability insurance” means a policy

84-12  of insurance covering the liability of a practitioner for a breach of

84-13  his professional duty toward a patient.

84-14     Sec. 163.  1.  If an insurer offers to issue a claims-made

84-15  policy to a practitioner licensed pursuant to chapters 630 to 640,

84-16  inclusive, of NRS, the insurer shall:

84-17     (a) Offer to issue to the practitioner an extended reporting

84-18  endorsement without a time limitation for reporting a claim.

84-19     (b) Disclose to the practitioner the premium for the extended

84-20  reporting endorsement and the cost formula that the insurer uses

84-21  to determine the premium for the extended reporting endorsement.

84-22     (c) Disclose to the practitioner the portion of the premium

84-23  attributable to funding the extended reporting endorsement

84-24  offered at no additional cost to the practitioner in the event of the

84-25  practitioner’s death, disability or retirement, if such a benefit is

84-26  offered.

84-27     (d) Disclose to the practitioner the vesting requirements for the

84-28  extended reporting endorsement offered at no additional cost to

84-29  the practitioner in the event of the practitioner’s death or

84-30  retirement, if such a benefit is offered. If such a benefit is not

84-31  offered, the absence of such a benefit must be disclosed.

84-32     (e) Include, as part of the insurance contract, language which

84-33  must be approved by the Commissioner and which must be

84-34  substantially similar to the following:

 

84-35  If we adopt any revision that would broaden the

84-36  coverage under this policy without any additional

84-37  premium either within the policy period or within 60

84-38  days before the policy period, the broadened coverage

84-39  will immediately apply to this policy.

 

84-40     2.  The disclosures required by subsection 1 must be made as

84-41  part of the offer and acceptance at the inception of the policy and

84-42  again at each renewal in the form of an endorsement attached to

84-43  the insurance contract and approved by the Commissioner.

85-1      Sec. 164. 1.  In each rating plan of an insurer that issues a

85-2  policy of professional liability insurance to a practitioner licensed

85-3  pursuant to chapter 630 or 633 of NRS, the insurer shall provide

85-4  for a reduction in the premium for the policy if the practitioner

85-5  implements a qualified risk management system. The amount of

85-6  the reduction in the premium must be determined by the

85-7  Commissioner in accordance with the applicable standards for

85-8  rates established in NRS 686B.010 to 686B.1799, inclusive.

85-9      2.  A qualified risk management system must comply with all

85-10  requirements established by the Commissioner.

85-11     3.  The Commissioner shall adopt regulations to:

85-12     (a) Establish the requirements for a qualified risk

85-13  management system; and

85-14     (b) Carry out the provisions of this section.

85-15     4.  The provisions of this section apply to all rating plans

85-16  which an insurer that issues a policy of professional liability

85-17  insurance to a practitioner licensed pursuant to chapter 630 or

85-18  633 of NRS files with the Commissioner on and after the effective

85-19  date of the regulations adopted by the Commissioner pursuant to

85-20  this section.

85-21     Sec. 165. 1.  On an annual basis, the Commissioner shall,

85-22  pursuant to subsection 1 of NRS 680A.290, request each insurer

85-23  that issues a policy of professional liability insurance to a

85-24  practitioner licensed pursuant to chapter 630 or 633 of NRS to

85-25  submit to the Commissioner an annual report on its loss

85-26  prevention and control programs.

85-27     2.  Not later than 90 days after the Commissioner receives the

85-28  annual reports from those insurers, the Commissioner shall

85-29  submit his report on the loss prevention and control programs of

85-30  those insurers, along with any recommendations, to the Director

85-31  of the Legislative Counsel Bureau for transmittal to members of

85-32  the Legislature.

85-33     Sec. 166. For the purposes of sections 166 to 175, inclusive,

85-34  of this act, the Legislature hereby finds and declares that:

85-35     1.  A major health care crisis exists in this state because the

85-36  skyrocketing cost of professional liability insurance for physicians

85-37  has resulted in a potential breakdown in the delivery of health

85-38  care in this state, a denial of access to health care for the

85-39  economically marginal and the depletion of physicians to such a

85-40  degree as to substantially worsen the quality of health care

85-41  available to the residents of this state; and

85-42     2.  There is an urgent and critical need to provide adequate,

85-43  reasonable and immediate financial assistance to physicians who

85-44  are unable to afford the skyrocketing cost of professional liability

86-1  insurance as an essential remedy to address the current health

86-2  care crisis and to protect the public health, safety and welfare.

86-3      Sec. 167.  As used in sections 166 to 175, inclusive, of this

86-4  act, unless the context otherwise requires, the words and terms

86-5  defined in sections 168 to 171, inclusive, of this act have the

86-6  meanings ascribed to them in those sections.

86-7      Sec. 168.  “Physician” means a physician licensed pursuant

86-8  to chapter 630 or 633 of NRS.

86-9      Sec. 169. “Professional liability insurance” means a policy

86-10  of insurance covering the liability of a physician for a breach of

86-11  his professional duty toward a patient.

86-12     Sec. 170.  “Subsidy” means money paid by the Commissioner

86-13  from the Subsidy Fund.

86-14     Sec. 171.  “Subsidy Fund” means the Critically Impacted

86-15  Medical Specialties Subsidy Fund created by section 172 of this

86-16  act.

86-17     Sec. 172.  1.  The Critically Impacted Medical Specialties

86-18  Subsidy Fund is hereby created in the State Treasury as a special

86-19  revenue fund. The Commissioner shall administer the Subsidy

86-20  Fund.

86-21     2.  Money for the Subsidy Fund must be provided by direct

86-22  legislative appropriation from the State General Fund. The money

86-23  must be used to provide subsidies to pay or defray the cost of

86-24  professional liability insurance for physicians who are practicing

86-25  in specific branches of medicine or osteopathic medicine that have

86-26  been critically impacted by the cost of professional liability

86-27  insurance in this state.

86-28     Sec. 173.  1.  If a physician wants to receive a subsidy from

86-29  the Subsidy Fund to pay or defray the cost of professional liability

86-30  insurance, the physician must file with the Commissioner an

86-31  application for a subsidy.

86-32     2.  An application for a subsidy must include:

86-33     (a) Information establishing the gross revenue that the

86-34  physician derives from practicing medicine or osteopathic

86-35  medicine in this state and elsewhere;

86-36     (b) Information establishing the amount of the premiums that

86-37  the physician pays for professional liability insurance;

86-38     (c) Information establishing each specific branch of medicine

86-39  or osteopathic medicine in which the physician practices; and

86-40     (d) Any other information requested by the Commissioner.

86-41     Sec. 174.  1.  A physician is eligible to receive a subsidy from

86-42  the Subsidy Fund if:

86-43     (a) Of the gross revenue that the physician derives from

86-44  practicing medicine or osteopathic medicine in this state and

86-45  elsewhere, a majority of that gross revenue is derived in this state;

87-1      (b) The physician practices medicine or osteopathic medicine

87-2  in this state predominately in a specific branch of medicine or

87-3  osteopathic medicine that has been critically impacted by the cost

87-4  of professional liability insurance in this state;

87-5      (c) The amount of the premiums paid by the physician for

87-6  professional liability insurance exceeds 15 percent of the gross

87-7  revenue that the physician derives from practicing medicine or

87-8  osteopathic medicine in this state and elsewhere;

87-9      (d) The physician has not received a subsidy from the Subsidy

87-10  Fund during the previous 12 months;

87-11     (e) The physician has never, in this state or elsewhere, had a

87-12  judgment entered against him by a court or any disciplinary action

87-13  taken against him by a regulatory body for a breach of his

87-14  professional duty toward a patient; and

87-15     (f) The physician is not presently subject, in this state or

87-16  elsewhere, to any pending proceedings in a court or regulatory

87-17  body alleging a breach of his professional duty toward a patient.

87-18     2.  If the Commissioner determines that a physician is eligible

87-19  for a subsidy, the Commissioner may, within the limits of

87-20  legislative appropriation, pay to the physician a subsidy to be used

87-21  by the physician to pay or defray the cost of his professional

87-22  liability insurance. The amount of the subsidy must equal the

87-23  amount that is necessary to reduce the cost of the physician’s

87-24  professional liability insurance to 15 percent of the gross revenue

87-25  that the physician derives from practicing medicine or osteopathic

87-26  medicine in this state and elsewhere, provided that the amount of

87-27  the subsidy must not exceed $30,000 for any period of 12 months.

87-28     3.  When the Commissioner renders a decision regarding the

87-29  eligibility of a physician for a subsidy, the amount of a subsidy or

87-30  any other issue relating to a subsidy, the decision of the

87-31  Commissioner is final and binding on the physician and is not

87-32  subject to judicial review.

87-33     4.  If a physician is receiving assistance to pay the cost of his

87-34  professional liability insurance from sources other than the

87-35  Subsidy Fund, the Commissioner shall deduct the amount

87-36  received from the other sources from the amount payable to the

87-37  physician from the Subsidy Fund.

87-38     Sec. 175.  The Commissioner shall adopt regulations to carry

87-39  out the provisions of sections 166 to 175, inclusive, of this act,

87-40  including, without limitation, regulations:

87-41     1.  Establishing the manner in which an application for a

87-42  subsidy must be filed with the Commissioner and specifying the

87-43  information that must be filed with the application;

88-1      2.  Identifying the specific branches of medicine or

88-2  osteopathic medicine that have been critically impacted by the cost

88-3  of professional liability insurance in this state; and

88-4      3.  Establishing the manner in which subsidies will be

88-5  distributed so that such subsidies are:

88-6      (a) Distributed fairly and equitably based on the best interests

88-7  of the residents of this state; and

88-8      (b) Distributed in a manner that encourages acceptable

88-9  medical practices and claims experience.

88-10     Sec. 176. NRS 690B.045 is hereby amended to read as

88-11  follows:

88-12     690B.045  Except as more is required in NRS 630.3067 and

88-13  633.526:

88-14     1.  Each insurer which issues a policy of insurance covering the

88-15  liability of a practitioner licensed pursuant to chapters 630 to 640,

88-16  inclusive, of NRS for a breach of his professional duty toward a

88-17  patient shall report to the board which licensed the practitioner

88-18  within [30] 45 days each settlement or award made or judgment

88-19  rendered by reason of a claim, if the settlement, award or judgment

88-20  is for more than $5,000, giving the name and address of the claimant

88-21  and the practitioner and the circumstances of the case.

88-22     2.  A practitioner licensed pursuant to chapters 630 to 640,

88-23  inclusive, of NRS who does not have insurance covering liability for

88-24  a breach of his professional duty toward a patient shall report to the

88-25  board which issued his license within [30] 45 days of each

88-26  settlement or award made or judgment rendered by reason of a

88-27  claim, if the settlement, award or judgment is for more than $5,000,

88-28  giving his name and address, the name and address of the claimant

88-29  and the circumstances of the case.

88-30     3.  These reports are public records and must be made available

88-31  for public inspection within a reasonable time after they are received

88-32  by the licensing board.

88-33     Sec. 177. NRS 690B.050 is hereby amended to read as

88-34  follows:

88-35     690B.050  1.  Each insurer which issues a policy of insurance

88-36  covering the liability of a physician licensed under chapter 630 of

88-37  NRS or an osteopathic physician licensed under chapter 633 of NRS

88-38  for a breach of his professional duty toward a patient shall report to

88-39  the Commissioner within [30] 45 days each settlement or award

88-40  made or judgment rendered by reason of a claim, giving the name

88-41  and address of the claimant and physician and the circumstances of

88-42  the case.

88-43     2.  The Commissioner shall report to the Board of Medical

88-44  Examiners or the state board of osteopathic medicine, as applicable,

89-1  within 30 days after receiving the report of the insurer, each claim

89-2  made and each settlement, award or judgment.

89-3      Sec. 178. 1.  The Commissioner shall conduct a study

89-4  concerning insurers that issue policies of professional liability

89-5  insurance to practitioners who provide health care. The study must

89-6  include, without limitation, investigation and fact-finding

89-7  concerning:

89-8      (a) Current actuarial practices, including, without limitation:

89-9          (1) Bandwidth used in data transmission;

89-10         (2) Credits relating to premiums; and

89-11         (3) Charges imposed for specific medical or dental

89-12  specialties;

89-13     (b) Procedures relating to and factors used for the underwriting

89-14  of losses;

89-15     (c) The adequacy of standards, practices and procedures relating

89-16  to the reserves of insurers; and

89-17     (d) The strategies used to price policies of professional liability

89-18  insurance and other products, including, without limitation, the

89-19  impact of such strategies on the reserves of insurers.

89-20     2.  For the purposes of this section, the Commissioner shall

89-21  appoint an advisory panel within the Division of Insurance of the

89-22  Department of Business and Industry, consisting of:

89-23     (a) An actuary;

89-24     (b) A person with expertise regarding policy-making and

89-25  decision-making within the insurance industry; and

89-26     (c) A person with expertise regarding policies of professional

89-27  liability insurance.

89-28     3.  The advisory panel appointed pursuant to this section shall:

89-29     (a) With regard to the available databases containing actuarial

89-30  information relating to policies of professional liability insurance:

89-31         (1) Review all such databases;

89-32         (2) Investigate the accuracy of such databases, including,

89-33  without limitation, the accuracy of data relating to insurers and to

89-34  specific medical or dental specialties;

89-35         (3) Study the feasibility of combining such databases into

89-36  one database, including, without limitation, the potential accuracy of

89-37  that one combined database; and

89-38         (4) Formulate recommendations for improving the accuracy

89-39  and accessibility of such databases and, if feasible, for combining

89-40  such databases into one database;

89-41     (b) With regard to policies of professional liability insurance:

89-42         (1) Review the forms for such policies and determine

89-43  whether the forms are properly used; and

89-44         (2) Review the adequacy of standards, practices and

89-45  procedures relating to the reserves of insurers;

90-1      (c) Review any other matters as directed by the Commissioner;

90-2  and

90-3      (d) Report all findings, determinations and recommendations

90-4  required by this subsection to the Commissioner, in the manner

90-5  prescribed by the Commissioner.

90-6      4.  The Commissioner shall hold public hearings, at such times

90-7  and places as the Commissioner deems appropriate, to:

90-8      (a) Carry out the study required pursuant to subsection 1;

90-9      (b) Review and consider the report of the advisory panel

90-10  pursuant to subsection 3; and

90-11     (c) Afford the general public and representatives of

90-12  governmental agencies and of organizations interested in insurance

90-13  the opportunity to present relevant information and

90-14  recommendations.

90-15     5.  The Commissioner and the advisory panel may employ any

90-16  consultants and professional and secretarial staff that the

90-17  Commissioner deems necessary to carry out fully the requirements

90-18  of this section.

90-19     6.  The Commissioner shall assess the Board of Medical

90-20  Examiners for costs related to carrying out the requirements of this

90-21  section. The aggregate amount of the costs assessed to the Board of

90-22  Medical Examiners must not exceed $402,000. Within such

90-23  limitations, the Board of Medical Examiners shall pay each claim

90-24  for costs submitted to it by the Commissioner pursuant to this

90-25  section not less than 30 days after such submission.

90-26     7.  Not later than June 1, 2004, the Commissioner shall submit a

90-27  report of his findings and any recommendations for legislation

90-28  pursuant to this section to:

90-29     (a) The Governor; and

90-30     (b) The Director of the Legislative Counsel Bureau for

90-31  distribution to members of the Legislative Commission and, upon

90-32  request, to any other members of the Legislature.

90-33     8.  As used in this section:

90-34     (a) “Commissioner” means the Commissioner of Insurance.

90-35     (b) “Professional liability insurance” means a policy of

90-36  insurance covering the liability of a practitioner who provides health

90-37  care for a breach of his professional duty toward a patient.

90-38     Sec. 179.  NRS 622.010, 623A.295, 630.142, 633.611,

90-39  634.165, 638.154, 639.091 and 656.295 are hereby repealed.

90-40     Sec. 180. 1.  This section and section 178 of this act become

90-41  effective on passage and approval.

90-42     2.  Sections 1 to 177, inclusive, of this act become effective

90-43  upon passage and approval for the purpose of adopting regulations

90-44  and on July 1, 2003, for all other purposes.

90-45     3.  Section 179 of this act becomes effective on July 1, 2003.

91-1      4.  Sections 166 to 175, inclusive, of this act expire by

91-2  limitation on July 1, 2005.

91-3      5.  Section 99 of this act expires by limitation on the date on

91-4  which the provisions of 42 U.S.C., § 666 requiring each state to

91-5  establish procedures under which the state has authority to withhold

91-6  or suspend, or to restrict the use of professional, occupational and

91-7  recreational licenses of persons who:

91-8      (a) Have failed to comply with a subpoena or warrant relating to

91-9  a procedure to determine the paternity of a child or to establish or

91-10  enforce an obligation for the support of a child; or

91-11     (b) Are in arrears in the payment for the support of one or more

91-12  children,

91-13  are repealed by the Congress of the United States.

 

91-14  LEADLINES OF REPEALED SECTIONS

 

91-15     622.010  “Occupational licensing board” defined.

91-16     623A.295  Confidentiality of proceedings.

91-17     630.142  Award of costs and attorney’s fees.

91-18     633.611  Confidentiality of proceedings.

91-19     634.165  Confidentiality of proceedings.

91-20     638.154  Court may award costs and reasonable attorney’s

91-21  fees incurred by Board.

91-22     639.091  Award of costs and attorney’s fees to Board.

91-23     656.295  Disciplinary proceedings: Costs; attorney’s fees.

 

91-24  H