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

                                                  (Reprinted with amendments adopted on May 30, 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; 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 the Board.

14-39     Sec. 30.  1.  The Board may employ hearing officers,

14-40  experts, administrators, attorneys, investigators, consultants and

14-41  clerical personnel necessary to the discharge of its duties.

14-42     2.  Each employee of the Board is an at-will employee who

14-43  serves at the pleasure of the Board. The Board may discharge an

14-44  employee of the Board for any reason that does not violate public

15-1  policy, including, without limitation, making a false representation

15-2  to the Board.

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

15-4  any other capacity for the Board or occupy any other position of

15-5  employment with the Board, and the Board shall not assign the

15-6  hearing officer any duties which are unrelated to the duties of a

15-7  hearing officer.

15-8      4.  If a person resigns his position as a hearing officer or the

15-9  Board terminates the person from his position as a hearing

15-10  officer, the Board may not rehire the person in any position of

15-11  employment with the Board for a period of 2 years following the

15-12  date of the resignation or termination. The provisions of this

15-13  subsection do not give a person any right to be rehired by the

15-14  Board and do not permit the Board to rehire a person who is

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

15-16  other provision of law.

15-17     Sec. 31.  1.  Notwithstanding any other provision of law and

15-18  except as otherwise provided in this section, the Board shall not

15-19  adopt any regulations that prohibit or have the effect of

15-20  prohibiting a physician, physician assistant or practitioner of

15-21  respiratory care from collaborating or consulting with another

15-22  provider of health care.

15-23     2.  The provisions of this section do not prevent the Board

15-24  from adopting regulations that prohibit a physician, physician

15-25  assistant or practitioner of respiratory care from aiding or abetting

15-26  another person in the unlicensed practice of medicine or the

15-27  unlicensed practice of respiratory care.

15-28     3.  As used in this section, “provider of health care” has the

15-29  meaning ascribed to it in NRS 629.031.

15-30     Secs. 32 and 33.  (Deleted by amendment.)

15-31     Sec. 34.  1.  In addition to the other requirements for

15-32  licensure, an applicant for a license to practice medicine shall

15-33  submit to the Board information describing:

15-34     (a) Any claims made against the applicant for malpractice,

15-35  whether or not a civil action was filed concerning the claim;

15-36     (b) Any complaints filed against the applicant with a licensing

15-37  board of another state and any disciplinary action taken against

15-38  the applicant by a licensing board of another state; and

15-39     (c) Any complaints filed against the applicant with a hospital,

15-40  clinic or medical facility or any disciplinary action taken against

15-41  the applicant by a hospital, clinic or medical facility.

15-42     2.  The Board shall not issue a license to the applicant until it

15-43  has received all the information required by this section.

15-44     Sec. 35.  In addition to the other requirements for licensure,

15-45  an applicant for a license to practice medicine shall cause to be

16-1  submitted to the Board a certificate of completion of progressive

16-2  postgraduate training from the residency program where the

16-3  applicant received training.

16-4      Sec. 36.  1.  If the Board has reason to believe that a person

16-5  has violated, is violating or is about to violate any provision of this

16-6  chapter, the Board may issue to the person a letter of warning, a

16-7  letter of concern or a nonpunitive admonishment at any time

16-8  before the Board has initiated any disciplinary proceedings

16-9  against the person.

16-10     2.  The issuance of such a letter or admonishment:

16-11     (a) Does not preclude the Board from initiating any

16-12  disciplinary proceedings against the person or taking any

16-13  disciplinary action against the person based on any conduct

16-14  alleged or described in the letter or admonishment or any other

16-15  conduct; and

16-16     (b) Does not constitute a final decision of the Board and is not

16-17  subject to judicial review.

16-18     Sec. 37.  1.  Each person who holds a license issued

16-19  pursuant to this chapter and who accepts the privilege of

16-20  practicing medicine or respiratory care within this state pursuant

16-21  to the provisions of the license shall be deemed to have given his

16-22  consent to the revocation of the license at any time by the Board in

16-23  accordance with the provisions of this section.

16-24     2.  The Board shall not revoke a license issued pursuant to

16-25  this chapter unless the Board, by a majority vote of its entire

16-26  membership, finds by clear and convincing evidence that the

16-27  licensee committed a material violation of:

16-28     (a) Any provision of NRS 630.161 or 630.301 to 630.3067,

16-29  inclusive; or

16-30     (b) Any condition, restriction or limitation imposed on the

16-31  license.

16-32     Sec. 38.  The expiration of a license by operation of law or by

16-33  order or decision of the Board or a court, or the voluntary

16-34  surrender of a license by a licensee, does not deprive the Board of

16-35  jurisdiction to proceed with any investigation of, or action or

16-36  disciplinary proceeding against, the licensee or to render a

16-37  decision suspending or revoking the license.

16-38     Sec. 39.  1.  A physician shall report to the Board:

16-39     (a) Any action for malpractice against the physician not later

16-40  than 45 days after the physician receives service of a summons

16-41  and complaint for the action;

16-42     (b) Any claim for malpractice against the physician that is

16-43  submitted to arbitration or mediation not later than 45 days after

16-44  the claim is submitted to arbitration or mediation;

17-1      (c) Any settlement, award, judgment or other disposition of

17-2  any action or claim described in paragraph (a) or (b) not later

17-3  than 45 days after the settlement, award, judgment or other

17-4  disposition; and

17-5      (d) Any sanctions imposed against the physician that are

17-6  reportable to the National Practitioner Data Bank not later than

17-7  45 days after the sanctions are imposed.

17-8      2.  If the Board finds that a physician has violated any

17-9  provision of this section, the Board may impose a fine of not more

17-10  than $5,000 against the physician for each violation, in addition to

17-11  any other fines or penalties permitted by law.

17-12     3.  All reports made by a physician pursuant to this section are

17-13  public records.

17-14     Sec. 40.  If the Board receives a report pursuant to the

17-15  provisions of NRS 630.3067, 690B.045, 690B.050 or section 39 of

17-16  this act indicating that a judgment has been rendered or an award

17-17  has been made against a physician regarding an action or claim

17-18  for malpractice or that such an action or claim against the

17-19  physician has been resolved by settlement, the Board shall conduct

17-20  an investigation to determine whether to impose disciplinary

17-21  action against the physician regarding the action or claim, unless

17-22  the Board has already commenced or completed such an

17-23  investigation regarding the action or claim before it receives the

17-24  report.

17-25     Sec. 41.  1.  In addition to any other audits required of the

17-26  Board by law, the Legislative Commission shall issue to the

17-27  Federation of State Medical Boards of the United States, Inc., a

17-28  request for proposal to conduct regular performance audits of the

17-29  Board. After considering the response to the request for proposal,

17-30  if the Legislative Commission finds that the Federation of State

17-31  Medical Boards of the United States, Inc., has the ability to

17-32  conduct fair and impartial performance audits of the Board, the

17-33  Legislative Commission shall engage the services of the

17-34  Federation of State Medical Boards of the United States, Inc., to

17-35  conduct regular performance audits of the Board. If the

17-36  Legislative Commission finds that the Federation of State Medical

17-37  Boards of the United States, Inc., does not have the ability to

17-38  conduct fair and impartial performance audits of the Board or is

17-39  otherwise unable to conduct such performance audits, the

17-40  Legislative Commission shall direct the Audit Division of the

17-41  Legislative Counsel Bureau to conduct regular performance

17-42  audits of the Board.

17-43     2.  The initial performance audit of the Board must be

17-44  commenced before October 1, 2003. After the initial performance

18-1  audit is completed, additional performance audits must be

18-2  conducted:

18-3      (a) Once every 8 years, for the preceding 8-year period; or

18-4      (b) Whenever ordered by the Legislative Commission, for the

18-5  period since the last performance audit was conducted pursuant to

18-6  this section.

18-7      3.  A written report of the results of the initial performance

18-8  audit must be submitted to the Secretary of the Legislative

18-9  Commission not later than 60 days after the date that the initial

18-10  performance audit is commenced. A written report of the results of

18-11  each subsequent performance audit must be submitted to the

18-12  Secretary of the Legislative Commission as soon as practicable

18-13  after the date that the performance audit is commenced.

18-14     4.  Upon receipt of the written report of the results of each

18-15  performance audit, the Secretary of the Legislative Commission

18-16  shall:

18-17     (a) Distribute the report to the members of the Legislative

18-18  Commission and to any other Legislator who requests a copy of

18-19  the report; and

18-20     (b) Not later than 30 days after receipt of the report, make the

18-21  report available to the public.

18-22     5.  The Board shall pay all costs related to each performance

18-23  audit conducted pursuant to this section.

18-24     6.  Any person who conducts a performance audit pursuant to

18-25  this section:

18-26     (a) Is directly responsible to the Legislative Commission;

18-27     (b) Must be sufficiently qualified to conduct the performance

18-28  audit; and

18-29     (c) Must never have conducted an audit of the Board pursuant

18-30  to NRS 218.825 or have been affiliated, in any way, with a person

18-31  who has conducted an audit of the Board pursuant to NRS

18-32  218.825.

18-33     7.  Each performance audit conducted pursuant to this section

18-34  must include, without limitation, a comprehensive review and

18-35  evaluation of:

18-36     (a) The methodology and efficiency of the Board in

18-37  responding to complaints filed by the public against a licensee;

18-38     (b) The methodology and efficiency of the Board in

18-39  responding to complaints filed by a licensee against another

18-40  licensee;

18-41     (c) The methodology and efficiency of the Board in conducting

18-42  investigations of licensees who have had two or more malpractice

18-43  claims filed against them within a period of 12 months;

18-44     (d) The methodology and efficiency of the Board in

18-45  conducting investigations of licensees who have been subject to

19-1  one or more peer review actions at a medical facility that resulted

19-2  in the licensee losing his professional privileges at the medical

19-3  facility for more than 30 days within a period of 12 months;

19-4      (e) The methodology and efficiency of the Board in taking

19-5  preventative steps or progressive actions to remedy or deter any

19-6  unprofessional conduct by a licensee before such conduct results

19-7  in a violation under this chapter that warrants disciplinary action;

19-8  and

19-9      (f) The managerial and administrative efficiency of the Board

19-10  in using the fees that it collects pursuant to this chapter.

19-11     Sec. 42. NRS 630.003 is hereby amended to read as follows:

19-12     630.003  1.  The Legislature finds and declares that [it] :

19-13     (a) It is among the responsibilities of State Government to

19-14  ensure, as far as possible, that only competent persons practice

19-15  medicine and respiratory care within this state [. For this purpose,] ;

19-16     (b) For the protection and benefit of the public, the Legislature

19-17  delegates to the Board of Medical Examiners the power and duty [of

19-18  determining] to determine the initial and continuing competence of

19-19  [doctors of medicine,] physicians, physician assistants and

19-20  practitioners of respiratory care [in this state.] who are subject to

19-21  the provisions of this chapter;

19-22     (c) The Board must exercise its regulatory power to ensure

19-23  that the interests of the medical profession do not outweigh the

19-24  interests of the public;

19-25     (d) The Board must ensure that unfit physicians, physician

19-26  assistants and practitioners of respiratory care are removed from

19-27  the medical profession so that they will not cause harm to the

19-28  public; and

19-29     (e) The Board must encourage and allow for public input into

19-30  its regulatory activities to further improve the quality of medical

19-31  practice within this state.

19-32     2.  The powers conferred upon the Board by this chapter must

19-33  be liberally construed to carry out [this purpose.] these purposes for

19-34  the protection and benefit of the public.

19-35     Sec. 43.  NRS 630.020 is hereby amended to read as follows:

19-36     630.020  “Practice of medicine” means:

19-37     1.  To diagnose, treat, correct, prevent or prescribe for any

19-38  human disease, ailment, injury, infirmity, deformity or other

19-39  condition, physical or mental, by any means or instrumentality.

19-40     2.  To apply principles or techniques of medical science in the

19-41  diagnosis or the prevention of any such conditions.

19-42     3.  To perform any of the acts described in subsections 1 and 2

19-43  by using equipment that transfers information concerning the

19-44  medical condition of the patient electronically, telephonically or by

19-45  fiber optics.

20-1      4.  To offer, undertake, attempt to do or hold oneself out as able

20-2  to do any of the acts described in subsections 1 and 2.

20-3      [5.  To use in connection with a person’s name the words or

20-4  letters “M.D.,” or any other title, word, letter or other designation

20-5  intended to imply or designate him as a practitioner of medicine in

20-6  any of its branches, except in the manner authorized by NRS

20-7  630A.220.]

20-8      Sec. 44.  NRS 630.045 is hereby amended to read as follows:

20-9      630.045  1.  The purpose of licensing physicians, physician

20-10  assistants and practitioners of respiratory care is to protect the public

20-11  health and safety and the general welfare of the people of this state.

20-12     2.  Any license issued pursuant to this chapter is a revocable

20-13  privilege [and no holder of] , but the Board may revoke such a

20-14  license [acquires thereby any vested right.] only in accordance with

20-15  the provisions of section 37 of this act.

20-16     Sec. 45.  NRS 630.060 is hereby amended to read as follows:

20-17     630.060  1.  Six members of the Board must be persons who

20-18  are licensed to practice medicine in this state, are actually engaged

20-19  in the practice of medicine in this state and have resided and

20-20  practiced medicine in this state for at least 5 years preceding their

20-21  respective appointments.

20-22     2.  The remaining members must be persons who have resided

20-23  in this state for at least 5 years and who:

20-24     (a) Are not licensed in any state to practice any healing art;

20-25     (b) Are not actively engaged in the administration of any facility

20-26  for the dependent as defined in chapter 449 of NRS, medical facility

20-27  or medical school; and

20-28     (c) Do not have a pecuniary interest in any matter pertaining to

20-29  the healing arts, except as a patient or potential patient.

20-30     3.  The members of the Board must be selected without regard

20-31  to their individual political beliefs.

20-32     4.  The President of the Board shall conduct a training

20-33  [programs] program to assist new members of the Board in the

20-34  performance of their duties.

20-35     Sec. 46. NRS 630.100 is hereby amended to read as follows:

20-36     630.100  1.  The Board shall meet at least twice annually and

20-37  may meet at other times on the call of the President or a majority of

20-38  its members.

20-39     2.  Meetings of the Board must be held at a location at which

20-40  members of the general public may testify via telephone or video

20-41  conference between Las Vegas and Carson City or Reno.

20-42     3.  A majority of the Board, or of any committee or panel

20-43  appointed by the Board constitutes a quorum. If there is a quorum, a

20-44  vote of the majority of the members present is all that is necessary to

21-1  transact any business before the Board or the committee or panel

21-2  appointed by the Board.

21-3      Sec. 47.  NRS 630.125 is hereby amended to read as follows:

21-4      630.125  The Board may[:

21-5      1.  Maintain] maintain offices in as many localities in the State

21-6  as it finds necessary to carry out the provisions of this chapter.

21-7      [2.  Employ hearing officers, experts, administrators, attorneys,

21-8  investigators, consultants and clerical personnel necessary to the

21-9  discharge of its duties.]

21-10     Sec. 48.  NRS 630.130 is hereby amended to read as follows:

21-11     630.130  1.  In addition to the other powers and duties

21-12  provided in this chapter, the Board shall[:] , in the interest of the

21-13  public, judiciously:

21-14     (a) Enforce the provisions of this chapter;

21-15     (b) Establish by regulation standards for licensure under this

21-16  chapter;

21-17     (c) Conduct examinations for licensure and establish a system of

21-18  scoring for those examinations;

21-19     (d) Investigate the character of each applicant for a license and

21-20  issue licenses to those applicants who meet the qualifications set by

21-21  this chapter and the Board; and

21-22     (e) Institute a proceeding in any court to enforce its orders or the

21-23  provisions of this chapter.

21-24     2.  On or before February 15 of each odd-numbered year, the

21-25  board shall submit to the Governor and to the Director of the

21-26  Legislative Counsel Bureau for transmittal to the next regular

21-27  session of the Legislature a written report compiling:

21-28     (a) Disciplinary action taken by the Board during the previous

21-29  biennium against physicians for malpractice or negligence; and

21-30     (b) Information reported to the Board during the previous

21-31  biennium pursuant to NRS 630.3067, subsections 2 and 3 of NRS

21-32  630.307 and NRS 690B.045[.] and 690B.050 and section 39 of this

21-33  act.

21-34  The report must include only aggregate information for statistical

21-35  purposes and exclude any identifying information related to a

21-36  particular person.

21-37     3.  The Board may adopt such regulations as are necessary or

21-38  desirable to enable it to carry out the provisions of this chapter.

21-39     Secs. 49 and 50.  (Deleted by amendment.)

21-40     Sec. 51.  NRS 630.261 is hereby amended to read as follows:

21-41     630.261  1.  Except as otherwise provided in NRS 630.161,

21-42  the Board may issue:

21-43     (a) A locum tenens license, to be effective not more than 3

21-44  months after issuance, to any physician who is licensed and in good

21-45  standing in another state, who meets the requirements for licensure

22-1  in this state and who is of good moral character and reputation. The

22-2  purpose of this license is to enable an eligible physician to serve as a

22-3  substitute for another physician who is licensed to practice medicine

22-4  in this state and who is absent from his practice for reasons deemed

22-5  sufficient by the Board. A license issued pursuant to the provisions

22-6  of this paragraph is not renewable.

22-7      (b) A special license to a licensed physician of another state to

22-8  come into this state to care for or assist in the treatment of his own

22-9  patient in association with a physician licensed in this state. A

22-10  special license issued pursuant to the provisions of this paragraph is

22-11  limited to the care of a specific patient. The physician licensed in

22-12  this state has the primary responsibility for the care of that patient.

22-13     (c) A restricted license for a specified period if the Board

22-14  determines the applicant needs supervision or restriction.

22-15     (d) A temporary license for a specified period if the physician is

22-16  licensed and in good standing in another state and meets the

22-17  requirements for licensure in this state, and if the Board determines

22-18  that it is necessary in order to provide medical services for a

22-19  community without adequate medical care. A temporary license

22-20  issued pursuant to the provisions of this paragraph is not renewable.

22-21     (e) A special purpose license to a physician who is licensed in

22-22  another state to permit the use of equipment that transfers

22-23  information concerning the medical condition of a patient in this

22-24  state across state lines electronically, telephonically or by fiber

22-25  optics if the physician:

22-26         (1) Holds a full and unrestricted license to practice medicine

22-27  in that state;

22-28         (2) Has not had any disciplinary or other action taken against

22-29  him by any state or other jurisdiction; and

22-30         (3) Meets the requirement set forth in paragraph (d) of

22-31  subsection 2 of NRS 630.160.

22-32     2.  Except as otherwise provided in this section, the Board may

22-33  renew or modify any license issued pursuant to subsection 1.

22-34     [3.  Every physician who is licensed pursuant to subsection 1

22-35  and who accepts the privilege of practicing medicine in this state

22-36  pursuant to the provisions of the license shall be deemed to have

22-37  given his consent to the revocation of the license at any time by the

22-38  Board for any of the grounds provided in NRS 630.161 or 630.301

22-39  to 630.3065, inclusive.]

22-40     Sec. 52.  NRS 630.301 is hereby amended to read as follows:

22-41     630.301  The following acts, among others, constitute grounds

22-42  for initiating disciplinary action or denying licensure:

22-43     1.  Conviction of a felony . [, any offense involving moral

22-44  turpitude or any offense relating to the practice of medicine or the

23-1  ability to practice medicine.] A plea of nolo contendere is a

23-2  conviction for the purposes of this subsection.

23-3      2.  Conviction of violating any of the provisions of NRS

23-4  616D.200, 616D.220, 616D.240, 616D.300, 616D.310[,] or

23-5  616D.350 to 616D.440, inclusive.

23-6      3.  The revocation, suspension, modification or limitation of the

23-7  license to practice any type of medicine by any other jurisdiction or

23-8  the surrender of the license or discontinuing the practice of medicine

23-9  while under investigation by any licensing authority, a medical

23-10  facility, a branch of the Armed Services of the United States, an

23-11  insurance company, an agency of the Federal Government or an

23-12  employer.

23-13     4.  Malpractice, which may be evidenced by claims settled

23-14  against a practitioner [.] , but only if such malpractice is

23-15  established by clear and convincing evidence.

23-16     5.  The engaging by a practitioner in any sexual activity with a

23-17  patient who is currently being treated by the practitioner.

23-18     6.  Disruptive behavior with physicians, hospital personnel,

23-19  patients, members of the families of patients or any other persons if

23-20  the behavior interferes with patient care or has an adverse impact on

23-21  the quality of care rendered to a patient.

23-22     7.  The engaging in conduct that violates the trust of a patient

23-23  and exploits the relationship between the physician and the patient

23-24  for financial or other personal gain.

23-25     8.  The failure to offer appropriate procedures or studies, to

23-26  protest inappropriate denials by organizations for managed care, to

23-27  provide necessary services or to refer a patient to an appropriate

23-28  provider, when such a failure occurs with the intent of positively

23-29  influencing the financial well-being of the practitioner or an insurer.

23-30     9.  The engaging in conduct that brings the medical profession

23-31  into disrepute, including, without limitation, conduct that violates

23-32  any provision of a national code of ethics adopted by the Board by

23-33  regulation.

23-34     10.  The engaging in sexual contact with the surrogate of a

23-35  patient or other key persons related to a patient, including, without

23-36  limitation, a spouse, parent or legal guardian, which exploits the

23-37  relationship between the physician and the patient in a sexual

23-38  manner.

23-39     Sec. 53.  NRS 630.3062 is hereby amended to read as follows:

23-40     630.3062  The following acts, among others, constitute grounds

23-41  for initiating disciplinary action or denying licensure:

23-42     1.  Failure to maintain timely, legible, accurate and complete

23-43  medical records relating to the diagnosis, treatment and care of a

23-44  patient.

23-45     2.  Altering medical records of a patient.

24-1      3.  Making or filing a report which the licensee knows to be

24-2  false, failing to file a record or report as required by law or willfully

24-3  obstructing or inducing another to obstruct such filing.

24-4      4.  Failure to make the medical records of a patient available for

24-5  inspection and copying as provided in NRS 629.061.

24-6      5.  Failure to comply with the requirements of [NRS 630.3067.]

24-7  section 39 of this act.

24-8      6.  Failure to report any person the licensee knows, or has

24-9  reason to know, is in violation of the provisions of this chapter or

24-10  the regulations of the Board.

24-11     Sec. 54.  NRS 630.3067 is hereby amended to read as follows:

24-12     630.3067  1.  The insurer of a physician licensed under this

24-13  chapter [and the physician must] shall report to the Board [any

24-14  action filed or claim] :

24-15     (a) Any action for malpractice against the physician not later

24-16  than 45 days after the physician receives service of a summons

24-17  and complaint for the action;

24-18     (b) Any claim for malpractice against the physician that is

24-19  submitted to arbitration or mediation [for malpractice or negligence

24-20  against the physician and the] not later than 45 days after the claim

24-21  is submitted to arbitration or mediation; and

24-22     (c) Any settlement, award, judgment or other disposition of [the]

24-23  any action or claim [within 30 days after:

24-24     (a) The action was filed or the claim was submitted to

24-25  arbitration or mediation; and

24-26     (b) The disposition of the action or claim.] described in

24-27  paragraph (a) or (b) not later than 45 days after the settlement,

24-28  award, judgment or other disposition.

24-29     2.  The Board shall report any failure to comply with subsection

24-30  1 by an insurer licensed in this state to the Division of Insurance of

24-31  the Department of Business and Industry. If, after a hearing, the

24-32  Division of Insurance determines that any such insurer failed to

24-33  comply with the requirements of subsection 1, the Division may

24-34  impose an administrative fine of not more than $10,000 against the

24-35  insurer for each such failure to report. If the administrative fine is

24-36  not paid when due, the fine must be recovered in a civil action

24-37  brought by the Attorney General on behalf of the Division.

24-38     Sec. 55. NRS 630.318 is hereby amended to read as follows:

24-39     630.318  1.  If the Board or any investigative committee of the

24-40  Board has reason to believe that the conduct of any physician has

24-41  raised a reasonable question as to his competence to practice

24-42  medicine with reasonable skill and safety to patients, or if the Board

24-43  has received a report pursuant to the provisions of NRS 630.3067,

24-44  690B.045, 690B.050 or section 39 of this act indicating that a

24-45  judgment has been rendered or an award has been made against a

25-1  physician regarding an action or claim for malpractice or that

25-2  such an action or claim against the physician has been resolved by

25-3  settlement, it may order that the physician undergo a mental or

25-4  physical examination or an examination testing his competence to

25-5  practice medicine by physicians or other examinations designated

25-6  by the Board to assist the Board or committee in determining the

25-7  fitness of the physician to practice medicine.

25-8      2.  For the purposes of this section:

25-9      (a) Every physician who applies for a license or who is licensed

25-10  under this chapter shall be deemed to have given his consent to

25-11  submit to a mental or physical examination or an examination

25-12  testing his competence to practice medicine when ordered to do so

25-13  in writing by the Board.

25-14     (b) The testimony or reports of the examining physicians are not

25-15  privileged communications.

25-16     3.  Except in extraordinary circumstances, as determined by the

25-17  Board, the failure of a physician licensed under this chapter to

25-18  submit to an examination when directed as provided in this section

25-19  constitutes an admission of the charges against him.

25-20     Sec. 56.  NRS 630.333 is hereby amended to read as follows:

25-21     630.333  1.  In addition to any other remedy provided by law,

25-22  the Board, through its President or Secretary-Treasurer or the

25-23  Attorney General, may apply to any court of competent jurisdiction:

25-24     (a) To enjoin any prohibited act or other conduct of a licensee

25-25  which is harmful to the public;

25-26     (b) To enjoin any person who is not licensed under this chapter

25-27  from practicing medicine or respiratory care;

25-28     (c) To limit the practice of a physician, physician assistant or

25-29  practitioner of respiratory care, or suspend his license to practice; or

25-30     (d) To enjoin the use of the title [“M. D.,”] “P.A.,” “P.A.-C,”

25-31  “R.C.P.” or any other word, combination of letters or other

25-32  designation intended to imply or designate a person as a [physician,]

25-33  physician assistant or practitioner of respiratory care, when not

25-34  licensed by the Board pursuant to this chapter, unless the use is

25-35  otherwise authorized by a specific statute.

25-36     2.  The court in a proper case may issue a temporary restraining

25-37  order or a preliminary injunction for the purposes set forth in

25-38  subsection 1:

25-39     (a) Without proof of actual damage sustained by any person;

25-40     (b) Without relieving any person from criminal prosecution for

25-41  engaging in the practice of medicine without a license; and

25-42     (c) Pending proceedings for disciplinary action by the Board.

25-43     Sec. 57.  NRS 630.336 is hereby amended to read as follows:

25-44     630.336  1.  [Any proceeding of a committee of the Board

25-45  investigating complaints is not subject to the requirements of NRS

26-1  241.020, unless the licensee under investigation requests that the

26-2  proceeding be subject to those requirements.] Any deliberations

26-3  conducted or vote taken by[:

26-4      (a) The Board or panel regarding its decision; or

26-5      (b) The] the Board or any investigative committee of the Board

26-6  regarding its ordering of a physician, physician assistant or

26-7  practitioner of respiratory care to undergo a physical or mental

26-8  examination or any other examination designated to assist the Board

26-9  or committee in determining the fitness of a physician, physician

26-10  assistant or practitioner of respiratory care[,]are not subject to the

26-11  requirements of NRS 241.020.

26-12     2.  Except as otherwise provided in subsection 3[,] or 4, all

26-13  applications for a license to practice medicine or respiratory care,

26-14  any charges filed by the Board, financial records of the Board,

26-15  formal hearings on any charges heard by the Board or a panel

26-16  selected by the Board, records of such hearings and any order or

26-17  decision of the Board or panel must be open to the public.

26-18     3.  [Except as otherwise provided in NRS 630.352 and 630.368,

26-19  the] The following may be kept confidential:

26-20     (a) Any statement, evidence, credential or other proof submitted

26-21  in support of or to verify the contents of an application;

26-22     (b) [All investigations and records of investigations;

26-23     (c)] Any report concerning the fitness of any person to receive

26-24  or hold a license to practice medicine or respiratory care;

26-25     [(d)] and

26-26     (c) Any communication between:

26-27         (1) The Board and any of its committees or panels; and

26-28         (2) The Board or its staff, investigators, experts, committees,

26-29  panels, hearing officers, advisory members or consultants and

26-30  counsel for the [Board; and

26-31     (e) Any other information or records in the possession of the]

26-32  Board.

26-33     4.  Except as otherwise provided in subsection 5, a complaint

26-34  filed with the Board pursuant to NRS 630.307, all documents and

26-35  other information filed with the complaint and all documents and

26-36  other information compiled as a result of an investigation

26-37  conducted to determine whether to initiate disciplinary action are

26-38  confidential.

26-39     5.  The complaint or other document filed by the Board to

26-40  initiate disciplinary action and all documents and information

26-41  considered by the Board when determining whether to impose

26-42  discipline are public records.

26-43     6.  This section does not prevent or prohibit the Board from

26-44  communicating or cooperating with any other licensing board or

26-45  agency or any agency which is investigating a licensee, including a

27-1  law enforcement agency. Such cooperation may include, without

27-2  limitation, providing the board or agency with minutes of a closed

27-3  meeting, transcripts of oral examinations and the results of oral

27-4  examinations.

27-5      Sec. 58.  NRS 630.352 is hereby amended to read as follows:

27-6      630.352  1.  Any member of the Board, except for an advisory

27-7  member serving on a panel of the Board hearing charges, may

27-8  participate in the final order of the Board. If the Board, after a

27-9  formal hearing, determines from a preponderance of the evidence

27-10  or, when the issue is the revocation of the license, by clear and

27-11  convincing evidence that a violation of the provisions of this

27-12  chapter or of the regulations of the Board has occurred, it shall issue

27-13  and serve on the physician charged an order, in writing, containing

27-14  its findings and any sanctions.

27-15     2.  If the Board determines that no violation has occurred, it

27-16  shall dismiss the charges, in writing, and notify the physician that

27-17  the charges have been dismissed. If the disciplinary proceedings

27-18  were instituted against the physician as a result of a complaint filed

27-19  against him, the Board may provide the physician with a copy of the

27-20  complaint.

27-21     3.  Except as otherwise provided in subsection 4, if the Board

27-22  finds that a violation has occurred, it [may] shall by order [:] take

27-23  one or more of the following actions:

27-24     (a) Place the person on probation for a specified period on any

27-25  of the conditions specified in the order;

27-26     (b) Administer to him a public reprimand;

27-27     (c) Limit his practice or exclude one or more specified branches

27-28  of medicine from his practice;

27-29     (d) Suspend his license for a specified period or until further

27-30  order of the Board;

27-31     (e) Revoke his license to practice medicine[;] , but only in

27-32  accordance with the provisions of section 37 of this act;

27-33     (f) Require him to participate in a program to correct alcohol or

27-34  drug dependence or any other impairment;

27-35     (g) Require supervision of his practice;

27-36     (h) Impose a fine not to exceed $5,000;

27-37     (i) Require him to perform community service without

27-38  compensation;

27-39     (j) Require him to take a physical or mental examination or an

27-40  examination testing his competence; and

27-41     (k) Require him to fulfill certain training or educational

27-42  requirements . [; and

27-43     (l) Require him to pay all costs incurred by the Board relating to

27-44  his disciplinary proceedings.]

28-1      4.  If the Board finds that the physician has violated the

28-2  provisions of NRS 439B.425, the Board shall suspend his license for

28-3  a specified period or until further order of the Board.

28-4      5.  The Board shall not administer a private reprimand if the

28-5  Board finds that a violation has occurred.

28-6      6.  An order that imposes discipline and the findings of fact

28-7  and conclusions of law supporting that order are public records.

28-8      Sec. 59.  NRS 630.400 is hereby amended to read as follows:

28-9      630.400  A person who:

28-10     1.  Presents to the Board as his own the diploma, license or

28-11  credentials of another;

28-12     2.  Gives either false or forged evidence of any kind to the

28-13  Board;

28-14     3.  Practices medicine or respiratory care under a false or

28-15  assumed name or falsely personates another licensee;

28-16     4.  Except as otherwise provided by specific statute, practices

28-17  medicine or respiratory care without being licensed under this

28-18  chapter;

28-19     5.  Holds himself out as a physician assistant or uses any other

28-20  term indicating or implying that he is a physician assistant without

28-21  being licensed by the Board; or

28-22     6.  Holds himself out as a practitioner of respiratory care or uses

28-23  any other term indicating or implying that he is a practitioner of

28-24  respiratory care without being licensed by the Board , [; or

28-25     7.  Uses the title “M.D.”:

28-26     (a) Without having been awarded such a degree; or

28-27     (b) When not authorized by a specific statute,]

28-28  is guilty of a category D felony and shall be punished as provided in

28-29  NRS 193.130.

28-30     Sec. 60.  NRS 630A.510 is hereby amended to read as follows:

28-31     630A.510  1.  Any member of the Board who was not a

28-32  member of the investigative committee, if one was appointed, may

28-33  participate in the final order of the Board. If the Board, after a

28-34  formal hearing, determines that a violation of the provisions of this

28-35  chapter or the regulations adopted by the Board has occurred, it

28-36  shall issue and serve on the person charged an order, in writing,

28-37  containing its findings and any sanctions imposed by the Board. If

28-38  the Board determines that no violation has occurred, it shall dismiss

28-39  the charges, in writing, and notify the person that the charges have

28-40  been dismissed.

28-41     2.  If the Board finds that a violation has occurred, it may by

28-42  order:

28-43     (a) Place the person on probation for a specified period on any

28-44  of the conditions specified in the order.

28-45     (b) Administer to the person a public reprimand.

29-1      (c) Limit the practice of the person or exclude a method of

29-2  treatment from the scope of his practice.

29-3      (d) Suspend the license of the person for a specified period or

29-4  until further order of the Board.

29-5      (e) Revoke the license of the person to practice homeopathic

29-6  medicine.

29-7      (f) Require the person to participate in a program to correct a

29-8  dependence upon alcohol or a controlled substance, or any other

29-9  impairment.

29-10     (g) Require supervision of the person’s practice.

29-11     (h) Impose an administrative fine not to exceed $10,000.

29-12     (i) Require the person to perform community service without

29-13  compensation.

29-14     (j) Require the person to take a physical or mental examination

29-15  or an examination of his competence to practice homeopathic

29-16  medicine.

29-17     (k) Require the person to fulfill certain training or educational

29-18  requirements.

29-19     [(l) Require the person to pay the costs of the investigation and

29-20  hearing.]

29-21     3.  The Board shall not administer a private reprimand.

29-22     4.  An order that imposes discipline and the findings of fact

29-23  and conclusions of law supporting that order are public records.

29-24     Sec. 61.  NRS 630A.555 is hereby amended to read as follows:

29-25     630A.555  1.  Except as otherwise provided in [subsection 2,]

29-26  this section, any records or information obtained during an

29-27  investigation by the Board and any record of the investigation are

29-28  confidential . [until the investigation is completed. Upon completion

29-29  of the investigation, the information and records are public records

29-30  if:

29-31     (a) Disciplinary action is imposed by the Board as a result of the

29-32  investigation; or

29-33     (b) The person regarding whom the investigation was made

29-34  submits a written request to the Board asking that the information

29-35  and records be made public records.]

29-36     2.  The complaint or other document filed by the Board to

29-37  initiate disciplinary action and all documents and information

29-38  considered by the Board when determining whether to impose

29-39  discipline are public records.

29-40     3.  The Board may provide any record or information described

29-41  in subsection 1 to any other licensing board or agency, including a

29-42  law enforcement agency, which is investigating a person who is

29-43  licensed pursuant to this chapter.

 

 

30-1      Sec. 62.  NRS 631.350 is hereby amended to read as follows:

30-2      631.350  1.  Except as otherwise provided in NRS 631.271

30-3  and 631.347, the Board may:

30-4      (a) Refuse to issue a license to any person;

30-5      (b) Revoke or suspend the license or renewal certificate issued

30-6  by it to any person;

30-7      (c) Fine a person it has licensed;

30-8      (d) Place a person on probation for a specified period on any

30-9  conditions the Board may order;

30-10     (e) Issue a public reprimand to a person;

30-11     (f) Limit a person’s practice to certain branches of dentistry;

30-12     (g) Require a person to participate in a program to correct

30-13  alcohol or drug abuse or any other impairment;

30-14     (h) Require that a person’s practice be supervised;

30-15     (i) Require a person to perform community service without

30-16  compensation;

30-17     (j) Require a person to take a physical or mental examination or

30-18  an examination of his competence;

30-19     (k) Require a person to fulfill certain training or educational

30-20  requirements;

30-21     (l) Require a person to reimburse a patient; or

30-22     (m) Any combination thereof,

30-23  upon proof satisfactory to the Board that the person has engaged in

30-24  any of the activities listed in subsection 2.

30-25     2.  The following activities may be punished as provided in

30-26  subsection 1:

30-27     (a) Engaging in the illegal practice of dentistry or dental

30-28  hygiene;

30-29     (b) Engaging in unprofessional conduct; or

30-30     (c) Violating any regulations adopted by the Board or the

30-31  provisions of this chapter.

30-32     3.  The Board may delegate to a hearing officer or panel its

30-33  authority to take any disciplinary action pursuant to this chapter,

30-34  impose and collect fines therefor and deposit the money therefrom

30-35  in banks, credit unions or savings and loan associations in this state.

30-36     4.  If a hearing officer or panel is not authorized to take

30-37  disciplinary action pursuant to subsection 3 and the Board deposits

30-38  the money collected from the imposition of fines with the State

30-39  Treasurer for credit to the State General Fund, it may present a

30-40  claim to the State Board of Examiners for recommendation to the

30-41  Interim Finance Committee if money is needed to pay attorney’s

30-42  fees or the costs of an investigation, or both.

30-43     5.  The Board shall not administer a private reprimand.

30-44     6.  An order that imposes discipline and the findings of fact

30-45  and conclusions of law supporting that order are public records.

31-1      Sec. 63.  NRS 631.368 is hereby amended to read as follows:

31-2      631.368  1.  Except as otherwise provided in [subsection 2,]

31-3  this section, any records or information obtained during the course

31-4  of an investigation by the Board and any record of the investigation

31-5  are confidential . [until the investigation is completed. Upon

31-6  completion of the investigation the information and records are

31-7  public records, only if:

31-8      (a) Disciplinary action is imposed by the Board as a result of the

31-9  investigation; or

31-10     (b) The person regarding whom the investigation was made

31-11  submits a written request to the Board asking that the information

31-12  and records be made public records.]

31-13     2.  The complaint or other document filed by the Board to

31-14  initiate disciplinary action and all documents and information

31-15  considered by the Board when determining whether to impose

31-16  discipline are public records.

31-17     3.  The Board may provide any record or information described

31-18  in subsection 1 to any other licensing board or agency or any agency

31-19  which is investigating a person licensed pursuant to this chapter,

31-20  including a law enforcement agency.

31-21     Sec. 64.  NRS 632.325 is hereby amended to read as follows:

31-22     632.325  1.  If the Board determines that a licensee or holder

31-23  of a certificate has committed any of the acts set forth in NRS

31-24  632.320, it may take any one or more of the following disciplinary

31-25  actions:

31-26     (a) Place conditions, limitations or restrictions on his license or

31-27  certificate.

31-28     (b) Impose and collect an administrative fine of not more than

31-29  $5,000.

31-30     (c) [Require the licensee or holder of a certificate to pay all costs

31-31  incurred by the Board relating to the discipline of the licensee or

31-32  holder of a certificate.

31-33     (d) Reprimand] Publicly reprimand the licensee or holder of a

31-34  certificate.

31-35     [(e)] (d) Accept the voluntary surrender of a license or

31-36  certificate in lieu of imposing any other disciplinary action set forth

31-37  in this subsection.

31-38     2.  If the Board determines that:

31-39     (a) A person whose license or certificate is suspended or

31-40  voluntarily surrendered, or has been placed on an inactive list

31-41  pursuant to NRS 632.341, has committed, during the period his

31-42  license or certificate was valid, inactive or would have been valid if

31-43  not for the suspension or surrender; or

31-44     (b) An applicant for the renewal or reinstatement of a license or

31-45  certificate has committed, at any time after the most recent renewal

32-1  of his license or certificate or the issuance of his original license or

32-2  certificate if it has not been renewed,

32-3  any of the acts set forth in NRS 632.320, the Board may take any

32-4  one or more of the disciplinary actions set forth in subsection 1.

32-5      3.  The Board shall not privately reprimand a licensee or

32-6  holder of a certificate.

32-7      4.  An order that imposes discipline and the findings of fact

32-8  and conclusions of law supporting that order are public records.

32-9      Sec. 65.  NRS 632.405 is hereby amended to read as follows:

32-10     632.405  1.  [Any] Except as otherwise provided in this

32-11  section, any records or information obtained during the course of an

32-12  investigation by the Board and any record of the investigation are

32-13  confidential . [until the investigation is completed. Upon completion

32-14  of the investigation the information and records are public records,

32-15  only if:

32-16     (a) Disciplinary action is imposed by the Board as a result of the

32-17  investigation; or

32-18     (b) The person regarding whom the investigation was made

32-19  submits a written request to the Board asking that the information

32-20  and records be made public records.]

32-21     2.  The complaint or other document filed by the Board to

32-22  initiate disciplinary action and all documents and information

32-23  considered by the Board when determining whether to impose

32-24  disciplinary action are public records.

32-25     3.  This section does not prevent or prohibit the Board from

32-26  communicating or cooperating with another licensing board or any

32-27  agency that is investigating a licensee, including a law enforcement

32-28  agency.

32-29     Sec. 66.  Chapter 633 of NRS is hereby amended by adding

32-30  thereto the provisions set forth as sections 67 to 73, inclusive, of this

32-31  act.

32-32     Sec. 67.  1.  In addition to the other requirements for

32-33  licensure, an applicant for a license to practice osteopathic

32-34  medicine shall submit to the Board information describing:

32-35     (a) Any claims made against the applicant for malpractice,

32-36  whether or not a civil action was filed concerning the claim;

32-37     (b) Any complaints filed against the applicant with a licensing

32-38  board of another state and any disciplinary action taken against

32-39  the applicant by a licensing board of another state; and

32-40     (c) Any complaints filed against the applicant with a hospital,

32-41  clinic or medical facility or any disciplinary action taken against

32-42  the applicant by a hospital, clinic or medical facility.

32-43     2.  The Board shall not issue a license to the applicant until it

32-44  has received all the information required by this section.

33-1      Sec. 68.  In addition to the other requirements for licensure,

33-2  an applicant shall cause to be submitted to the Board a certificate

33-3  of completion of progressive postgraduate training from the

33-4  residency program where the applicant received training.

33-5      Sec. 69.  The expiration of a license by operation of law or by

33-6  order or decision of the Board or a court, or the voluntary

33-7  surrender of a license by a licensee, does not deprive the Board of

33-8  jurisdiction to proceed with any investigation of, or action or

33-9  disciplinary proceeding against, the licensee or to render a

33-10  decision suspending or revoking the license.

33-11     Sec. 70.  1.  An osteopathic physician shall report to the

33-12  Board:

33-13     (a) Any action for malpractice against the osteopathic

33-14  physician not later than 45 days after the osteopathic physician

33-15  receives service of a summons and complaint for the action;

33-16     (b) Any claim for malpractice against the osteopathic

33-17  physician that is submitted to arbitration or mediation not later

33-18  than 45 days after the claim is submitted to arbitration or

33-19  mediation;

33-20     (c) Any settlement, award, judgment or other disposition of

33-21  any action or claim described in paragraph (a) or (b) not later

33-22  than 45 days after the settlement, award, judgment or other

33-23  disposition; and

33-24     (d) Any sanctions imposed against the osteopathic physician

33-25  that are reportable to the National Practitioner Data Bank not

33-26  later than 45 days after the sanctions are imposed.

33-27     2.  If the Board finds that an osteopathic physician has

33-28  violated any provision of this section, the Board may impose a fine

33-29  of not more than $5,000 against the osteopathic physician for each

33-30  violation, in addition to any other fines or penalties permitted by

33-31  law.

33-32     3.  All reports made by an osteopathic physician pursuant to

33-33  this section are public records.

33-34     Sec. 71.  If the Board receives a report pursuant to the

33-35  provisions of NRS 633.526, 690B.045, 690B.050 or section 70 of

33-36  this act indicating that a judgment has been rendered or an award

33-37  has been made against an osteopathic physician regarding an

33-38  action or claim for malpractice or that such an action or claim

33-39  against the osteopathic physician has been resolved by settlement,

33-40  the Board shall conduct an investigation to determine whether to

33-41  impose disciplinary action against the osteopathic physician

33-42  regarding the action or claim, unless the Board has already

33-43  commenced or completed such an investigation regarding the

33-44  action or claim before it receives the report.

34-1      Sec. 72.  1.  If the Board receives a report pursuant to the

34-2  provisions of NRS 633.526, 690B.045, 690B.050 or section 70 of

34-3  this act indicating that a judgment has been rendered or an award

34-4  has been made against an osteopathic physician regarding an

34-5  action or claim for malpractice or that such an action or claim

34-6  against the osteopathic physician has been resolved by settlement,

34-7  the Board may order that the osteopathic physician undergo a

34-8  mental or physical examination or an examination testing his

34-9  competence to practice medicine by osteopathic physicians or

34-10  other examinations designated by the Board to assist the Board or

34-11  any investigative committee of the Board in determining the

34-12  fitness of the osteopathic physician to practice medicine.

34-13     2.  For the purposes of this section:

34-14     (a) Every osteopathic physician who applies for a license or

34-15  who holds a license under this chapter shall be deemed to have

34-16  given his consent to submit to a mental or physical examination or

34-17  an examination testing his competence to practice medicine when

34-18  ordered to do so in writing by the Board.

34-19     (b) The testimony or reports of the examining osteopathic

34-20  physician are not privileged communications.

34-21     Sec. 73. (Deleted by amendment.)

34-22     Sec. 74. NRS 633.286 is hereby amended to read as follows:

34-23     633.286  1.  On or before February 15 of each odd-numbered

34-24  year, the Board shall submit to the Governor and to the Director of

34-25  the Legislative Counsel Bureau for transmittal to the next regular

34-26  session of the Legislature a written report compiling:

34-27     (a) Disciplinary action taken by the Board during the previous

34-28  biennium against osteopathic physicians for malpractice or

34-29  negligence; and

34-30     (b) Information reported to the Board during the previous

34-31  biennium pursuant to NRS 633.526, subsections 2 and 3 of NRS

34-32  633.533 and NRS 690B.045[.] and 690B.050 and section 70 of this

34-33  act.

34-34     2.  The report must include only aggregate information for

34-35  statistical purposes and exclude any identifying information related

34-36  to a particular person.

34-37     Sec. 75.  NRS 633.301 is hereby amended to read as follows:

34-38     633.301  The Board shall keep a record of its proceedings

34-39  relating to licensing and disciplinary actions. [The record shall]

34-40  Except as otherwise provided in NRS 633.611, the record must be

34-41  open to public inspection at all reasonable times and [shall also]

34-42  contain the name, known place of business and residence, and the

34-43  date and number of the license of every osteopathic physician

34-44  licensed under this chapter.

 

35-1      Sec. 76.  NRS 633.511 is hereby amended to read as follows:

35-2      633.511  The grounds for initiating disciplinary action pursuant

35-3  to this chapter are:

35-4      1.  Unprofessional conduct.

35-5      2.  Conviction of:

35-6      (a) A violation of any federal or state law regulating the

35-7  possession, distribution or use of any controlled substance or any

35-8  dangerous drug as defined in chapter 454 of NRS;

35-9      (b) A felony;

35-10     (c) A violation of any of the provisions of NRS 616D.200,

35-11  616D.220, 616D.240 or 616D.300 to 616D.440, inclusive; or

35-12     (d) Any offense involving moral turpitude.

35-13     3.  The suspension of the license to practice osteopathic

35-14  medicine by any other jurisdiction.

35-15     4.  Gross or repeated malpractice, which may be evidenced by

35-16  claims of malpractice settled against a practitioner.

35-17     5.  Professional incompetence.

35-18     6.  Failure to comply with the requirements of [NRS 633.526.]

35-19  section 70 of this act.

35-20     Sec. 77.  NRS 633.526 is hereby amended to read as follows:

35-21     633.526  1.  The insurer of an osteopathic physician licensed

35-22  under this chapter [and the osteopathic physician must] shall report

35-23  to the Board [any action filed or claim] :

35-24     (a) Any action for malpractice against the osteopathic

35-25  physician not later than 45 days after the osteopathic physician

35-26  receives service of a summons and complaint for the action;

35-27     (b) Any claim for malpractice against the osteopathic

35-28  physician that is submitted to arbitration or mediation [for

35-29  malpractice or negligence against the osteopathic physician and the]

35-30  not later than 45 days after the claim is submitted to arbitration or

35-31  mediation; and

35-32     (c) Any settlement, award, judgment or other disposition of [the]

35-33  any action or claim [within 30 days after:

35-34     (a) The action was filed or the claim was submitted to

35-35  arbitration or mediation; and

35-36     (b) The disposition of the action or claim.] described in

35-37  paragraph (a) or (b) not later than 45 days after the settlement,

35-38  award, judgment or other disposition.

35-39     2.  The Board shall report any failure to comply with subsection

35-40  1 by an insurer licensed in this state to the Division of Insurance of

35-41  the Department of Business and Industry. If, after a hearing, the

35-42  Division of Insurance determines that any such insurer failed to

35-43  comply with the requirements of subsection 1, the Division may

35-44  impose an administrative fine of not more than $10,000 against the

35-45  insurer for each such failure to report. If the administrative fine is

36-1  not paid when due, the fine must be recovered in a civil action

36-2  brought by the Attorney General on behalf of the Division.

36-3      Sec. 77.5.  NRS 633.611 is hereby amended to read as follows:

36-4      633.611  [All proceedings subsequent to the filing of]

36-5      1.  Except as otherwise provided in this section, a complaint

36-6  filed with the Board, all documents and other information filed

36-7  with the complaint and all documents and other information

36-8  compiled as a result of the investigation conducted to determine

36-9  whether to initiate disciplinary action are confidential . [, except to

36-10  the extent necessary for the conduct of an examination, until]

36-11     2.  The complaint or other document filed by the Board

36-12  [determines to proceed with] to initiate disciplinary action [. If]and

36-13  all documents and information considered by the Board [dismisses

36-14  the complaint, the proceedings remain confidential. If the Board

36-15  proceeds with disciplinary action, confidentiality concerning the

36-16  proceedings is no longer required.] when determining whether to

36-17  impose discipline are public records.

36-18     3.  The Board may disseminate all documents and other

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

36-20  other information compiled as a result of an investigation to any

36-21  other licensing board, national association of registered boards,

36-22  an agency of the Federal Government or of the State, the Attorney

36-23  General or any law enforcement agency, regardless of whether the

36-24  Board initiates disciplinary action as a result of the complaint or

36-25  investigation.

36-26     Sec. 78.  NRS 633.651 is hereby amended to read as follows:

36-27     633.651  1.  The person charged in a formal complaint is

36-28  entitled to a hearing before the Board, but the failure of the person

36-29  charged to attend his hearing or his failure to defend himself must

36-30  not delay or void the proceedings. The Board may, for good cause

36-31  shown, continue any hearing from time to time.

36-32     2.  If the Board finds the person guilty as charged in the formal

36-33  complaint, it [may] shall by order [:] take one or more of the

36-34  following actions:

36-35     (a) Place the person on probation for a specified period or until

36-36  further order of the Board.

36-37     (b) Administer to the person a public reprimand.

36-38     (c) Limit the practice of the person to, or by the exclusion of,

36-39  one or more specified branches of osteopathic medicine.

36-40     (d) Suspend the license of the person to practice osteopathic

36-41  medicine for a specified period or until further order of the Board.

36-42     (e) Revoke the license of the person to practice osteopathic

36-43  medicine.

37-1  The order of the Board may contain such other terms, provisions or

37-2  conditions as the Board deems proper and which are not inconsistent

37-3  with law.

37-4      3.  The Board shall not administer a private reprimand.

37-5      4.  An order that imposes discipline and the findings of fact

37-6  and conclusions of law supporting that order are public records.

37-7      Sec. 79.  Chapter 634 of NRS is hereby amended by adding

37-8  thereto a new section to read as follows:

37-9      1.  Except as otherwise provided in this section, a complaint

37-10  filed with the Board, all documents and other information filed

37-11  with the complaint and all documents and other information

37-12  compiled as a result of the investigation conducted to determine

37-13  whether to initiate disciplinary action are confidential.

37-14     2.  The complaint or other document filed by the Board to

37-15  initiate disciplinary action and all documents and information

37-16  considered by the Board when determining whether to impose

37-17  discipline are public records.

37-18     Sec. 80.  NRS 634.190 is hereby amended to read as follows:

37-19     634.190  1.  The person charged is entitled to a hearing before

37-20  the Board, but the failure of the person charged to attend his hearing

37-21  or his failure to defend himself does not delay or void the

37-22  proceedings. The Board may, for good cause shown, continue any

37-23  hearing from time to time.

37-24     2.  If the Board finds the person guilty as charged in the

37-25  complaint, it may by order:

37-26     (a) Place the person on probation for a specified period or until

37-27  further order of the Board.

37-28     (b) Administer to the person a public [or private] reprimand.

37-29     (c) Limit the practice of the person to, or by the exclusion of,

37-30  one or more specified branches of chiropractic.

37-31     (d) Suspend the license of the person to practice chiropractic for

37-32  a specified period or until further order of the Board.

37-33     (e) Revoke the license of the person to practice chiropractic.

37-34     (f) Impose a fine of not more than $10,000, which must be

37-35  deposited with the State Treasurer for credit to the State General

37-36  Fund.

37-37     [(g) Require the person to pay all costs incurred by the Board

37-38  relating to the discipline of the person.]

37-39  The order of the Board may contain such other terms, provisions or

37-40  conditions as the Board deems proper and which are not inconsistent

37-41  with law.

37-42     3.  If the Board finds that a licensee has violated the provisions

37-43  of NRS 439B.425, the Board shall suspend his license for a

37-44  specified period or until further order of the Board.

37-45     4.  The Board shall not administer a private reprimand.

38-1      5.  An order that imposes discipline and the findings of fact

38-2  and conclusions of law supporting that order are public records.

38-3      Sec. 81.  NRS 634.212 is hereby amended to read as follows:

38-4      634.212  1.  The Board shall keep a record of its proceedings

38-5  relating to licensing and disciplinary actions. [These] Except as

38-6  otherwise provided in section 79 of this act, the records must be

38-7  open to public inspection at all reasonable times and must contain

38-8  the name, known place of business and residence, and the date and

38-9  number of the license of every chiropractor licensed under this

38-10  chapter. The Board may keep such other records as it deems

38-11  desirable.

38-12     2.  Except as otherwise provided in this subsection, all

38-13  information pertaining to the personal background, medical history

38-14  or financial affairs of an applicant or licensee which the Board

38-15  requires to be furnished to it under this chapter, or which it

38-16  otherwise obtains, is confidential and may be disclosed in whole or

38-17  in part only as necessary in the course of administering this chapter

38-18  or upon the order of a court of competent jurisdiction. The Board

38-19  may, under procedures established by regulation, permit the

38-20  disclosure of this information to any agent of the Federal

38-21  Government, of another state or of any political subdivision of this

38-22  state who is authorized to receive it.

38-23     3.  Notice of the disclosure and the contents of the information

38-24  disclosed pursuant to subsection 2 must be given to the applicant or

38-25  licensee who is the subject of that information.

38-26     Sec. 82.  Chapter 634A of NRS is hereby amended by adding

38-27  thereto a new section to read as follows:

38-28     1.  Except as otherwise provided in this section, a complaint

38-29  filed with the Board, all documents and other information filed

38-30  with the complaint and all documents and other information

38-31  compiled as a result of the investigation conducted to determine

38-32  whether to initiate disciplinary action are confidential.

38-33     2.  The complaint or other document filed by the Board to

38-34  initiate disciplinary action and all documents and information

38-35  considered by the Board when determining whether to impose

38-36  discipline are public records.

38-37     3.  An order that imposes discipline and the findings of fact

38-38  and conclusions of law supporting that order are public records.

38-39     Sec. 83.  NRS 634A.250 is hereby amended to read as follows:

38-40     634A.250  [1.]  In addition to any other penalties prescribed

38-41  by law, the Board may, after notice and hearing, impose upon any

38-42  person who violates any provision of this chapter or the regulations

38-43  adopted pursuant thereto an administrative fine of not more than

38-44  $2,500.

39-1      [2.  If discipline is imposed pursuant to this chapter, the costs of

39-2  the proceeding, including investigative costs and attorney’s fees,

39-3  may be recovered by the Board.]

39-4      Sec. 84.  Chapter 635 of NRS is hereby amended by adding

39-5  thereto a new section to read as follows:

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

39-7  filed with the Board, all documents and other information filed

39-8  with the complaint and all documents and other information

39-9  compiled as a result of the investigation conducted to determine

39-10  whether to initiate disciplinary action are confidential.

39-11     2.  The complaint or other document filed by the Board to

39-12  initiate disciplinary action and all documents and information

39-13  considered by the Board when determining whether to impose

39-14  discipline are public records.

39-15     3.  An order that imposes discipline and the findings of fact

39-16  and conclusions of law supporting that order are public records.

39-17     Sec. 85.  NRS 635.130 is hereby amended to read as follows:

39-18     635.130  1.  The Board, after notice and hearing, and upon any

39-19  cause enumerated in subsection 2, may take one or more of the

39-20  following disciplinary actions:

39-21     (a) Deny an application for a license or refuse to renew a

39-22  license.

39-23     (b) Suspend or revoke a license.

39-24     (c) Place a licensee on probation.

39-25     (d) Impose a fine not to exceed $5,000.

39-26     [(e) Require the licensee to pay all costs incurred by the Board

39-27  relating to the discipline of the licensee.]

39-28     2.  The Board may take disciplinary action against a licensee for

39-29  any of the following causes:

39-30     (a) The making of a false statement in any affidavit required of

39-31  the applicant for application, examination or licensure pursuant to

39-32  the provisions of this chapter.

39-33     (b) Lending the use of the holder’s name to an unlicensed

39-34  person.

39-35     (c) If the holder is a podiatric physician, his permitting an

39-36  unlicensed person in his employ to practice as a podiatry hygienist.

39-37     (d) Habitual indulgence in the use of alcohol or any controlled

39-38  substance which impairs the intellect and judgment to such an extent

39-39  as in the opinion of the Board incapacitates the holder in the

39-40  performance of his professional duties.

39-41     (e) Conviction of a crime involving moral turpitude.

39-42     (f) Conviction of violating any of the provisions of NRS

39-43  616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,

39-44  inclusive.

40-1      (g) Conduct which in the opinion of the Board disqualifies him

40-2  to practice with safety to the public.

40-3      (h) The commission of fraud by or on behalf of the licensee

40-4  regarding his license or practice.

40-5      (i) Gross incompetency.

40-6      (j) Affliction of the licensee with any mental or physical

40-7  disorder which seriously impairs his competence as a podiatric

40-8  physician or podiatry hygienist.

40-9      (k) False representation by or on behalf of the licensee regarding

40-10  his practice.

40-11     (l) Unethical or unprofessional conduct.

40-12     (m) Willful or repeated violations of this chapter or regulations

40-13  adopted by the Board.

40-14     (n) Willful violation of the regulations adopted by the State

40-15  Board of Pharmacy.

40-16     Sec. 86.  NRS 635.180 is hereby amended to read as follows:

40-17     635.180  Except as otherwise provided in NRS 635.167, every

40-18  person who practices podiatry or as a podiatry hygienist without

40-19  having complied with the provisions of this chapter must be fined

40-20  not more than $10,000 for each offense . [and may be required to

40-21  pay all costs incurred by the Board relating to the discipline of the

40-22  person.]

40-23     Sec. 87.  Chapter 636 of NRS is hereby amended by adding

40-24  thereto a new section to read as follows:

40-25     1.  Except as otherwise provided in this section, a complaint

40-26  filed with the Board, all documents and other information filed

40-27  with the complaint and all documents and other information

40-28  compiled as a result of an investigation conducted to determine

40-29  whether to initiate disciplinary action are confidential.

40-30     2.  The complaint or other document filed by the Board to

40-31  initiate disciplinary action and all documents and information

40-32  considered by the Board when determining whether to impose

40-33  discipline are public records.

40-34     Sec. 88.  NRS 636.105 is hereby amended to read as follows:

40-35     636.105  1.  The Executive Director shall make and keep:

40-36     (a) A record of all meetings and proceedings of the Board.

40-37     (b) A record of all prosecutions and violations of this chapter.

40-38     (c) A record of the results of all examinations of applicants.

40-39     (d) A register of all licensees.

40-40     (e) An inventory of all property of the Board and all property of

40-41  the State in the Board’s possession.

40-42     2.  [All] Except as otherwise provided in section 87 of this act,

40-43  records of the Board are subject to public inspection.

40-44     3.  All records of the Board must be kept in the office of the

40-45  Board.

41-1      Sec. 89.  NRS 636.325 is hereby amended to read as follows:

41-2      636.325  1.  Upon conclusion of the hearing, or waiver thereof

41-3  by the licensee against whom the charge is filed, the Board shall

41-4  make and announce its decision. If the Board determines that the

41-5  allegations included in the charge are true, it may[, in the exercise

41-6  of reasonable discretion,] take any one or more of the following

41-7  actions:

41-8      (a) [Reprimand] Publicly reprimand the licensee;

41-9      (b) Place the licensee on probation for a specified or unspecified

41-10  period;

41-11     (c) Suspend the licensee from practice for a specified or

41-12  unspecified period;

41-13     (d) Revoke the licensee’s license; or

41-14     (e) Impose an administrative fine pursuant to the provisions of

41-15  NRS 636.420 . [and order the licensee to pay any costs or fees

41-16  incurred by the Board in connection with the hearing.]

41-17  The Board may, in connection with a reprimand, probation or

41-18  suspension, impose such other terms or conditions as it deems

41-19  necessary.

41-20     2.  If the Board determines that the allegations included in the

41-21  charge are false or do not warrant disciplinary action, it shall

41-22  dismiss the charge.

41-23     3.  The Board shall not privately reprimand a licensee.

41-24     4.  An order that imposes discipline and the findings of fact

41-25  and conclusions of law supporting that order are public records.

41-26     Sec. 90.  Chapter 637 of NRS is hereby amended by adding

41-27  thereto a new section to read as follows:

41-28     1.  Except as otherwise provided in this section, a complaint

41-29  filed with the Board, all documents and other information filed

41-30  with the complaint and all documents and other information

41-31  compiled as a result of the investigation conducted to determine

41-32  whether to initiate disciplinary action are confidential.

41-33     2.  The complaint or other document filed by the Board to

41-34  initiate disciplinary action and all documents and information

41-35  considered by the Board when determining whether to impose

41-36  discipline are public records.

41-37     Sec. 91.  NRS 637.085 is hereby amended to read as follows:

41-38     637.085  1.  Except as otherwise provided in subsection 2, and

41-39  section 90 of this act, all applications for licensure, any charges

41-40  filed by the Board, financial records of the Board, formal hearings

41-41  on any charges heard by the Board or a panel selected by the Board,

41-42  records of the hearings and any order or decision of the Board or

41-43  panel must be open to the public.

41-44     2.  [The] Except as otherwise provided in section 90 of this

41-45  act, the following may be kept confidential:

42-1      (a) Any statement, evidence, credential or other proof submitted

42-2  in support of or to verify the contents of an application.

42-3      (b) [All investigations and records of investigations.

42-4      (c)] Any report concerning the fitness of any person to receive

42-5  or hold a license to practice ophthalmic dispensing.

42-6      [(d)] (c) Any communication between:

42-7          (1) The Board and any of its committees or panels; and

42-8          (2) The Board or its staff, investigators, experts, committees,

42-9  panels, hearing officers, advisory members or consultants and

42-10  counsel for the Board.

42-11     [(e)] (d) Any other information or records in the possession of

42-12  the Board.

42-13     3.  This section does not prohibit the Board from

42-14  communicating or cooperating with any other licensing board or

42-15  agency or any agency which is investigating a licensee, including a

42-16  law enforcement agency.

42-17     Sec. 92.  NRS 637.150 is hereby amended to read as follows:

42-18     637.150  1.  Upon proof to the satisfaction of the Board that an

42-19  applicant or holder of a license:

42-20     [1.] (a) Has been adjudicated insane;

42-21     [2.] (b) Habitually uses any controlled substance or intoxicant;

42-22     [3.] (c) Has been convicted of a crime involving moral

42-23  turpitude;

42-24     [4.] (d) Has been convicted of violating any of the provisions of

42-25  NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,

42-26  inclusive;

42-27     [5.] (e) Has advertised in any manner which would tend to

42-28  deceive, defraud or mislead the public;

42-29     [6.] (f) Has presented to the Board any diploma, license or

42-30  certificate that has been signed or issued unlawfully or under

42-31  fraudulent representations, or obtains or has obtained a license to

42-32  practice in the State through fraud of any kind;

42-33     [7.] (g) Has been convicted of a violation of any federal or state

42-34  law relating to a controlled substance;

42-35     [8.] (h) Has violated any regulation of the Board;

42-36     [9.] (i) Has violated any provision of this chapter;

42-37     [10.] (j) Is incompetent;

42-38     [11.] (k) Is guilty of unethical or unprofessional conduct as

42-39  determined by the Board;

42-40     [12.] (l) Is guilty of repeated malpractice, which may be

42-41  evidenced by claims of malpractice settled against a practitioner; or

42-42     [13.] (m) Is guilty of a fraudulent or deceptive practice as

42-43  determined by the Board,

42-44  the Board may, in the case of an applicant, refuse to grant him a

42-45  license, or may, in the case of a holder of a license, place him on

43-1  probation, reprimand him [privately or] publicly, require him to pay

43-2  an administrative fine of not more than $10,000, suspend or revoke

43-3  his license, or take any combination of these disciplinary actions.

43-4      2.  The Board shall not privately reprimand a holder of a

43-5  license.

43-6      3.  An order that imposes discipline and the findings of fact

43-7  and conclusions of law supporting that order are public records.

43-8      Sec. 93.  Chapter 637A of NRS is hereby amended by adding

43-9  thereto a new section to read as follows:

43-10     1.  Except as otherwise provided in this section, a complaint

43-11  filed with the Board, all documents and other information filed

43-12  with the complaint and all documents and other information

43-13  compiled as a result of an investigation conducted to determine

43-14  whether to initiate disciplinary action are confidential.

43-15     2.  The complaint or other document filed by the Board to

43-16  initiate disciplinary action and all documents and information

43-17  considered by the Board when determining whether to impose

43-18  discipline are public records.

43-19     Sec. 94.  NRS 637A.290 is hereby amended to read as follows:

43-20     637A.290  1.  The holder of any license issued by the Board

43-21  whose default has been entered or who has been heard by the Board

43-22  and found guilty of the violation alleged in the complaint may be

43-23  disciplined by the Board by one or more of the following methods:

43-24     (a) Placing the licensee on probation for a period not to exceed 2

43-25  years;

43-26     (b) Suspending the right of the licensee to practice, or the right

43-27  to use a license, for a period not to exceed 3 years;

43-28     (c) Revoking the license;

43-29     (d) Public [or private] reprimand;

43-30     (e) Imposition of an administrative fine not to exceed $5,000

43-31  upon a finding by the Board of more than one violation;

43-32     (f) [Requiring the licensee to pay the costs incurred by the

43-33  Board in investigating and disciplining the licensee;

43-34     (g)] Requiring the licensee to pay restitution to any person who

43-35  has suffered an economic loss as a result of a violation of the

43-36  provisions of this chapter or any regulation adopted by the Board

43-37  pursuant thereto; or

43-38     [(h)] (g) Requiring the licensee to retake and pass the

43-39  examination or otherwise demonstrate that he is qualified and

43-40  competent to practice.

43-41     2.  If a license is suspended, it must be surrendered to the Board

43-42  and returned to the licensee upon termination of the period of

43-43  suspension.

43-44     3.  The Board shall not issue a private reprimand.

44-1      4.  An order that imposes discipline and the findings of fact

44-2  and conclusions of law supporting that order are public records.

44-3      Sec. 95.  Chapter 637B of NRS is hereby amended by adding

44-4  thereto a new section to read as follows:

44-5      1.  Except as otherwise provided in this section, a complaint

44-6  filed with the Board, all documents and other information filed

44-7  with the complaint and all documents and other information

44-8  compiled as a result of an investigation conducted to determine

44-9  whether to initiate disciplinary action are confidential.

44-10     2.  The complaint or other document filed by the Board to

44-11  initiate disciplinary action and all documents and information

44-12  considered by the Board when determining whether to impose

44-13  discipline are public records.

44-14     Sec. 96.  NRS 637B.280 is hereby amended to read as follows:

44-15     637B.280  1.  If, after the hearing, the Board determines that

44-16  the applicant or licensee has committed any act which constitutes

44-17  grounds for disciplinary action, the Board may , in the case of the

44-18  applicant , refuse to issue a license, and in all other cases:

44-19     [1.] (a) Refuse to renew a license;

44-20     [2.] (b) Revoke a license;

44-21     [3.] (c) Suspend a license for a definite time, not to exceed 1

44-22  year;

44-23     [4.] (d) Administer to the licensee a public [or private]

44-24  reprimand; or

44-25     [5.] (e) Impose a civil penalty not to exceed $1,000.

44-26     2.  The Board shall not administer a private reprimand.

44-27     3.  An order that imposes discipline and the findings of fact

44-28  and conclusions of law supporting that order are public records.

44-29     Sec. 97.  Chapter 638 of NRS is hereby amended by adding

44-30  thereto a new section to read as follows:

44-31     1.  Except as otherwise provided in this section, a complaint

44-32  filed with the Board, all documents and other information filed

44-33  with the complaint and all documents and other information

44-34  compiled as a result of an investigation conducted to determine

44-35  whether to initiate disciplinary action are confidential.

44-36     2.  The complaint or other document filed by the Board to

44-37  initiate disciplinary action and all documents and information

44-38  considered by the Board when determining whether to impose

44-39  discipline are public records.

44-40     Sec. 98.  NRS 638.087 is hereby amended to read as follows:

44-41     638.087  1.  The Board shall keep a record of:

44-42     (a) All charges filed against a licensee;

44-43     (b) The proceedings of any formal hearing conducted by the

44-44  Board or a hearing officer;

44-45     (c) Any order filed by the Board; and

45-1      (d) All licenses issued by the Board including the name of the

45-2  holder of the license, his business and residential addresses, the date

45-3  the license was issued and the serial number of the license.

45-4      2.  [The] Except as otherwise provided in section 97 of this

45-5  act, the records of the Board listed in subsection 1 must be open to

45-6  the public at reasonable times and places.

45-7      Sec. 99.  NRS 638.100 is hereby amended to read as follows:

45-8      638.100  1.  Any person who desires to secure a license to

45-9  practice veterinary medicine, surgery, obstetrics or dentistry in the

45-10  State of Nevada must make written application to the Executive

45-11  Director of the Board.

45-12     2.  The application must include the social security number of

45-13  the applicant and any other information required by the Board and

45-14  must be accompanied by satisfactory proof that the applicant:

45-15     (a) Is of good moral character;

45-16     (b) Except as otherwise provided in subsection 3, has received a

45-17  diploma conferring the degree of doctor of veterinary medicine or

45-18  its equivalent from a school of veterinary medicine within the

45-19  United States or Canada or, if the applicant is a graduate of a school

45-20  of veterinary medicine located outside the United States or Canada,

45-21  that he has received an educational certificate issued after

45-22  December 31, 1972, by the Educational [Committee on]

45-23  Commission for Foreign Veterinary Graduates of the American

45-24  Veterinary Medical Association;

45-25     (c) Has passed each examination required by the Board pursuant

45-26  to NRS 638.110; and

45-27     (d) Is a citizen of the United States or is lawfully entitled to

45-28  remain and work in the United States.

45-29     3.  A veterinary student in his final year at a school accredited

45-30  by the American Veterinary Medical Association may submit an

45-31  application to the Board and take the state examination administered

45-32  by the Board, but the Board may not issue him a license until he has

45-33  complied with the requirements of subsection 2.

45-34     4.  The application must be signed by the applicant, notarized

45-35  and accompanied by a fee set by the Board, not to exceed $500.

45-36     5.  The Board may refuse to issue a license upon satisfactory

45-37  proof that the applicant has committed an act which would be a

45-38  ground for disciplinary action if the applicant were a licensee.

45-39     [6.  If an applicant brings a civil action against the Board for

45-40  denial of a license and the decision of the Board is upheld, the

45-41  Board may recover all administrative expenses and attorney’s fees

45-42  and costs incurred by the Board in defending the action brought

45-43  against it.]

 

 

46-1      Sec. 100.  NRS 638.147 is hereby amended to read as follows:

46-2      638.147  1.  If the Board determines that any applicant for a

46-3  license or any person licensed pursuant to this chapter has

46-4  committed any of the acts which are grounds for disciplinary action,

46-5  the Board may:

46-6      [1.] (a) Refuse to issue a license.

46-7      [2.] (b) Refuse to renew a license.

46-8      [3.] (c) Revoke a license.

46-9      [4.] (d) Suspend a license for a definite period or until further

46-10  order of the Board.

46-11     [5.] (e) Impose a fine in an amount not to exceed $10,000 for

46-12  each act which constitutes a ground for disciplinary action.

46-13     [6.] (f) Place a licensee on probation subject to any reasonable

46-14  conditions imposed by the Board, including requiring courses in

46-15  continuing education or a periodic or continuous review of his

46-16  practice.

46-17     [7.] (g) Administer a public [or private reprimand.

46-18     8.] reprimand.

46-19     (h) Limit the practice of the licensee to specified branches of

46-20  veterinary medicine.

46-21     [9.] (i) Require the licensee to take a competency examination

46-22  or a mental or physical examination.

46-23     [10.  Require the licensee to pay all costs incurred by the Board

46-24  in taking disciplinary action against the licensee.]

46-25     2.  The Board shall not administer a private reprimand.

46-26     3.  An order that imposes discipline and the findings of fact

46-27  and conclusions of law supporting that order are public records.

46-28     Sec. 101.  NRS 639.2485 is hereby amended to read as

46-29  follows:

46-30     639.2485  1.  [Any] Except as otherwise provided in this

46-31  section, any records or information obtained during the course of an

46-32  investigation by the Board and any record of the investigation are

46-33  confidential . [until the investigation is completed. Upon completion

46-34  of the investigation the information and records are public records,

46-35  only if:

46-36     (a) Disciplinary action is imposed by the Board as a result of the

46-37  investigation; or

46-38     (b) The person regarding whom the investigation was made

46-39  submits a written request to the Board asking that the information

46-40  and records be made public records.]

46-41     2.  The complaint or other document filed by the Board to

46-42  initiate disciplinary action and all documents and information

46-43  considered by the Board when determining whether to impose

46-44  discipline are public records.

47-1      3.  The Board may disclose to a practitioner and a law

47-2  enforcement agency information concerning a person who procures

47-3  or attempts to procure any dangerous drug or controlled substance in

47-4  violation of NRS 453.391 or 454.311.

47-5      [3.] 4.  If the Board receives a request or subpoena for records

47-6  or information obtained during an investigation by the Board and

47-7  the records or information is not made public pursuant to subsection

47-8  [1,] 2, the Board shall notify the person regarding whom the

47-9  investigation was made of the request or subpoena. If that person

47-10  does not consent in writing to the release of the records or

47-11  information, the Board may release the records or information only

47-12  upon the order of a court of competent jurisdiction.

47-13     Sec. 102.  NRS 639.255 is hereby amended to read as follows:

47-14     639.255  1.  The holder of any certificate, license or permit

47-15  issued by the Board, whose default has been entered or who has

47-16  been heard by the Board and found guilty of the violations alleged

47-17  in the accusation, may be disciplined by the Board by one or more

47-18  of the following methods:

47-19     (a) Suspending judgment;

47-20     (b) Placing the certificate, license or permit holder on probation;

47-21     (c) Suspending the right of a certificate holder to practice, or the

47-22  right to use any license or permit, for a period to be determined by

47-23  the Board;

47-24     (d) Revoking the certificate, license or permit;

47-25     (e) Public reprimand; or

47-26     (f) Imposition of a fine for each count of the accusation, in

47-27  accordance with the schedule of fines established pursuant to

47-28  subsection 3 . [; or

47-29     (g) Requiring the certificate, license or permit holder to pay all

47-30  costs and attorney’s fees incurred by the Board relating to the

47-31  discipline of the person.]

47-32     2.  Such action by the Board is final, except that the propriety of

47-33  such action is subject to review upon questions of law by a court of

47-34  competent jurisdiction.

47-35     3.  The Board shall , by regulation , establish a schedule of fines

47-36  that may be imposed pursuant to paragraph (f) of subsection 1. Each

47-37  fine must be commensurate with the severity of the applicable

47-38  violation, but must not exceed $10,000 for each violation.

47-39     4.  The Board shall not issue a private reprimand.

47-40     5.  An order that imposes discipline and the findings of fact

47-41  and conclusions of law supporting that order are public records.

47-42     Sec. 103.  NRS 640.075 is hereby amended to read as follows:

47-43     640.075  1.  [Any] Except as otherwise provided in this

47-44  section, any records or information obtained during the course of an

47-45  investigation by the Board and any record of the investigation are

48-1  confidential . [until the investigation is completed. Upon completion

48-2  of the investigation the information and records are public records,

48-3  only if:

48-4      (a) Disciplinary action is imposed by the Board as a result of the

48-5  investigation; or

48-6      (b) The person regarding whom the investigation was made

48-7  submits a written request to the Board asking that the information

48-8  and records be made public records.]

48-9      2.  The complaint or other document filed by the Board to

48-10  initiate disciplinary action and all documents and information

48-11  considered by the Board when determining whether to impose

48-12  discipline are public records.

48-13     3.  This section does not prevent or prohibit the Board from

48-14  communicating or cooperating with another licensing board or any

48-15  agency that is investigating a licensee, including a law enforcement

48-16  agency.

48-17     4.  An order that imposes discipline and the findings of fact

48-18  and conclusions of law supporting that order are public records.

48-19     Sec. 104.  NRS 640.160 is hereby amended to read as follows:

48-20     640.160  1.  The Board, after [due] notice and hearing, and

48-21  upon any ground enumerated in subsection 2, may take one or more

48-22  of the following actions:

48-23     (a) Refuse to issue a license or temporary license to any

48-24  applicant.

48-25     (b) Refuse to renew the license or temporary license of any

48-26  person.

48-27     (c) Suspend or revoke the license or temporary license of any

48-28  person.

48-29     (d) Place any person who has been issued a license or temporary

48-30  license on probation.

48-31     (e) Impose an administrative fine which does not exceed $5,000

48-32  on any person who has been issued a license.

48-33     [(f) Require any person who has been issued a license to pay all

48-34  costs incurred by the Board relating to the discipline of the person.]

48-35     2.  The Board may take action pursuant to subsection 1 if an

48-36  applicant or person who has been licensed pursuant to this chapter:

48-37     (a) Is habitually drunk or is addicted to the use of a controlled

48-38  substance.

48-39     (b) Has been convicted of violating any state or federal law

48-40  relating to controlled substances.

48-41     (c) Is, in the judgment of the Board, guilty of immoral or

48-42  unprofessional conduct.

48-43     (d) Has been convicted of any crime involving moral turpitude.

49-1      (e) Has been convicted of violating any of the provisions of

49-2  NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,

49-3  inclusive.

49-4      (f) Is guilty, in the judgment of the Board, of gross negligence in

49-5  his practice as a physical therapist which may be evidenced by

49-6  claims of malpractice settled against a practitioner.

49-7      (g) Has obtained or attempted to obtain a license by fraud or

49-8  material misrepresentation.

49-9      (h) Has been declared insane by a court of competent

49-10  jurisdiction and has not thereafter been lawfully declared sane.

49-11     (i) Has entered into any contract or arrangement which provides

49-12  for the payment of an unearned fee to any person following his

49-13  referral of a patient.

49-14     (j) Has employed as a physical therapist any unlicensed physical

49-15  therapist or physical therapist whose license has been suspended.

49-16     (k) Has had his license to practice physical therapy suspended,

49-17  revoked or in any way limited by another jurisdiction.

49-18     (l) Is determined to be professionally incompetent by the Board.

49-19     (m) Has violated any provision of this chapter or the Board’s

49-20  regulations.

49-21     Sec. 105.  NRS 640A.200 is hereby amended to read as

49-22  follows:

49-23     640A.200  1.  The Board may, after notice and hearing,

49-24  suspend, revoke or refuse to issue or renew a license to practice as

49-25  an occupational therapist or occupational therapy assistant, or may

49-26  impose conditions upon the use of that license, if the Board

49-27  determines that the holder of or applicant for the license is guilty of

49-28  unprofessional conduct which has endangered or is likely to

49-29  endanger the public health, safety or welfare. The Board may

49-30  reinstate a revoked license upon application by the person to whom

49-31  the license was issued not less than 1 year after the license is

49-32  revoked.

49-33     2.  If the Board receives a report pursuant to subsection 5 of

49-34  NRS 228.420, a hearing must be held to consider the report within

49-35  30 days after receiving the report.

49-36     3. An order that imposes discipline and the findings of fact

49-37  and conclusions of law supporting that order are public records.

49-38     4.  As used in this section, “unprofessional conduct” includes:

49-39     (a) The obtaining of a license by fraud or through the

49-40  misrepresentation or concealment of a material fact;

49-41     (b) The conviction of any crime, except a misdemeanor which

49-42  does not involve moral turpitude; and

49-43     (c) The violation of any provision of this chapter or regulation

49-44  of the Board adopted pursuant to this chapter.

50-1      Sec. 106.  NRS 640A.220 is hereby amended to read as

50-2  follows:

50-3      640A.220  [Any]

50-4      1.  Except as otherwise provided in this section, any records or

50-5  information obtained during the course of an investigation by the

50-6  Board are confidential . [until the investigation is completed. Upon

50-7  completion of the investigation, the records and information are

50-8  public records if:

50-9      1.  Disciplinary action is imposed by the Board as a result of the

50-10  investigation; or

50-11     2.  The person under investigation submits a written request to

50-12  the Board asking that the information and records be made]

50-13     2.  The complaint or other document filed by the Board to

50-14  initiate disciplinary action and all documents and information

50-15  considered by the Board when determining whether to impose

50-16  discipline are public records.

50-17     Sec. 107.  NRS 641.090 is hereby amended to read as follows:

50-18     641.090  1.  The Secretary-Treasurer shall make and keep on

50-19  behalf of the Board:

50-20     (a) A record of all its meetings and proceedings.

50-21     (b) A record of all violations and prosecutions under the

50-22  provisions of this chapter.

50-23     (c) A record of all examinations of applicants.

50-24     (d) A register of all licenses.

50-25     (e) A register of all holders of licenses.

50-26     (f) An inventory of the property of the Board and of the State in

50-27  the Board’s possession.

50-28     2.  These records must be kept in the office of the Board and ,

50-29  except as otherwise provided in NRS 641.255, are subject to public

50-30  inspection during normal working hours upon reasonable notice.

50-31     3.  The Board may keep the personnel records of applicants

50-32  confidential.

50-33     Sec. 108.  NRS 641.240 is hereby amended to read as follows:

50-34     641.240  1.  If the Board, a panel of its members or a hearing

50-35  officer appointed by the Board finds the person guilty as charged in

50-36  the complaint, it may:

50-37     [1.] (a) Administer a public [or private reprimand.

50-38     2.] reprimand.

50-39     (b) Limit his practice.

50-40     [3.] (c) Suspend his license for a period of not more than 1 year.

50-41     [4.] (d) Revoke his license.

50-42     [5.] (e) Impose a fine of not more than $5,000.

50-43     [6.] (f) Revoke or suspend his license and impose a monetary

50-44  penalty.

51-1      [7.] (g) Suspend the enforcement of any penalty by placing him

51-2  on probation. The Board may revoke the probation if the person

51-3  does not follow any conditions imposed.

51-4      [8.] (h) Require the person to submit to the supervision of or

51-5  counseling or treatment by a person designated by the Board. The

51-6  person named in the complaint is responsible for any expense

51-7  incurred.

51-8      [9.] (i) Impose and modify any conditions of probation for the

51-9  protection of the public or the rehabilitation of the probationer.

51-10     [10.] (j) Require the person to pay for the costs of remediation

51-11  or restitution.

51-12     [11.  Assess the costs of the disciplinary proceedings, including

51-13  any investigations.]

51-14     2.  The Board shall not administer a private reprimand.

51-15     3.  An order that imposes discipline and the findings of fact

51-16  and conclusions of law supporting that order are public records.

51-17     Sec. 109.  NRS 641.255 is hereby amended to read as follows:

51-18     641.255  [All]

51-19     1.  Except as otherwise provided in subsection 2, all

51-20  complaints filed with the Board , all information relating to a

51-21  complaint and all information relating to an investigation

51-22  conducted to determine whether to initiate disciplinary action are

51-23  confidential, except to the extent necessary for the conduct of an

51-24  investigation . [, until the Board determines whether to proceed with

51-25  any action authorized under this chapter. If the Board proceeds with

51-26  any action, confidentiality is no longer required.]

51-27     2.  The complaint or other document filed by the Board to

51-28  initiate disciplinary action and all documents and information

51-29  considered by the Board when determining whether to impose

51-30  discipline are public records.

51-31     Sec. 110.  NRS 641A.191 is hereby amended to read as

51-32  follows:

51-33     641A.191  1.  [Any] Except as otherwise provided in this

51-34  section, any records or information obtained during the course of an

51-35  investigation by the Board and any record of the investigation are

51-36  confidential . [until the investigation is completed. Except as

51-37  otherwise provided in NRS 641A.315, upon completion of the

51-38  investigation the information and records are public records, only if:

51-39     (a) Disciplinary action is imposed by the Board as a result of the

51-40  investigation; or

51-41     (b) The person regarding whom the investigation was made

51-42  submits a written request to the Board asking that the information

51-43  and records be made public records.]

51-44     2.  The complaint or other document filed by the Board to

51-45  initiate disciplinary action and all documents and information

52-1  considered by the Board when determining whether to impose

52-2  discipline are public records.

52-3      3.  This section does not prohibit the Board from

52-4  communicating or cooperating with any other licensing board or

52-5  agency or any agency which is investigating a licensee, including a

52-6  law enforcement agency.

52-7      Sec. 111.  NRS 641A.320 is hereby amended to read as

52-8  follows:

52-9      641A.320  1.  The Board may discipline the holder of any

52-10  license whose default has been entered or who has been heard by the

52-11  Board and found guilty, by any of the following methods:

52-12     [1.] (a) Placing him upon probation for a period to be

52-13  determined by the Board.

52-14     [2.] (b) Suspending his license for not more than 1 year.

52-15     [3.] (c) Revoking his license.

52-16     [4.] (d) Administering a [private or] public reprimand.

52-17     [5.] (e) Limiting his practice.

52-18     [6.] (f) Imposing an administrative fine of not more than

52-19  $5,000.

52-20     [7.] (g) Requiring him to complete successfully another

52-21  examination.

52-22     [8.  Requiring him to pay the costs incurred by the Board to

52-23  conduct the hearing.]

52-24     2.  The Board shall not administer a private reprimand.

52-25     3.  An order that imposes discipline and the findings of fact

52-26  and conclusions of law supporting that order are public records.

52-27     Sec. 112.  NRS 641B.430 is hereby amended to read as

52-28  follows:

52-29     641B.430  1.  The defendant licensee must be accorded the

52-30  right to appear at the hearing of a complaint conducted by the Board

52-31  in person and through the representation of legal counsel. He must

52-32  be given adequate opportunity to confront the witnesses against him,

52-33  testify and introduce the testimony of witnesses in his behalf and

52-34  submit arguments and briefs in person or through his counsel. The

52-35  Board shall make and announce its decision as soon as practicable.

52-36     2.  The failure of the person charged to attend his hearing or

52-37  defend himself must not delay and does not void the proceedings.

52-38  The Board may, for good cause shown, continue any hearing from

52-39  time to time.

52-40     3.  If the Board finds the person guilty as charged in the

52-41  complaint, it may by order:

52-42     (a) Place the person on probation for a specified period or until

52-43  further order of the Board.

52-44     (b) Administer to the person a public [or private] reprimand.

53-1      (c) Limit the practice of the person to, or by exclusion of, one or

53-2  more specified branches of social work.

53-3      (d) Suspend the license of the person to practice social work for

53-4  a specified period or until further order of the Board.

53-5      (e) Revoke the license of the person to practice social work.

53-6      (f) Impose a fine of not more than $5,000, which must be

53-7  deposited with the State Treasurer for credit to the State General

53-8  Fund.

53-9      [(g) Require the person to pay all costs incurred by the Board

53-10  relating to the discipline of the person.]

53-11  The order of the Board may contain other terms, provisions or

53-12  conditions as the Board deems proper and which are not inconsistent

53-13  with law.

53-14     4.  The Board shall not administer a private reprimand.

53-15     5.  An order that imposes discipline and the findings of fact

53-16  and conclusions of law supporting that order are public records.

53-17     Sec. 113.  NRS 641C.720 is hereby amended to read as

53-18  follows:

53-19     641C.720  1.  The Board or any of its members who become

53-20  aware of any ground for initiating disciplinary action against a

53-21  person engaging in the practice of counseling alcohol and drug

53-22  abusers in this state shall, and any other person who is so aware

53-23  may, file a written complaint specifying the relevant facts with the

53-24  Board. The complaint must specifically charge one or more of the

53-25  grounds for initiating disciplinary action.

53-26     2.  As soon as practicable after the filing of the complaint, the

53-27  Board shall set a date for a hearing thereon. The date must not be

53-28  earlier than 30 days after the complaint is filed, except that the date

53-29  may be changed upon agreement of the parties. The Board shall

53-30  immediately notify the licensed or certified counselor or certified

53-31  intern of the complaint and the date and place set for the hearing. A

53-32  copy of the complaint must be attached to the notice.

53-33     3.  The failure of the licensed or certified counselor or certified

53-34  intern to appear at the hearing does not delay or void the proceeding.

53-35     4.  The Board may, for good cause, continue a hearing from

53-36  time to time.

53-37     5.  If, after notice and a hearing, the Board determines that the

53-38  licensed or certified counselor or certified intern has violated a

53-39  provision of this chapter or any regulation adopted pursuant to this

53-40  chapter, it may:

53-41     (a) Administer a public [or private] reprimand;

53-42     (b) Suspend his license or certificate and impose conditions for

53-43  the removal of the suspension;

53-44     (c) Revoke his license or certificate and prescribe the

53-45  requirements for the reinstatement of the license or certificate;

54-1      (d) If he is a licensed or certified counselor, require him to be

54-2  supervised by another person while he engages in the practice of

54-3  counseling alcohol and drug abusers;

54-4      (e) Require him to participate in treatment or counseling and pay

54-5  the expenses of that treatment or counseling;

54-6      (f) Require him to pay restitution to any person adversely

54-7  affected by his acts or omissions;

54-8      (g) Impose a fine of not more than $5,000; or

54-9      (h) [Require him to pay the costs of the Board for the

54-10  investigation and hearing; or

54-11     (i)] Take any combination of the actions authorized by

54-12  paragraphs (a) to [(h),] (g), inclusive.

54-13     6.  If his license or certificate is revoked or suspended pursuant

54-14  to subsection 5, the licensed or certified counselor or certified intern

54-15  may apply to the Board for a rehearing within 10 days after the

54-16  license or certificate is revoked or suspended. The licensed or

54-17  certified counselor or certified intern may apply to the Board for

54-18  reinstatement of his revoked license or certificate not earlier than 1

54-19  year after the license or certificate is revoked. The Board may

54-20  accept or reject the application and may require the successful

54-21  completion of an examination as a condition of reinstatement of the

54-22  license or certificate.

54-23     7.  The Board shall not administer a private reprimand.

54-24     8.  An order that imposes discipline and the findings of fact

54-25  and conclusions of law supporting that order are public records.

54-26     Sec. 114.  NRS 641C.760 is hereby amended to read as

54-27  follows:

54-28     641C.760  1.  [Any] Except as otherwise provided in this

54-29  section, any records or information obtained during the course of an

54-30  investigation by the Board and any record of the investigation are

54-31  confidential . [until the investigation is completed. Upon completion

54-32  of the investigation, the information and records are public records

54-33  if:

54-34     (a) Disciplinary action is imposed by the Board as a result of the

54-35  investigation; or

54-36     (b) The person regarding whom the investigation was made

54-37  submits a written request to the Board asking that the information

54-38  and records be made public records.]

54-39     2.  The complaint or other document filed by the Board to

54-40  initiate disciplinary action and all documents and information

54-41  considered by the Board when determining whether to impose

54-42  discipline are public records.

54-43     3.  If the Board receives a request or subpoena for records or

54-44  information obtained during an investigation by the Board and the

54-45  records or information is not made public pursuant to subsection [1,]

55-1  2, the Board shall notify the person regarding whom the

55-2  investigation was made of the request or subpoena. If that person

55-3  does not consent in writing to the release of the records or

55-4  information, the Board may release the records or information only

55-5  upon the order of a court of competent jurisdiction.

55-6      Sec. 115.  Chapter 642 of NRS is hereby amended by adding

55-7  thereto a new section to read as follows:

55-8      1.  Except as otherwise provided in this section, a complaint

55-9  filed with the Board, all documents and other information filed

55-10  with the complaint and all documents and other information

55-11  compiled as a result of an investigation conducted to determine

55-12  whether to initiate disciplinary action are confidential.

55-13     2.  The complaint or other document filed by the Board to

55-14  initiate disciplinary action and all documents and information

55-15  considered by the Board when determining whether to impose

55-16  discipline are public records.

55-17     Sec. 116.  NRS 642.135 is hereby amended to read as follows:

55-18     642.135  1.  If the Board determines that a person who is

55-19  licensed to practice the profession of embalming pursuant to this

55-20  chapter has committed any of the acts set forth in NRS 642.130, the

55-21  Board may:

55-22     [1.] (a) Refuse to renew his license;

55-23     [2.] (b) Revoke his license;

55-24     [3.] (c) Suspend his license for a definite period or until further

55-25  order of the Board;

55-26     [4.] (d) Impose a fine of not more than $5,000 for each act

55-27  which constitutes a ground for disciplinary action;

55-28     [5.] (e) Place him on probation for a definite period subject to

55-29  any reasonable conditions imposed by the Board;

55-30     [6.] (f) Administer a public [or private reprimand;

55-31     7.  Require him to pay the costs incurred by the Board in taking

55-32  disciplinary action against him; or

55-33     8.] reprimand; or

55-34     (g) Impose any combination of disciplinary actions set forth in

55-35  this section.

55-36     2.  The Board shall not administer a private reprimand.

55-37     3.  An order that imposes discipline and the findings of fact

55-38  and conclusions of law supporting that order are public records.

55-39     Sec. 117.  NRS 642.473 is hereby amended to read as follows:

55-40     642.473  1.  If the Board determines that a person who holds a

55-41  funeral director’s license, a permit to operate a funeral establishment

55-42  or a license to conduct direct cremations or immediate burials has

55-43  committed any of the acts set forth in NRS 642.470, the Board may:

55-44     (a) Refuse to renew his license or permit;

55-45     (b) Revoke his license or permit;

56-1      (c) Suspend his license or permit for a definite period or until

56-2  further order of the Board;

56-3      (d) Impose a fine of not more than $5,000 for each act that

56-4  constitutes a ground for disciplinary action;

56-5      (e) Place him on probation for a definite period subject to any

56-6  reasonable conditions imposed by the Board;

56-7      (f) Administer a public [or private] reprimand; or

56-8      (g) [Require him to pay the costs incurred by the Board in taking

56-9  disciplinary action against him; or

56-10     (h)] Impose any combination of disciplinary actions set forth in

56-11  paragraphs (a) to [(g),] (f), inclusive.

56-12     2.  Before the Board may refuse to renew, or suspend or revoke

56-13  a license or permit for any of the acts set forth in NRS 642.470, the

56-14  Board shall give at least 10 days’ notice in writing to the licensee or

56-15  holder of the permit. The notice must contain a brief statement of

56-16  the reasons for the proposed action of the Board and designate a

56-17  time and place for a hearing before any final action is taken.

56-18     3.  The Board shall not administer a private reprimand.

56-19     4.  An order that imposes discipline and the findings of fact

56-20  and conclusions of law supporting that order are public records.

56-21     Sec. 118.  Chapter 643 of NRS is hereby amended by adding

56-22  thereto a new section to read as follows:

56-23     1.  Except as otherwise provided in this section, a complaint

56-24  filed with the Board, all documents and other information filed

56-25  with the complaint and all documents and other information

56-26  compiled as a result of an investigation conducted to determine

56-27  whether to initiate disciplinary action are confidential.

56-28     2.  The complaint or other document filed by the Board to

56-29  initiate disciplinary action and all documents and information

56-30  considered by the Board when determining whether to impose

56-31  discipline are public records.

56-32     Sec. 119.  NRS 643.185 is hereby amended to read as follows:

56-33     643.185  1.  The following are grounds for disciplinary action

56-34  by the Board:

56-35     (a) Violation by any person licensed pursuant to the provisions

56-36  of this chapter of any provision of this chapter or the regulations

56-37  adopted by the Board.

56-38     (b) Conviction of a felony.

56-39     (c) Malpractice or incompetency.

56-40     (d) Continued practice by a person knowingly having an

56-41  infectious or contagious disease.

56-42     (e) Advertising, practicing or attempting to practice under

56-43  another’s name or trade name.

56-44     (f) Drunkenness or addiction to a controlled substance.

57-1      2.  If the Board determines that a violation of this section has

57-2  occurred, it may:

57-3      (a) Refuse to issue or renew a license;

57-4      (b) Revoke or suspend a license; and

57-5      (c) Impose a fine of not more than $1,000 . [; and

57-6      (d) Require the person to pay all costs incurred by the Board

57-7  relating to the discipline of the person.]

57-8      3.  An order that imposes discipline and the findings of fact

57-9  and conclusions of law supporting that order are public records.

57-10     Sec. 120.  Chapter 644 of NRS is hereby amended by adding

57-11  thereto a new section to read as follows:

57-12     1.  Except as otherwise provided in this section, a complaint

57-13  filed with the Board, all documents and other information filed

57-14  with the complaint and all documents and other information

57-15  compiled as a result of an investigation conducted to determine

57-16  whether to initiate disciplinary action are confidential.

57-17     2.  The complaint or other document filed by the Board to

57-18  initiate disciplinary action and all documents and information

57-19  considered by the Board when determining whether to impose

57-20  discipline are public records.

57-21     Sec. 121.  NRS 644.080 is hereby amended to read as follows:

57-22     644.080  The Board:

57-23     1.  Shall prescribe the duties of its officers, examiners and

57-24  employees, and fix the compensation of those employees.

57-25     2.  May establish offices in as many localities in the State as it

57-26  finds necessary to carry out the provisions of this chapter. All

57-27  records and files of the Board must be kept at the main office of the

57-28  Board and , except as otherwise provided in section 120 of this act,

57-29  be open to public inspection at all reasonable hours.

57-30     3.  May adopt a seal.

57-31     4.  May issue subpoenas to compel the attendance of witnesses

57-32  and the production of books and papers.

57-33     Sec. 122.  NRS 644.430 is hereby amended to read as follows:

57-34     644.430  1.  The following are grounds for disciplinary action

57-35  by the Board:

57-36     (a) Failure of an owner of a cosmetological establishment, a

57-37  licensed aesthetician, cosmetologist, hair designer, electrologist,

57-38  instructor, manicurist, demonstrator of cosmetics or school of

57-39  cosmetology, or a cosmetologist’s apprentice to comply with the

57-40  requirements of this chapter or the applicable regulations adopted by

57-41  the Board.

57-42     (b) Obtaining practice in cosmetology or any branch thereof, for

57-43  money or any thing of value, by fraudulent misrepresentation.

57-44     (c) Gross malpractice.

58-1      (d) Continued practice by a person knowingly having an

58-2  infectious or contagious disease.

58-3      (e) Drunkenness or the use or possession, or both, of a

58-4  controlled substance or dangerous drug without a prescription, while

58-5  engaged in the practice of cosmetology.

58-6      (f ) Advertisement by means of knowingly false or deceptive

58-7  statements.

58-8      (g) Permitting a license to be used where the holder thereof is

58-9  not personally, actively and continuously engaged in business.

58-10     (h) Failure to display the license as provided in NRS 644.290,

58-11  644.360 and 644.410.

58-12     (i) Entering, by a school of cosmetology, into an unconscionable

58-13  contract with a student of cosmetology.

58-14     (j ) Continued practice of cosmetology or operation of a

58-15  cosmetological establishment or school of cosmetology after the

58-16  license therefor has expired.

58-17     (k) Any other unfair or unjust practice, method or dealing

58-18  which, in the judgment of the Board, may justify such action.

58-19     2.  If the Board determines that a violation of this section has

58-20  occurred, it may:

58-21     (a) Refuse to issue or renew a license;

58-22     (b) Revoke or suspend a license;

58-23     (c) Place the licensee on probation for a specified period; or

58-24     (d) Impose a fine not to exceed $1,000.

58-25     3.  An order that imposes discipline and the findings of fact

58-26  and conclusions of law supporting that order are public records.

58-27     Sec. 123.  Chapter 645 of NRS is hereby amended by adding

58-28  thereto a new section to read as follows:

58-29     1.  Except as otherwise provided in this section, a complaint

58-30  filed with the Commission alleging a violation of this chapter, all

58-31  documents and other information filed with the complaint and all

58-32  documents and other information compiled as a result of an

58-33  investigation conducted to determine whether to initiate

58-34  disciplinary action are confidential.

58-35     2.  The complaint or other document filed by the Commission

58-36  to initiate disciplinary action and all documents and information

58-37  considered by the Commission when determining whether to

58-38  impose discipline are public records.

58-39     Sec. 124.  NRS 645.180 is hereby amended to read as follows:

58-40     645.180  1.  The Division shall adopt a seal by which it shall

58-41  authenticate its proceedings.

58-42     2.  [Records] Except as otherwise provided in section 123 of

58-43  this act, records kept in the office of the Division under authority of

58-44  this chapter are open to public inspection under regulations adopted

59-1  by the [Real Estate] Division, except that the Division may refuse to

59-2  make public, unless ordered to do so by a court:

59-3      (a) Real estate brokers’ and real estate salesmen’s examinations;

59-4  and

59-5      (b) [Files compiled by the Division while investigating possible

59-6  violations of this chapter or chapter 119 of NRS; and

59-7      (c)] The criminal and financial records of licensees, applicants

59-8  for licenses and owner-developers.

59-9      3.  Copies of all records and papers in the office of the Division,

59-10  certified and authenticated by the seal of the Division, must be

59-11  received in evidence in all courts equally and with like effect as the

59-12  originals.

59-13     Sec. 125.  NRS 645.630 is hereby amended to read as follows:

59-14     645.630  1.  The Commission may require a licensee, property

59-15  manager or owner-developer to pay an administrative fine of not

59-16  more than $5,000 for each violation he commits or suspend, revoke,

59-17  deny the renewal of or place conditions upon his license, permit or

59-18  registration, or impose any combination of those actions, at any time

59-19  if the licensee, property-manager or owner-developer has, by false

59-20  or fraudulent representation, obtained a license, permit or

59-21  registration, or the licensee, property manager or owner-developer,

59-22  whether or not acting as such, is found guilty of:

59-23     [1.] (a) Making any material misrepresentation.

59-24     [2.] (b) Making any false promises of a character likely to

59-25  influence, persuade or induce.

59-26     [3.] (c) Accepting a commission or valuable consideration as a

59-27  real estate broker-salesman or salesman for the performance of any

59-28  of the acts specified in this chapter or chapter 119 or 119A of NRS

59-29  from any person except the licensed real estate broker with whom he

59-30  is associated or the owner-developer by whom he is employed.

59-31     [4.] (d) Representing or attempting to represent a real estate

59-32  broker other than the broker with whom he is associated, without the

59-33  express knowledge and consent of the broker with whom he is

59-34  associated.

59-35     [5.] (e) Failing to maintain, for review and audit by the

59-36  Division, each brokerage agreement governed by the provisions of

59-37  this chapter and entered into by the licensee.

59-38     [6.] (f) Failing, within a reasonable time, to account for or to

59-39  remit any money which comes into his possession and which

59-40  belongs to others.

59-41     [7.] (g) If he is required to maintain a trust account:

59-42     [(a)] (1) Failing to balance the trust account at least monthly;

59-43  and

59-44     [(b)] (2) Failing to submit to the Division an annual accounting

59-45  of the trust account as required in NRS 645.310.

60-1      [8.] (h) Commingling the money or other property of his clients

60-2  with his own or converting the money of others to his own use.

60-3      [9.] (i) In the case of a broker-salesman or salesman, failing to

60-4  place in the custody of his licensed broker or owner-developer, as

60-5  soon as possible, any deposit or other money or consideration

60-6  entrusted to him by any person dealing with him as the

60-7  representative of his licensed broker.

60-8      [10.] (j) Accepting other than cash as earnest money unless that

60-9  fact is communicated to the owner before his acceptance of the offer

60-10  to purchase and that fact is shown in the receipt for the earnest

60-11  money.

60-12     [11.] (k) Upon acceptance of an agreement, in the case of a

60-13  broker, failing to deposit any check or cash received as earnest

60-14  money before the end of the next banking day unless otherwise

60-15  provided in the purchase agreement.

60-16     [12.] (l) Inducing any party to a brokerage agreement, sale or

60-17  lease to break it in order to substitute a new brokerage agreement,

60-18  agreement of sale or lease with the same or another party if the

60-19  inducement to make the substitution is offered to secure personal

60-20  gain to the licensee or owner-developer.

60-21  [If discipline is imposed pursuant to this section, the costs of the

60-22  proceeding, including investigative costs and attorney’s fees, may

60-23  be recovered by the Board.]

60-24     2.  An order that imposes discipline and the findings of fact

60-25  and conclusions of law supporting that order are public records.

60-26     Sec. 126.  NRS 645.990 is hereby amended to read as follows:

60-27     645.990  1.  A person who:

60-28     (a) Obtains or attempts to obtain a license pursuant to this

60-29  chapter by means of intentional misrepresentation, deceit or fraud;

60-30  or

60-31     (b) Sells or attempts to sell in this state any interest in real

60-32  property by means of intentional misrepresentation, deceit or

60-33  fraud,

60-34  is guilty of a category D felony and shall be punished as provided in

60-35  NRS 193.130. In addition to any other penalty, the court shall order

60-36  the person to pay restitution.

60-37     2.  Any licensee, permittee or owner-developer who commits an

60-38  act described in NRS 645.630, 645.633 or 645.635 shall be punished

60-39  by a fine of not more than $5,000 for each offense.

60-40     3.  A person who violates any other provision of this chapter, if

60-41  a natural person, is guilty of a gross misdemeanor, and if a limited-

60-42  liability company, partnership, association or corporation, shall be

60-43  punished by a fine of not more than $2,500.

60-44     4.  Any officer or agent of a corporation, or member or agent of

60-45  a limited-liability company, partnership or association, who

61-1  personally participates in or is an accessory to any violation of this

61-2  chapter by the limited-liability company, partnership, association or

61-3  corporation, is subject to the penalties prescribed in this section for

61-4  natural persons.

61-5      5.  The provisions of this section do not release a person from

61-6  civil liability or criminal prosecution pursuant to the general laws of

61-7  this state.

61-8      6.  The Administrator may prefer a complaint for violation of

61-9  NRS 645.230 before any court of competent jurisdiction and may

61-10  take the necessary legal steps through the proper legal officers of

61-11  this state to enforce the provisions thereof.

61-12     7.  Any court of competent jurisdiction may try any violation of

61-13  this chapter, and upon conviction, the court may revoke or suspend

61-14  the license of the person so convicted, in addition to imposing the

61-15  other penalties provided in this section.

61-16     [8.  If discipline is imposed pursuant to this section, the costs of

61-17  the proceeding, including investigative costs and attorney’s fees,

61-18  may be recovered by the Administrator.]

61-19     Sec. 127.  Chapter 645A of NRS is hereby amended by adding

61-20  thereto a new section to read as follows:

61-21     1.  Except as otherwise provided in this section, a complaint

61-22  filed with the Commissioner, all documents and other information

61-23  filed with the complaint and all documents and other information

61-24  compiled as a result of the investigation conducted to determine

61-25  whether to initiate disciplinary action are confidential.

61-26     2.  The complaint or other document filed by the

61-27  Commissioner to initiate disciplinary action and all documents

61-28  and information considered by the Commissioner when

61-29  determining whether to impose discipline are public records.

61-30     Sec. 128.  NRS 645A.050 is hereby amended to read as

61-31  follows:

61-32     645A.050  1.  Subject to the administrative control of the

61-33  Director of the Department of Business and Industry, the

61-34  Commissioner shall exercise general supervision and control over

61-35  escrow agents and agencies doing business in the State of Nevada.

61-36     2.  In addition to the other duties imposed upon him by law, the

61-37  Commissioner shall:

61-38     (a) Adopt such regulations as may be necessary for making this

61-39  chapter effective.

61-40     (b) Conduct or cause to be conducted each year an examination

61-41  of each escrow agency licensed pursuant to this chapter.

61-42     (c) Conduct such investigations as may be necessary to

61-43  determine whether any person has violated any provision of this

61-44  chapter.

62-1      (d) Conduct such examinations, investigations and hearings, in

62-2  addition to those specifically provided for by law, as may be

62-3  necessary and proper for the efficient administration of the laws of

62-4  this state relating to escrow.

62-5      (e) Classify as confidential the financial statements of an escrow

62-6  agency and those records and information obtained by the Division

62-7  which:

62-8          (1) Are obtained from a governmental agency upon the

62-9  express condition that they remain confidential.

62-10         (2) [Consist] Except as otherwise provided in section 127 of

62-11  this act, consist of information compiled by the Division in the

62-12  investigation of possible violations of this chapter.

62-13  This paragraph does not limit examination by the Legislative

62-14  Auditor or any other person pursuant to a court order.

62-15     3.  An escrow agency may engage a certified public accountant

62-16  to perform such an examination in lieu of the Division. In such a

62-17  case, the examination must be equivalent to the type of examination

62-18  made by the Division and the expense must be borne by the escrow

62-19  agency being examined.

62-20     4.  The Commissioner shall determine whether an examination

62-21  performed by an accountant pursuant to subsection 3 is equivalent to

62-22  an examination conducted by the Division. The Commissioner may

62-23  examine any area of the operation of an escrow agency if the

62-24  Commissioner determines that the examination of that area is not

62-25  equivalent to an examination conducted by the Division.

62-26     Sec. 129.  NRS 645A.090 is hereby amended to read as

62-27  follows:

62-28     645A.090  1.  The Commissioner may refuse to license any

62-29  escrow agent or agency or may suspend or revoke any license or

62-30  impose a fine of not more than $500 for each violation by entering

62-31  an order to that effect, with his findings in respect thereto, if upon a

62-32  hearing, it is determined that the applicant or licensee:

62-33     (a) In the case of an escrow agency, is insolvent;

62-34     (b) Has violated any provision of this chapter or any regulation

62-35  adopted pursuant thereto or has aided and abetted another to do so;

62-36     (c) In the case of an escrow agency, is in such a financial

62-37  condition that he cannot continue in business with safety to his

62-38  customers;

62-39     (d) Has committed fraud in connection with any transaction

62-40  governed by this chapter;

62-41     (e) Has intentionally or knowingly made any misrepresentation

62-42  or false statement to, or concealed any essential or material fact

62-43  from, any principal or designated agent of a principal in the course

62-44  of the escrow business;

63-1      (f) Has intentionally or knowingly made or caused to be made to

63-2  the Commissioner any false representation of a material fact or has

63-3  suppressed or withheld from the Commissioner any information

63-4  which the applicant or licensee possesses;

63-5      (g) Has failed without reasonable cause to furnish to the parties

63-6  of an escrow their respective statements of the settlement within a

63-7  reasonable time after the close of escrow;

63-8      (h) Has failed without reasonable cause to deliver, within a

63-9  reasonable time after the close of escrow, to the respective parties of

63-10  an escrow transaction any money, documents or other properties

63-11  held in escrow in violation of the provisions of the escrow

63-12  instructions;

63-13     (i) Has refused to permit an examination by the Commissioner

63-14  of his books and affairs or has refused or failed, within a reasonable

63-15  time, to furnish any information or make any report that may be

63-16  required by the Commissioner pursuant to the provisions of this

63-17  chapter;

63-18     (j) Has been convicted of a felony or any misdemeanor of which

63-19  an essential element is fraud;

63-20     (k) In the case of an escrow agency, has failed to maintain

63-21  complete and accurate records of all transactions within the last 6

63-22  years;

63-23     (l) Has commingled the money of others with his own or

63-24  converted the money of others to his own use;

63-25     (m) Has failed, before the close of escrow, to obtain written

63-26  escrow instructions concerning any essential or material fact or

63-27  intentionally failed to follow the written instructions which have

63-28  been agreed upon by the parties and accepted by the holder of the

63-29  escrow;

63-30     (n) Has failed to disclose in writing that he is acting in the dual

63-31  capacity of escrow agent or agency and undisclosed principal in any

63-32  transaction; or

63-33     (o) In the case of an escrow agency, has:

63-34         (1) Failed to maintain adequate supervision of an escrow

63-35  agent; or

63-36         (2) Instructed an escrow agent to commit an act which would

63-37  be cause for the revocation of the escrow agent’s license and the

63-38  escrow agent committed the act. An escrow agent is not subject to

63-39  disciplinary action for committing such an act under instruction by

63-40  the escrow agency.

63-41     2.  It is sufficient cause for the imposition of a fine or the

63-42  refusal, suspension or revocation of the license of a partnership,

63-43  corporation or any other association that any member of the

63-44  partnership or any officer or director of the corporation or

63-45  association has been guilty of any act or omission which would be

64-1  cause for such action had the applicant or licensee been a natural

64-2  person.

64-3      3.  The Commissioner may suspend any license for not more

64-4  than 30 days, pending a hearing, if upon examination into the affairs

64-5  of the licensee it is determined that any of the grounds enumerated

64-6  in subsection 1 or 2 exist.

64-7      4.  The Commissioner may refuse to issue a license to any

64-8  person who, within 10 years before the date of applying for a current

64-9  license, has had suspended or revoked a license issued pursuant to

64-10  this chapter or a comparable license issued by any other state,

64-11  district or territory of the United States or any foreign country.

64-12     5.  An order that imposes discipline and the findings of fact

64-13  and conclusions of law supporting that order are public records.

64-14     Sec. 130.  Chapter 645B of NRS is hereby amended by adding

64-15  thereto a new section to read as follows:

64-16     1.  Except as otherwise provided in this section, a complaint

64-17  filed with the Commissioner, all documents and other information

64-18  filed with the complaint and all documents and other information

64-19  compiled as a result of an investigation conducted to determine

64-20  whether to initiate disciplinary action are confidential.

64-21     2.  The complaint or other document filed by the

64-22  Commissioner to initiate disciplinary action and all documents

64-23  and information considered by the Commissioner when

64-24  determining whether to impose discipline are public records.

64-25     3.  An order that imposes discipline and the findings of fact

64-26  and conclusions of law supporting that order are public records.

64-27     Sec. 131.  NRS 645B.070 is hereby amended to read as

64-28  follows:

64-29     645B.070  1.  In the conduct of any examination, periodic or

64-30  special audit, investigation or hearing, the Commissioner may:

64-31     (a) Compel the attendance of any person by subpoena.

64-32     (b) Administer oaths.

64-33     (c) Examine any person under oath concerning the business and

64-34  conduct of affairs of any person subject to the provisions of this

64-35  chapter and in connection therewith require the production of any

64-36  books, records or papers relevant to the inquiry.

64-37     2.  Any person subpoenaed under the provisions of this section

64-38  who willfully refuses or willfully neglects to appear at the time and

64-39  place named in the subpoena or to produce books, records or papers

64-40  required by the Commissioner, or who refuses to be sworn or

64-41  answer as a witness, is guilty of a misdemeanor and shall be

64-42  punished as provided in NRS 645B.950.

64-43     3.  [The] In addition to the authority to recover attorney’s fees

64-44  and costs pursuant to any other statute, the Commissioner may

64-45  assess against and collect from a person all costs, including, without

65-1  limitation, reasonable attorney’s fees, that are attributable to any

65-2  examination, periodic or special audit, investigation or hearing that

65-3  is conducted to examine or investigate the conduct, activities or

65-4  business of the person pursuant to this chapter.

65-5      Sec. 132.  NRS 645B.090 is hereby amended to read as

65-6  follows:

65-7      645B.090  1.  Except as otherwise provided in this section or

65-8  by specific statute, all papers, documents, reports and other written

65-9  instruments filed with the Commissioner pursuant to this chapter are

65-10  open to public inspection.

65-11     2.  Except as otherwise provided in subsection 3, the

65-12  Commissioner may withhold from public inspection or refuse to

65-13  disclose to a person, for such time as the Commissioner considers

65-14  necessary, any information that, in his judgment, would:

65-15     (a) Impede or otherwise interfere with an investigation that is

65-16  currently pending against a mortgage broker;

65-17     (b) Have an undesirable effect on the welfare of the public or the

65-18  welfare of any mortgage broker or mortgage agent; or

65-19     (c) Give any mortgage broker a competitive advantage over any

65-20  other mortgage broker.

65-21     3.  [The] Except as otherwise provided in section 130 of this

65-22  act, the Commissioner shall disclose the following information

65-23  concerning a mortgage broker to any person who requests it:

65-24     (a) The findings and results of any investigation which has been

65-25  completed during the immediately preceding 5 years against the

65-26  mortgage broker pursuant to the provisions of this chapter and

65-27  which has resulted in a finding by the Commissioner that the

65-28  mortgage broker committed a violation of a provision of this

65-29  chapter, a regulation adopted pursuant to this chapter or an order of

65-30  the Commissioner; and

65-31     (b) The nature of any disciplinary action that has been taken

65-32  during the immediately preceding 5 years against the mortgage

65-33  broker pursuant to the provisions of this chapter.

65-34     Sec. 133.  NRS 645B.610 is hereby amended to read as

65-35  follows:

65-36     645B.610  1.  If a person properly files a complaint with the

65-37  Commissioner pursuant to NRS 645B.600, the Commissioner shall

65-38  investigate each violation alleged in the complaint, unless the

65-39  Commissioner has previously investigated the alleged violation.

65-40     2.  Except as otherwise provided in subsection 2 of NRS

65-41  645B.090, if the Commissioner does not conduct an investigation of

65-42  an alleged violation pursuant to subsection 1 because he previously

65-43  has investigated the alleged violation, the Commissioner shall

65-44  provide to the person who filed the complaint a written summary of

66-1  the previous investigation and the nature of any disciplinary action

66-2  that was taken as a result of the previous investigation.

66-3      3.  If the Commissioner conducts an investigation of an alleged

66-4  violation pursuant to subsection 1, the Commissioner shall

66-5  determine from the investigation whether there is reasonable cause

66-6  to believe that the person committed the alleged violation.

66-7      4.  If, upon investigation, the Commissioner determines that

66-8  there is not reasonable cause to believe that the person committed

66-9  the alleged violation, the Commissioner shall provide the reason for

66-10  his determination, in writing, to the person who filed the complaint

66-11  and to the person alleged to have committed the violation.

66-12     5.  Except as otherwise provided in subsection 6, if, upon

66-13  investigation, the Commissioner determines that there is reasonable

66-14  cause to believe that the person committed the alleged violation, the

66-15  Commissioner shall:

66-16     (a) Schedule a hearing concerning the alleged violation;

66-17     (b) Mail to the last known address of the person who filed the

66-18  complaint written notice that must include, without limitation:

66-19         (1) The date, time and place of the hearing; and

66-20         (2) A statement of each alleged violation that will be

66-21  considered at the hearing; and

66-22     (c) By personal service in accordance with the Nevada Rules of

66-23  Civil Procedure and any applicable provision of NRS, serve written

66-24  notice of the hearing to the person alleged to have committed the

66-25  violation. The written notice that is served pursuant to this

66-26  paragraph must include, without limitation:

66-27         (1) The date, time and place of the hearing;

66-28         (2) A copy of the complaint and a statement of each alleged

66-29  violation that will be considered at the hearing; and

66-30         (3) A statement informing the person that, pursuant to NRS

66-31  645B.760, if he fails to appear, without reasonable cause, at the

66-32  hearing:

66-33             (I) He is guilty of a misdemeanor; and

66-34             (II) The Commissioner is authorized to conduct the

66-35  hearing in his absence, draw any conclusions that the Commissioner

66-36  deems appropriate from his failure to appear and render a decision

66-37  concerning each alleged violation.

66-38     6.  [The Commissioner is not required to schedule or conduct a

66-39  hearing concerning an alleged violation pursuant to subsection 5 if

66-40  the Commissioner and the person alleged to have committed the

66-41  violation enter] If the Commissioner enters into a written consent

66-42  agreement settling or resolving the alleged violation , [. If such a

66-43  written consent agreement is executed,] the Commissioner shall

66-44  provide a copy of the written consent agreement to the person who

66-45  filed the complaint.

67-1      7.  The Commissioner may:

67-2      (a) Investigate and conduct a hearing concerning any alleged

67-3  violation, whether or not a complaint has been filed.

67-4      (b) Hear and consider more than one alleged violation against a

67-5  person at the same hearing.

67-6      Sec. 134.  Chapter 645C of NRS is hereby amended by adding

67-7  thereto a new section to read as follows:

67-8      1.  Except as otherwise provided in this section, a complaint

67-9  filed with the Commission, all documents and other information

67-10  filed with the complaint and all documents and other information

67-11  compiled as a result of an investigation conducted to determine

67-12  whether to initiate disciplinary action are confidential.

67-13     2.  The complaint or other document filed by the Commission

67-14  to initiate disciplinary action and all documents and information

67-15  considered by the Commission when determining whether to

67-16  impose discipline are public records.

67-17     Sec. 135.  NRS 645C.220 is hereby amended to read as

67-18  follows:

67-19     645C.220  1.  The Division shall maintain a record of:

67-20     (a) Persons whose applications for a certificate, license or

67-21  registration card have been denied;

67-22     (b) Investigations conducted by it which result in the initiation

67-23  of formal disciplinary proceedings;

67-24     (c) Formal disciplinary proceedings; and

67-25     (d) Rulings or decisions upon complaints filed with it.

67-26     2.  Except as otherwise provided in this section, and section

67-27  134 of this act, records kept in the office of the Division pursuant to

67-28  this chapter are open to the public for inspection pursuant to

67-29  regulations adopted by the Commission. The Division may keep

67-30  confidential, unless otherwise ordered by a court:

67-31     (a) Examinations for a certificate or license; and

67-32     (b) [Information obtained by the Division while investigating

67-33  alleged violations of this chapter; and

67-34     (c)] The criminal and financial records of an appraiser or intern,

67-35  or an applicant for a certificate, license or registration card.

67-36     Sec. 136.  NRS 645C.460 is hereby amended to read as

67-37  follows:

67-38     645C.460  1.  Grounds for disciplinary action against a

67-39  certified or licensed appraiser or registered intern include:

67-40     (a) Unprofessional conduct;

67-41     (b) Professional incompetence;

67-42     (c) A criminal conviction for a felony or any offense involving

67-43  moral turpitude; and

68-1      (d) The suspension or revocation of a registration card,

68-2  certificate, license or permit to act as an appraiser in any other

68-3  jurisdiction.

68-4      2.  If grounds for disciplinary action against an appraiser or

68-5  intern exist, the Commission may do one or more of the following:

68-6      (a) Revoke or suspend his certificate, license or registration

68-7  card.

68-8      (b) Place conditions upon his certificate, license or registration

68-9  card, or upon the reissuance of a certificate, license or registration

68-10  card revoked pursuant to this section.

68-11     (c) Deny the renewal of his certificate, license or registration

68-12  card.

68-13     (d) Impose a fine of not more than $1,000 for each violation.

68-14     3.  If a certificate, license or registration card is revoked by the

68-15  Commission, another certificate, license or registration card must

68-16  not be issued to the same appraiser or intern for at least 1 year after

68-17  the date of the revocation, or at any time thereafter except in the sole

68-18  discretion of the Administrator, and then only if the appraiser or

68-19  intern satisfies all the requirements for an original certificate, license

68-20  or registration card.

68-21     4.  [If discipline is imposed pursuant to this section, the costs of

68-22  the proceeding, including investigative costs and attorney’s fees,

68-23  may be recovered by the Commission.] An order that imposes

68-24  discipline and the findings of fact and conclusions of law

68-25  supporting that order are public records.

68-26     Sec. 137.  Chapter 645D of NRS is hereby amended by adding

68-27  thereto a new section to read as follows:

68-28     1.  Except as otherwise provided in this section, a complaint

68-29  filed with the Division, all documents and other information filed

68-30  with the complaint and all documents and other information

68-31  compiled as a result of an investigation conducted to determine

68-32  whether to initiate disciplinary action are confidential.

68-33     2.  The complaint or other document filed by the Division to

68-34  initiate disciplinary action and all documents and information

68-35  considered by the Division when determining whether to impose

68-36  discipline are public records.

68-37     Sec. 138.  NRS 645D.130 is hereby amended to read as

68-38  follows:

68-39     645D.130  1.  The Division shall maintain a record of:

68-40     (a) Persons from whom it receives applications for a certificate;

68-41     (b) Investigations conducted by it that result in the initiation of

68-42  formal disciplinary proceedings;

68-43     (c) Formal disciplinary proceedings; and

68-44     (d) Rulings or decisions upon complaints filed with it.

69-1      2.  Except as otherwise provided in this section [,] and section

69-2  137 of this act, records kept in the office of the Division pursuant to

69-3  this chapter are open to the public for inspection pursuant to

69-4  regulations adopted by the Division. The Division shall keep

69-5  confidential, unless otherwise ordered by a court[:

69-6      (a) Information obtained by the Division while investigating

69-7  alleged violations of this chapter; and

69-8      (b) The] , the criminal and financial records of an inspector or of

69-9  an applicant for a certificate.

69-10     Sec. 139.  NRS 645D.700 is hereby amended to read as

69-11  follows:

69-12     645D.700  1.  Grounds for disciplinary action against a

69-13  certified inspector are:

69-14     (a) Unprofessional conduct;

69-15     (b) Professional incompetence; and

69-16     (c) A criminal conviction for a felony or any offense involving

69-17  moral turpitude.

69-18     2.  If grounds for disciplinary action against a certified

69-19  inspector exist, the Division may, after providing the inspector with

69-20  notice and an opportunity for a hearing, do one or more of the

69-21  following:

69-22     (a) Revoke or suspend his certificate.

69-23     (b) Place conditions upon his certificate or upon the reissuance

69-24  of a certificate revoked pursuant to this section.

69-25     (c) Deny the renewal of his certificate

69-26     (d) Impose a fine of not more than $1,000 for each violation.

69-27     3.  If a certificate is revoked by the Division, another certificate

69-28  must not be issued to the same inspector for at least 1 year after the

69-29  date of the revocation, or at any time thereafter except in the sole

69-30  discretion of the Administrator, and then only if the inspector

69-31  satisfies the requirements for an original certificate.

69-32     4.  An order that imposes discipline and the findings of fact

69-33  and conclusions of law supporting that order are public records.

69-34     Sec. 140.  Chapter 645E of NRS is hereby amended by adding

69-35  thereto a new section to read as follows:

69-36     1.  Except as otherwise provided in this section, a complaint

69-37  filed with the Commissioner, all documents and other information

69-38  filed with the complaint and all documents and other information

69-39  compiled as a result of an investigation conducted to determine

69-40  whether to initiate disciplinary action are confidential.

69-41     2.  The complaint or other document filed by the

69-42  Commissioner to initiate disciplinary action and all documents

69-43  and information considered by the Commissioner when

69-44  determining whether to impose discipline are public records.

70-1      Sec. 141.  NRS 645E.310 is hereby amended to read as

70-2  follows:

70-3      645E.310  1.  In the conduct of any examination, periodic or

70-4  special audit, investigation or hearing, the Commissioner may:

70-5      (a) Compel the attendance of any person by subpoena.

70-6      (b) Administer oaths.

70-7      (c) Examine any person under oath concerning the business and

70-8  conduct of affairs of any person subject to the provisions of this

70-9  chapter and , in connection therewith , require the production of any

70-10  books, records or papers relevant to the inquiry.

70-11     2.  Any person subpoenaed under the provisions of this section

70-12  who willfully refuses or willfully neglects to appear at the time and

70-13  place named in the subpoena or to produce books, records or papers

70-14  required by the Commissioner, or who refuses to be sworn or

70-15  answer as a witness, is guilty of a misdemeanor.

70-16     3.  [The] In addition to the authority to recover attorney’s fees

70-17  and costs pursuant to any other statute, the Commissioner may

70-18  assess against and collect from a person all costs, including, without

70-19  limitation, reasonable attorney’s fees, that are attributable to any

70-20  examination, periodic or special audit, investigation or hearing that

70-21  is conducted to examine or investigate the conduct, activities or

70-22  business of the person pursuant to this chapter.

70-23     Sec. 142.  NRS 645E.670 is hereby amended to read as

70-24  follows:

70-25     645E.670  1.  For each violation committed by an applicant,

70-26  whether or not he is issued a license, the Commissioner may impose

70-27  upon the applicant an administrative fine of not more than $10,000,

70-28  if the applicant:

70-29     (a) Has knowingly made or caused to be made to the

70-30  Commissioner any false representation of material fact;

70-31     (b) Has suppressed or withheld from the Commissioner any

70-32  information which the applicant possesses and which, if submitted

70-33  by him, would have rendered the applicant ineligible to be licensed

70-34  pursuant to the provisions of this chapter; or

70-35     (c) Has violated any provision of this chapter, a regulation

70-36  adopted pursuant to this chapter or an order of the Commissioner in

70-37  completing and filing his application for a license or during the

70-38  course of the investigation of his application for a license.

70-39     2.  For each violation committed by a licensee, the

70-40  Commissioner may impose upon the licensee an administrative fine

70-41  of not more than $10,000, may suspend, revoke or place conditions

70-42  upon his license, or may do both, if the licensee, whether or not

70-43  acting as such:

70-44     (a) Is insolvent;

71-1      (b) Is grossly negligent or incompetent in performing any act for

71-2  which he is required to be licensed pursuant to the provisions of this

71-3  chapter;

71-4      (c) Does not conduct his business in accordance with law or has

71-5  violated any provision of this chapter, a regulation adopted pursuant

71-6  to this chapter or an order of the Commissioner;

71-7      (d) Is in such financial condition that he cannot continue in

71-8  business with safety to his customers;

71-9      (e) Has made a material misrepresentation in connection with

71-10  any transaction governed by this chapter;

71-11     (f) Has suppressed or withheld from a client any material facts,

71-12  data or other information relating to any transaction governed by the

71-13  provisions of this chapter which the licensee knew or, by the

71-14  exercise of reasonable diligence, should have known;

71-15     (g) Has knowingly made or caused to be made to the

71-16  Commissioner any false representation of material fact or has

71-17  suppressed or withheld from the Commissioner any information

71-18  which the licensee possesses and which, if submitted by him, would

71-19  have rendered the licensee ineligible to be licensed pursuant to the

71-20  provisions of this chapter;

71-21     (h) Has failed to account to persons interested for all money

71-22  received for a trust account;

71-23     (i) Has refused to permit an examination by the Commissioner

71-24  of his books and affairs or has refused or failed, within a reasonable

71-25  time, to furnish any information or make any report that may be

71-26  required by the Commissioner pursuant to the provisions of this

71-27  chapter or a regulation adopted pursuant to this chapter;

71-28     (j) Has been convicted of, or entered a plea of nolo contendere

71-29  to, a felony or any crime involving fraud, misrepresentation or

71-30  moral turpitude;

71-31     (k) Has refused or failed to pay, within a reasonable time, any

71-32  fees, assessments, costs or expenses that the licensee is required to

71-33  pay pursuant to this chapter or a regulation adopted pursuant to this

71-34  chapter;

71-35     (l) Has failed to satisfy a claim made by a client which has been

71-36  reduced to judgment;

71-37     (m) Has failed to account for or to remit any money of a client

71-38  within a reasonable time after a request for an accounting or

71-39  remittal;

71-40     (n) Has commingled the money or other property of a client

71-41  with his own or has converted the money or property of others to his

71-42  own use; or

71-43     (o) Has engaged in any other conduct constituting a deceitful,

71-44  fraudulent or dishonest business practice.

72-1      3.  An order that imposes discipline and the findings of fact

72-2  and conclusions of law supporting that order are public records.

72-3      Sec. 143.  NRS 648.034 is hereby amended to read as follows:

72-4      648.034  1.  [Any] Except as otherwise provided in this

72-5  section, any records or information obtained during the course of an

72-6  investigation of a licensee by the Board and any record of the

72-7  investigation are confidential . [until the investigation is completed.

72-8  Upon completion of the investigation the information and records

72-9  are public records, only if:

72-10     (a) Disciplinary action is imposed by the Board as a result of the

72-11  investigation; or

72-12     (b) The person regarding whom the investigation was made

72-13  submits a written request to the Board asking that the information

72-14  and records be made public records.]

72-15     2.  The complaint or other document filed by the Board to

72-16  initiate disciplinary action and all documents and information

72-17  considered by the Board when determining whether to impose

72-18  discipline are public records.

72-19     3.  This section does not prevent or prohibit the Board from

72-20  communicating or cooperating with another licensing board or any

72-21  agency that is investigating a licensee, including a law enforcement

72-22  agency.

72-23     Sec. 144.  NRS 648.175 is hereby amended to read as follows:

72-24     648.175  1.  If, after a hearing, the Board finds that cause

72-25  exists, the Board may:

72-26     [1.] (a) Revoke the license of the licensee.

72-27     [2.] (b) Suspend the license of the licensee for not more than 1

72-28  year for each violation.

72-29     [3.] (c) Fine the licensee not more than $5,000 for each

72-30  violation.

72-31     [4.] (d) Suspend an order authorized by this section upon such

72-32  terms and conditions as the Board considers appropriate.

72-33     [5.] (e) Place the licensee on probation for not more than 2

72-34  years upon such terms and conditions as the Board considers

72-35  appropriate.

72-36     [6.  Publicly or privately]

72-37     (f) Publicly reprimand the licensee.

72-38     [7.] (g) Affirm, modify or vacate the penalty imposed by a

72-39  notice of violation.

72-40     [8.  Require the licensee to pay all costs incurred by the Board

72-41  relating to the discipline of the licensee.]

72-42     2.  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. 145.  Chapter 649 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. 146.  NRS 649.395 is hereby amended to read as follows:

73-13     649.395  1.  The Commissioner may impose an administrative

73-14  fine, not to exceed $500 for each violation, or suspend or revoke the

73-15  license of a collection agency, or both impose a fine and suspend or

73-16  revoke the license, by an order made in writing and filed in his

73-17  office and served on the licensee by registered or certified mail at

73-18  the address shown in the records of the Commissioner, if:

73-19     (a) The licensee is adjudged liable in any court of law for breach

73-20  of any bond given under the provisions of this chapter; or

73-21     (b) After notice and hearing, the licensee is found guilty of:

73-22         (1) Fraud or misrepresentation;

73-23         (2) An act or omission inconsistent with the faithful

73-24  discharge of his duties and obligations; or

73-25         (3) A violation of any provision of this chapter.

73-26     2.  The Commissioner may suspend or revoke the license of a

73-27  collection agency without notice and hearing if:

73-28     (a) The suspension or revocation is necessary for the immediate

73-29  protection of the public; and

73-30     (b) The licensee is afforded a hearing to contest the suspension

73-31  or revocation within 20 days after the written order of suspension or

73-32  revocation is served upon the licensee.

73-33     3.  Upon revocation of his license, all rights of the licensee

73-34  under this chapter terminate, and no application may be received

73-35  from any person whose license has once been revoked.

73-36     4.  An order that imposes discipline and the findings of fact

73-37  and conclusions of law supporting that order are public records.

73-38     Sec. 147.  Chapter 652 of NRS is hereby amended by adding

73-39  thereto a new section to read as follows:

73-40     1.  Except as otherwise provided in this section, a complaint

73-41  filed with the Board, all documents and other information filed

73-42  with the complaint and all documents and other information

73-43  compiled as a result of an investigation conducted to determine

73-44  whether to initiate disciplinary action are confidential.

74-1      2.  The complaint or other document filed by the Board to

74-2  initiate disciplinary action and all documents and information

74-3  considered by the Board when determining whether to impose

74-4  discipline are public records.

74-5      3.  An order that imposes discipline and the findings of fact

74-6  and conclusions of law supporting that order are public records.

74-7      Sec. 148.  Chapter 654 of NRS is hereby amended by adding

74-8  thereto a new section to read as follows:

74-9      1.  Except as otherwise provided in this section, a complaint

74-10  filed with the Board, all documents and other information filed

74-11  with the complaint and all documents and other information

74-12  compiled as a result of an investigation conducted to determine

74-13  whether to initiate disciplinary action are confidential.

74-14     2.  The complaint or other document filed by the Board to

74-15  initiate disciplinary action and all documents and information

74-16  considered by the Board when determining whether to impose

74-17  discipline are public records.

74-18     Sec. 149.  NRS 654.110 is hereby amended to read as follows:

74-19     654.110  1.  The Board shall:

74-20     (a) Develop, impose and enforce standards which must be met

74-21  by persons to receive licenses as nursing facility administrators or

74-22  administrators of residential facilities for groups. The standards

74-23  must be designed to ensure that nursing facility administrators or

74-24  persons acting as administrators of residential facilities for groups

74-25  will be persons who are of good character and otherwise suitable,

74-26  and who, by training or experience in their respective fields of

74-27  administering health care facilities, are qualified to serve as nursing

74-28  facility administrators or administrators of residential facilities for

74-29  groups.

74-30     (b) Develop and apply appropriate techniques, including

74-31  examinations and investigations, for determining whether a person

74-32  meets those standards.

74-33     (c) Issue licenses to persons determined, after the application of

74-34  appropriate techniques, to meet those standards.

74-35     (d) Revoke or suspend licenses previously issued by the Board

74-36  in any case if the person holding the license is determined

74-37  substantially to have failed to conform to the requirements of the

74-38  standards.

74-39     (e) Establish and carry out procedures designed to ensure that

74-40  persons licensed as nursing facility administrators or administrators

74-41  of residential facilities for groups will, during any period they serve

74-42  as such, comply with the requirements of the standards.

74-43     (f) Receive, investigate and take appropriate action with respect

74-44  to any charge or complaint filed with the Board to the effect that any

74-45  person licensed as a nursing facility administrator or an

75-1  administrator of a residential facility for groups has failed to comply

75-2  with the requirements of the standards. The Board shall initiate an

75-3  investigation of any charge or complaint filed with the Board within

75-4  30 days after receiving the charge or complaint.

75-5      (g) Conduct a continuing study of:

75-6          (1) Facilities for skilled nursing, facilities for intermediate

75-7  care and their administrators; and

75-8          (2) Residential facilities for groups and their

75-9  administrators,

75-10  with a view to the improvement of the standards imposed for the

75-11  licensing of administrators and of procedures and methods for the

75-12  enforcement of the standards.

75-13     (h) Conduct or approve, or both, a program of training and

75-14  instruction designed to enable all persons to obtain the qualifications

75-15  necessary to meet the standards set by the Board for qualification as

75-16  a nursing facility administrator or an administrator of a residential

75-17  facility for groups.

75-18     2.  All the records kept by the Board, not otherwise privileged

75-19  [,] or confidential, are public records.

75-20     Sec. 150.  NRS 654.190 is hereby amended to read as follows:

75-21     654.190  1.  The Board may, after notice and hearing, impose

75-22  an administrative fine of not more than $2,500 on and suspend or

75-23  revoke the license of any nursing facility administrator or

75-24  administrator of a residential facility for groups who:

75-25     (a) Is convicted of a felony, or of any offense involving moral

75-26  turpitude.

75-27     (b) Has obtained his license by the use of fraud or deceit.

75-28     (c) Violates any of the provisions of this chapter.

75-29     (d) Aids or abets any person in the violation of any of the

75-30  provisions of NRS 449.001 to 449.240, inclusive, as those

75-31  provisions pertain to a facility for skilled nursing, facility for

75-32  intermediate care or residential facility for groups.

75-33     (e) Violates any regulation of the Board prescribing additional

75-34  standards of conduct for nursing facility administrators or

75-35  administrators of residential facilities for groups.

75-36     2.  The Board shall give a licensee against whom proceedings

75-37  are brought pursuant to this section written notice of a hearing not

75-38  less than 10 days before the date of the hearing.

75-39     3.  [If discipline is imposed pursuant to this section, the costs of

75-40  the proceeding, including investigative costs and attorney’s fees,

75-41  may be recovered by the Board.] An order that imposes discipline

75-42  and the findings of fact and conclusions of law supporting that

75-43  order are public records.

 

 

76-1      Sec. 151.  Chapter 656 of NRS is hereby amended by adding

76-2  thereto a new section to read as follows:

76-3      1.  Except as otherwise provided in this section, a complaint

76-4  filed with the Board, all documents and other information filed

76-5  with the complaint and all documents and other information

76-6  compiled as a result of an investigation conducted to determine

76-7  whether to initiate disciplinary action are confidential.

76-8      2.  The complaint or other document filed by the Board to

76-9  initiate disciplinary action and all documents and information

76-10  considered by the Board when determining whether to impose

76-11  discipline are public records.

76-12     3.  An order that imposes discipline and the findings of fact

76-13  and conclusions of law supporting that order are public records.

76-14     Sec. 152.  NRS 7.085 is hereby amended to read as follows:

76-15     7.085  1.  If a court finds that an attorney has:

76-16     [1.] (a) Filed, maintained or defended a civil action or

76-17  proceeding in any court in this state and such action or defense is

76-18  not well-grounded in fact or is not warranted by existing law or by

76-19  an argument for changing the existing law that is made in good

76-20  faith; or

76-21     [2.] (b) Unreasonably and vexatiously extended a civil action or

76-22  proceeding before any court in this state,

76-23  the court shall require the attorney personally to pay the additional

76-24  costs, expenses and attorney’s fees reasonably incurred because of

76-25  such conduct.

76-26     2.  The court shall liberally construe the provisions of this

76-27  section in favor of awarding costs, expenses and attorney’s fees in

76-28  all appropriate situations. It is the intent of the Legislature that the

76-29  court award costs, expenses and attorney’s fees pursuant to this

76-30  section and impose sanctions pursuant to Rule 11 of the Nevada

76-31  Rules of Civil Procedure in all appropriate situations to punish for

76-32  and deter frivolous or vexatious claims and defenses because such

76-33  claims and defenses overburden limited judicial resources, hinder

76-34  the timely resolution of meritorious claims and increase the costs

76-35  of engaging in business and providing professional services to the

76-36  public.

76-37     Sec. 153.  NRS 18.010 is hereby amended to read as follows:

76-38     18.010  1.  The compensation of an attorney and counselor for

76-39  his services is governed by agreement, express or implied, which is

76-40  not restrained by law.

76-41     2.  In addition to the cases where an allowance is authorized by

76-42  specific statute, the court may make an allowance of attorney’s fees

76-43  to a prevailing party:

76-44     (a) When he has not recovered more than $20,000; or

77-1      (b) Without regard to the recovery sought, when the court finds

77-2  that the claim, counterclaim, cross-claim or third-party complaint or

77-3  defense of the opposing party was brought or maintained without

77-4  reasonable ground or to harass the prevailing party. The court shall

77-5  liberally construe the provisions of this paragraph in favor of

77-6  awarding attorney’s fees in all appropriate situations. It is the

77-7  intent of the Legislature that the court award attorney’s fees

77-8  pursuant to this paragraph and impose sanctions pursuant to Rule

77-9  11 of the Nevada Rules of Civil Procedure in all appropriate

77-10  situations to punish for and deter frivolous or vexatious claims

77-11  and defenses because such claims and defenses overburden

77-12  limited judicial resources, hinder the timely resolution of

77-13  meritorious claims and increase the costs of engaging in business

77-14  and providing professional services to the public.

77-15     3.  In awarding attorney’s fees, the court may pronounce its

77-16  decision on the fees at the conclusion of the trial or special

77-17  proceeding without written motion and with or without presentation

77-18  of additional evidence.

77-19     4.  Subsections 2 and 3 do not apply to any action arising out of

77-20  a written instrument or agreement which entitles the prevailing party

77-21  to an award of reasonable attorney’s fees.

77-22     Sec. 154.  NRS 41A.081 is hereby amended to read as follows:

77-23     41A.081  1.  In an action for medical malpractice or dental

77-24  malpractice, all the parties to the action, the insurers of the

77-25  respective parties and the attorneys of the respective parties shall

77-26  attend and participate in a settlement conference before a district

77-27  judge, other than the judge assigned to the action, to ascertain

77-28  whether the action may be settled by the parties before trial.

77-29     2.  The judge before whom the settlement conference is held:

77-30     (a) May, for good cause shown, waive the attendance of any

77-31  party.

77-32     (b) Shall decide what information the parties may submit at the

77-33  settlement conference.

77-34     3.  The judge shall notify the parties of the time and place of the

77-35  settlement conference.

77-36     4.  The failure of any party, his insurer or his attorney to

77-37  participate in good faith in the settlement conference is grounds for

77-38  sanctions , including, without limitation, monetary sanctions,

77-39  against the party or his attorney, or both. The judges of the district

77-40  courts shall liberally construe the provisions of this subsection in

77-41  favor of imposing sanctions in all appropriate situations. It is the

77-42  intent of the Legislature that the judges of the district courts

77-43  impose sanctions pursuant to this subsection in all appropriate

77-44  situations to punish for and deter conduct which is not undertaken

77-45  in good faith because such conduct overburdens limited judicial

78-1  resources, hinders the timely resolution of meritorious claims and

78-2  increases the costs of engaging in business and providing

78-3  professional services to the public.

78-4      Sec. 155. NRS 686B.070 is hereby amended to read as

78-5  follows:

78-6      686B.070  1.  Every authorized insurer and every rate service

78-7  organization licensed under NRS 686B.130 which has been

78-8  designated by any insurer for the filing of rates under subsection 2

78-9  of NRS 686B.090 shall file with the Commissioner all:

78-10     [1.] (a) Rates and proposed increases thereto;

78-11     [2.] (b) Forms of policies to which the rates apply;

78-12     [3.] (c) Supplementary rate information; and

78-13     [4.] (d) Changes and amendments thereof,

78-14  made by it for use in this state.

78-15     2.  Except as otherwise provided in this section and NRS

78-16  686B.110, if a proposed increase or decrease in the rate of any

78-17  kind or line of insurance does not change by more than 7 percent

78-18  the total average premium required to be paid by persons insured

78-19  by the insurer for that particular line or kind of insurance during

78-20  the 12 months immediately preceding the proposed increase or

78-21  decrease, the insurer shall file the information required by

78-22  subsection 1 and the supporting data required to be filed pursuant

78-23  to NRS 686B.100 on or before the date on which the changes are

78-24  to become effective. The provisions of this subsection do not apply

78-25  if the Commissioner has determined that the market is not

78-26  competitive or if the Commissioner has made any of the other

78-27  determinations described in subsection 1 of NRS 686B.110.

78-28     3.  In a competitive market, if the Commissioner determines

78-29  that the rates of an insurer require closer supervision by the

78-30  Commissioner because of the financial condition of the insurer or

78-31  because the insurer has engaged in rating practices which are

78-32  unfairly discriminatory, the Commissioner may require the

78-33  insurer to file the information required by subsection 1 and the

78-34  supporting data required to be filed pursuant to NRS 686B.100 at

78-35  least 60 days before the rates become effective or may subject the

78-36  rates to review pursuant to NRS 686B.110.

78-37     4.  The Commissioner shall review filings made pursuant to

78-38  this section as soon as practicable to:

78-39     (a) Ensure the sufficiency of the financial condition of the

78-40  insurer; and

78-41     (b) Determine whether the insurer has engaged in rating

78-42  practices which are unfairly discriminatory.

78-43     5.  Rates for title insurance and individual health insurance

78-44  must be approved by the Commissioner pursuant to NRS 686B.110

78-45  before the insurer may use the rates.

79-1      Sec. 156.  NRS 686B.110 is hereby amended to read as

79-2  follows:

79-3      686B.110  1.  [The] If the Commissioner has determined

79-4  that:

79-5      (a) The market is not competitive;

79-6      (b) Pursuant to NRS 686B.180, essential insurance coverage is

79-7  not readily available in a voluntary market;

79-8      (c) Pursuant to NRS 686B.070, the rates of the insurer require

79-9  closer supervision and that the rates are subject to review pursuant

79-10  to this section;

79-11     (d) A proposed increase or decrease in the rate of any kind or

79-12  line of insurance changes by more than 7 percent the total average

79-13  premium required to be paid by persons insured by the insurer for

79-14  that particular line or kind of insurance during the 12 months

79-15  immediately preceding the proposed increase or decrease; or

79-16     (e) The rate is for title insurance or individual health

79-17  insurance,

79-18  the Commissioner shall consider each proposed increase or decrease

79-19  in the rate of any kind or line of insurance or subdivision thereof

79-20  filed with him pursuant to NRS 686B.070. If the Commissioner

79-21  finds that a proposed increase will result in a rate which is not in

79-22  compliance with NRS 686B.050, he shall disapprove the proposal.

79-23  The Commissioner shall approve or disapprove each proposal [no]

79-24  not later than 60 days after it is determined by him to be complete

79-25  pursuant to subsection 4. If the Commissioner fails to approve or

79-26  disapprove the proposal within that period, the proposal shall be

79-27  deemed approved.

79-28     2.  Whenever an insurer has no legally effective rates as a result

79-29  of the Commissioner’s disapproval of rates or other act, the

79-30  Commissioner shall , on request , specify interim rates for the

79-31  insurer that are high enough to protect the interests of all parties and

79-32  may order that a specified portion of the premiums be placed in an

79-33  escrow account approved by him. When new rates become legally

79-34  effective, the Commissioner shall order the escrowed [funds] money

79-35  or any overcharge in the interim rates to be distributed

79-36  appropriately, except that refunds to policyholders that are de

79-37  minimis must not be required.

79-38     3.  If the Commissioner disapproves a proposed rate and an

79-39  insurer requests a hearing to determine the validity of his action, the

79-40  insurer has the burden of showing compliance with the applicable

79-41  standards for rates established in NRS 686B.010 to 686B.1799,

79-42  inclusive. Any such hearing must be held:

79-43     (a) Within 30 days after the request for a hearing has been

79-44  submitted to the Commissioner; or

80-1      (b) Within a period agreed upon by the insurer and the

80-2  Commissioner.

80-3  If the hearing is not held within the period specified in paragraph (a)

80-4  or (b), or if the Commissioner fails to issue an order concerning the

80-5  proposed rate for which the hearing is held within 45 days after the

80-6  hearing, the proposed rate shall be deemed approved.

80-7      4.  The Commissioner shall by regulation specify the

80-8  documents or any other information which must be included in a

80-9  proposal to increase or decrease a rate submitted to him pursuant to

80-10  [subsection 1.] NRS 686B.070. Each such proposal shall be deemed

80-11  complete upon its filing with the Commissioner, unless the

80-12  Commissioner, within 15 business days after the proposal is filed

80-13  with him, determines that the proposal is incomplete because the

80-14  proposal does not comply with the regulations adopted by him

80-15  pursuant to this subsection.

80-16     5.  If the Commissioner finds that a rate no longer meets the

80-17  requirements of this chapter, the Commissioner may order the

80-18  discontinuance of the rate. An order for the discontinuance of a

80-19  rate may be issued only after a hearing with at least 10 days’

80-20  notice for all insurers and rate organizations that would be

80-21  affected by such an order. The order must be in writing and

80-22  include, without limitation:

80-23     (a) The grounds pursuant to which the order was issued;

80-24     (b) The date on which the order to discontinue the rate

80-25  becomes effective; and

80-26     (c) The date, within a reasonable time after the date on which

80-27  the order becomes effective, on which the order will expire.

80-28  An order for the discontinuance of a rate does not affect any

80-29  contract or policy made or issued before the date on which the

80-30  order becomes effective.

80-31     Sec. 157.  Chapter 690B of NRS is hereby amended by adding

80-32  thereto the provisions set forth as sections 158 to 175, inclusive, of

80-33  this act.

80-34     Sec. 158.  As used in sections 158 to 165, inclusive, of this

80-35  act, unless the context otherwise requires, the words and terms

80-36  defined in sections 159 to 162, inclusive, of this act have the

80-37  meanings ascribed to them in those sections.

80-38     Sec. 159.  “Claims-made policy” means a policy of

80-39  professional liability insurance that provides coverage only for

80-40  claims that arise from incidents or events which occur while the

80-41  policy is in force and which are reported to the insurer while the

80-42  policy is in force.

80-43     Sec. 160.  “Extended reporting endorsement” means an

80-44  endorsement to a claims-made policy which requires the payment

80-45  of a separate premium and which provides coverage for claims

81-1  that arise from incidents or events which occur while the claims-

81-2  made policy is in force but which are reported to the insurer after

81-3  the claims-made policy is terminated.

81-4      Sec. 161. “Practitioner” means a practitioner who provides

81-5  health care.

81-6      Sec. 162. “Professional liability insurance” means a policy

81-7  of insurance covering the liability of a practitioner for a breach of

81-8  his professional duty toward a patient.

81-9      Sec. 163.  1.  If an insurer offers to issue a claims-made

81-10  policy to a practitioner licensed pursuant to chapters 630 to 640,

81-11  inclusive, of NRS, the insurer shall:

81-12     (a) Offer to issue to the practitioner an extended reporting

81-13  endorsement without a time limitation for reporting a claim.

81-14     (b) Disclose to the practitioner the premium for the extended

81-15  reporting endorsement and the cost formula that the insurer uses

81-16  to determine the premium for the extended reporting endorsement.

81-17     (c) Disclose to the practitioner the portion of the premium

81-18  attributable to funding the extended reporting endorsement

81-19  offered at no additional cost to the practitioner in the event of the

81-20  practitioner’s death, disability or retirement, if such a benefit is

81-21  offered.

81-22     (d) Disclose to the practitioner the vesting requirements for the

81-23  extended reporting endorsement offered at no additional cost to

81-24  the practitioner in the event of the practitioner’s death or

81-25  retirement, if such a benefit is offered. If such a benefit is not

81-26  offered, the absence of such a benefit must be disclosed.

81-27     (e) Include, as part of the insurance contract, language which

81-28  must be approved by the Commissioner and which must be

81-29  substantially similar to the following:

 

81-30  If we adopt any revision that would broaden the

81-31  coverage under this policy without any additional

81-32  premium either within the policy period or within 60

81-33  days before the policy period, the broadened coverage

81-34  will immediately apply to this policy.

 

81-35     2.  The disclosures required by subsection 1 must be made as

81-36  part of the offer and acceptance at the inception of the policy and

81-37  again at each renewal in the form of an endorsement attached to

81-38  the insurance contract and approved by the Commissioner.

81-39     3.  The requirements set forth in this section are in addition to

81-40  the requirements set forth in section 12 of Senate Bill No. 122 of

81-41  this session.

81-42     Sec. 164. 1.  In each rating plan of an insurer that issues a

81-43  policy of professional liability insurance to a practitioner licensed

82-1  pursuant to chapter 630 or 633 of NRS, the insurer shall provide

82-2  for a reduction in the premium for the policy if the practitioner

82-3  implements a qualified risk management system. The amount of

82-4  the reduction in the premium must be determined by the

82-5  Commissioner in accordance with the applicable standards for

82-6  rates established in NRS 686B.010 to 686B.1799, inclusive.

82-7      2.  A qualified risk management system must comply with all

82-8  requirements established by the Commissioner.

82-9      3.  The Commissioner shall adopt regulations to:

82-10     (a) Establish the requirements for a qualified risk

82-11  management system; and

82-12     (b) Carry out the provisions of this section.

82-13     4.  The provisions of this section apply to all rating plans

82-14  which an insurer that issues a policy of professional liability

82-15  insurance to a practitioner licensed pursuant to chapter 630 or

82-16  633 of NRS files with the Commissioner on and after the effective

82-17  date of the regulations adopted by the Commissioner pursuant to

82-18  this section.

82-19     Sec. 165. 1.  On an annual basis, the Commissioner shall,

82-20  pursuant to subsection 1 of NRS 680A.290, request each insurer

82-21  that issues a policy of professional liability insurance to a

82-22  practitioner licensed pursuant to chapter 630 or 633 of NRS to

82-23  submit to the Commissioner an annual report on its loss

82-24  prevention and control programs.

82-25     2.  Not later than 90 days after the Commissioner receives the

82-26  annual reports from those insurers, the Commissioner shall

82-27  submit his report on the loss prevention and control programs of

82-28  those insurers, along with any recommendations, to the Director

82-29  of the Legislative Counsel Bureau for transmittal to members of

82-30  the Legislature.

82-31     Secs. 166-175.  (Deleted by amendment.)

82-32     Sec. 176. NRS 690B.045 is hereby amended to read as

82-33  follows:

82-34     690B.045  Except as more is required in NRS 630.3067 and

82-35  633.526:

82-36     1.  Each insurer which issues a policy of insurance covering the

82-37  liability of a practitioner licensed pursuant to chapters 630 to 640,

82-38  inclusive, of NRS for a breach of his professional duty toward a

82-39  patient shall report to the board which licensed the practitioner

82-40  within [30] 45 days each settlement or award made or judgment

82-41  rendered by reason of a claim, if the settlement, award or judgment

82-42  is for more than $5,000, giving the name and address of the claimant

82-43  and the practitioner and the circumstances of the case.

82-44     2.  A practitioner licensed pursuant to chapters 630 to 640,

82-45  inclusive, of NRS who does not have insurance covering liability for

83-1  a breach of his professional duty toward a patient shall report to the

83-2  board which issued his license within [30] 45 days of each

83-3  settlement or award made or judgment rendered by reason of a

83-4  claim, if the settlement, award or judgment is for more than $5,000,

83-5  giving his name and address, the name and address of the claimant

83-6  and the circumstances of the case.

83-7      3.  These reports are public records and must be made available

83-8  for public inspection within a reasonable time after they are received

83-9  by the licensing board.

83-10     Sec. 177. NRS 690B.050 is hereby amended to read as

83-11  follows:

83-12     690B.050  1.  Each insurer which issues a policy of insurance

83-13  covering the liability of a physician licensed under chapter 630 of

83-14  NRS or an osteopathic physician licensed under chapter 633 of NRS

83-15  for a breach of his professional duty toward a patient shall report to

83-16  the Commissioner within [30] 45 days each settlement or award

83-17  made or judgment rendered by reason of a claim, giving the name

83-18  and address of the claimant and physician and the circumstances of

83-19  the case.

83-20     2.  The Commissioner shall report to the Board of Medical

83-21  Examiners or the state board of osteopathic medicine, as applicable,

83-22  within 30 days after receiving the report of the insurer, each claim

83-23  made and each settlement, award or judgment.

83-24     Sec. 178. Section 2 of Senate Bill No. 122 of this session is

83-25  hereby amended to read as follows:

83-26     Sec. 2.  NRS 686B.070 is hereby amended to read as

83-27  follows:

83-28     686B.070  1.  Every authorized insurer and every rate

83-29  service organization licensed under NRS [686B.130]

83-30  686B.140 which has been designated by any insurer for the

83-31  filing of rates under subsection 2 of NRS 686B.090 shall file

83-32  with the Commissioner all:

83-33     (a) Rates and proposed increases thereto;

83-34     (b) Forms of policies to which the rates apply;

83-35     (c) Supplementary rate information; and

83-36     (d) Changes and amendments thereof,

83-37  made by it for use in this state.

83-38     2.  Except as otherwise provided in this section and NRS

83-39  686B.110, if a proposed increase or decrease in the rate of

83-40  any kind or line of insurance does not change by more than 7

83-41  percent the total average premium required to be paid by

83-42  persons insured by the insurer for that particular line or kind

83-43  of insurance during the 12 months immediately preceding the

83-44  proposed increase or decrease, the insurer shall file the

83-45  information required by subsection 1 and the supporting data

84-1  required to be filed pursuant to NRS 686B.100 on or before

84-2  the date on which the changes are to become effective. The

84-3  provisions of this subsection do not apply if the

84-4  Commissioner has determined that the market is not

84-5  competitive or if the Commissioner has made any of the other

84-6  determinations described in subsection 1 of NRS 686B.110.

84-7      3.  In a competitive market, if the Commissioner

84-8  determines that the rates of an insurer require closer

84-9  supervision by the Commissioner because of the financial

84-10  condition of the insurer or because the insurer has engaged in

84-11  rating practices which are unfairly discriminatory, the

84-12  Commissioner may require the insurer to file the information

84-13  required by subsection 1 and the supporting data required to

84-14  be filed pursuant to NRS 686B.100 at least 60 days before the

84-15  rates become effective or may subject the rates to review

84-16  pursuant to NRS 686B.110.

84-17     4.  The Commissioner shall review filings made pursuant

84-18  to this section as soon as practicable to:

84-19     (a) Ensure the sufficiency of the financial condition of the

84-20  insurer; [and]

84-21     (b) Determine whether the insurer has engaged in rating

84-22  practices which are unfairly discriminatory [.] ; and

84-23     (c) If applicable, determine whether the insurer has

84-24  complied with the provisions of subsection 5.

84-25     5.  If an insurer makes a filing that increases a rate for

84-26  insurance covering the liability of a practitioner licensed

84-27  pursuant to chapter 630, 631, 632 or 633 of NRS for a

84-28  breach of his professional duty toward a patient, the insurer

84-29  shall not include in the filing any component that is directly

84-30  or indirectly related to the following:

84-31     (a) Capital losses, diminished cash flow from any

84-32  dividends, interest or other investment returns, or any other

84-33  financial loss that is materially outside of the claims

84-34  experience of the professional liability insurance industry,

84-35  as determined by the Commissioner.

84-36     (b) Losses that are the result of any criminal or

84-37  fraudulent activities of a director, officer or employee of the

84-38  insurer.

84-39  If the Commissioner determines that a filing includes any

84-40  such component, the Commissioner shall disapprove the

84-41  increase, in whole or in part, to the extent that the increase

84-42  relies upon such a component.

84-43     6.  Rates for title insurance and individual health

84-44  insurance must be approved by the Commissioner pursuant to

84-45  NRS 686B.110 before the insurer may use the rates.

85-1      Sec. 179. Section 4 of Senate Bill No. 122 of this session is

85-2  hereby amended to read as follows:

85-3      Sec. 4.  NRS 686B.110 is hereby amended to read as

85-4  follows:

85-5      686B.110  1.  If the Commissioner has determined that:

85-6      (a) The market is not competitive;

85-7      (b) Pursuant to NRS 686B.180, essential insurance

85-8  coverage is not readily available in a voluntary market;

85-9      (c) Pursuant to NRS 686B.070, the rates of the insurer

85-10  require closer supervision and that the rates are subject to

85-11  review pursuant to this section;

85-12     (d) A proposed increase or decrease in the rate of any

85-13  kind or line of insurance changes by more than 7 percent the

85-14  total average premium required to be paid by persons insured

85-15  by the insurer for that particular line or kind of insurance

85-16  during the 12 months immediately preceding the proposed

85-17  increase or decrease; or

85-18     (e) The rate is for title insurance or individual health

85-19  insurance,

85-20  the Commissioner shall consider each proposed increase or

85-21  decrease in the rate of any kind or line of insurance or

85-22  subdivision thereof filed with him pursuant to NRS

85-23  686B.070. If the Commissioner finds that a proposed increase

85-24  will result in a rate which is not in compliance with NRS

85-25  686B.050 [,] or subsection 5 of NRS 686B.070, he shall

85-26  disapprove the proposal. The Commissioner shall approve or

85-27  disapprove each proposal not later than 60 days after it is

85-28  determined by him to be complete pursuant to subsection 4. If

85-29  the Commissioner fails to approve or disapprove the proposal

85-30  within that period, the proposal shall be deemed approved.

85-31     2.  Whenever an insurer has no legally effective rates as a

85-32  result of the Commissioner’s disapproval of rates or other act,

85-33  the Commissioner shall, on request, specify interim rates for

85-34  the insurer that are high enough to protect the interests of all

85-35  parties and may order that a specified portion of the

85-36  premiums be placed in an escrow account approved by him.

85-37  When new rates become legally effective, the Commissioner

85-38  shall order the escrowed money or any overcharge in the

85-39  interim rates to be distributed appropriately, except that

85-40  refunds to policyholders that are de minimis must not be

85-41  required.

85-42     3.  If the Commissioner disapproves a proposed rate and

85-43  an insurer requests a hearing to determine the validity of his

85-44  action, the insurer has the burden of showing compliance with

85-45  the applicable standards for rates established in NRS

86-1  686B.010 to 686B.1799, inclusive. Any such hearing must be

86-2  held:

86-3      (a) Within 30 days after the request for a hearing has been

86-4  submitted to the Commissioner; or

86-5      (b) Within a period agreed upon by the insurer and the

86-6  Commissioner.

86-7  If the hearing is not held within the period specified in

86-8  paragraph (a) or (b), or if the Commissioner fails to issue an

86-9  order concerning the proposed rate for which the hearing is

86-10  held within 45 days after the hearing, the proposed rate shall

86-11  be deemed approved.

86-12     4.  The Commissioner shall by regulation specify the

86-13  documents or any other information which must be included

86-14  in a proposal to increase or decrease a rate submitted to him

86-15  pursuant to NRS 686B.070. Each such proposal shall be

86-16  deemed complete upon its filing with the Commissioner,

86-17  unless the Commissioner, within 15 business days after the

86-18  proposal is filed with him, determines that the proposal is

86-19  incomplete because the proposal does not comply with the

86-20  regulations adopted by him pursuant to this subsection.

86-21     5.  If the Commissioner finds that a rate no longer meets

86-22  the requirements of this chapter, the Commissioner may order

86-23  the discontinuance of the rate. An order for the

86-24  discontinuance of a rate may be issued only after a hearing

86-25  with at least 10 days’ notice for all insurers and rate

86-26  organizations that would be affected by such an order. The

86-27  order must be in writing and include, without limitation:

86-28     (a) The grounds pursuant to which the order was issued;

86-29     (b) The date on which the order to discontinue the rate

86-30  becomes effective; and

86-31     (c) The date, within a reasonable time after the date on

86-32  which the order becomes effective, on which the order will

86-33  expire.

86-34  An order for the discontinuance of a rate does not affect any

86-35  contract or policy made or issued before the date on which

86-36  the order becomes effective.

86-37     Sec. 180. Section 1 of Senate Bill No. 133 of this session is

86-38  hereby amended to read as follows:

86-39     Section 1.  Chapter 630 of NRS is hereby amended by

86-40  adding thereto a new section to read as follows:

86-41     1.  Except as otherwise provided in NRS 630.161, the

86-42  Board may issue a restricted license to a person who intends

86-43  to practice medicine in this state as a psychiatrist in a mental

86-44  health center of the Division under the direct supervision of a

87-1  psychiatrist who holds an unrestricted license to practice

87-2  medicine pursuant to this chapter.

87-3      2.  A person who applies for a restricted license pursuant

87-4  to this section is not required to take or pass a written

87-5  examination as to his qualifications to practice medicine

87-6  pursuant to paragraph (e) of subsection 2 of NRS 630.160,

87-7  but the person must meet all other conditions and

87-8  requirements for an unrestricted license to practice medicine

87-9  pursuant to this chapter.

87-10     3.  If the Board issues a restricted license pursuant to this

87-11  section, the person who holds the restricted license may

87-12  practice medicine in this state only as a psychiatrist in a

87-13  mental health center of the Division and only under the direct

87-14  supervision of a psychiatrist who holds an unrestricted license

87-15  to practice medicine pursuant to this chapter.

87-16     4.  If a person who holds a restricted license issued

87-17  pursuant to this section ceases to practice medicine in this

87-18  state as a psychiatrist in a mental health center of the

87-19  Division:

87-20     (a) The Division shall notify the Board; and

87-21     (b) Upon receipt of such notification, the restricted

87-22  license expires automatically.

87-23     5.  The Board may renew or modify a restricted license

87-24  issued pursuant to this section, unless the restricted license

87-25  has expired automatically or has been revoked.

87-26     6.  [Each person who holds a restricted license issued

87-27  pursuant to this section and who accepts the privilege of

87-28  practicing medicine in this state pursuant to the provisions of

87-29  the restricted license shall be deemed to have given his

87-30  consent to the revocation of the restricted license at any time

87-31  by the Board for any of the grounds provided in NRS 630.161

87-32  or 630.301 to 630.3065, inclusive, or for any violation of the

87-33  provisions of this section.

87-34     7.]  The provisions of this section do not limit the

87-35  authority of the Board to issue a restricted license to an

87-36  applicant in accordance with any other provision of this

87-37  chapter.

87-38     [8.] 7.  As used in this section:

87-39     (a) “Division” means the Division of Mental Health and

87-40  Developmental Services of the Department of Human

87-41  Resources.

87-42     (b) “Mental health center” has the meaning ascribed to it

87-43  in NRS 433.144.

 

 

88-1      Sec. 181. Section 9 of Senate Bill No. 139 of this session is

88-2  hereby amended to read as follows:

88-3      Sec. 9.  NRS 645.630 is hereby amended to read as

88-4  follows:

88-5      645.630  1.  The Commission may require a licensee,

88-6  property manager or owner-developer to pay an

88-7  administrative fine of not more than $5,000 for each violation

88-8  he commits or suspend, revoke, deny the renewal of or place

88-9  conditions upon his license, permit or registration, or impose

88-10  any combination of those actions, at any time if the licensee,

88-11  property-manager or owner-developer has, by false or

88-12  fraudulent representation, obtained a license, permit or

88-13  registration, or the licensee, property manager or owner-

88-14  developer, whether or not acting as such, is found guilty of:

88-15     (a) Making any material misrepresentation.

88-16     (b) Making any false promises of a character likely to

88-17  influence, persuade or induce.

88-18     (c) Accepting a commission or valuable consideration as

88-19  a real estate broker-salesman or salesman for the performance

88-20  of any of the acts specified in this chapter or chapter 119 or

88-21  119A of NRS from any person except the licensed real estate

88-22  broker with whom he is associated or the owner-developer by

88-23  whom he is employed.

88-24     (d) Representing or attempting to represent a real estate

88-25  broker other than the broker with whom he is associated,

88-26  without the express knowledge and consent of the broker with

88-27  whom he is associated.

88-28     (e) Failing to maintain, for review and audit by the

88-29  Division, each brokerage agreement and property

88-30  management agreement governed by the provisions of this

88-31  chapter and entered into by the licensee.

88-32     (f) Failing, within a reasonable time, to account for or to

88-33  remit any money which comes into his possession and which

88-34  belongs to others.

88-35     (g) If he is required to maintain a trust account:

88-36         (1) Failing to balance the trust account at least

88-37  monthly; and

88-38         (2) Failing to submit to the Division an annual

88-39  accounting of the trust account as required in NRS 645.310.

88-40     (h) Commingling the money or other property of his

88-41  clients with his own or converting the money of others to his

88-42  own use.

88-43     (i) In the case of a broker-salesman or salesman, failing to

88-44  place in the custody of his licensed broker or owner-

88-45  developer, as soon as possible, any deposit or other money or

89-1  consideration entrusted to him by any person dealing with

89-2  him as the representative of his licensed broker.

89-3      (j) Accepting other than cash as earnest money unless that

89-4  fact is communicated to the owner before his acceptance of

89-5  the offer to purchase and that fact is shown in the receipt for

89-6  the earnest money.

89-7      (k) Upon acceptance of an agreement, in the case of a

89-8  broker, failing to deposit any check or cash received as

89-9  earnest money before the end of the next banking day unless

89-10  otherwise provided in the purchase agreement.

89-11     (l) Inducing any party to a brokerage agreement, property

89-12  management agreement, agreement of sale or lease to break

89-13  it in order to substitute a new brokerage agreement, property

89-14  management agreement, agreement of sale or lease with the

89-15  same or another party if the inducement to make the

89-16  substitution is offered to secure personal gain to the licensee

89-17  or owner-developer.

89-18     2.  An order that imposes discipline and the findings of

89-19  fact and conclusions of law supporting that order are public

89-20  records.

89-21     Sec. 182. Section 7 of Senate Bill No. 332 of this session is

89-22  hereby amended to read as follows:

89-23     Sec. 7.  1.  The Board shall maintain a website on the

89-24  Internet or its successor.

89-25     2.  Except as otherwise provided in this section, the

89-26  Board and its members and employees shall not place any

89-27  information on the website maintained by the Board unless

89-28  the Board, at a regular meeting, approves the placement of

89-29  the information on the website.

89-30     3.  The Board shall place on the website [:] , without

89-31  having to approve the placement at a meeting:

89-32     (a) Each application form for the issuance or renewal of a

89-33  license issued by the Board pursuant to this chapter . [; and]

89-34     (b) A list of questions that are frequently asked

89-35  concerning the processes of the Board and the answers to

89-36  those questions.

89-37     (c) An alphabetical list, by last name, of each physician

89-38  and a brief description of each disciplinary action, if any,

89-39  taken against the physician, in this state and elsewhere,

89-40  which relates to the practice of medicine and which is noted

89-41  in the records of the Board. The Board shall include, as part

89-42  of the list on the website, the name of each physician whose

89-43  license has been revoked by the Board. The Board shall

89-44  make the list on the website easily accessible and user

89-45  friendly for the public.

90-1      (d) All financial reports received by the Board.

90-2      (e) All financial reports prepared by the Board.

90-3      (f) Any other information required to be placed on the

90-4  website by any other provision of law.

90-5      Sec. 183. 1.  NRS 622.010, 623A.295, 630.142, 634.165,

90-6  638.154, 639.091 and 656.295 are hereby repealed.

90-7      2.  Sections 8, 8.3 and 8.7 of Assembly Bill No. 320 of this

90-8  session are hereby repealed.

90-9      3.  Section 4 of Senate Bill No. 281 of this session is hereby

90-10  repealed.

90-11     Sec. 184. 1.  This section becomes effective on passage and

90-12  approval.

90-13     2.  Sections 1 to 182, inclusive, of this act become effective

90-14  upon passage and approval for the purpose of adopting regulations

90-15  and on July 1, 2003, for all other purposes.

90-16     3.  Section 183 of this act becomes effective on July 1, 2003.

90-17     4.  Section 99 of this act expires by limitation on the date on

90-18  which the provisions of 42 U.S.C., § 666 requiring each state to

90-19  establish procedures under which the state has authority to withhold

90-20  or suspend, or to restrict the use of professional, occupational and

90-21  recreational licenses of persons who:

90-22     (a) Have failed to comply with a subpoena or warrant relating to

90-23  a procedure to determine the paternity of a child or to establish or

90-24  enforce an obligation for the support of a child; or

90-25     (b) Are in arrears in the payment for the support of one or more

90-26  children,

90-27  are repealed by the Congress of the United States.

 

90-28  LEADLINES OF REPEALED SECTIONS OF NRS AND

90-29  TEXT OF REPEALED SECTIONS OF ENROLLED BILLS

 

90-30     622.010  “Occupational licensing board” defined.

90-31     623A.295  Confidentiality of proceedings.

90-32     630.142  Award of costs and attorney’s fees.

90-33     634.165  Confidentiality of proceedings.

90-34     638.154  Court may award costs and reasonable attorney’s

90-35  fees incurred by Board.

90-36     639.091  Award of costs and attorney’s fees to Board.

90-37     656.295  Disciplinary proceedings: Costs; attorney’s fees.

 

 

 

91-1      Section 8 of Assembly Bill No. 320 of this session:

91-2      Sec. 8.  NRS 686B.070 is hereby amended to read as

91-3  follows:

91-4      686B.070  1.  Every authorized insurer and every rate

91-5  service organization licensed under NRS [686B.130]

91-6  686B.140 which has been designated by any insurer for the

91-7  filing of rates under subsection 2 of NRS 686B.090 shall file

91-8  with the Commissioner all:

91-9      [1.] (a) Rates and proposed increases thereto;

91-10     [2.] (b) Forms of policies to which the rates apply;

91-11     [3.] (c) Supplementary rate information; and

91-12     [4.] (d) Changes and amendments thereof,

91-13  made by it for use in this state.

91-14     2.  If an insurer makes a filing for a proposed increase

91-15  in a rate for insurance covering the liability of a practitioner

91-16  licensed pursuant to chapter 630, 631, 632 or 633 of NRS

91-17  for a breach of his professional duty toward a patient, the

91-18  insurer shall not include in the filing any component that is

91-19  directly or indirectly related to the following:

91-20     (a) Capital losses, diminished cash flow from any

91-21  dividends, interest or other investment returns, or any other

91-22  financial loss that is materially outside of the claims

91-23  experience of the professional liability insurance industry,

91-24  as determined by the Commissioner.

91-25     (b) Losses that are the result of any criminal or

91-26  fraudulent activities of a director, officer or employee of the

91-27  insurer.

91-28  If the Commissioner determines that a filing includes any

91-29  such component, the Commissioner shall, pursuant to NRS

91-30  686B.110, disapprove the proposed increase, in whole or in

91-31  part, to the extent that the proposed increase relies upon

91-32  such a component.

91-33     Section 8.3 of Assembly Bill No. 320 of this session:

91-34     Sec. 8.3.  NRS 686B.090 is hereby amended to read as

91-35  follows:

91-36     686B.090  1.  An insurer shall establish rates and

91-37  supplementary rate information for any market segment based

91-38  on the factors in NRS 686B.060. If an insurer has insufficient

91-39  creditable loss experience, it may use rates and

91-40  supplementary rate information prepared by a rate service

91-41  organization, with modification for its own expense and loss

91-42  experience.

91-43     2.  An insurer may discharge its obligation under

91-44  subsection 1 of NRS 686B.070 by giving notice to the

91-45  Commissioner that it uses rates and supplementary rate

92-1  information prepared by a designated rate service

92-2  organization, with such information about modifications

92-3  thereof as are necessary fully to inform the Commissioner.

92-4  The insurer’s rates and supplementary rate information shall

92-5  be deemed those filed from time to time by the rate service

92-6  organization, including any amendments thereto as filed,

92-7  subject [, however,] to the modifications filed by the insurer.

92-8      Section 8.7 of Assembly Bill No. 320 of this session:

92-9      Sec. 8.7.  NRS 686B.110 is hereby amended to read as

92-10  follows:

92-11     686B.110  1.  The Commissioner shall consider each

92-12  proposed increase or decrease in the rate of any kind or line

92-13  of insurance or subdivision thereof filed with him pursuant to

92-14  subsection 1 of NRS 686B.070. If the Commissioner finds

92-15  that a proposed increase will result in a rate which is not in

92-16  compliance with NRS 686B.050 [,] or subsection 2 of NRS

92-17  686B.070, he shall disapprove the proposal. The

92-18  Commissioner shall approve or disapprove each proposal no

92-19  later than 60 days after it is determined by him to be complete

92-20  pursuant to subsection 4. If the Commissioner fails to approve

92-21  or disapprove the proposal within that period, the proposal

92-22  shall be deemed approved.

92-23     2.  Whenever an insurer has no legally effective rates as a

92-24  result of the Commissioner’s disapproval of rates or other act,

92-25  the Commissioner shall on request specify interim rates for

92-26  the insurer that are high enough to protect the interests of all

92-27  parties and may order that a specified portion of the

92-28  premiums be placed in an escrow account approved by him.

92-29  When new rates become legally effective, the Commissioner

92-30  shall order the escrowed funds or any overcharge in the

92-31  interim rates to be distributed appropriately, except that

92-32  refunds to policyholders that are de minimis must not be

92-33  required.

92-34     3.  If the Commissioner disapproves a proposed rate and

92-35  an insurer requests a hearing to determine the validity of his

92-36  action, the insurer has the burden of showing compliance with

92-37  the applicable standards for rates established in NRS

92-38  686B.010 to 686B.1799, inclusive. Any such hearing must be

92-39  held:

92-40     (a) Within 30 days after the request for a hearing has been

92-41  submitted to the Commissioner; or

92-42     (b) Within a period agreed upon by the insurer and the

92-43  Commissioner.

92-44  If the hearing is not held within the period specified in

92-45  paragraph (a) or (b), or if the Commissioner fails to issue an

93-1  order concerning the proposed rate for which the hearing is

93-2  held within 45 days after the hearing, the proposed rate shall

93-3  be deemed approved.

93-4      4.  The Commissioner shall by regulation specify the

93-5  documents or any other information which must be included

93-6  in a proposal to increase or decrease a rate submitted to him

93-7  pursuant to subsection 1. Each such proposal shall be deemed

93-8  complete upon its filing with the Commissioner, unless the

93-9  Commissioner, within 15 business days after the proposal is

93-10  filed with him, determines that the proposal is incomplete

93-11  because the proposal does not comply with the regulations

93-12  adopted by him pursuant to this subsection.

93-13     Section 4 of Senate Bill No. 281 of this session:

93-14     Sec. 4. NRS 633.611 is hereby amended to read as

93-15  follows:

93-16     633.611  1.  All proceedings [subsequent to] after the

93-17  filing of a complaint are confidential, except to the extent

93-18  necessary for the conduct of an examination, until the Board

93-19  determines to proceed with disciplinary action. [If]

93-20     2.  Except as otherwise provided in subsection 3, if the

93-21  Board dismisses the complaint, the proceedings remain

93-22  confidential. If the Board proceeds with disciplinary action,

93-23  confidentiality concerning the proceedings is no longer

93-24  required.

93-25     3.  The Board may disseminate any information or

93-26  records relating to an investigation of a complaint which

93-27  has been dismissed by the Board to any other licensing

93-28  board, national association of registered boards, an agency

93-29  of the Federal Government or of the State, the Attorney

93-30  General or any law enforcement agency.

 

93-31  H