Senate Bill No. 427–Committee on Commerce and Labor

 

(On Behalf of the Board of Veterinary
Medical Examiners)

 

March 24, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Makes various changes relating to veterinarians. (BDR 54‑472)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

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

 

AN ACT relating to veterinarians; eliminating the requirement that a complaint filed with the Nevada State Board of Veterinary Medical Examiners must be verified; eliminating the requirement that an application for the renewal of a license must be notarized; clarifying
the provisions governing the attorney’s fees and costs that the Board may recover from a licensee for certain actions committed by the licensee; revising the procedure for the disposition of complaints filed with the Board; revising certain provisions relating to the confidentiality of records and information concerning an investigation conducted by the Board; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 638 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  1.  The Board may recover from a licensee all administrative

1-4  expenses, attorney’s fees and costs incurred by the Board relating

1-5  to:

2-1  (a) Any disciplinary action taken against the licensee,

2-2  including, without limitation, any investigation or hearing relating

2-3  to the disciplinary action;

2-4  (b) Any action to impose or collect a civil penalty from a

2-5  licensee, if the Board is so entitled; or

2-6  (c) Any petition of the licensee for judicial review of a decision

2-7  or order of the Board or any appeal of a decision or order of a

2-8  court relating thereto, if the Board is the prevailing party.

2-9  2.  The Board may recover all administrative expenses,

2-10  attorney’s fees and costs incurred by the Board relating to:

2-11      (a) The enforcement of a subpoena for which a court has

2-12  entered an order compelling compliance; or

2-13      (b) Any other judicial proceeding relating to the enforcement

2-14  of any provision of this chapter or any regulation adopted

2-15  pursuant thereto.

2-16      Sec. 2.  NRS 638.013 is hereby amended to read as follows:

2-17      638.013  “Veterinary technician” means a person who is

2-18  [formally:] :

2-19      1.  Licensed by the Board pursuant to NRS 638.122; and

2-20      2.  Formally trained for the specific purpose of assisting a

2-21  licensed veterinarian in the performance of professional or technical

2-22  services in the field of veterinary medicine.

2-23      Sec. 3.  NRS 638.020 is hereby amended to read as follows:

2-24      638.020  1.  The Nevada State Board of Veterinary Medical

2-25  Examiners is hereby created.

2-26      2.  The Board consists of seven members appointed by the

2-27  Governor.

2-28      3.  Six of the members must:

2-29      (a) Be residents of the State of Nevada.

2-30      (b) Be graduates of a veterinary college [approved] accredited

2-31  by the American Veterinary Medical Association.

2-32      (c) Have been lawfully engaged in the [private] practice of

2-33  veterinary medicine in the State of Nevada for at least 5 years next

2-34  preceding the date of their appointment.

2-35      4.  One member appointed by the Governor must be a

2-36  representative of the general public.

2-37      5.  Any member may be removed from the Board by the

2-38  Governor for good cause.

2-39      Sec. 4.  NRS 638.060 is hereby amended to read as follows:

2-40      638.060  1.  The Board shall meet at least annually and on the

2-41  call of the President or any four of its members.

2-42      2.  Four members of the Board constitute a quorum[.] , and a

2-43  quorum is necessary to conduct the business of the Board. Any

2-44  action taken by the Board must be approved by at least a majority

2-45  of the members present at a hearing or meeting of the Board.

3-1  Sec. 5.  NRS 638.087 is hereby amended to read as follows:

3-2  638.087  1.  The Board shall keep a record of:

3-3  (a) All charges filed against a licensee;

3-4  (b) The proceedings of any formal hearing conducted by the

3-5  Board or a hearing officer;

3-6  (c) Any order filed by the Board; and

3-7  (d) All licenses issued by the Board including the name of the

3-8  holder of the license, his business [and residential addresses,]

3-9  address, the date the license was issued and the [serial] number of

3-10  the license.

3-11      2.  The records of the Board listed in subsection 1 must be open

3-12  to the public at reasonable times and places.

3-13      Sec. 6.  NRS 638.089 is hereby amended to read as follows:

3-14      638.089  1.  Except as otherwise provided in this section, all

3-15  information received by the Board concerning an applicant for a

3-16  license or a licensee, including the results of an investigation, is

3-17  confidential.

3-18      2.  [If the Board takes disciplinary action against an applicant or

3-19  licensee, the complaint and the action taken are no longer required

3-20  to be confidential.

3-21      3.  If the Board conducts any proceeding other than a

3-22  disciplinary action regarding an applicant or licensee, its statement

3-23  of findings and any order issued relating thereto are no longer

3-24  required to be confidential.

3-25      4.  Information concerning an applicant or a licensee may be

3-26  disclosed, pursuant to procedures established by regulation of the

3-27  Board, to a court or an agency of the Federal Government, any state

3-28  or any political subdivision of this state. Notice of the disclosure and

3-29  the contents of the information must be given to the applicant or

3-30  licensee within 3 business days before the disclosure.] Except as

3-31  otherwise provided in subsection 3, any records or information

3-32  relating to an investigation by the Board are public records only

3-33  if:

3-34      (a) Disciplinary action is imposed by the Board as a result of

3-35  the investigation; or

3-36      (b) The person who is the subject of the investigation submits a

3-37  written request to the Board requesting that the records be made

3-38  public records.

3-39      3.  The Board may provide any record or information

3-40  described in subsection 2 to any other licensing board or agency,

3-41  including a law enforcement agency, which is investigating a

3-42  person who is licensed pursuant to this chapter.

3-43      Sec. 7.  NRS 638.100 is hereby amended to read as follows:

3-44      638.100  1.  Any person who desires to secure a license to

3-45  practice veterinary medicine, surgery, obstetrics or dentistry in the

4-1  State of Nevada must make written application to the Executive

4-2  Director of the Board.

4-3  2.  The application must include the social security number of

4-4  the applicant and any other information required by the Board and

4-5  must be accompanied by satisfactory proof that the applicant:

4-6  (a) Is of good moral character;

4-7  (b) Except as otherwise provided in subsection 3, has received a

4-8  diploma conferring the degree of doctor of veterinary medicine or

4-9  its equivalent from a school of veterinary medicine [within the

4-10  United States or Canada] that is accredited by the Council on

4-11  Education of the American Veterinary Medical Association or, if

4-12  the applicant is a graduate of a school of veterinary medicine

4-13  [located outside the United States or Canada,] that is not accredited

4-14  by the Council on Education of the American Veterinary Medical

4-15  Association, that he has received an educational certificate issued

4-16  [after December 31, 1972,] by the Educational [Committee on]

4-17  Commission for Foreign Veterinary Graduates of the American

4-18  Veterinary Medical Association[;] or, if the Educational

4-19  Commission for Foreign Veterinary Graduates of the American

4-20  Veterinary Medical Association ceases to exist, by an organization

4-21  approved by the Board that certifies that the holder of the

4-22  certificate has demonstrated knowledge and skill of veterinary

4-23  medicine that is equivalent to the knowledge and skill of veterinary

4-24  medicine of a graduate of a college of veterinary medicine that is

4-25  accredited by the Council on Education of the American

4-26  Veterinary Medical Association;

4-27      (c) Has passed each examination required by the Board pursuant

4-28  to NRS 638.110; and

4-29      (d) Is a citizen of the United States or is lawfully entitled to

4-30  remain and work in the United States.

4-31      3.  A veterinary student in his final year at a school accredited

4-32  by the American Veterinary Medical Association may submit an

4-33  application to the Board and take the state examination administered

4-34  by the Board, but the Board may not issue him a license until he has

4-35  complied with the requirements of subsection 2.

4-36      4.  The application must be signed by the applicant, notarized

4-37  and accompanied by a fee set by the Board, not to exceed $500.

4-38      5.  The Board may refuse to issue a license [upon satisfactory

4-39  proof that the] if the Board determines that an applicant has

4-40  committed an act which would be a ground for disciplinary action if

4-41  the applicant were a licensee.

4-42      [6.  If an applicant brings a civil action against the Board for

4-43  denial of a license and the decision of the Board is upheld, the

4-44  Board may recover all administrative expenses and attorney’s fees

5-1  and costs incurred by the Board in defending the action brought

5-2  against it.]

5-3  Sec. 8.  NRS 638.123 is hereby amended to read as follows:

5-4  638.123  1.  Each applicant for a license as a veterinary

5-5  technician must pass:

5-6  (a) The state examination administered by the Board; and

5-7  (b) The [national] Veterinary Technician National Examination

5-8  [administered by the American Veterinary Medical Association ;

5-9  and

5-10      (c) Any] or any other examination [required] approved by the

5-11  Board . [which has been approved by the Board or the American

5-12  Veterinary Medical Association.]

5-13      2.  The Board may supplement the written examination required

5-14  by this section with oral interviews and practical demonstrations as

5-15  the Board considers necessary.

5-16      3.  The Board shall adopt regulations prescribing the

5-17  requirements for examination.

5-18      Sec. 9.  NRS 638.127 is hereby amended to read as follows:

5-19      638.127  1.  On or before November 15 of each year, the

5-20  Executive Director shall mail to each person licensed under the

5-21  provisions of this chapter an application form for the renewal of his

5-22  license.

5-23      2.  Each applicant for renewal must complete the form and

5-24  return it to the Executive Director, accompanied by the statement

5-25  required pursuant to NRS 638.103, the renewal fee and full payment

5-26  of all fines which he owes to the Board, on or before January 1 of

5-27  each year. Each application for renewal must be signed by the

5-28  applicant . [and notarized.] The renewal fee for licensees and

5-29  persons on inactive status must be in an amount determined by the

5-30  Board.

5-31      3.  Upon receipt of the application and statement and payment

5-32  of the renewal fee and all fines owed, the Board shall issue to that

5-33  person a certificate of renewal.

5-34      4.  Any person who fails to renew his license on or before

5-35  March 1 of each year forfeits his license.

5-36      5.  When a person has forfeited his license in the manner

5-37  provided in subsection 4, the Board may reinstate the license and

5-38  issue a certificate of renewal upon receipt of the statement required

5-39  pursuant to NRS 638.103 and payment of:

5-40      (a) The renewal fee;

5-41      (b) All fines owed; and

5-42      (c) A delinquency penalty of $50 for each month or fraction

5-43  thereof the license was not renewed after January 1.

6-1  6.  If a licensee does not practice for more than 12 consecutive

6-2  months, the Board may require him to take an examination to

6-3  determine his competency before renewing his license.

6-4  7.  If a licensee does not renew his license and he is licensed to

6-5  practice in another state or territory of the United States, the Board

6-6  may not issue him a license to practice in the State by reciprocity.

6-7  Such a licensee must reinstate his license in the manner prescribed

6-8  by the Board.

6-9  Sec. 10.  NRS 638.1413 is hereby amended to read as follows:

6-10      638.1413  1.  The Board or any of its members who becomes

6-11  aware of any fact which may be any one or a combination of the

6-12  grounds for initiating disciplinary action shall, and any other person

6-13  who is so aware may, file with the Board a [verified] written

6-14  complaint specifying the relevant facts.

6-15      2.  The Board may, upon its own motion, and shall, upon

6-16  receipt of such a complaint, investigate the actions of any applicant

6-17  for a license or any holder of a license issued pursuant to the

6-18  provisions of this chapter.

6-19      3.  The Executive Director shall send written notice by certified

6-20  mail with return receipt requested to the person being investigated.

6-21  The notice must contain the name of the person who filed the

6-22  complaint against the licensee, the nature of the complaint and a

6-23  request for any medical records the licensee may have relating to the

6-24  complaint.

6-25      Sec. 11.  NRS 638.1419 is hereby amended to read as follows:

6-26      638.1419  [1.] The Board shall appoint one of its members to

6-27  conduct the investigation of a complaint. The member conducting

6-28  the investigation may request assistance from the Attorney General

6-29  or the Executive Director of the Board, and may employ

6-30  investigators, professional consultants, and any other personnel

6-31  necessary to conduct the investigation.

6-32      [2.  Immediately after his appointment, the member conducting

6-33  the investigation shall notify the person being investigated by

6-34  telephone or by certified mail with return receipt requested. The

6-35  member conducting the investigation shall describe the reasons for

6-36  the investigation.]

6-37      Sec. 12.  NRS 638.1429 is hereby amended to read as follows:

6-38      638.1429  1.  [If] After the investigation of the complaint is

6-39  completed, the member of the Board [conducting ] who conducted

6-40  the investigation shall submit to the Board a written report of his

6-41  findings and recommendations concerning the disposition of the

6-42  complaint.

6-43      2.  If the Board determines that there [is a reasonable basis for

6-44  the complaint, he shall submit to the Board a written statement of

6-45  his findings.

7-1  2.  If the member conducting the investigation] is not sufficient

7-2  evidence to believe that a licensee has committed an act which

7-3  constitutes a cause for disciplinary action, the Board shall dismiss

7-4  the complaint and send a written notice to the person who filed the

7-5  complaint and the licensee who was the subject of the

7-6  investigation that the complaint was dismissed.

7-7  3.  If the Board determines that there [is a reasonable basis for

7-8  the complaint, he may:

7-9  (a) Recommend a formal hearing. If the Board agrees with this

7-10  recommendation it shall, by motion, fix] is sufficient evidence to

7-11  believe that a licensee has committed an act which constitutes a

7-12  ground for disciplinary action, the Board may enter into a

7-13  settlement agreement with the licensee. The settlement agreement

7-14  must be signed by the licensee and the President of the Board. The

7-15  Board shall send a written notice of the settlement to the person

7-16  who filed the complaint against the licensee. The notice must

7-17  include a copy of the settlement agreement. The complaint and the

7-18  settlement agreement are public records.

7-19      4.  If the Board does not enter into a settlement agreement

7-20  with the licensee, the Board shall:

7-21      (a) Cause an accusation to be filed against the licensee. The

7-22  accusation must:

7-23          (1) Include a written statement of the charges alleged;

7-24          (2) Set forth in ordinary and concise language the acts or

7-25  omissions with which the licensee is charged;

7-26          (3) Specify the statutes and regulations which the licensee

7-27  is alleged to have violated; and

7-28          (4) Be signed by the President of the Board.

7-29      (b) Fix a time and place for a hearing and so notify the [person]

7-30  licensee at least [20] 30 days before the date of the hearing. The

7-31  notice must include a copy of the [statement of findings.

7-32      (b) Recommend that the Board conduct an informal hearing

7-33  based on the allegations in the verified complaint and the results of

7-34  the investigation.

7-35      (c) Submit his statement of findings to the person under

7-36  investigation.

7-37  If he agrees in writing to the findings of the member conducting the

7-38  investigation, the Board may adopt that report and take such

7-39  disciplinary action as is necessary without conducting a hearing.]

7-40  accusation and any disciplinary action the Board may impose

7-41  pursuant to NRS 638.147.

7-42      Sec. 13.  NRS 638.147 is hereby amended to read as follows:

7-43      638.147  If the Board determines that any applicant for a license

7-44  or any person licensed pursuant to this chapter has committed any of

7-45  the acts which are grounds for disciplinary action, the Board may:

8-1  1.  Refuse to issue a license.

8-2  2.  Refuse to renew a license.

8-3  3.  Revoke a license.

8-4  4.  Suspend a license for a definite period or until further order

8-5  of the Board.

8-6  5.  Impose a fine in an amount not to exceed $10,000 for each

8-7  act which constitutes a ground for disciplinary action.

8-8  6.  Place a licensee on probation subject to any reasonable

8-9  conditions imposed by the Board, including requiring courses in

8-10  continuing education or a periodic or continuous review of his

8-11  practice.

8-12      7.  Administer a public or private reprimand.

8-13      8.  Limit the practice of the licensee to specified branches of

8-14  veterinary medicine.

8-15      9.  Require the licensee to take a competency examination or a

8-16  mental or physical examination.

8-17      [10.  Require the licensee to pay all costs incurred by the Board

8-18  in taking disciplinary action against the licensee.]

8-19      Sec. 14.  NRS 638.148 is hereby amended to read as follows:

8-20      638.148  1.  Any person against whom disciplinary action has

8-21  been taken by the Board is entitled to judicial review of the Board’s

8-22  order.

8-23      2.  Every order of the Board imposing a sanction pursuant to

8-24  NRS 638.147 is effective from the date the President and Executive

8-25  Director certify the order until the date the order is modified or

8-26  reversed by a final judgment of the court.

8-27      [3.  The district court shall give priority to a petition for judicial

8-28  review of the Board’s order over other civil matters which are not

8-29  expressly given priority by law.]

8-30      Sec. 15.  NRS 638.1515 is hereby amended to read as follows:

8-31      638.1515  In any proceeding before the Board[:

8-32      1.  Proof of actual injury need not be established where the

8-33  statement of findings charges deceptive or unethical professional

8-34  conduct.

8-35      2.  A] , a certified copy of the record of a court or a licensing

8-36  agency showing a conviction or the suspension, limitation,

8-37  modification, denial or revocation of a license of a veterinarian or

8-38  veterinary technician is conclusive evidence of its occurrence. A

8-39  plea of nolo contendere is a conviction for the purpose of this

8-40  section.

8-41      Sec. 16.  NRS 638.1426, 638.145 and 638.154 are hereby

8-42  repealed.

 

9-1  TEXT OF REPEALED SECTIONS

 

9-2  638.1426  Stay by court of Board’s summary order for

9-3   suspension prohibited; exception.  If the Board issues an order

9-4   summarily suspending the license of a veterinarian or veterinary

9-5   technician pending proceedings for disciplinary action, the court

9-6   shall not stay that order unless the Board fails to institute and

9-7   determine such proceedings as promptly as practicable.

9-8  638.145  Satisfactory proof of violation required for

9-9   refusing to issue license or taking disciplinary action. The

9-10   Board shall not refuse to issue a license to an applicant or take any

9-11   disciplinary action except upon satisfactory proof that the applicant

9-12   or licensee has engaged in one or more of the practices prohibited

9-13   by the provisions of this chapter.

9-14      638.154  Court may award costs and reasonable attorney’s

9-15   fees incurred by Board. A court may award costs and reasonable

9-16   attorney’s fees incurred by the Board to:

9-17      1.  Enforce a subpoena if the court enters an order compelling

9-18   compliance; or

9-19      2.  Enforce the provisions of this chapter.

 

9-20  H