2003 Statutes of Nevada, Pages 3346-3484

[Rev. 2/6/2019 4:18:30 PM]

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3346ê

CHAPTER 496, AB 239

Assembly Bill No. 239–Committee on Transportation

CHAPTER 496

AN ACT relating to motor vehicles; authorizing the Department of Motor Vehicles to produce and issue vintage license plates for motor vehicles manufactured before or during the year 1942; providing that such vintage license plates must be produced by the Department using digital technology; imposing a fee for the issuance and renewal of such vintage license plates; expanding the purposes for which money in the Revolving Account for the Issuance of Special License Plates may be used; and providing other matters properly relating thereto.

[Approved: June 11, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:

1. The Department may produce and issue vintage license plates to residents of Nevada for any motor vehicle manufactured not later than 1942.

2. Vintage license plates issued pursuant to this section must be produced by the Department:

(a) Using only digital technology for the production of the plates; and

(b) To appear, insofar as is practicable, the same as the license plates that were issued in Nevada during the year of manufacture of the particular motor vehicle to which the vintage license plates will be affixed.

3. The fee for vintage license plates issued pursuant to this section is $35, in addition to all other applicable registration and license fees and governmental services taxes. The vintage license plates are renewable upon the payment of $10.

4. If, during a registration year, the holder of vintage license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

(a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

(b) Within 30 days after removing the plates from the vehicle, return them to the Department.

Sec. 2. NRS 482.1805 is hereby amended to read as follows:

482.1805 1. The Revolving Account for the Issuance of Special License Plates is hereby created as a special account in the Motor Vehicle Fund. An amount equal to $35 of the fee received by the Department for the initial issuance of a special license plate, not including any additional fee which may be added to generate financial support for a particular cause or charitable organization, must be deposited in the Motor Vehicle Fund for credit to the Account.

2. The Department shall use the money in the Account to [pay] :

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3347 (CHAPTER 496, AB 239)ê

(a) Pay the expenses involved in issuing special license plates [.] ; and

(b) Purchase improved and upgraded technology, including, without limitation, digital technology for the production of special license plates, to ensure that special license plates are produced in the most efficient manner possible.

3. Money in the Account must be used only for the [purpose] purposes specified in subsection 2.

4. At the end of each fiscal year, the State Controller shall transfer from the Account to the State Highway Fund an amount of money equal to the balance in the Account which exceeds $50,000.

Sec. 3. NRS 482.216 is hereby amended to read as follows:

482.216 1. Upon the request of a new vehicle dealer, the Department may authorize the new vehicle dealer to:

(a) Accept applications for the registration of the new motor vehicles he sells and the related fees and taxes;

(b) Issue certificates of registration to applicants who satisfy the requirements of this chapter; and

(c) Accept applications for the transfer of registration pursuant to NRS 482.399 if the applicant purchased from the new vehicle dealer a new vehicle to which the registration is to be transferred.

2. A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall:

(a) Transmit the applications he receives to the Department within the period prescribed by the Department;

(b) Transmit the fees he collects from the applicants and properly account for them within the period prescribed by the Department;

(d) Bear any cost of equipment which is necessary to issue certificates of registration, including any computer hardware or software.

3. A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall not:

(a) Charge any additional fee for the performance of those services;

(b) Receive compensation from the Department for the performance of those services;

(d) Accept an application for the registration of a motor vehicle if the applicant wishes to:

(1) Obtain special license plates pursuant to NRS 482.3667 to 482.3825, inclusive [;] , and section 1 of this act; or

(2) Claim the exemption from the governmental services tax provided pursuant to NRS 361.1565 to veterans and their relations.

4. The Director shall adopt such regulations as are necessary to carry out the provisions of this section. The regulations adopted pursuant to this subsection must provide for:

(a) The expedient and secure issuance of license plates and decals by the Department; and

(b) The withdrawal of the authority granted to a new vehicle dealer pursuant to subsection 1 if that dealer fails to comply with the regulations adopted by the Department.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3348 (CHAPTER 496, AB 239)ê

Sec. 4. NRS 482.500 is hereby amended to read as follows:

482.500 1. Except as otherwise provided in subsection 2 or 3, whenever upon application any duplicate or substitute certificate of registration, decal or number plate is issued, the following fees must be paid:

For a certificate of registration............................................................ $5.00

For every substitute number plate or set of plates............................. 5.00

For every duplicate number plate or set of plates........................... 10.00

For every decal displaying a county name.......................................... .50

For every other decal, license plate sticker or tab.............................. 5.00

2. The following fees must be paid for any replacement plate or set of plates issued for the following special license plates:

(a) For any special plate issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to 482.3816, inclusive, and section 1 of this act, a fee of $10.

(b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.

(c) Except as otherwise provided in NRS 482.37937 and 482.37945, for any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the Director for the issuance of those plates.

3. A fee must not be charged for a duplicate or substitute of a decal issued pursuant to NRS 482.37635.

4. The fees which are paid for duplicate number plates and decals displaying county names must be deposited with the State Treasurer for credit to the Motor Vehicle Fund and allocated to the Department to defray the costs of duplicating the plates and manufacturing the decals.

5. As used in this section:

(a) “Duplicate number plate” means a license plate or a set of license plates issued to a registered owner which repeat the code of a plate or set of plates previously issued to the owner to maintain his registration using the same code.

(b) “Substitute number plate” means a license plate or a set of license plates issued in place of a previously issued and unexpired plate or set of plates. The plate or set of plates does not repeat the code of the previously issued plate or set.

Sec. 5. 1. This section and section 2 of this act become effective upon passage and approval.

2. Sections 1, 3 and 4 of this act become effective on October 1, 2003.

________

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3349ê

CHAPTER 497, AB 320

Assembly Bill No. 320–Committee on Judiciary

CHAPTER 497

AN ACT relating to malpractice; providing for certain defendants in malpractice actions to receive specified information from independent counsel under certain circumstances; prohibiting certain organizations from charging a fee for including the name of a provider of health care on a panel of providers of health care under certain circumstances; prescribing the manner in which a contract with a provider of health care may be modified; requiring the development and use of a uniform form for obtaining information regarding the credentials of providers of health care for the purposes of contracts; requiring the submission of a schedule of payments to a provider of health care under certain circumstances; expanding the scope of certain deceptive trade practices to include health maintenance organizations; expanding the scope of statutorily defined unfair practices to include certain actions by managed care organizations; authorizing suspension, limitation and revocation of the authority of certain insuring entities for failure to timely pay approved claims or for violating provisions of the Nevada Insurance Code under certain circumstances; authorizing intervention in certain insurance ratemaking proceedings; requiring the Commissioner of Insurance to disapprove a proposed increase in rates for malpractice insurance under certain circumstances; prescribing procedures for withdrawal of certain insurers from the malpractice insurance market in this state; requiring disclosure of reasons for certain underwriting decisions; requiring certain policies of health insurance and health care plans to provide coverage for continued medical treatment by a provider of health care under certain circumstances; revising the circumstances under which the Commissioner of Insurance may suspend or revoke a certificate of authority issued to a health maintenance organization; requiring certain public organizations that provide health insurance to provide coverage for continued medical treatment by a provider of health care under certain circumstances; and providing other matters properly relating thereto.

[Approved: June 11, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 679A of NRS is hereby amended by adding thereto a new section to read as follows:

1. If an organization establishes a panel of providers of health care and makes the panel available for use by an insurer when offering health care services pursuant to chapter 689A, 689B, 689C, 695A, 695B or 695C of NRS, the organization shall not charge the insurer or a provider of health care:

(a) A fee to include the name of the provider on the panel of providers of health care; or

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3350 (CHAPTER 497, AB 320)ê

(b) Any other fee related to establishing a provider of health care as a provider for the organization.

2. If an organization violates the provisions of subsection 1, the organization shall pay to the insurer or provider of health care, as appropriate, an amount that is equal to twice the fee charged to the insurer or provider of health care.

3. A court shall award costs and reasonable attorney’s fees to the prevailing party in an action brought pursuant to this section.

4. In addition to any relief granted pursuant to this section, if an organization violates the provisions of subsection 1, and if an insurer offering health care services pursuant to chapter 689A, 689B, 689C, 695A, 695B or 695C of NRS has a contract with or otherwise uses the services of the organization, the Division shall require the insurer to suspend its performance under the contract or discontinue using those services until the organization, as determined by the Division:

(a) Complies with the provisions of subsection 1; and

(b) Refunds to all providers of health care any fees obtained by the organization in violation of subsection 1.

Sec. 2. Chapter 683A of NRS is hereby amended by adding thereto a new section to read as follows:

If an administrator, managing general agent or producer of insurance, or a health maintenance organization when acting as an administrator pursuant to NRS 683A.0851 or a nonprofit corporation for hospital or medical services when acting as an administrator pursuant to NRS 683A.0852, contracts with a provider of health care to provide health care to an insured pursuant to this chapter, the administrator, managing general agent, producer of insurance, health maintenance organization or nonprofit corporation for hospital or medical services shall:

1. If requested by the provider of health care at the time the contract is made, submit to the provider of health care a copy of the schedule of payments applicable to the provider of health care; or

2. If requested by the provider of health care at any other time, submit to the provider of health care the schedule of payments specified in subsection 1 within 7 days after receiving the request.

Sec. 3. NRS 683A.0879 is hereby amended to read as follows:

683A.0879 1. Except as otherwise provided in subsection 2, an administrator shall approve or deny a claim relating to health insurance coverage within 30 days after the administrator receives the claim. If the claim is approved, the administrator shall pay the claim within 30 days after it is approved. Except as otherwise provided in this section, if the approved claim is not paid within that period, the administrator shall pay interest on the claim at a rate of interest equal to the prime rate at the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions, on January 1 or July 1, as the case may be, immediately preceding the date on which the payment was due, plus 6 percent. The interest must be calculated from 30 days after the date on which the claim is approved until the date on which the claim is paid.

2. If the administrator requires additional information to determine whether to approve or deny the claim, he shall notify the claimant of his request for the additional information within 20 days after he receives the claim. The administrator shall notify the provider of health care of all the specific reasons for the delay in approving or denying the claim. The administrator shall approve or deny the claim within 30 days after receiving the additional information.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3351 (CHAPTER 497, AB 320)ê

administrator shall approve or deny the claim within 30 days after receiving the additional information. If the claim is approved, the administrator shall pay the claim within 30 days after he receives the additional information. If the approved claim is not paid within that period, the administrator shall pay interest on the claim in the manner prescribed in subsection 1.

3. An administrator shall not request a claimant to resubmit information that the claimant has already provided to the administrator, unless the administrator provides a legitimate reason for the request and the purpose of the request is not to delay the payment of the claim, harass the claimant or discourage the filing of claims.

4. An administrator shall not pay only part of a claim that has been approved and is fully payable.

5. A court shall award costs and reasonable attorney’s fees to the prevailing party in an action brought pursuant to this section.

6. The payment of interest provided for in this section for the late payment of an approved claim may be waived only if the payment was delayed because of an act of God or another cause beyond the control of the administrator.

7. The Commissioner may require an administrator to provide evidence which demonstrates that the administrator has substantially complied with the requirements set forth in this section, including, without limitation, payment within 30 days of at least 95 percent of approved claims or at least 90 percent of the total dollar amount for approved claims.

8. If the Commissioner determines that an administrator is not in substantial compliance with the requirements set forth in this section, the Commissioner may require the administrator to pay an administrative fine in an amount to be determined by the Commissioner. Upon a second or subsequent determination that an administrator is not in substantial compliance with the requirements set forth in this section, the Commissioner may suspend or revoke the certificate of registration of the administrator.

Sec. 4. (Deleted by amendment.)

Sec. 5. Chapter 686B of NRS is hereby amended by adding thereto a new section to read as follows:

If a filing made with the Commissioner pursuant to paragraph (a) of subsection 1 of NRS 686B.070 pertains to insurance covering the liability of a practitioner licensed pursuant to chapter 630, 631, 632 or 633 of NRS for a breach of his professional duty toward a patient, any interested person, and any association of persons or organization whose members may be affected, may intervene as a matter of right in any hearing or other proceeding conducted to determine whether the applicable rate or proposed increase thereto:

1. Complies with the standards set forth in NRS 686B.050 and subsection 2 of NRS 686B.070.

2. Should be approved or disapproved.

Sec. 6. NRS 686B.020 is hereby amended to read as follows:

686B.020 As used in NRS 686B.010 to 686B.1799, inclusive, and section 5 of this act, unless the context otherwise requires:

1. “Advisory organization,” except as limited by NRS 686B.1752, means any person or organization which is controlled by or composed of two or more insurers and which engages in activities related to rate making. For the purposes of this subsection, two or more insurers with common ownership or operating in this state under common ownership constitute a single insurer.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3352 (CHAPTER 497, AB 320)ê

ownership or operating in this state under common ownership constitute a single insurer. An advisory organization does not include:

(a) A joint underwriting association;

(b) An actuarial or legal consultant; or

2. “Market segment” means any line or kind of insurance or, if it is described in general terms, any subdivision thereof or any class of risks or combination of classes.

3. “Rate service organization” means any person, other than an employee of an insurer, who assists insurers in rate making or filing by:

(a) Collecting, compiling and furnishing loss or expense statistics;

(b) Recommending, making or filing rates or supplementary rate information; or

4. “Supplementary rate information” includes any manual or plan of rates, statistical plan, classification, rating schedule, minimum premium, policy fee, rating rule, rule of underwriting relating to rates and any other information prescribed by regulation of the Commissioner.

Sec. 7. NRS 686B.040 is hereby amended to read as follows:

686B.040 [The]

1. Except as otherwise provided in subsection 2, the Commissioner may by rule exempt any person or class of persons or any market segment from any or all of the provisions of NRS 686B.010 to 686B.1799, inclusive, and section 5 of this act, if and to the extent that he finds their application unnecessary to achieve the purposes of those sections.

2. The Commissioner may not, by rule or otherwise, exempt an insurer from the provisions of NRS 686B.010 to 686B.1799, inclusive, and section 5 of this act, with regard to insurance covering the liability of a practitioner licensed pursuant to chapter 630, 631, 632 or 633 of NRS for a breach of his professional duty toward a patient.

Sec. 8. NRS 686B.070 is hereby amended to read as follows:

686B.070 1. Every authorized insurer and every rate service organization licensed under NRS [686B.130] 686B.140 which has been designated by any insurer for the filing of rates under subsection 2 of NRS 686B.090 shall file with the Commissioner all:

[1.] (a) Rates and proposed increases thereto;

[2.] (b) Forms of policies to which the rates apply;

[3.] (c) Supplementary rate information; and

[4.] (d) Changes and amendments thereof,

made by it for use in this state.

2. If an insurer makes a filing for a proposed increase in a rate for insurance covering the liability of a practitioner licensed pursuant to chapter 630, 631, 632 or 633 of NRS for a breach of his professional duty toward a patient, the insurer shall not include in the filing any component that is directly or indirectly related to the following:

(a) Capital losses, diminished cash flow from any dividends, interest or other investment returns, or any other financial loss that is materially outside of the claims experience of the professional liability insurance industry, as determined by the Commissioner.

(b) Losses that are the result of any criminal or fraudulent activities of a director, officer or employee of the insurer.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3353 (CHAPTER 497, AB 320)ê

If the Commissioner determines that a filing includes any such component, the Commissioner shall, pursuant to NRS 686B.110, disapprove the proposed increase, in whole or in part, to the extent that the proposed increase relies upon such a component.

Sec. 8.3. NRS 686B.090 is hereby amended to read as follows:

686B.090 1. An insurer shall establish rates and supplementary rate information for any market segment based on the factors in NRS 686B.060. If an insurer has insufficient creditable loss experience, it may use rates and supplementary rate information prepared by a rate service organization, with modification for its own expense and loss experience.

2. An insurer may discharge its obligation under subsection 1 of NRS 686B.070 by giving notice to the Commissioner that it uses rates and supplementary rate information prepared by a designated rate service organization, with such information about modifications thereof as are necessary fully to inform the Commissioner. The insurer’s rates and supplementary rate information shall be deemed those filed from time to time by the rate service organization, including any amendments thereto as filed, subject [, however,] to the modifications filed by the insurer.

Sec. 8.7. NRS 686B.110 is hereby amended to read as follows:

686B.110 1. The Commissioner shall consider each proposed increase or decrease in the rate of any kind or line of insurance or subdivision thereof filed with him pursuant to subsection 1 of NRS 686B.070. If the Commissioner finds that a proposed increase will result in a rate which is not in compliance with NRS 686B.050 [,] or subsection 2 of NRS 686B.070, he shall disapprove the proposal. The Commissioner shall approve or disapprove each proposal no later than 60 days after it is determined by him to be complete pursuant to subsection 4. If the Commissioner fails to approve or disapprove the proposal within that period, the proposal shall be deemed approved.

2. Whenever an insurer has no legally effective rates as a result of the Commissioner’s disapproval of rates or other act, the Commissioner shall on request specify interim rates for the insurer that are high enough to protect the interests of all parties and may order that a specified portion of the premiums be placed in an escrow account approved by him. When new rates become legally effective, the Commissioner shall order the escrowed funds or any overcharge in the interim rates to be distributed appropriately, except that refunds to policyholders that are de minimis must not be required.

3. If the Commissioner disapproves a proposed rate and an insurer requests a hearing to determine the validity of his action, the insurer has the burden of showing compliance with the applicable standards for rates established in NRS 686B.010 to 686B.1799, inclusive. Any such hearing must be held:

(a) Within 30 days after the request for a hearing has been submitted to the Commissioner; or

(b) Within a period agreed upon by the insurer and the Commissioner.

If the hearing is not held within the period specified in paragraph (a) or (b), or if the Commissioner fails to issue an order concerning the proposed rate for which the hearing is held within 45 days after the hearing, the proposed rate shall be deemed approved.

4. The Commissioner shall by regulation specify the documents or any other information which must be included in a proposal to increase or decrease a rate submitted to him pursuant to subsection 1.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3354 (CHAPTER 497, AB 320)ê

decrease a rate submitted to him pursuant to subsection 1. Each such proposal shall be deemed complete upon its filing with the Commissioner, unless the Commissioner, within 15 business days after the proposal is filed with him, determines that the proposal is incomplete because the proposal does not comply with the regulations adopted by him pursuant to this subsection.

Sec. 9. Chapter 689A of NRS is hereby amended by adding thereto a new section to read as follows:

1. The provisions of this section apply to a policy of health insurance offered or issued by an insurer if an insured covered by the policy receives health care through a defined set of providers of health care who are under contract with the insurer.

2. Except as otherwise provided in this section, if an insured who is covered by a policy described in subsection 1 is receiving medical treatment for a medical condition from a provider of health care whose contract with the insurer is terminated during the course of the medical treatment, the policy must provide that:

(a) The insured may continue to obtain medical treatment for the medical condition from the provider of health care pursuant to this section, if:

(1) The insured is actively undergoing a medically necessary course of treatment; and

(2) The provider of health care and the insured agree that the continuity of care is desirable.

(b) The provider of health care is entitled to receive reimbursement from the insurer for the medical treatment he provides to the insured pursuant to this section, if the provider of health care agrees:

(1) To provide medical treatment under the terms of the contract between the provider of health care and the insurer with regard to the insured, including, without limitation, the rates of payment for providing medical service, as those terms existed before the termination of the contract between the provider of health care and the insurer; and

(2) Not to seek payment from the insured for any medical service provided by the provider of health care that the provider of health care could not have received from the insured were the provider of health care still under contract with the insurer.

3. The coverage required by subsection 2 must be provided until the later of:

(a) The 120th day after the date the contract is terminated; or

(b) If the medical condition is pregnancy, the 45th day after:

(1) The date of delivery; or

(2) If the pregnancy does not end in delivery, the date of the end of the pregnancy.

4. The requirements of this section do not apply to a provider of health care if:

(a) The provider of health care was under contract with the insurer and the insurer terminated that contract because of the medical incompetence or professional misconduct of the provider of health care; and

(b) The insurer did not enter into another contract with the provider of health care after the contract was terminated pursuant to paragraph (a).

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3355 (CHAPTER 497, AB 320)ê

5. A policy subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2003, has the legal effect of including the coverage required by this section, and any provision of the policy or renewal thereof that is in conflict with this section is void.

6. The Commissioner shall adopt regulations to carry out the provisions of this section.

Sec. 10. NRS 689A.035 is hereby amended to read as follows:

689A.035 1. An insurer shall not charge a provider of health care a fee to include the name of the provider on a list of providers of health care given by the insurer to its insureds.

2. An insurer shall not contract with a provider of health care to provide health care to an insured unless the insurer uses the form prescribed by the Commissioner pursuant to section 40.3 of this act to obtain any information related to the credentials of the provider of health care.

3. A contract between an insurer and a provider of health care may be modified:

(a) At any time pursuant to a written agreement executed by both parties.

(b) Except as otherwise provided in this paragraph, by the insurer upon giving to the provider 30 days’ written notice of the modification. If the provider fails to object in writing to the modification within the 30-day period, the modification becomes effective at the end of that period. If the provider objects in writing to the modification within the 30-day period, the modification must not become effective unless agreed to by both parties as described in paragraph (a).

4. If an insurer contracts with a provider of health care to provide health care to an insured, the insurer shall:

(a) If requested by the provider of health care at the time the contract is made, submit to the provider of health care the schedule of payments applicable to the provider of health care; or

(b) If requested by the provider of health care at any other time, submit to the provider of health care the schedule of payments specified in paragraph (a) within 7 days after receiving the request.

5. As used in this section, “provider of health care” means a provider of health care who is licensed pursuant to chapter 630, 631, 632 or 633 of NRS.

Sec. 11. NRS 689A.330 is hereby amended to read as follows:

689A.330 If any policy is issued by a domestic insurer for delivery to a person residing in another state, and if the insurance commissioner or corresponding public officer of that other state has informed the Commissioner that the policy is not subject to approval or disapproval by that officer, the Commissioner may by ruling require that the policy meet the standards set forth in NRS 689A.030 to 689A.320, inclusive [.] , and section 9 of this act.

Sec. 12. NRS 689A.410 is hereby amended to read as follows:

689A.410 1. Except as otherwise provided in subsection 2, an insurer shall approve or deny a claim relating to a policy of health insurance within 30 days after the insurer receives the claim. If the claim is approved, the insurer shall pay the claim within 30 days after it is approved. Except as otherwise provided in this section, if the approved claim is not paid within that period, the insurer shall pay interest on the claim at a rate of interest equal to the prime rate at the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions, on January 1 or July 1, as the case may be, immediately preceding the date on which the payment was due, plus 6 percent.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3356 (CHAPTER 497, AB 320)ê

equal to the prime rate at the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions, on January 1 or July 1, as the case may be, immediately preceding the date on which the payment was due, plus 6 percent. The interest must be calculated from 30 days after the date on which the claim is approved until the date on which the claim is paid.

2. If the insurer requires additional information to determine whether to approve or deny the claim, it shall notify the claimant of its request for the additional information within 20 days after it receives the claim. The insurer shall notify the provider of health care of all the specific reasons for the delay in approving or denying the claim. The insurer shall approve or deny the claim within 30 days after receiving the additional information. If the claim is approved, the insurer shall pay the claim within 30 days after it receives the additional information. If the approved claim is not paid within that period, the insurer shall pay interest on the claim in the manner prescribed in subsection 1.

3. An insurer shall not request a claimant to resubmit information that the claimant has already provided to the insurer, unless the insurer provides a legitimate reason for the request and the purpose of the request is not to delay the payment of the claim, harass the claimant or discourage the filing of claims.

4. An insurer shall not pay only part of a claim that has been approved and is fully payable.

5. A court shall award costs and reasonable attorney’s fees to the prevailing party in an action brought pursuant to this section.

7. The Commissioner may require an insurer to provide evidence which demonstrates that the insurer has substantially complied with the requirements set forth in this section, including, without limitation, payment within 30 days of at least 95 percent of approved claims or at least 90 percent of the total dollar amount for approved claims.

8. If the Commissioner determines that an insurer is not in substantial compliance with the requirements set forth in this section, the Commissioner may require the insurer to pay an administrative fine in an amount to be determined by the Commissioner. Upon a second or subsequent determination that an insurer is not in substantial compliance with the requirements set forth in this section, the Commissioner may suspend or revoke the certificate of authority of the insurer.

Sec. 13. Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:

1. The provisions of this section apply to a policy of group health insurance offered or issued by an insurer if an insured covered by the policy receives health care through a defined set of providers of health care who are under contract with the insurer.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3357 (CHAPTER 497, AB 320)ê

(a) The insured may continue to obtain medical treatment for the medical condition from the provider of health care pursuant to this section, if:

(1) The insured is actively undergoing a medically necessary course of treatment; and

(2) The provider of health care and the insured agree that the continuity of care is desirable.

3. The coverage required by subsection 2 must be provided until the later of:

(a) The 120th day after the date the contract is terminated; or

(b) If the medical condition is pregnancy, the 45th day after:

(1) The date of delivery; or

(2) If the pregnancy does not end in delivery, the date of the end of the pregnancy.

4. The requirements of this section do not apply to a provider of health care if:

(b) The insurer did not enter into another contract with the provider of health care after the contract was terminated pursuant to paragraph (a).

6. The Commissioner shall adopt regulations to carry out the provisions of this section.

Sec. 14. NRS 689B.015 is hereby amended to read as follows:

689B.015 1. An insurer that issues a policy of group health insurance shall not charge a provider of health care a fee to include the name of the provider on a list of providers of health care given by the insurer to its insureds.

2. An insurer specified in subsection 1 shall not contract with a provider of health care to provide health care to an insured unless the insurer uses the form prescribed by the Commissioner pursuant to section 40.3 of this act to obtain any information related to the credentials of the provider of health care.

3. A contract between an insurer specified in subsection 1 and a provider of health care may be modified:

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3358 (CHAPTER 497, AB 320)ê

(a) At any time pursuant to a written agreement executed by both parties.

4. If an insurer specified in subsection 1 contracts with a provider of health care to provide health care to an insured, the insurer shall:

(a) If requested by the provider of health care at the time the contract is made, submit to the provider of health care the schedule of payments applicable to the provider of health care; or

(b) If requested by the provider of health care at any other time, submit to the provider of health care the schedule of payments specified in paragraph (a) within 7 days after receiving the request.

5. As used in this section, “provider of health care” means a provider of health care who is licensed pursuant to chapter 630, 631, 632 or 633 of NRS.

Sec. 15. NRS 689B.255 is hereby amended to read as follows:

689B.255 1. Except as otherwise provided in subsection 2, an insurer shall approve or deny a claim relating to a policy of group health insurance or blanket insurance within 30 days after the insurer receives the claim. If the claim is approved, the insurer shall pay the claim within 30 days after it is approved. Except as otherwise provided in this section, if the approved claim is not paid within that period, the insurer shall pay interest on the claim at a rate of interest equal to the prime rate at the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions, on January 1 or July 1, as the case may be, immediately preceding the date on which the payment was due, plus 6 percent. The interest must be calculated from 30 days after the date on which the claim is approved until the date on which the claim is paid.

4. An insurer shall not pay only part of a claim that has been approved and is fully payable.

5. A court shall award costs and reasonable attorney’s fees to the prevailing party in an action brought pursuant to this section.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3359 (CHAPTER 497, AB 320)ê

Sec. 16. NRS 689C.435 is hereby amended to read as follows:

689C.435 1. A carrier serving small employers and a carrier that offers a contract to a voluntary purchasing group shall not charge a provider of health care a fee to include the name of the provider on a list of providers of health care given by the carrier to its insureds.

2. A carrier specified in subsection 1 shall not contract with a provider of health care to provide health care to an insured unless the carrier uses the form prescribed by the Commissioner pursuant to section 40.3 of this act to obtain any information related to the credentials of the provider of health care.

3. A contract between a carrier specified in subsection 1 and a provider of health care may be modified:

(a) At any time pursuant to a written agreement executed by both parties.

(b) Except as otherwise provided in this paragraph, by the carrier upon giving to the provider 30 days’ written notice of the modification. If the provider fails to object in writing to the modification within the 30-day period, the modification becomes effective at the end of that period. If the provider objects in writing to the modification within the 30-day period, the modification must not become effective unless agreed to by both parties as described in paragraph (a).

4. If a carrier specified in subsection 1 contracts with a provider of health care to provide health care to an insured, the carrier shall:

(a) If requested by the provider of health care at the time the contract is made, submit to the provider of health care the schedule of payments applicable to the provider of health care; or

(b) If requested by the provider of health care at any other time, submit to the provider of health care the schedule of payments specified in paragraph (a) within 7 days after receiving the request.

5. As used in this section, “provider of health care” means a provider of health care who is licensed pursuant to chapter 630, 631, 632 or 633 of NRS.

Sec. 17. NRS 689C.485 is hereby amended to read as follows:

689C.485 1. Except as otherwise provided in subsection 2, a carrier serving small employers and a carrier that offers a contract to a voluntary purchasing group shall approve or deny a claim relating to a policy of health insurance within 30 days after the carrier receives the claim.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3360 (CHAPTER 497, AB 320)ê

insurance within 30 days after the carrier receives the claim. If the claim is approved, the carrier shall pay the claim within 30 days after it is approved. Except as otherwise provided in this section, if the approved claim is not paid within that period, the carrier shall pay interest on the claim at a rate of interest equal to the prime rate at the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions, on January 1 or July 1, as the case may be, immediately preceding the date on which the payment was due, plus 6 percent. The interest must be calculated from 30 days after the date on which the claim is approved until the date on which the claim is paid.

2. If the carrier requires additional information to determine whether to approve or deny the claim, it shall notify the claimant of its request for the additional information within 20 days after it receives the claim. The carrier shall notify the provider of health care of all the specific reasons for the delay in approving or denying the claim. The carrier shall approve or deny the claim within 30 days after receiving the additional information. If the claim is approved, the carrier shall pay the claim within 30 days after it receives the additional information. If the approved claim is not paid within that period, the carrier shall pay interest on the claim in the manner prescribed in subsection 1.

3. A carrier shall not request a claimant to resubmit information that the claimant has already provided to the carrier, unless the carrier provides a legitimate reason for the request and the purpose of the request is not to delay the payment of the claim, harass the claimant or discourage the filing of claims.

4. A carrier shall not pay only part of a claim that has been approved and is fully payable.

5. A court shall award costs and reasonable attorney’s fees to the prevailing party in an action brought pursuant to this section.

7. The Commissioner may require a carrier to provide evidence which demonstrates that the carrier has substantially complied with the requirements set forth in this section, including, without limitation, payment within 30 days of at least 95 percent of approved claims or at least 90 percent of the total dollar amount for approved claims.

8. If the Commissioner determines that a carrier is not in substantial compliance with the requirements set forth in this section, the Commissioner may require the carrier to pay an administrative fine in an amount to be determined by the Commissioner. Upon a second or subsequent determination that a carrier is not in substantial compliance with the requirements set forth in this section, the Commissioner may suspend or revoke the certificate of authority of the carrier.

Sec. 18. Chapter 690B of NRS is hereby amended by adding thereto the provisions set forth as sections 19 to 22, inclusive, of this act.

Sec. 19. If a settlement or judgment exceeds the limits of the coverage provided by a policy of insurance covering the liability of a practitioner licensed pursuant to chapter 630, 631, 632 or 633 of NRS for a breach of his professional duty toward a patient, the Commissioner shall review the settlement or judgment. If the Commissioner finds, after notice and a hearing, or upon waiver of hearing by the insurer, that the insurer who issued the policy violated any provision of this code with regard to the settlement or judgment, any combination of such settlements or judgments, or any proceedings related thereto, the Commissioner may suspend, limit or revoke the insurer’s certificate of authority.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3361 (CHAPTER 497, AB 320)ê

who issued the policy violated any provision of this code with regard to the settlement or judgment, any combination of such settlements or judgments, or any proceedings related thereto, the Commissioner may suspend, limit or revoke the insurer’s certificate of authority.

Sec. 20. If an insurer declines to issue to a practitioner licensed pursuant to chapter 630, 631, 632 or 633 of NRS a policy of insurance covering the liability of the practitioner for a breach of his professional duty toward a patient, the insurer shall, upon the request of the practitioner, disclose to the practitioner the reasons the insurer declined to issue the policy.

Sec. 21. If an insurer, for a policy of insurance covering the liability of a practitioner licensed pursuant to chapter 630, 631, 632 or 633 of NRS for a breach of his professional duty toward a patient, sets the premium for the policy for the practitioner at a rate that is higher than the standard rate of the insurer for the applicable type of policy and specialty of the practitioner, the insurer shall, upon the request of the practitioner, disclose the reasons the insurer set the premium for the policy at the higher rate.

Sec. 22. 1. Except as otherwise provided in this section, if an insurer intends to cancel, terminate or otherwise not renew all policies of professional liability insurance that it has issued to any class, type or specialty of practitioner licensed pursuant to chapter 630, 631 or 633 of NRS, the insurer must provide 120 days’ notice of its intended action to the Commissioner and the practitioners before its intended action becomes effective.

2. If an insurer intends to cancel, terminate or otherwise not renew a specific policy of professional liability insurance that it has issued to a practitioner who is practicing in one or more of the essential medical specialties designated by the Commissioner:

(a) The insurer must provide 120 days’ notice to the practitioner before its intended action becomes effective; and

(b) The Commissioner may require the insurer to delay its intended action for a period of not more than 60 days if the Commissioner determines that a replacement policy is not readily available to the practitioner.

3. If an insurer intends to cancel, terminate or otherwise not renew all policies of professional liability insurance that it has issued to practitioners who are practicing in one or more of the essential medical specialties designated by the Commissioner:

(a) The insurer must provide 120 days’ notice of its intended action to the Commissioner and the practitioners before its intended action becomes effective; and

(b) The Commissioner may require the insurer to delay its intended action for a period of not more than 60 days if the Commissioner determines that replacement policies are not readily available to the practitioners.

4. On or before April 1 of each year, the Commissioner shall:

(a) Determine whether there are any medical specialties in this state which are essential as a matter of public policy and which must be protected pursuant to this section from certain adverse actions relating to professional liability insurance that may impair the availability of those essential medical specialties to the residents of this state; and

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3362 (CHAPTER 497, AB 320)ê

(b) Make a list containing the essential medical specialties designated by the Commissioner and provide the list to each insurer that issues policies of professional liability insurance to practitioners who are practicing in one or more of the essential medical specialties.

5. The Commissioner may adopt any regulations that are necessary to carry out the provisions of this section.

6. Until the Commissioner determines which, if any, medical specialties are to be designated as essential medical specialties, the following medical specialties shall be deemed to be essential medical specialties for the purposes of this section:

(a) Emergency medicine.

(b) Neurosurgery.

(d) Orthopedic surgery.

(e) Pediatrics.

(f) Trauma surgery.

7. As used in this section, “professional liability insurance” means insurance covering the liability of a practitioner for a breach of his professional duty toward a patient.

Sec. 23. NRS 695A.095 is hereby amended to read as follows:

695A.095 1. A society shall not charge a provider of health care a fee to include the name of the provider on a list of providers of health care given by the society to its insureds.

2. A society shall not contract with a provider of health care to provide health care to an insured unless the society uses the form prescribed by the Commissioner pursuant to section 40.3 of this act to obtain any information related to the credentials of the provider of health care.

3. A contract between a society and a provider of health care may be modified:

(a) At any time pursuant to a written agreement executed by both parties.

(b) Except as otherwise provided in this paragraph, by the society upon giving to the provider 30 days’ written notice of the modification. If the provider fails to object in writing to the modification within the 30-day period, the modification becomes effective at the end of that period. If the provider objects in writing to the modification within the 30-day period, the modification must not become effective unless agreed to by both parties as described in paragraph (a).

4. If a society contracts with a provider of health care to provide health care to an insured, the society shall:

(a) If requested by the provider of health care at the time the contract is made, submit to the provider of health care the schedule of payments applicable to the provider of health care; or

(b) If requested by the provider of health care at any other time, submit to the provider of health care the schedule of payments specified in paragraph (a) within 7 days after receiving the request.

5. As used in this section, “provider of health care” means a provider of health care who is licensed pursuant to chapter 630, 631, 632 or 633 of NRS.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3363 (CHAPTER 497, AB 320)ê

Sec. 24. Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:

1. The provisions of this section apply to a policy of health insurance offered or issued by a hospital or medical service corporation if an insured covered by the policy receives health care through a defined set of providers of health care who are under contract with the hospital or medical service corporation.

2. Except as otherwise provided in this section, if an insured who is covered by a policy described in subsection 1 is receiving medical treatment for a medical condition from a provider of health care whose contract with the hospital or medical service corporation is terminated during the course of the medical treatment, the policy must provide that:

(a) The insured may continue to obtain medical treatment for the medical condition from the provider of health care pursuant to this section, if:

(1) The insured is actively undergoing a medically necessary course of treatment; and

(2) The provider of health care and the insured agree that the continuity of care is desirable.

(b) The provider of health care is entitled to receive reimbursement from the hospital or medical service corporation for the medical treatment he provides to the insured pursuant to this section, if the provider of health care agrees:

(1) To provide medical treatment under the terms of the contract between the provider of health care and the hospital or medical service corporation with regard to the insured, including, without limitation, the rates of payment for providing medical service, as those terms existed before the termination of the contract between the provider of health care and the hospital or medical service corporation; and

3. The coverage required by subsection 2 must be provided until the later of:

(a) The 120th day after the date the contract is terminated; or

(b) If the medical condition is pregnancy, the 45th day after:

(1) The date of delivery; or

(2) If the pregnancy does not end in delivery, the date of the end of the pregnancy.

4. The requirements of this section do not apply to a provider of health care if:

(a) The provider of health care was under contract with the hospital or medical service corporation and the hospital or medical service corporation terminated that contract because of the medical incompetence or professional misconduct of the provider of health care; and

(b) The hospital or medical service corporation did not enter into another contract with the provider of health care after the contract was terminated pursuant to paragraph (a).

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3364 (CHAPTER 497, AB 320)ê

effect of including the coverage required by this section, and any provision of the policy or renewal thereof that is in conflict with this section is void.

6. The Commissioner shall adopt regulations to carry out the provisions of this section.

Sec. 25. NRS 695B.035 is hereby amended to read as follows:

695B.035 1. A corporation subject to the provisions of this chapter shall not charge a provider of health care a fee to include the name of the provider on a list of providers of health care given by the corporation to its insureds.

2. A corporation specified in subsection 1 shall not contract with a provider of health care to provide health care to an insured unless the corporation uses the form prescribed by the Commissioner pursuant to section 40.3 of this act to obtain any information related to the credentials of the provider of health care.

3. A contract between a corporation specified in subsection 1 and a provider of health care may be modified:

(a) At any time pursuant to a written agreement executed by both parties.

(b) Except as otherwise provided in this paragraph, by the corporation upon giving to the provider 30 days’ written notice of the modification. If the provider fails to object in writing to the modification within the 30-day period, the modification becomes effective at the end of that period. If the provider objects in writing to the modification within the 30-day period, the modification must not become effective unless agreed to by both parties as described in paragraph (a).

4. If a corporation specified in subsection 1 contracts with a provider of health care to provide health care to an insured, the corporation shall:

(a) If requested by the provider of health care at the time the contract is made, submit to the provider of health care the schedule of payments applicable to the provider of health care; or

(b) If requested by the provider of health care at any other time, submit to the provider of health care the schedule of payments specified in paragraph (a) within 7 days after receiving the request.

5. As used in this section, “provider of health care” means a provider of health care who is licensed pursuant to chapter 630, 631, 632 or 633 of NRS.

Sec. 26. NRS 695B.2505 is hereby amended to read as follows:

695B.2505 1. Except as otherwise provided in subsection 2, a corporation subject to the provisions of this chapter shall approve or deny a claim relating to a contract for dental, hospital or medical services within 30 days after the corporation receives the claim. If the claim is approved, the corporation shall pay the claim within 30 days after it is approved. Except as otherwise provided in this section, if the approved claim is not paid within that period, the corporation shall pay interest on the claim at a rate of interest equal to the prime rate at the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions, on January 1 or July 1, as the case may be, immediately preceding the date on which the payment was due, plus 6 percent. The interest must be calculated from 30 days after the date on which the claim is approved until the date on which the claim is paid.

2. If the corporation requires additional information to determine whether to approve or deny the claim, it shall notify the claimant of its request for the additional information within 20 days after it receives the claim.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3365 (CHAPTER 497, AB 320)ê

claim. The corporation shall notify the provider of dental, hospital or medical services of all the specific reasons for the delay in approving or denying the claim. The corporation shall approve or deny the claim within 30 days after receiving the additional information. If the claim is approved, the corporation shall pay the claim within 30 days after it receives the additional information. If the approved claim is not paid within that period, the corporation shall pay interest on the claim in the manner prescribed in subsection 1.

3. A corporation shall not request a claimant to resubmit information that the claimant has already provided to the corporation, unless the corporation provides a legitimate reason for the request and the purpose of the request is not to delay the payment of the claim, harass the claimant or discourage the filing of claims.

4. A corporation shall not pay only part of a claim that has been approved and is fully payable.

5. A court shall award costs and reasonable attorney’s fees to the prevailing party in an action brought pursuant to this section.

7. The Commissioner may require a corporation to provide evidence which demonstrates that the corporation has substantially complied with the requirements set forth in this section, including, without limitation, payment within 30 days of at least 95 percent of approved claims or at least 90 percent of the total dollar amount for approved claims.

8. If the Commissioner determines that a corporation is not in substantial compliance with the requirements set forth in this section, the Commissioner may require the corporation to pay an administrative fine in an amount to be determined by the Commissioner. Upon a second or subsequent determination that a corporation is not in substantial compliance with the requirements set forth in this section, the Commissioner may suspend or revoke the certificate of authority of the corporation.

Sec. 27. Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:

1. The provisions of this section apply to a health care plan offered or issued by a health maintenance organization if an insured covered by the health care plan receives health care through a defined set of providers of health care who are under contract with the health maintenance organization.

2. Except as otherwise provided in this section, if an insured who is covered by a health care plan described in subsection 1 is receiving medical treatment for a medical condition from a provider of health care whose contract with the health maintenance organization is terminated during the course of the medical treatment, the health care plan must provide that:

(a) The insured may continue to obtain medical treatment for the medical condition from the provider of health care pursuant to this section, if:

(1) The insured is actively undergoing a medically necessary course of treatment; and

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3366 (CHAPTER 497, AB 320)ê

(2) The provider of health care and the insured agree that the continuity of care is desirable.

(b) The provider of health care is entitled to receive reimbursement from the health maintenance organization for the medical treatment he provides to the insured pursuant to this section, if the provider of health care agrees:

(1) To provide medical treatment under the terms of the contract between the provider of health care and the health maintenance organization with regard to the insured, including, without limitation, the rates of payment for providing medical service, as those terms existed before the termination of the contract between the provider of health care and the health maintenance organization; and

3. The coverage required by subsection 2 must be provided until the later of:

(a) The 120th day after the date the contract is terminated; or

(b) If the medical condition is pregnancy, the 45th day after:

(1) The date of delivery; or

(2) If the pregnancy does not end in delivery, the date of the end of the pregnancy.

4. The requirements of this section do not apply to a provider of health care if:

(a) The provider of health care was under contract with the health maintenance organization and the health maintenance organization terminated that contract because of the medical incompetence or professional misconduct of the provider of health care; and

(b) The health maintenance organization did not enter into another contract with the provider of health care after the contract was terminated pursuant to paragraph (a).

5. An evidence of coverage for a health care plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2003, has the legal effect of including the coverage required by this section, and any provision of the evidence of coverage or renewal thereof that is in conflict with this section is void.

6. The Commissioner shall adopt regulations to carry out the provisions of this section.

Sec. 28. NRS 695C.050 is hereby amended to read as follows:

695C.050 1. Except as otherwise provided in this chapter or in specific provisions of this title, the provisions of this title are not applicable to any health maintenance organization granted a certificate of authority under this chapter. This provision does not apply to an insurer licensed and regulated pursuant to this title except with respect to its activities as a health maintenance organization authorized and regulated pursuant to this chapter.

2. Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, must not be construed to violate any provision of law relating to solicitation or advertising by practitioners of a healing art.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3367 (CHAPTER 497, AB 320)ê

3. Any health maintenance organization authorized under this chapter shall not be deemed to be practicing medicine and is exempt from the provisions of chapter 630 of NRS.

4. The provisions of NRS 695C.110, 695C.125, 695C.170 to 695C.200, inclusive, 695C.250 and 695C.265 and section 27 of this act do not apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Children’s Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Human Resources. This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.

5. The provisions of NRS 695C.1694 and 695C.1695 apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid.

Sec. 29. NRS 695C.055 is hereby amended to read as follows:

695C.055 1. The provisions of NRS 449.465, 679B.700, subsections 2, 4, 18, 19 and 32 of NRS 680B.010, NRS 680B.025 to 680B.060, inclusive, and [chapter] chapters 686A and 695G of NRS and section 1 of this act apply to a health maintenance organization.

2. For the purposes of subsection 1, unless the context requires that a provision apply only to insurers, any reference in those sections to “insurer” must be replaced by “health maintenance organization.”

Sec. 30. NRS 695C.125 is hereby amended to read as follows:

695C.125 [A health maintenance organization shall not charge a provider of health care a fee to include the name of the provider on a list of providers of health care given by the health maintenance organization to its enrollees.]

1. A health maintenance organization shall not contract with a provider of health care to provide health care to an insured unless the health maintenance organization uses the form prescribed by the Commissioner pursuant to section 40.3 of this act to obtain any information related to the credentials of the provider of health care.

2. A contract between a health maintenance organization and a provider of health care may be modified:

(a) At any time pursuant to a written agreement executed by both parties.

(b) Except as otherwise provided in this paragraph, by the health maintenance organization upon giving to the provider 30 days’ written notice of the modification. If the provider fails to object in writing to the modification within the 30-day period, the modification becomes effective at the end of that period. If the provider objects in writing to the modification within the 30-day period, the modification must not become effective unless agreed to by both parties as described in paragraph (a).

3. If a health maintenance organization contracts with a provider of health care to provide health care to an enrollee, the health maintenance organization shall:

(a) If requested by the provider of health care at the time the contract is made, submit to the provider of health care the schedule of payments applicable to the provider of health care; or

(b) If requested by the provider of health care at any other time, submit to the provider of health care the schedule of payments specified in paragraph (a) within 7 days after receiving the request.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3368 (CHAPTER 497, AB 320)ê

4. As used in this section, “provider of health care” means a provider of health care who is licensed pursuant to chapter 630, 631, 632 or 633 of NRS.

Sec. 31. NRS 695C.185 is hereby amended to read as follows:

695C.185 1. Except as otherwise provided in subsection 2, a health maintenance organization shall approve or deny a claim relating to a health care plan within 30 days after the health maintenance organization receives the claim. If the claim is approved, the health maintenance organization shall pay the claim within 30 days after it is approved. Except as otherwise provided in this section, if the approved claim is not paid within that period, the health maintenance organization shall pay interest on the claim at a rate of interest equal to the prime rate at the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions, on January 1 or July 1, as the case may be, immediately preceding the date on which the payment was due, plus 6 percent. The interest must be calculated from 30 days after the date on which the claim is approved until the date on which the claim is paid.

2. If the health maintenance organization requires additional information to determine whether to approve or deny the claim, it shall notify the claimant of its request for the additional information within 20 days after it receives the claim. The health maintenance organization shall notify the provider of health care services of all the specific reasons for the delay in approving or denying the claim. The health maintenance organization shall approve or deny the claim within 30 days after receiving the additional information. If the claim is approved, the health maintenance organization shall pay the claim within 30 days after it receives the additional information. If the approved claim is not paid within that period, the health maintenance organization shall pay interest on the claim in the manner prescribed in subsection 1.

3. A health maintenance organization shall not request a claimant to resubmit information that the claimant has already provided to the health maintenance organization, unless the health maintenance organization provides a legitimate reason for the request and the purpose of the request is not to delay the payment of the claim, harass the claimant or discourage the filing of claims.

4. A health maintenance organization shall not pay only part of a claim that has been approved and is fully payable.

5. A court shall award costs and reasonable attorney’s fees to the prevailing party in an action brought pursuant to this section.

7. The Commissioner may require a health maintenance organization to provide evidence which demonstrates that the health maintenance organization has substantially complied with the requirements set forth in this section, including, without limitation, payment within 30 days of at least 95 percent of approved claims or at least 90 percent of the total dollar amount for approved claims.

8. If the Commissioner determines that a health maintenance organization is not in substantial compliance with the requirements set forth in this section, the Commissioner may require the health maintenance organization to pay an administrative fine in an amount to be determined by the Commissioner.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3369 (CHAPTER 497, AB 320)ê

organization to pay an administrative fine in an amount to be determined by the Commissioner. Upon a second or subsequent determination that a health maintenance organization is not in substantial compliance with the requirements set forth in this section, the Commissioner may suspend or revoke the certificate of authority of the health maintenance organization.

Sec. 32. NRS 695C.330 is hereby amended to read as follows:

695C.330 1. The Commissioner may suspend or revoke any certificate of authority issued to a health maintenance organization pursuant to the provisions of this chapter if he finds that any of the following conditions exist:

(a) The health maintenance organization is operating significantly in contravention of its basic organizational document, its health care plan or in a manner contrary to that described in and reasonably inferred from any other information submitted pursuant to NRS 695C.060, 695C.070 and 695C.140, unless any amendments to those submissions have been filed with and approved by the Commissioner;

(b) The health maintenance organization issues evidence of coverage or uses a schedule of charges for health care services which do not comply with the requirements of NRS [695C.170] 695C.1694 to 695C.200, inclusive, [or 695C.1694, 695C.1695] or 695C.207;

(d) The State Board of Health certifies to the Commissioner that the health maintenance organization:

(1) Does not meet the requirements of subsection 2 of NRS 695C.080; or

(2) Is unable to fulfill its obligations to furnish health care services as required under its health care plan;

(e) The health maintenance organization is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees;

(f) The health maintenance organization has failed to put into effect a mechanism affording the enrollees an opportunity to participate in matters relating to the content of programs pursuant to NRS 695C.110;

(g) The health maintenance organization has failed to put into effect the system for resolving complaints required by NRS 695C.260 in a manner reasonably to dispose of valid complaints;

(h) The health maintenance organization or any person on its behalf has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive or unfair manner;

(i) The continued operation of the health maintenance organization would be hazardous to its enrollees; [or]

(j) The health maintenance organization fails to provide the coverage required by section 27 of this act; or

(k) The health maintenance organization has otherwise failed to comply substantially with the provisions of this chapter.

2. A certificate of authority must be suspended or revoked only after compliance with the requirements of NRS 695C.340.

3. If the certificate of authority of a health maintenance organization is suspended, the health maintenance organization shall not, during the period of that suspension, enroll any additional groups or new individual contracts, unless those groups or persons were contracted for before the date of suspension.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3370 (CHAPTER 497, AB 320)ê

unless those groups or persons were contracted for before the date of suspension.

4. If the certificate of authority of a health maintenance organization is revoked, the organization shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs and shall conduct no further business except as may be essential to the orderly conclusion of the affairs of the organization. It shall engage in no further advertising or solicitation of any kind. The Commissioner may , by written order , permit such further operation of the organization as he may find to be in the best interest of enrollees to the end that enrollees are afforded the greatest practical opportunity to obtain continuing coverage for health care.

Sec. 33. Chapter 695G of NRS is hereby amended by adding thereto a new section to read as follows:

1. The provisions of this section apply to a health care plan offered or issued by a managed care organization if an insured covered by the health care plan receives health care through a defined set of providers of health care who are under contract with the managed care organization.

2. Except as otherwise provided in this section, if an insured who is covered by a health care plan described in subsection 1 is receiving medical treatment for a medical condition from a provider of health care whose contract with the managed care organization is terminated during the course of the medical treatment, the health care plan must provide that:

(a) The insured may continue to obtain medical treatment for the medical condition from the provider of health care pursuant to this section, if:

(1) The insured is actively undergoing a medically necessary course of treatment; and

(2) The provider of health care and the insured agree that the continuity of care is desirable.

(b) The provider of health care is entitled to receive reimbursement from the managed care organization for the medical treatment he provides to the insured pursuant to this section, if the provider of health care agrees:

(1) To provide medical treatment under the terms of the contract between the provider of health care and the managed care organization with regard to the insured, including, without limitation, the rates of payment for providing medical service, as those terms existed before the termination of the contract between the provider of health care and the managed care organization; and

3. The coverage required by subsection 2 must be provided until the later of:

(a) The 120th day after the date the contract is terminated; or

(b) If the medical condition is pregnancy, the 45th day after:

(1) The date of delivery; or

(2) If the pregnancy does not end in delivery, the date of the end of the pregnancy.

4. The requirements of this section do not apply to a provider of health care if:

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3371 (CHAPTER 497, AB 320)ê

(a) The provider of health care was under contract with the managed care organization and the managed care organization terminated that contract because of the medical incompetence or professional misconduct of the provider of health care; and

(b) The managed care organization did not enter into another contract with the provider of health care after the contract was terminated pursuant to paragraph (a).

6. The Commissioner shall adopt regulations to carry out the provisions of this section.

Sec. 33.5. NRS 695G.090 is hereby amended to read as follows:

695G.090 1. [The] Except as otherwise provided in subsection 3, the provisions of this chapter apply to each organization and insurer that operates as a managed care organization and may include, without limitation, an insurer that issues a policy of health insurance, an insurer that issues a policy of individual or group health insurance, a carrier serving small employers, a fraternal benefit society, a hospital or medical service corporation and a health maintenance organization.

2. In addition to the provisions of this chapter, each managed care organization shall comply with [any] :

(a) The provisions of chapter 686A of NRS, including all obligations and remedies set forth therein; and

(b) Any other applicable provision of this title.

3. The provisions of subsections 2 to 9, inclusive, of NRS 695G.270 and section 33 of this act do not apply to a managed care organization that provides health care services to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Children’s Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Human Resources. This subsection does not exempt a managed care organization from any provision of this chapter for services provided pursuant to any other contract.

Sec. 34. NRS 695G.270 is hereby amended to read as follows:

695G.270 [A managed care organization that establishes a panel of providers of health care for the purpose of offering health care services pursuant to chapters 689A, 689B, 689C, 695A, 695B, or 695C of NRS shall not charge a provider of health care a fee to include the name of the provider on the panel of providers of health care.]

1. A managed care organization shall not contract with a provider of health care to provide health care to an insured unless the managed care organization uses the form prescribed by the Commissioner pursuant to section 40.3 of this act to obtain any information related to the credentials of the provider of health care.

2. A contract between a managed care organization and a provider of health care may be modified:

(a) At any time pursuant to a written agreement executed by both parties.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3372 (CHAPTER 497, AB 320)ê

(b) Except as otherwise provided in this paragraph, by the managed care organization upon giving to the provider 30 days’ written notice of the modification. If the provider fails to object in writing to the modification within the 30-day period, the modification becomes effective at the end of that period. If the provider objects in writing to the modification within the 30-day period, the modification must not become effective unless agreed to by both parties as described in paragraph (a).

3. If a managed care organization contracts with a provider of health care to provide health care services pursuant to chapter 689A, 689B, 689C, 695A, 695B or 695C of NRS, the managed care organization shall:

(a) If requested by the provider of health care at the time the contract is made, submit to the provider of health care the schedule of payments applicable to the provider of health care; or

(b) If requested by the provider of health care at any other time, submit to the provider of health care the schedule of payments specified in paragraph (a) within 7 days after receiving the request.

4. As used in this section, “provider of health care” means a provider of health care who is licensed pursuant to chapter 630, 631, 632 or 633 of NRS.

Sec. 35. Chapter 41A of NRS is hereby amended by adding thereto a new section to read as follows:

1. In an action for damages for medical malpractice or dental malpractice in which the defendant is insured pursuant to a policy of insurance covering the liability of the defendant for a breach of his professional duty toward a patient:

(a) At any settlement conference, the judge may recommend that the action be settled for the limits of the policy of insurance.

(b) If the judge makes the recommendation described in paragraph (a), the defendant is entitled to obtain from independent counsel an opinion letter explaining the rights of, obligations of and potential consequences to the defendant with regard to the recommendation. The insurer shall pay the independent counsel to provide the opinion letter described in this paragraph, except that the insurer is not required to pay more than $1,500 to the independent counsel to provide the opinion letter.

2. The section does not:

(a) Prohibit the plaintiff from making any offer of settlement.

(b) Require an insurer to provide or pay for independent counsel for a defendant except as expressly provided in this section.

Secs. 36 and 37. (Deleted by amendment.)

Sec. 38. NRS 287.010 is hereby amended to read as follows:

287.010 1. The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada may:

(a) Adopt and carry into effect a system of group life, accident or health insurance, or any combination thereof, for the benefit of its officers and employees, and the dependents of officers and employees who elect to accept the insurance and who, where necessary, have authorized the governing body to make deductions from their compensation for the payment of premiums on the insurance.

(b) Purchase group policies of life, accident or health insurance, or any combination thereof, for the benefit of such officers and employees, and the dependents of such officers and employees, as have authorized the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3373 (CHAPTER 497, AB 320)ê

from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.

(c) Provide group life, accident or health coverage through a self-insurance reserve fund and, where necessary, deduct contributions to the maintenance of the fund from the compensation of officers and employees and pay the deductions into the fund. The money accumulated for this purpose through deductions from the compensation of officers and employees and contributions of the governing body must be maintained as an internal service fund as defined by NRS 354.543. The money must be deposited in a state or national bank or credit union authorized to transact business in the State of Nevada. Any independent administrator of a fund created under this section is subject to the licensing requirements of chapter 683A of NRS, and must be a resident of this state. Any contract with an independent administrator must be approved by the Commissioner of Insurance as to the reasonableness of administrative charges in relation to contributions collected and benefits provided. The provisions of NRS 689B.030 to 689B.050, inclusive, and 689B.575 and section 13 of this act apply to coverage provided pursuant to this paragraph, except that the provisions of NRS 689B.0359 do not apply to such coverage.

(d) Defray part or all of the cost of maintenance of a self-insurance fund or of the premiums upon insurance. The money for contributions must be budgeted for in accordance with the laws governing the county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada.

2. If a school district offers group insurance to its officers and employees pursuant to this section, members of the board of trustees of the school district must not be excluded from participating in the group insurance. If the amount of the deductions from compensation required to pay for the group insurance exceeds the compensation to which a trustee is entitled, the difference must be paid by the trustee.

Sec. 39. NRS 287.04335 is hereby amended to read as follows:

287.04335 If the Board provides health insurance through a plan of self-insurance, it shall comply with the provisions of NRS 689B.255, 695G.150, 695G.160, 695G.170 and 695G.200 to 695G.230, inclusive, and section 33 of this act, in the same manner as an insurer that is licensed pursuant to title 57 of NRS is required to comply with those provisions.

Sec. 39.5. (Deleted by amendment.)

Sec. 40. Chapter 616B of NRS is hereby amended by adding thereto a new section to read as follows:

1. If an insurer establishes a panel of providers of health care for the purpose of offering health care services pursuant to chapters 616A to 617, inclusive, of NRS, the insurer shall not charge a provider of health care:

(a) A fee to include the name of the provider on the panel of providers of health care; or

(b) Any other fee related to establishing a provider of health care as a provider for the insurer.

2. If an insurer violates the provisions of subsection 1, the insurer shall pay to the provider of health care an amount that is equal to twice the fee charged to the provider of health care.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3374 (CHAPTER 497, AB 320)ê

3. A court shall award costs and reasonable attorney’s fees to the prevailing party in an action brought pursuant to this section.

Sec. 40.3. Chapter 629 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in subsection 2, the Commissioner of Insurance shall develop, prescribe for use and make available a single, standardized form for use by insurers, carriers, societies, corporations, health maintenance organizations and managed care organizations in obtaining any information related to the credentials of a provider of health care.

2. The provisions of subsection 1 do not prohibit the Commissioner of Insurance from developing, prescribing for use and making available:

(a) Appropriate variations of the form described in that subsection for use in different geographical regions of this state.

(b) Addenda or supplements to the form described in that subsection to address, until such time as a new form may be developed, prescribed for use and made available, any requirements newly imposed by the Federal Government, the State or one of its agencies, or a body that accredits hospitals, medical facilities or health care plans.

3. With respect to the form described in subsection 1, the Commissioner of Insurance shall:

(a) Hold public hearings to seek input regarding the development of the form;

(b) Develop the form in consideration of the input received pursuant to paragraph (a);

(c) Ensure that the form is developed in such a manner as to accommodate and reflect the different types of credentials applicable to different classes of providers of health care;

(d) Ensure that the form is developed in such a manner as to reflect standards of accreditation adopted by national organizations which accredit hospitals, medical facilities and health care plans; and

(e) Ensure that the form is developed to be used efficiently and is developed to be neither unduly long nor unduly voluminous.

4. As used in this section:

(a) “Carrier” has the meaning ascribed to it in NRS 689C.025.

(b) “Corporation” means a corporation operating pursuant to the provisions of chapter 695B of NRS.

(d) “Insurer” means:

(1) An insurer that issues policies of individual health insurance in accordance with chapter 689A of NRS; and

(2) An insurer that issues policies of group health insurance in accordance with chapter 689B of NRS.

(e) “Managed care organization” has the meaning ascribed to it in NRS 695G.050.

(f) “Provider of health care” means a provider of health care who is licensed pursuant to chapter 630, 631, 632 or 633 of NRS.

(g) “Society” has the meaning ascribed to it in NRS 695A.044.

Sec. 40.7. 1. The Commissioner of Insurance shall develop, prescribe for use and make available the form described in section 40.3 of this act on or before July 1, 2004.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3375 (CHAPTER 497, AB 320)ê

2. Notwithstanding the provisions of sections 10, 14, 16, 23, 25, 30 and 34 of this act, an insurer, carrier, society, corporation, health maintenance organization and managed care organization is not required to use the form described in section 40.3 of this act until the earlier of:

(a) The date by which the Commissioner of Insurance develops, prescribes for use and makes available that form; or

(b) July 1, 2004.

Sec. 41. The amendatory provisions of this act apply to a:

1. Policy of insurance issued or renewed on or after October 1, 2003.

2. Offer to issue a policy of insurance communicated to the applicant for the policy on or after October 1, 2003.

3. Decision with regard to the issuance of a policy of insurance communicated to the applicant for the policy on or after October 1, 2003.

4. Cause of action that accrues on or after October 1, 2003.

Sec. 42. 1. This section and sections 40.3 and 40.7 of this act become effective upon passage and approval.

2. Sections 1 to 40, inclusive, and 41 of this act become effective on October 1, 2003.

________

CHAPTER 498, AB 30

Assembly Bill No. 30–Assemblywoman McClain

CHAPTER 498

AN ACT relating to motor vehicles; making various changes to the provisions governing the registration of motor vehicles by new residents of this state; revising the provision which directs the issuance of certain pro rata refunds for registrations transferred or cancelled under certain circumstances; and providing other matters properly relating thereto.

[Approved: June 11, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 482.206 is hereby amended to read as follows:

482.206 1. Except as otherwise provided in this section, every motor vehicle, except for a motor vehicle that is registered pursuant to the provisions of NRS 706.801 to 706.861, inclusive, or which is a motor vehicle with a declared gross weight in excess of 26,000 pounds, must be registered for a period of 12 consecutive months beginning the day after the first registration by the owner in this state.

2. Every vehicle registered by an agent of the Department or a registered dealer must be registered for 12 consecutive months beginning the first day of the month after the first registration by the owner in this state.

3. Upon the application of the owner of a fleet of vehicles, the Director may permit him to register his fleet on the basis of a calendar year.

4. When the registration of any vehicle is transferred pursuant to [the provisions of NRS 482.3667, 482.379 or] NRS 482.399, the expiration date of each regular license plate, special license plate or substitute decal must, at the time of the transfer of registration, be advanced for a period of 12 consecutive months beginning:

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3376 (CHAPTER 498, AB 30)ê

the time of the transfer of registration, be advanced for a period of 12 consecutive months beginning:

(a) The first day of the month after the transfer, if the vehicle is transferred by an agent of the Department; or

(b) The day after the transfer in all other cases,

and a credit on the portion of the fee for registration and the governmental services tax attributable to the remainder of the current period of registration must be allowed pursuant to the applicable provisions of NRS [482.3667, 482.379 and] 482.399.

Sec. 2. NRS 482.260 is hereby amended to read as follows:

482.260 1. When registering a vehicle, the Department and its agents or a registered dealer shall:

(a) Collect the fees for license plates and registration as provided for in this chapter.

(b) [Collect] Except as otherwise provided in NRS 482.321, collect the governmental services tax on the vehicle, as agent for the county where the applicant intends to base the vehicle for the period of registration, unless the vehicle is deemed to have no base.

(d) Issue a certificate of registration.

(e) If the registration is performed by the Department, issue the regular license plate or plates.

(f) If the registration is performed by a registered dealer, provide information to the owner regarding the manner in which the regular license plate or plates will be made available to him.

2. Upon proof of ownership satisfactory to the Director, he shall cause to be issued a certificate of ownership as provided in this chapter.

3. [Every] Except as otherwise provided in NRS 371.070, every vehicle being registered for the first time in Nevada must be taxed for the purposes of the governmental services tax for a 12‑month period.

4. The Department shall deduct and withhold 2 percent of the taxes collected pursuant to paragraph (c) of subsection 1 and remit the remainder to the Department of Taxation.

5. A registered dealer shall forward all fees and taxes collected for the registration of vehicles to the Department.

Sec. 3. NRS 482.3667 is hereby amended to read as follows:

482.3667 1. The Department shall establish, design and otherwise prepare for issue personalized prestige license plates and shall establish all necessary procedures not inconsistent with this section for the application and issuance of such license plates.

2. The department shall issue personalized prestige license plates, upon payment of the prescribed fee, to any person who otherwise complies with the laws relating to the registration and licensing of motor vehicles or trailers for use on private passenger cars, motorcycles, trucks or trailers.

3. Personalized prestige license plates are valid for 12 months and are renewable upon expiration. These plates may be transferred from one vehicle or trailer to another if the transfer and registration fees are paid as set out in this chapter. [Any person transferring plates must be allowed a 1/12 reduction in fees for each calendar month remaining unused from the previous registration, applicable to the fees which are for the registration year for which the plates are being transferred.]

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3377 (CHAPTER 498, AB 30)ê

4. In case of any conflict, the person who first made application for personalized prestige license plates and has continuously renewed them by payment of the required fee has priority.

5. The Department may limit by regulation the number of letters and numbers used and prohibit the use of inappropriate letters or combinations of letters and numbers.

6. The Department shall not assign to any person not holding the relevant office any letters and numbers denoting that the holder holds a public office.

Sec. 4. NRS 482.379 is hereby amended to read as follows:

482.379 1. The Director may order the design and preparation of license plates which commemorate the 125th anniversary of Nevada’s admission into the Union and establish the procedures for the application and issuance of the plates.

2. The Department may designate any colors, numbers and letters for the commemorative plates.

3. A person who is entitled to license plates pursuant to NRS 482.265 may apply for commemorative license plates.

4. The fee for the commemorative license plates is $10, in addition to all other applicable registration and license fees and governmental services taxes. If a person is eligible for and applies for any special license plates issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.368 or 482.370 to 482.3825, inclusive, and applies to have those special license plates combined with commemorative plates, the person must pay the fees for the special license plates in addition to the fee for the commemorative plates.

5. In addition to all fees for the license, registration and governmental services taxes, a person who is eligible for and applies for commemorative plates must pay $25 for the celebration of the 125th anniversary of Nevada’s admission into the Union. The fees for the license, registration, and governmental services taxes and the charge for the celebration may be paid with a single check.

6. Commemorative plates are renewable upon the payment of $10.

7. If during a registration year, the holder of commemorative plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, he may retain the plates and:

(a) Within 30 days after removing the plates from the vehicle, return them to the Department; or

(b) Affix them to another vehicle which meets the requirements of this section if the transfer and registration fees are paid as is provided for in this chapter. [A person who transfers plates must be allowed a one-twelfth reduction in fees for each calendar month remaining unused from the previous registration.]

8. Except as otherwise provided by subsection 10, if a commemorative license plate or set of license plates issued pursuant to the provisions of this section is lost, stolen or mutilated, the owner of the vehicle may secure a replacement license plate or set of replacement license plates, as the case may be, from the Department upon payment of the fees set forth in subsection 2 of NRS 482.500.

9. The Department shall, for each set of commemorative license plates that it issues:

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3378 (CHAPTER 498, AB 30)ê

(a) Deposit the $25 collected for the celebration of the 125th anniversary of Nevada’s admission into the Union with the State Treasurer for credit to the Account for Nevada’s 125th Anniversary in the State General Fund;

(b) Deposit $7.50 with the State Treasurer for credit to the Motor Vehicle Fund pursuant to the provisions of NRS 482.180; and

(c) Deposit $2.50 with the State Treasurer for credit to the Department to reimburse the Department for the cost of manufacturing the license plates.

10. The Department shall not:

(a) Issue the commemorative license plates after October 31, 1990.

(b) Issue replacement commemorative license plates after June 30, 1995.

Sec. 5. NRS 482.385 is hereby amended to read as follows:

482.385 1. Except as otherwise provided in subsection 4 and NRS 482.390, a nonresident owner of a vehicle of a type subject to registration pursuant to the provisions of this chapter, owning any vehicle which has been registered for the current year in the state, country or other place of which the owner is a resident and which at all times when operated in this state has displayed upon it the registration license plate issued for the vehicle in the place of residence of the owner, may operate or permit the operation of the vehicle within this state without its registration in this state pursuant to the provisions of this chapter and without the payment of any registration fees to this state.

2. This section does not:

(a) Prohibit the use of manufacturers’, distributors’ or dealers’ license plates issued by any state or country by any nonresident in the operation of any vehicle on the public highways of this state.

(b) Require registration of vehicles of a type subject to registration pursuant to the provisions of this chapter operated by nonresident common motor carriers of persons or property, contract motor carriers of persons or property, or private motor carriers of property as stated in NRS 482.390.

3. When a person, formerly a nonresident, becomes a resident of this state, he shall:

(a) Within 30 days after becoming a resident; or

(b) At the time he obtains his driver’s license,

whichever occurs earlier, apply for the registration of [any vehicle which] each vehicle he owns [and] which is operated in this state. When a person, formerly a nonresident, applies for a driver’s license in this state, the Department shall inform the person of the requirements imposed by this subsection and of the penalties that may be imposed for failure to comply with the provisions of this subsection. In addition, the Department shall maintain or cause to be maintained a list or other record of persons who fail to comply with the provisions of this subsection and shall, at least once each month, provide a copy of that list or record to the Department of Public Safety.

4. Any resident operating [a motor vehicle] upon a highway of this state a motor vehicle which is owned by a nonresident and which is furnished to the resident operator for his continuous use within this state, shall cause that vehicle to be registered within 30 days after beginning its operation within this state.

5. A person registering a vehicle pursuant to the provisions of subsection 3, 4 or 6 [of this section] or pursuant to NRS 482.390 [must] :

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3379 (CHAPTER 498, AB 30)ê

(a) Must be assessed the registration fees and governmental services tax, as required by the provisions of this chapter and chapter 371 of NRS [. He must] ; and

(b) Must not be allowed credit on those taxes and fees for the unused months of his previous registration.

6. If a vehicle is used in this state for a gainful purpose, the owner shall immediately apply to the Department for registration, except as otherwise provided in NRS 482.390, 482.395 and 706.801 to 706.861, inclusive.

7. An owner registering a vehicle pursuant to the provisions of this section shall surrender the existing nonresident license plates and registration certificates to the Department for cancellation.

8. A vehicle may be cited for a violation of this section regardless of whether it is in operation or is parked on a highway, in a public parking lot or on private property which is open to the public if, after communicating with the owner or operator of the vehicle, the peace officer issuing the citation determines that:

(a) The owner of the vehicle is a resident of this state; or

(b) The vehicle is used in this state for a gainful purpose.

Sec. 6. NRS 482.399 is hereby amended to read as follows:

482.399 1. Upon the transfer of the ownership of or interest in any vehicle by any holder of a valid registration, or upon destruction of the vehicle, the registration expires.

2. The holder of the original registration may transfer the registration to another vehicle to be registered by him and use the same regular license plate or plates [thereon,] or special license plate or plates issued pursuant to NRS 482.3667 to 482.3823, inclusive, or 482.384, on the vehicle from which the registration is being transferred, if the license plate or plates are appropriate for the second vehicle, upon filing an application for transfer of registration and upon paying the transfer registration fee and the excess, if any, of the registration fee and governmental services tax on the vehicle to which the registration is transferred over the total registration fee and governmental services tax paid on all vehicles from which he is transferring his ownership or interest. Except as otherwise provided in NRS 482.294, an application for transfer of registration must be made in person, if practicable, to any office or agent of the Department or to a registered dealer, and the license plate or plates may not be used upon a second vehicle until registration of that vehicle is complete.

3. In computing the governmental services tax, the Department, its agent or the registered dealer shall credit the portion of the tax paid on the first vehicle attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the second vehicle or on any other vehicle of which the person is the registered owner. If any person transfers his ownership or interest in two or more vehicles, the Department or the registered dealer shall credit the portion of the tax paid on all of the vehicles attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the vehicle to which the registration is transferred or on any other vehicle of which the person is the registered owner. The certificates of registration and unused license plates of the vehicles from which a person transfers his ownership or interest must be submitted before credit is given against the tax due on the vehicle to which the registration is transferred or on any other vehicle of which the person is the registered owner.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3380 (CHAPTER 498, AB 30)ê

[3.] 4. In computing the registration fee, the Department or its agent or the registered dealer shall credit the portion of the registration fee paid on each vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis against the registration fee due on the vehicle to which registration is transferred.

5. If the amount owed on the registration fee or governmental services tax on [that] the vehicle to which registration is transferred is less than the credit on the total registration fee or governmental services tax paid on all vehicles from which a person transfers his ownership or interest, [the Department shall issue to the person a refund in an amount equal to the difference between the amount owed on the registration fee or governmental services tax on that vehicle and the credit on the total registration fee or governmental services tax paid on all vehicles from which a person transfers his ownership or interest.

4.] no refund may be allowed by the Department.

6. If the license plate or plates are not appropriate for the second vehicle, the plate or plates must be surrendered to the Department or registered dealer and an appropriate plate or plates must be issued by the Department. The Department shall not reissue the surrendered plate or plates until the next succeeding licensing period.

[5.] 7. If application for transfer of registration is not made within 60 days after the destruction or transfer of ownership of or interest in any vehicle, the license plate or plates must be surrendered to the Department on or before the 60th day for cancellation of the registration.

8. If a person cancels his registration and surrenders to the Department his license plates for a vehicle, the Department shall , in accordance with the provisions of subsection 9, issue to the person a refund of the portion of the registration fee and governmental services tax paid on the vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis.

9. The Department shall issue a refund pursuant to subsection 8 only if the request for a refund is made at the time the registration is cancelled and the license plates are surrendered, the person requesting the refund is a resident of Nevada, the amount eligible for refund exceeds $100, and evidence satisfactory to the Department is submitted that reasonably proves the existence of extenuating circumstances. For the purposes of this subsection, the term “extenuating circumstances” means circumstances wherein:

(a) The person has recently relinquished his driver’s license and has sold or otherwise disposed of his vehicle.

(b) The vehicle has been determined to be inoperable and the person does not transfer the registration to a different vehicle.

(c) The owner of the vehicle is seriously ill or has died and the guardians or survivors have sold or otherwise disposed of the vehicle.

(d) Any other event occurs which the Department, by regulation, has defined to constitute an “extenuating circumstance” for the purposes of this subsection.

Sec. 7. NRS 371.070 is hereby amended to read as follows:

371.070 Upon [vehicles registered] the registration for the first time in this state after the beginning of the registration year [,] of a vehicle which is registered pursuant to the provisions of NRS 706.801 to 706.861, inclusive, or which has a declared gross weight in excess of 26,000 pounds, the amount of the governmental services tax must be reduced one-twelfth for each month which has elapsed since the beginning of such year.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3381 (CHAPTER 498, AB 30)ê

amount of the governmental services tax must be reduced one-twelfth for each month which has elapsed since the beginning of such year.

Sec. 8. NRS 371.080 is hereby amended to read as follows:

371.080 If any vehicle which is registered pursuant to the provisions of NRS 706.801 to 706.861, inclusive, or has a declared gross weight in excess of 26,000 pounds, and which is exempt from the governmental services tax pursuant to NRS 371.100 ceases to be exempt after the beginning of the registration year by reason of a change of ownership, the amount of the tax must be reduced one-twelfth for each month which has elapsed since the beginning of that year.

Sec. 9. 1. This section and sections 1 to 4, inclusive, 6, 7 and 8 of this act become effective upon passage and approval.

2. Section 5 of this act becomes effective on January 1, 2004.

________

CHAPTER 499, SB 506

Senate Bill No. 506–Committee on Finance

CHAPTER 499

AN ACT relating to state financial administration; authorizing the sale of the National Guard Armory located in Carson City under certain circumstances; and providing other matters properly relating thereto.

[Approved: June 11, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. Except as otherwise provided in subsections 3 and 4, the Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources may sell, in accordance with the procedures set forth in NRS 321.335, the National Guard Armory located on South Carson Street in Carson City. The terms of the sale must allow this state to continue to use the National Guard Armory as the interests of this state may require, in the sole discretion of this state, for not more than 4 years after the date of the sale. Money received from the sale, less any costs related to the sale, must be deposited in the Contingency Fund created by NRS 353.266.

2. Upon the request of the State Public Works Board, the Interim Finance Committee may transfer to the appropriate account for the use of the State Public Works Board any money deposited in the Contingency Fund pursuant to subsection 1. Except as otherwise provided in this subsection, money transferred pursuant to this subsection must be used for costs of construction and other costs associated with the project numbered and described in the executive budget for the Fiscal Years 2003-2004 and 2004-2005 or otherwise described as project 03-C6, State Emergency Operations Center. After completion of the project described in this subsection and payment of all costs of construction and other costs associated with the project, any remaining money that was transferred pursuant to this subsection reverts to the Contingency Fund.

3. The Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources may not make the sale described in subsection 1 unless he complies with all requirements set forth in NRS 321.335, including, without limitation, obtaining the approval of the State Board of Examiners and the Interim Finance Committee pursuant to subsection 2 of NRS 321.335.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3382 (CHAPTER 499, SB 506)ê

described in subsection 1 unless he complies with all requirements set forth in NRS 321.335, including, without limitation, obtaining the approval of the State Board of Examiners and the Interim Finance Committee pursuant to subsection 2 of NRS 321.335.

4. The Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources may not make the sale described in subsection 1 if:

(a) This state receives money during the 2003-2005 biennium as a result of the settlement agreement finalized on April 28, 2003, or any other settlement agreement finalized after that date, between leading investment firms and the Securities and Exchange Commission, or any resulting settlement agreements between such leading investment firms and this state entered into on or after April 28, 2003;

(b) A portion of the money described in paragraph (a) is transferred to the appropriate account for the use of the State Public Works Board for costs of construction and other costs associated with the project described in subsection 2; and

(c) As determined by the Interim Finance Committee, the money transferred pursuant to paragraph (b), when combined with any federal grants and other money made available for costs of construction and other costs associated with the project described in subsection 2, is sufficient to pay the costs of construction and other costs associated with the project described in subsection 2.

Sec. 2. This act becomes effective on July 1, 2003.

________

CHAPTER 500, AB 218

Assembly Bill No. 218–Committee on Education

CHAPTER 500

AN ACT relating to education; revising provisions governing the plan required of each public school for the progressive discipline of pupils and on-site review of disciplinary decisions; requiring the principal of each public school to submit to the superintendent of schools of the school district the plan established for the progressive discipline of pupils and on-site review of disciplinary decisions; requiring each school district and the Superintendent of Public Instruction to prepare certain compilations and reports concerning the plans submitted by each public school; and providing other matters properly relating thereto.

[Approved: June 11, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 392.4644 is hereby amended to read as follows:

392.4644 1. The principal of each public school shall establish a plan to provide for the progressive discipline of pupils and on-site review of disciplinary decisions. The plan must:

[1.] (a) Be developed with the input and participation of teachers and other educational personnel and support personnel who are employed at the school, and the parents and guardians of pupils who are enrolled in the school.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3383 (CHAPTER 500, AB 218)ê

the school, and the parents and guardians of pupils who are enrolled in the school.

[2.] (b) Be consistent with the written rules of behavior prescribed in accordance with NRS 392.463.

[3.] (c) Include, without limitation, provisions designed to address the specific disciplinary needs and concerns of the school.

[4.] (d) Provide for the temporary removal of a pupil from a classroom in accordance with NRS 392.4645.

2. On or before October 1 of each year, the principal of each public school shall:

(a) Review the plan in consultation with the teachers and other educational personnel and support personnel who are employed at the school;

(b) Based upon the review, make revisions to the plan, as recommended by the teachers and other educational personnel and support personnel, if necessary; and

(c) Post a copy of the plan or the revised plan, as applicable, in a prominent place at the school for public inspection and otherwise make the plan available for public inspection at the administrative office of the school.

3. On or before October 1 of each year, the principal of each public school shall submit a copy of the plan established pursuant to subsection 1 or a revised plan, if applicable, to the superintendent of schools of the school district. On or before November 1 of each year, the superintendent of schools of each school district shall submit a report to the board of trustees of the school district that includes:

(a) A compilation of the plans submitted pursuant to this subsection by each school within the school district.

(b) The name of each principal, if any, who has not complied with the requirements of this section.

4. On or before November 30 of each year, the board of trustees of each school district shall submit a written report to the Superintendent of Public Instruction based upon the compilation submitted pursuant to subsection 3 that reports the progress of each school within the district in complying with the requirements of this section.

5. On or before December 31 of each year, the Superintendent of Public Instruction shall submit a written report to the Director of the Legislative Counsel Bureau concerning the progress of the schools and school districts throughout this state in complying with this section. If the report is submitted during:

(a) An even-numbered year, the Director of the Legislative Counsel Bureau shall transmit it to the next regular session of the Legislature.

(b) An odd-numbered year, the Director of the Legislative Counsel Bureau shall transmit it to the Legislative Committee on Education.

Sec. 2. This act becomes effective on July 1, 2003.

________

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3384ê

CHAPTER 501, SB 147

Senate Bill No. 147–Committee on Government Affairs

CHAPTER 501

AN ACT relating to ethics in government; requiring certain public officers to submit electronically to the Commission on Ethics and the Secretary of State a list of public officers and candidates for public office; revising the prohibition against a public officer or employee using his position in government to secure or grant unwarranted privileges, preferences, exemptions or advantages for certain persons; removing a duplicative provision relating to the disclosure of certain conflicts of interest; revising certain deadlines related to investigations and determinations concerning ethics violations; eliminating the authority of the Commission to impose a civil penalty against a person who submits to the Commission a false accusation or information in bad faith or with a vexatious purpose; revising the provisions governing the filing of statements of financial disclosure; repealing the provision prohibiting a person from making, using, publishing or disseminating a false, deceptive or misleading statement to induce the Commission to render an opinion or take action relating thereto; and providing other matters properly relating thereto.

[Approved: June 11, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 281 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.7 of this act.

Sec. 1.3. 1. A list of each public officer who is required to file a statement of financial disclosure pursuant to NRS 281.561 or section 1.7 of this act must be submitted electronically to the Commission and to the Secretary of State, in a form prescribed by the Commission, on or before December 1 of each year by:

(a) Each county clerk for all public officers of the county and other local governments within the county other than cities;

(b) Each city clerk for all public officers of the city;

(d) The Chief of the Budget Division of the Department of Administration for all public officers of the Executive Branch.

2. The Secretary of State, each county clerk, or the registrar of voters of the county if one was appointed pursuant to NRS 244.164, and each city clerk shall submit electronically to the Commission, and each county clerk, or the registrar of voters of the county if one was appointed pursuant to NRS 244.164, and each city clerk shall submit electronically to the Secretary of State, in a form prescribed by the Commission, a list of each candidate for public office who filed a declaration of candidacy or acceptance of candidacy with that officer within 10 days after the last day to qualify as a candidate for the applicable office.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3385 (CHAPTER 501, SB 147)ê

Sec. 1.7. 1. Except as otherwise provided in subsection 2 or 3, each public officer who was appointed to the office for which he is serving and who is entitled to receive annual compensation of $6,000 or more for serving in that office shall file with the Commission, and with the officer with whom declarations of candidacy for the office are filed, a statement of financial disclosure, as follows:

(a) A public officer appointed to fill the unexpired term of an elected public officer shall file a statement of financial disclosure within 30 days after his appointment.

(b) Each public officer appointed to fill an office shall file a statement of financial disclosure on or before January 15 of each year of the term, including the year the term expires.

(c) A public officer who leaves office on a date other than the expiration of his term or anniversary of his appointment shall file a statement of financial disclosure within 60 days after leaving office.

2. A statement filed pursuant to one of the paragraphs of subsection 1 may be used to satisfy the requirements of another paragraph of subsection 1 if the initial statement was filed not more than 3 months before the other statement is required to be filed.

3. If a person is serving in a public office for which he is required to file a statement pursuant to subsection 1, he may use the statement he files for that initial office to satisfy the requirements of subsection 1 for every other public office in which he is also serving.

4. A person may satisfy the requirements of subsection 1 by filing with the Commission a copy of a statement of financial disclosure that was filed pursuant to the requirements of a specialized or local ethics committee if the form of the statement has been approved by the Commission.

5. A candidate for judicial office or a judicial officer shall file a statement of financial disclosure pursuant to the requirements of Canon 4I of the Nevada Code of Judicial Conduct. Such a statement of financial disclosure must include, without limitation, all information required to be included in a statement of financial disclosure pursuant to NRS 281.571.

Sec. 2. NRS 281.431 is hereby amended to read as follows:

281.431 As used in NRS 281.411 to 281.581, inclusive, and sections 1.3 and 1.7 of this act, unless the context otherwise requires, the words and terms defined in NRS 281.432 to 281.4375, inclusive, have the meanings ascribed to them in those sections.

Sec. 2.5. (Deleted by amendment.)

Sec. 3. NRS 281.4635 is hereby amended to read as follows:

281.4635 1. In addition to any other duties imposed upon him, the Executive Director shall:

(a) Maintain complete and accurate records of all transactions and proceedings of the Commission.

(b) Receive requests for opinions pursuant to NRS 281.511, 294A.345 or 294A.346.

(c) Gather information and conduct investigations regarding requests for opinions received by the Commission and submit recommendations to the panel appointed pursuant to NRS 281.462 regarding whether there is just and sufficient cause to render an opinion in response to a particular request.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3386 (CHAPTER 501, SB 147)ê

(d) Recommend to the Commission any regulations or legislation that he considers desirable or necessary to improve the operation of the Commission and maintain high standards of ethical conduct in government.

(e) Upon the request of any public officer or the employer of a public employee, conduct training on the requirements of this chapter, the rules and regulations adopted by the Commission and previous opinions of the Commission. In any such training, the Executive Director shall emphasize that he is not a member of the Commission and that only the Commission may issue opinions concerning the application of the statutory ethical standards to any given set of facts and circumstances. The Commission [shall] may charge a reasonable fee to cover the costs of training provided by the Executive Director pursuant to this subsection.

(f) Perform such other duties, not inconsistent with law, as may be required by the Commission.

2. The Executive Director shall, within the limits of legislative appropriation, employ such persons as are necessary to carry out any of his duties relating to:

(a) The administration of the affairs of the Commission;

(b) The review of statements of financial disclosure; and

Sec. 3.3. (Deleted by amendment.)

Sec. 3.7. NRS 281.471 is hereby amended to read as follows:

281.471 The Commission shall:

1. Adopt procedural regulations:

(a) To facilitate the receipt of inquiries by the Commission;

(b) For the filing of a request for an opinion with the Commission;

(d) To facilitate the prompt rendition of opinions by the Commission.

2. Prescribe, by regulation, forms for the submission of statements of financial disclosure filed by candidates and elected and appointed public officers pursuant to NRS 281.561 and section 1.7 of this act and statements of acknowledgment filed by public officers pursuant to NRS 281.552.

3. Prescribe, by regulation, [forms and] procedures for the submission of statements of financial disclosure filed by appointed public officers pursuant to section 1.7 of this act and statements of acknowledgment filed by public officers pursuant to NRS 281.552, maintain files of such statements and make the statements available for public inspection.

[3.] 4. Cause the making of such investigations as are reasonable and necessary for the rendition of its opinions pursuant to this chapter.

[4.] 5. Inform the Attorney General or district attorney of all cases of noncompliance with the requirements of this chapter.

[5.] 6. Recommend to the Legislature such further legislation as the Commission considers desirable or necessary to promote and maintain high standards of ethical conduct in government.

[6.] 7. Publish a manual for the use of public officers and employees that contains:

(a) Hypothetical opinions which are abstracted from opinions rendered pursuant to subsection 1 of NRS 281.511, for the future guidance of all persons concerned with ethical standards in government;

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3387 (CHAPTER 501, SB 147)ê

(b) Abstracts of selected opinions rendered pursuant to subsection 2 of NRS 281.511; and

The Legislative Counsel shall prepare annotations to this chapter for inclusion in the Nevada Revised Statutes based on the abstracts and published opinions of the Commission.

Sec. 4. NRS 281.475 is hereby amended to read as follows:

281.475 1. The Chairman and Vice Chairman of the Commission may administer oaths.

2. The Commission, upon majority vote, may issue a subpoena to compel the attendance of a witness and the production of books and papers. Upon the request of the Executive Director or the public officer or public employee who is the subject of a request for an opinion, the Chairman or, in his absence, the Vice Chairman, may issue a subpoena to compel the attendance of a witness and the production of books and papers.

3. Before issuing a subpoena to a public officer or public employee who is the subject of a request for an opinion, the Executive Director shall submit a written request to the public officer or public employee requesting:

(a) His appearance as a witness; or

(b) His production of any books and papers relating to the request for an opinion.

4. Each written request submitted by the Executive Director pursuant to subsection 3 must specify the time and place for the attendance of the public officer or public employee or the production of any books and papers, and designate with certainty the books and papers requested, if any. If the public officer or public employee fails or refuses to attend at the time and place specified or produce the books and papers requested by the Executive Director within 5 business days after receipt of the request, the Chairman may issue the subpoena. Failure of the public officer or public employee to comply with the written request of the Executive Director [constitutes good cause for extension] shall be deemed a waiver by the public officer or public employee of the time set forth in subsections 3 and 4 of NRS 281.511.

5. If any witness refuses to attend, testify or produce any books and papers as required by the subpoena, the Chairman of the Commission may report to the district court by petition, setting forth that:

(a) Due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

(b) The witness has been subpoenaed by the Commission pursuant to this section; and

(c) The witness has failed or refused to attend or produce the books and papers required by the subpoena before the Commission, or has refused to answer questions propounded to him, and asking for an order of the court compelling the witness to attend and testify or produce the books and papers before the Commission.

6. Except as otherwise provided in this subsection, upon such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why he has not attended, testified or produced the books or papers before the Commission. If the witness has been subpoenaed by the Commission in response to a request for an opinion filed pursuant to NRS 294A.345 or 294A.346, the court shall direct the witness to appear before the court as expeditiously as possible to allow the Commission to render its opinion within the time required by NRS 281.477.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3388 (CHAPTER 501, SB 147)ê

expeditiously as possible to allow the Commission to render its opinion within the time required by NRS 281.477. A certified copy of the order must be served upon the witness.

7. If it appears to the court that the subpoena was regularly issued by the Commission, the court shall enter an order that the witness appear before the Commission, at the time and place fixed in the order, and testify or produce the required books and papers. Upon failure to obey the order, the witness must be dealt with as for contempt of court.

Sec. 5. NRS 281.481 is hereby amended to read as follows:

281.481 A code of ethical standards is hereby established to govern the conduct of public officers and employees:

1. A public officer or employee shall not seek or accept any gift, service, favor, employment, engagement, emolument or economic opportunity which would tend improperly to influence a reasonable person in his position to depart from the faithful and impartial discharge of his public duties.

2. A public officer or employee shall not use his position in government to secure or grant unwarranted privileges, preferences, exemptions or advantages for himself, [any member of his household,] any business entity in which he has a significant pecuniary interest, or any [other person.] person to whom he has a commitment in a private capacity to the interests of that person. As used in this subsection [, “unwarranted”] :

(a) “Commitment in a private capacity to the interests of that person” has the meaning ascribed to “commitment in a private capacity to the interests of others” in subsection 7 of NRS 281.501.

(b) “Unwarranted” means without justification or adequate reason.

3. A public officer or employee shall not participate as an agent of government in the negotiation or execution of a contract between the government and any private business in which he has a significant pecuniary interest.

4. A public officer or employee shall not accept any salary, retainer, augmentation, expense allowance or other compensation from any private source for the performance of his duties as a public officer or employee.

5. If a public officer or employee acquires, through his public duties or relationships, any information which by law or practice is not at the time available to people generally, he shall not use the information to further the pecuniary interests of himself or any other person or business entity.

6. A public officer or employee shall not suppress any governmental report or other document because it might tend to affect unfavorably his pecuniary interests.

7. A public officer or employee, other than a member of the Legislature, shall not use governmental time, property, equipment or other facility to benefit his personal or financial interest. This subsection does not prohibit:

(a) A limited use of governmental property, equipment or other facility for personal purposes if:

(1) The public officer who is responsible for and has authority to authorize the use of such property, equipment or other facility has established a policy allowing the use or the use is necessary as a result of emergency circumstances;

(2) The use does not interfere with the performance of his public duties;

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3389 (CHAPTER 501, SB 147)ê

(3) The cost or value related to the use is nominal; and

(4) The use does not create the appearance of impropriety;

(b) The use of mailing lists, computer data or other information lawfully obtained from a governmental agency which is available to members of the general public for nongovernmental purposes; or

If a governmental agency incurs a cost as a result of a use that is authorized pursuant to this subsection or would ordinarily charge a member of the general public for the use, the public officer or employee shall promptly reimburse the cost or pay the charge to the governmental agency.

8. A member of the Legislature shall not:

(a) Use governmental time, property, equipment or other facility for a nongovernmental purpose or for the private benefit of himself or any other person. This paragraph does not prohibit:

(1) A limited use of state property and resources for personal purposes if:

(I) The use does not interfere with the performance of his public duties;

(II) The cost or value related to the use is nominal; and

(III) The use does not create the appearance of impropriety;

(2) The use of mailing lists, computer data or other information lawfully obtained from a governmental agency which is available to members of the general public for nongovernmental purposes; or

(3) The use of telephones or other means of communication if there is not a special charge for that use.

(b) Require or authorize a legislative employee, while on duty, to perform personal services or assist in a private activity, except:

(1) In unusual and infrequent situations where the employee’s service is reasonably necessary to permit the Legislator or legislative employee to perform his official duties; or

(2) Where such service has otherwise been established as legislative policy.

9. A public officer or employee shall not attempt to benefit his personal or financial interest through the influence of a subordinate.

10. A public officer or employee shall not seek other employment or contracts through the use of his official position.

Sec. 6. NRS 281.501 is hereby amended to read as follows:

281.501 1. Except as otherwise provided in subsection 2 or 3, a public officer may vote upon a matter if the benefit or detriment accruing to him as a result of the decision either individually or in a representative capacity as a member of a general business, profession, occupation or group is not greater than that accruing to any other member of the general business, profession, occupation or group.

2. In addition to the requirements of the code of ethical standards, a public officer shall not vote upon or advocate the passage or failure of, but may otherwise participate in the consideration of a matter with respect to which the independence of judgment of a reasonable person in his situation would be materially affected by:

(a) His acceptance of a gift or loan;

(b) His pecuniary interest; or

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3390 (CHAPTER 501, SB 147)ê

It must be presumed that the independence of judgment of a reasonable person would not be materially affected by his pecuniary interest or his commitment in a private capacity to the interests of others where the resulting benefit or detriment accruing to him or to the other persons whose interests to which the member is committed in a private capacity is not greater than that accruing to any other member of the general business, profession, occupation or group. The presumption set forth in this subsection does not affect the applicability of the requirements set forth in subsection 3 relating to the disclosure of the pecuniary interest or commitment in a private capacity to the interests of others.

3. A public officer or employee shall not approve, disapprove, vote, abstain from voting or otherwise act upon any matter:

(a) Regarding which he has accepted a gift or loan;

(b) Which would reasonably be affected by his commitment in a private capacity to the interest of others; or

without disclosing sufficient information concerning the gift, loan, commitment or interest to inform the public of the potential effect of the action or abstention upon the person who provided the gift or loan, upon the person to whom he has a commitment, or upon his interest. Except as otherwise provided in subsection [6,] 5, such a disclosure must be made at the time the matter is considered. If the officer or employee is a member of a body which makes decisions, he shall make the disclosure in public to the Chairman and other members of the body. If the officer or employee is not a member of such a body and holds an appointive office, he shall make the disclosure to the supervisory head of his organization or, if he holds an elective office, to the general public in the area from which he is elected. This subsection does not require a public officer to disclose any campaign contributions that the public officer reported pursuant to NRS 294A.120 or 294A.125 in a timely manner.

4. If a public officer declares to the body or committee in which the vote is to be taken that he will abstain from voting because of the requirements of this section, the necessary quorum to act upon and the number of votes necessary to act upon the matter, as fixed by any statute, ordinance or rule, is reduced as though the member abstaining were not a member of the body or committee.

5. [If a public officer is voting on a matter which affects public employees, he shall make a full public disclosure of any personal pecuniary interest which he may have in the matter.

6.] After a member of the Legislature makes a disclosure pursuant to subsection 3, he may file with the Director of the Legislative Counsel Bureau a written statement of his disclosure. The written statement must designate the matter to which the disclosure applies. After a Legislator files a written statement pursuant to this subsection, he is not required to disclose orally his interest when the matter is further considered by the Legislature or any committee thereof. A written statement of disclosure is a public record and must be made available for inspection by the public during the regular office hours of the Legislative Counsel Bureau.

[7.] 6. The provisions of this section do not, under any circumstances:

(a) Prohibit a member of the legislative branch from requesting or introducing a legislative measure; or

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3391 (CHAPTER 501, SB 147)ê

(b) Require a member of the legislative branch to take any particular action before or while requesting or introducing a legislative measure.

[8.] 7. As used in this section, “commitment in a private capacity to the interests of others” means a commitment to a person:

(a) Who is a member of his household;

(b) Who is related to him by blood, adoption or marriage within the third degree of consanguinity or affinity;

(d) With whom he has a substantial and continuing business relationship; or

(e) Any other commitment or relationship that is substantially similar to a commitment or relationship described in this subsection.

Sec. 7. NRS 281.511 is hereby amended to read as follows:

281.511 1. The Commission shall render an opinion interpreting the statutory ethical standards and apply the standards to a given set of facts and circumstances upon request , on a form prescribed by the Commission, from a public officer or employee who is seeking guidance on questions which directly relate to the propriety of his own past, present or future conduct as an officer or employee. He may also request the Commission to hold a public hearing regarding the requested opinion. If a requested opinion relates to the propriety of his own present or future conduct, the opinion of the Commission is:

(a) Binding upon the requester as to his future conduct; and

(b) Final and subject to judicial review pursuant to NRS 233B.130, except that a proceeding regarding this review must be held in closed court without admittance of persons other than those necessary to the proceeding, unless this right to confidential proceedings is waived by the requester.

2. The Commission may render an opinion interpreting the statutory ethical standards and apply the standards to a given set of facts and circumstances:

(a) Upon request from a specialized or local ethics committee.

(b) Except as otherwise provided in this subsection, upon request from a person, if the requester [:

(1) Submits all] submits:

(1) The request on a form prescribed by the Commission; and

(2) All related evidence deemed necessary by the Executive Director and the panel to make a determination of whether there is just and sufficient cause to render an opinion in the matter . [; and

(2) Signs a statement on a form prescribed by the Commission in which he affirms that:

(I) The accusation or information contained in the request is true;

(II) He did not submit the request in bad faith or with a vexatious purpose; and

(III) He understands that the Commission may impose penalties upon him pursuant to NRS 281.551 if the Commission determines that the accusation or information is false and was submitted in bad faith or with a vexatious purpose.]

(c) Upon the Commission’s own motion regarding the propriety of conduct by a public officer or employee. The Commission shall not initiate proceedings pursuant to this paragraph based solely upon an anonymous complaint.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3392 (CHAPTER 501, SB 147)ê

The Commission shall not render an opinion interpreting the statutory ethical standards or apply those standards to a given set of facts and circumstances if the request is submitted by a person who is incarcerated in a correctional facility in this state.

3. Upon receipt of a request for an opinion by the Commission or upon the motion of the Commission pursuant to subsection 2, the Executive Director shall investigate the facts and circumstances relating to the request to determine whether there is just and sufficient cause for the Commission to render an opinion in the matter. The public officer or employee that is the subject of the request may submit to the Executive Director any information relevant to the request. The Executive Director shall complete an investigation and present his recommendation relating to just and sufficient cause to the panel within [15] 45 days after the receipt of or the motion of the Commission for the request, unless the [panel extends the time for a period not to exceed 30 days upon the request of the Executive Director for good cause shown or the request of the] public officer or employee [.] waives this time limit. If the Executive Director determines after an investigation that just and sufficient cause exists for the Commission to render an opinion in the matter, he shall state such a recommendation in writing, including, without limitation, the specific evidence that supports his recommendation. If, after an investigation, the Executive Director does not determine that just and sufficient cause exists for the Commission to render an opinion in the matter, he shall state such a recommendation in writing, including, without limitation, the specific reasons for his recommendation. Within 15 days after the Executive Director has provided his recommendation in the matter to the panel, the panel shall make a final determination regarding whether just and sufficient cause exists for the Commission to render an opinion in the matter, unless the [Commission extends the time for a period not to exceed 30 days upon the request of the panel for good cause shown or the request of the] public officer or employee [.] waives this time limit. The panel shall not determine that there is just and sufficient cause for the Commission to render an opinion unless the panel has provided the public officer or employee an opportunity to respond to the allegations against him. The panel shall cause a record of its proceedings in each matter to be kept , and such a record must remain confidential until the panel determines whether there is just and sufficient cause for the Commission to render an opinion in the matter.

4. If the panel determines that just and sufficient cause exists for the Commission to render an opinion requested pursuant to this section, the Commission shall hold a hearing and render an opinion in the matter within 30 days after the determination of just and sufficient cause by the panel, unless the [Commission extends the time for a period not to exceed 30 days for good cause shown or upon the request of the] public officer or employee [.] waives this time limit.

5. Each request for an opinion that a public officer or employee submits to the Commission pursuant to subsection 1, each opinion rendered by the Commission in response to such a request and any motion, determination, evidence or record of a hearing relating to such a request are confidential unless the public officer or employee who requested the opinion:

(a) Acts in contravention of the opinion, in which case the Commission may disclose the request for the opinion, the contents of the opinion and any motion, evidence or record of a hearing related thereto;

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3393 (CHAPTER 501, SB 147)ê

(b) Discloses the request for the opinion, the contents of the opinion , or any motion, evidence or record of a hearing related thereto; or

(c) Requests the Commission to disclose the request for the opinion, the contents of the opinion , or any motion, evidence or record of a hearing related thereto.

6. Except as otherwise provided in this subsection, each document in the possession of the Commission or its staff that is related to a request for an opinion regarding a public officer or employee submitted to or initiated by the Commission pursuant to subsection 2, including, without limitation, the Commission’s copy of the request and all materials and information gathered in an investigation of the request, is confidential until the panel determines whether there is just and sufficient cause to render an opinion in the matter. The public officer or employee who is the subject of a request for an opinion submitted or initiated pursuant to subsection 2 may in writing authorize the Commission to make its files, material and information which are related to the request publicly available.

7. Except as otherwise provided in paragraphs (a) and (b), the proceedings of a panel are confidential until the panel determines whether there is just and sufficient cause to render an opinion. A person who:

(a) Requests an opinion from the Commission pursuant to paragraph (b) of subsection 2 may:

(1) At any time, reveal to a third party the alleged conduct of a public officer or employee underlying the request that he filed with the Commission or the substance of testimony, if any, that he gave before the Commission.

(2) After the panel determines whether there is just and sufficient cause to render an opinion in the matter, reveal to a third party the fact that he requested an opinion from the Commission.

(b) Gives testimony before the Commission may:

(1) At any time, reveal to a third party the substance of testimony that he gave before the Commission.

(2) After the panel determines whether there is just and sufficient cause to render an opinion in the matter, reveal to a third party the fact that he gave testimony before the Commission.

8. Whenever the Commission holds a hearing pursuant to this section, the Commission shall:

(a) Notify the person about whom the opinion was requested of the place and time of the Commission’s hearing on the matter;

(b) Allow the person to be represented by counsel; and

(c) Allow the person to hear the evidence presented to the Commission and to respond and present evidence on his own behalf.

The Commission’s hearing may be held no sooner than 10 days after the notice is given unless the person agrees to a shorter time.

9. If a person who is not a party to a hearing before the Commission, including, without limitation, a person who has requested an opinion pursuant to paragraph (a) or (b) of subsection 2, wishes to ask a question of a witness at the hearing, the person must submit the question to the Executive Director in writing. The Executive Director may submit the question to the Commission if he deems the question relevant and appropriate. This subsection does not require the Commission to ask any question submitted by a person who is not a party to the proceeding.

10. If a person who requests an opinion pursuant to subsection 1 or 2 does not:

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3394 (CHAPTER 501, SB 147)ê

(a) Submit all necessary information to the Commission; and

(b) Declare by oath or affirmation that he will testify truthfully,

the Commission may decline to render an opinion.

11. For good cause shown, the Commission may take testimony from a person by telephone or video conference.

12. For the purposes of NRS 41.032, the members of the Commission and its employees shall be deemed to be exercising or performing a discretionary function or duty when taking an action related to the rendering of an opinion pursuant to this section.

13. A meeting or hearing that the Commission or the panel holds to receive information or evidence concerning the propriety of the conduct of a public officer or employee pursuant to this section and the deliberations of the Commission and the panel on such information or evidence are not subject to the provisions of chapter 241 of NRS.

Sec. 7.5. (Deleted by amendment.)

Sec. 8. NRS 281.551 is hereby amended to read as follows:

281.551 1. In addition to any other penalty provided by law, the Commission may impose on a public officer or employee or former public officer or employee civil penalties:

(a) Not to exceed $5,000 for a first willful violation of this chapter;

(b) Not to exceed $10,000 for a separate act or event that constitutes a second willful violation of this chapter; and

2. In addition to other penalties provided by law, the Commission may impose a civil penalty not to exceed $5,000 and assess an amount equal to the amount of attorney’s fees and costs actually and reasonably incurred by the person about whom an opinion was requested pursuant to NRS 281.511, against a person who [:

(a) Submits to the Commission, in bad faith or with a vexatious purpose, an accusation or information that is false; or

(b) Prevents,] prevents, interferes with or attempts to prevent or interfere with the discovery or investigation of a violation of this chapter.

3. If the Commission finds that a violation of a provision of this chapter by a public officer or employee or former public officer or employee has resulted in the realization by another person of a financial benefit, the Commission may, in addition to other penalties provided by law, require the current or former public officer or employee to pay a civil penalty of not more than twice the amount so realized.

4. In addition to any other penalty provided by law, by an affirmative vote of two-thirds of the Commission, the Commission may impose on any person who violates any provision of NRS 294A.345 or 294A.346 a civil penalty not to exceed $5,000. The Commission shall not impose a civil penalty for a violation of NRS 294A.345 unless the Commission has made the specific findings required pursuant to subsection 7 of NRS 281.477.

5. If the Commission finds that:

(a) A willful violation of this chapter has been committed by a public officer removable from office by impeachment only, [it] the Commission shall file a report with the appropriate person responsible for commencing impeachment proceedings as to its finding. The report must contain a statement of the facts alleged to constitute the violation.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3395 (CHAPTER 501, SB 147)ê

(b) A willful violation of this chapter has been committed by a public officer removable from office pursuant to NRS 283.440, the Commission may file a proceeding in the appropriate court for removal of the officer.

(c) Three or more willful violations have been committed by a public officer removable from office pursuant to NRS 283.440, the Commission shall file a proceeding in the appropriate court for removal of the officer.

6. An action taken by a public officer or employee or former public officer or employee relating to NRS 281.481, 281.491, 281.501 or 281.505 is not a willful violation of a provision of those sections if the public officer or employee:

(a) Relied in good faith upon the advice of the legal counsel retained by the public body which the public officer represents or by the employer of the public employee or upon the manual published by the Commission pursuant to NRS 281.471;

(b) Was unable, through no fault of his own, to obtain an opinion from the Commission before the action was taken; and

7. In addition to other penalties provided by law, a public employee who willfully violates a provision of NRS 281.481, 281.491, 281.501 or 281.505 is subject to disciplinary proceedings by his employer and must be referred for action in accordance to the applicable provisions governing his employment.

8. NRS 281.481 to 281.541, inclusive, do not abrogate or decrease the effect of the provisions of the Nevada Revised Statutes which define crimes or prescribe punishments with respect to the conduct of public officers or employees. If the Commission finds that a public officer or employee has committed a willful violation of this chapter which it believes may also constitute a criminal offense, the Commission shall refer the matter to the Attorney General or the district attorney, as appropriate, for a determination of whether a crime has been committed that warrants prosecution.

9. The imposition of a civil penalty pursuant to subsections 1 to 4, inclusive, is a final decision for the purposes of judicial review.

10. [In determining for the purposes of this section whether a person submitted an accusation or information in bad faith or with a vexatious purpose, the Commission may consider various factors, including, without limitation:

(a) When the accusation or information was filed with or provided to the Commission;

(b) Whether and, if applicable, in what manner the person who submitted the accusation or information publicly disseminated the accusation or information before the Commission determined whether there was just and sufficient cause to render an opinion in the matter;

(d) Whether the accusation or information or the conduct of the person who submitted the accusation or information:

(1) Would be perceived as annoying or harassing by a reasonable person; or

(2) Demonstrates conscious disregard for the process and procedures established by the Commission.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3396 (CHAPTER 501, SB 147)ê

11.] A finding by the Commission that a public officer or employee has violated any provision of this chapter must be supported by a preponderance of the evidence unless a greater burden is otherwise prescribed by law.

Sec. 8.3. NRS 281.552 is hereby amended to read as follows:

281.552 1. Every public officer shall acknowledge that he has received, read and understands the statutory ethical standards. The acknowledgment must be on a form prescribed by the Commission and must accompany the first statement of financial disclosure that the public officer is required to file with the Commission pursuant to section 1.7 of this act or with the Secretary of State pursuant to NRS 281.561.

2. The Commission and the Secretary of State shall retain an acknowledgment filed pursuant to this section for 6 years after the date on which the acknowledgment was filed.

3. Willful refusal to execute and file the acknowledgment required by this section constitutes nonfeasance in office and is a ground for removal pursuant to NRS 283.440.

Sec. 8.7. NRS 281.561 is hereby amended to read as follows:

281.561 1. Except as otherwise provided in subsection 2 or 3, [if a] each candidate for public office [or a public officer is] who will be entitled to receive annual compensation of $6,000 or more for serving in the office [in question, he] that he is seeking and each public officer who was elected to the office for which he is serving shall file with the [Commission,] Secretary of State, and with the officer with whom declarations of candidacy for the office [in question] are filed, a statement of financial disclosure, as follows:

(a) A candidate for nomination, election or reelection to public office shall file a statement of financial disclosure no later than the 10th day after the last day to qualify as a candidate for the office.

(b) [A public officer appointed to fill the unexpired term of an elected public officer shall file a statement of financial disclosure within 30 days after his appointment.

(c) Every public officer, whether appointed or elected,] Each public officer shall file a statement of financial disclosure on or before [March 31] January 15 of each year of the term, including the year the term expires.

[(d)] (c) A public officer who leaves office on a date other than the expiration of his term or anniversary of his [appointment or election,] election shall file a statement of financial disclosure within 60 days after leaving office.

4. A person may satisfy the requirements of subsection 1 by filing with the [Commission] Secretary of State a copy of a statement of financial disclosure that was filed pursuant to the requirements of a specialized or local ethics committee if the form of the statement has been approved by the Commission.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3397 (CHAPTER 501, SB 147)ê

6. The Secretary of State shall prescribe, by regulation, procedures for the submission of statements of financial disclosure filed by candidates or public officers pursuant to this section, maintain files of such statements and make the statements available for public inspection.

Sec. 9. NRS 281.573 is hereby amended to read as follows:

281.573 1. Except as otherwise provided in subsection 2, statements of financial disclosure required by the provisions of NRS 281.561 and 281.571 and section 1.7 of this act must be retained by the Commission, Secretary of State, county clerk , or registrar of voters of the county if one was appointed pursuant to NRS 244.164, and city clerk for 6 years after the date of filing.

2. For public officers who serve more than one term in either the same public office or more than one public office, the period prescribed in subsection 1 begins on the date of the filing of the last statement of financial disclosure for the last public office held.

Sec. 10. NRS 281.575 is hereby amended to read as follows:

281.575 The Secretary of State and each county clerk, or the registrar of voters of the county if one was appointed pursuant to NRS 244.164, or city clerk who receives from a candidate for public office a declaration of candidacy, acceptance of candidacy or certificate of candidacy shall give to the candidate the form prescribed by the Commission for the making of a statement of financial disclosure, accompanied by instructions on how to complete the form, where it must be filed and the time by which it must be filed.

Sec. 11. NRS 281.581 is hereby amended to read as follows:

281.581 1. A candidate for public office or public officer who willfully fails to file his statement of financial disclosure or willfully fails to file his statement of financial disclosure in a timely manner pursuant to NRS 281.561 or section 1.7 of this act is subject to a civil penalty and payment of court costs and attorney’s fees. Except as otherwise provided in subsection 3, the amount of the civil penalty is:

(a) If the statement is filed not more than [7 days late, $25 for each day the statement is late.] 10 days after the applicable deadline set forth in subsection 1 of NRS 281.561 or subsection 1 of section 1.7 of this act, $25.

(b) If the statement is filed more than [7 days late] 10 days but not more than [15 days late, $175 for the first 7 days, plus $50 for each additional day the statement is late.] 20 days after the applicable deadline set forth in subsection 1 of NRS 281.561 or subsection 1 of section 1.7 of this act, $50.

(c) If the statement is filed more than [15 days late, $575 for the first 15 days, plus $100 for each additional day the statement is late.] 20 days but not more than 30 days after the applicable deadline set forth in subsection 1 of NRS 281.561 or subsection 1 of section 1.7 of this act, $100.

(d) If the statement is filed more than 30 days but not more than 45 days after the applicable deadline set forth in subsection 1 of NRS 281.561 or subsection 1 of section 1.7 of this act, $250.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3398 (CHAPTER 501, SB 147)ê

(e) If the statement is not filed or is filed more than 45 days after the applicable deadline set forth in subsection 1 of NRS 281.561 or subsection 1 of section 1.7 of this act, $2,000.

2. The Commission may, for good cause shown, waive [or reduce] the civil penalty.

3. The civil penalty imposed for a violation of this section must not exceed the annual compensation for the office for which the statement was filed.

4. The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the Commission in a court of competent jurisdiction and deposited by the Commission in the account for credit to the State General Fund in the bank designated by the State Treasurer.

5. If the Commission waives a civil penalty pursuant to subsection 2, the Commission shall:

(a) Create a record which sets forth that the civil penalty has been waived and describes the circumstances that constitute the good cause shown; and

(b) Ensure that the record created pursuant to paragraph (a) is available for review by the general public.

6. As used in this section, “willfully” means deliberately, intentionally and knowingly.

Sec. 11.5. (Deleted by amendment.)

Sec. 12. NRS 281.437 and 281.525 are hereby repealed.

Sec. 12.5. The amendatory provisions of this act do not apply to conduct that occurred before the effective date of this act, or to the jurisdiction, duties, powers or proceedings of the Commission on Ethics relating to such conduct.

Sec. 13. This act becomes effective upon passage and approval.

________

CHAPTER 502, SB 498

Senate Bill No. 498–Committee on Finance

CHAPTER 502

AN ACT relating to state financial administration; providing for the transfer and use of certain money received from leading investment firms pursuant to certain settlement agreements; and providing other matters properly relating thereto.

[Approved: June 11, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Notwithstanding the provisions of NRS 90.851:

1. Except as otherwise provided in subsection 2, the State Controller shall transfer from the Revolving Account for Investigation, Enforcement and Education created by NRS 90.851 to the Contingency Fund created by NRS 353.266 any money received during the 2003-2005 biennium as a result of the settlement agreement finalized on April 28, 2003, or any other settlement agreement finalized after that date, between leading investment firms and the Securities and Exchange Commission, or any resulting settlement agreements between such leading investment firms and this state entered into on or after April 28, 2003.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3399 (CHAPTER 502, SB 498)ê

settlement agreements between such leading investment firms and this state entered into on or after April 28, 2003.

2. The provisions of subsection 1 do not apply to any money received pursuant to an agreement that expressly designates that money as money for the education of investors.

3. Upon the request of the State Public Works Board, the Interim Finance Committee may transfer to the appropriate account for the use of the State Public Works Board any money transferred to the Contingency Fund pursuant to subsection 1. Money transferred pursuant to this subsection must be used for costs of construction and other costs associated with the project numbered and described in the executive budget for the Fiscal Years 2003-2004 and 2004-2005 or otherwise described as project 03-C6, State Emergency Operations Center.

Sec. 2. This act becomes effective upon passage and approval.

________

CHAPTER 503, AB 369

Assembly Bill No. 369–Assemblymen Grady, Atkinson, Collins, Goicoechea, Knecht, McCleary, Pierce, Sherer and Williams

CHAPTER 503

AN ACT relating to trade practices; requiring a supplier of farm equipment to repurchase the farm equipment from a dealer to whom it was sold under certain circumstances; providing for the payment of claims for reimbursement for work performed by such a dealer under a warranty; and providing other matters properly relating thereto.

[Approved: June 12, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 597 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 20, inclusive, of this act.

Sec. 2. As used in sections 2 to 20, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 8, inclusive, of this act have the meanings ascribed to them in those sections.

Sec. 3. “Dealer” means any person who engages in the business of selling inventory.

Sec. 4. “Dealer agreement” means an oral or written agreement between a supplier and a dealer by which:

1. A commercial relationship of definite duration or continuing indefinite duration is established;

2. The dealer is granted the right to offer and sell inventory at retail;

3. The dealer constitutes a component of a system for the distribution of inventory; and

4. The operation of a portion of the dealer’s business is substantially dependent upon the supplier for a continued supply of inventory.

Sec. 5. “Inventory” means farm equipment or any attachments or repair parts for that farm equipment.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3400 (CHAPTER 503, AB 369)ê

Sec. 6. “Net price” means the price set forth in the price list or catalog of a supplier which is in effect when a dealer agreement is terminated, less any applicable trade or cash discounts.

Sec. 7. “Superseded part” or “superseded repair part” means a part which has an equivalent function of a part which is available on the date of the termination of a dealer agreement.

Sec. 8. “Supplier” means:

1. A manufacturer, wholesaler or wholesale distributor of new inventory;

2. A purchaser of the assets or shares of a surviving corporation resulting from a merger or liquidation of a supplier; or

3. A receiver, assignee or trustee of such a manufacturer, wholesaler or wholesale distributor.

Sec. 9. 1. A supplier shall not terminate, fail to renew or substantially change the terms of a dealer agreement without good cause.

2. Except as otherwise provided in this section, a supplier may terminate or refuse to renew a dealer agreement for good cause if the supplier provides to the dealer a written notice setting forth the reasons for the termination or nonrenewal of the dealer agreement at least 180 days before the termination or nonrenewal of the dealer agreement.

3. A supplier shall include in the written notice required by subsection 2 an explanation of the deficiencies of the dealer and the manner in which those deficiencies must be corrected. If the dealer corrects the deficiencies set forth in the notice within 60 days after he receives the notice, the supplier shall not terminate or fail to renew the dealer agreement for the reasons set forth in the notice.

4. A supplier shall not terminate or refuse to renew a dealer agreement based solely on the failure of the dealer to comply with the requirements of the dealer agreement concerning the share of the market the dealer was required to obtain unless the supplier has, for not less than 1 year, provided assistance to the dealer in the dealer’s effort to obtain the required share of the market.

5. A supplier is not required to comply with the provisions of subsections 2 and 3 if the supplier terminates or refuses to renew a dealer agreement for any reason set forth in paragraphs (b) to (i), inclusive, of subsection 6.

6. As used in this section, “good cause” means:

(a) A dealer fails to comply with the terms of a dealer agreement, if the terms are not substantially different from the terms required for other dealers in this state or any other state;

(b) A closeout or sale of a substantial part of the business assets of a dealer or a commencement of the dissolution or liquidation of the business assets of the dealer;

(c) A dealer changes its principal place of business or adds other places of business without the prior approval of the supplier, which may not be unreasonably withheld;

(d) A dealer substantially defaults under a chattel mortgage or other security agreement between the dealer and the supplier;

(e) A guarantee of a present or future obligation of a dealer to the supplier is revoked or discontinued;

(f) A dealer fails to operate in the normal course of business for at least 7 consecutive days;

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3401 (CHAPTER 503, AB 369)ê

(g) A dealer abandons the dealership;

(h) A dealer pleads guilty to or is convicted of a felony affecting the business relationship between the dealer and supplier; or

(i) A dealer transfers a financial interest in the dealership, a person who has a substantial financial interest in the ownership or control of the dealership dies or withdraws from the dealership, or the financial interest of a partner or major shareholder in the dealership is substantially reduced.

For the purposes of this section, good cause does not exist if the supplier consents to any action described in this section.

Sec. 10. 1. Each year a supplier shall allow each dealer with whom it has entered into a dealer agreement to return to the supplier for credit a portion of the surplus parts in the dealer’s inventory.

2. A supplier shall notify each dealer of the period it has designated for that dealer to submit a list of the surplus parts the dealer wishes to return and for that dealer to return the surplus parts to the supplier. The period designated for each dealer for the return of surplus parts must not be less than 90 days.

3. If a supplier fails to notify a dealer of the period during which the dealer may return surplus parts within the preceding 12 months, the supplier shall authorize the return of a dealer’s surplus parts within 60 days after the supplier receives a request from the dealer to return the surplus parts.

4. A dealer may return surplus parts equal to not more than 10 percent of the value of the parts purchased by the dealer from the supplier during:

(a) The 12-month period immediately preceding the notice provided to the dealer by the supplier pursuant to subsection 2; or

(b) The month the supplier receives a request from a dealer pursuant to subsection 3 to return surplus parts to the supplier,

whichever is applicable.

5. Any part included in the supplier’s list of returnable parts or any superseded part that is not eligible for return to the supplier on the date the supplier provides notice to the dealer pursuant to subsection 2 or the date the supplier receives the dealer’s request pursuant to subsection 3, whichever is applicable, is eligible for credit as a returned surplus part. A part which is returned must be in new and undamaged condition and must have been purchased by the dealer from the supplier to whom it is returned.

6. The minimum credit allowed for a returned part is 95 percent of the net price, as set forth in the supplier’s list of returnable parts on the date the supplier provides notice to the dealer pursuant to subsection 2 or the date the supplier receives the dealer’s request pursuant to subsection 3, whichever is applicable.

7. All applicable credit for the returned parts must be issued or provided to the dealer within 90 days after the supplier receives the dealer’s returned surplus parts.

8. The provisions of this section:

(a) Do not apply to a supplier that has established a program for its dealers for the return of surplus repair parts if the program provides credit of not less than 85 percent of the net price for the returned repair parts;

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3402 (CHAPTER 503, AB 369)ê

(b) Do not prohibit a supplier from charging a dealer’s account for the amounts previously paid or credited by the supplier as a discount incident to the dealer’s purchase of goods; and

Sec. 11. A supplier shall not:

1. Require a dealer to accept delivery of equipment, parts or accessories which the dealer has not ordered unless the equipment, parts or accessories are required by the supplier for the safe use of any inventory provided to the dealer by the supplier;

2. Condition the sale of any equipment to a dealer upon the purchase of additional goods or services, except that a supplier may require a dealer to purchase those parts which are necessary to maintain the equipment used in the area where the dealership is located;

3. Prohibit a dealer from purchasing equipment manufactured by another supplier; or

4. Terminate, fail to renew or substantially change the terms of a dealer agreement because of a natural disaster, including a drought in the market area of the dealership, a labor dispute or any other similar circumstances which are beyond the control of the dealer.

Sec. 12. 1. Except as otherwise provided in this section, upon the termination of a dealer agreement by a supplier or dealer, the supplier shall repurchase the inventory held by the dealer on the date of the termination of the dealer agreement.

2. A supplier who repurchases the inventory of a dealer pursuant to subsection 1 shall:

(a) Pay the dealer:

(1) One hundred percent of the net price of all new and undamaged inventory; and

(2) Ninety-five percent of the net price of new and undamaged superseded repair parts.

(b) Except as otherwise provided in this paragraph, pay the dealer an amount equal to 5 percent of the net price of all new and undamaged repair parts returned to the supplier to cover the cost incurred by the dealer for handling, packing and shipping the superseded repair parts to the supplier. If the supplier handles, packs and ships the superseded repair parts, the dealer is not entitled to receive any money for those services which the supplier performed.

(c) Purchase, at its depreciated value, any computers, software or telecommunications equipment that the supplier required the dealer to purchase within the previous 5 years.

(d) Repurchase, at 75 percent of the net cost, any specialized repair tools purchased if those tools are:

(1) Included in the tool catalog of the supplier;

(2) Purchased in accordance with the requirements of the supplier;

(3) Held by the dealer on the date of the termination of the dealer agreement; and

(4) Complete and in resalable condition.

(e) Repurchase any inventory which is owned by the supplier and leased, rented or used in demonstrations by the dealer if the supplier receives an allowance based on the use of such inventory. Inventory which is used in demonstrations for not more than a total of 50 hours shall be deemed new inventory.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3403 (CHAPTER 503, AB 369)ê

deemed new inventory. Inventory which is used in demonstrations for more than 50 hours and purchased from the supplier less than 36 months before the termination of the dealer’s agreement must be repurchased at its depreciated value, as determined by the supplier and dealer.

3. If the dealer agreement authorizes the dealer to retain the inventory upon the termination of the dealer agreement, the dealer may retain any portion of the inventory, except any specialized tools described in paragraph (d) of subsection 2 which the supplier wishes to repurchase from the dealer.

4. If the dealer owes any outstanding debts to the supplier, the amount of the repurchase of the inventory may be set off or credited to the account of the dealer.

5. Upon payment to the dealer of the amount for the repurchase of the inventory pursuant to this section, the title and right of possession to the inventory transfers to the supplier.

Sec. 13. 1. At the end of each year after the termination of a dealer agreement, a dealer’s reserve account for recourse, retail sale or lease contracts may not be debited by a supplier or lender for any deficiency unless the dealer is given written notice of at least 7 business days by certified or registered mail, return receipt requested, of any proposed sale of the inventory which was financed and an opportunity to purchase the inventory.

2. The dealer must be given quarterly reports concerning any remaining outstanding recourse contracts. As the recourse contracts are reduced, any money in the reserve account must be returned to the dealer in direct proportion to the liabilities outstanding.

Sec. 14. The provisions of sections 2 to 20, inclusive, of this act do not require a supplier to repurchase from a dealer:

1. Any repair part which is not in new and undamaged condition or, because of its condition, is not resalable as a new part;

2. Any inventory which the dealer retains pursuant to subsection 3 of section 12 of this act;

3. Any inventory which is not in new, undamaged and complete condition;

4. Any inventory which was ordered by the dealer on or after the date of the termination of the dealer agreement; or

5. Any inventory which was purchased more than 36 months before the notice of the termination of the dealer agreement is provided.

Sec. 15. If a supplier fails or refuses to repurchase and pay a dealer for any inventory the supplier is required to repurchase in accordance with the provisions of sections 2 to 20, inclusive, of this act within 60 days after shipment of the inventory to the supplier, the supplier is liable for:

1. An amount equal to 100 percent of the net price of the inventory;

2. Any shipping charges paid by the dealer;

3. Attorney’s fees and court costs; and

4. An amount equal to the interest on the amount of the net price calculated at the legal rate of interest from the 61st day after the date of the shipment of the inventory to the supplier.

Sec. 16. 1. Upon the death of a dealer or the majority shareholder of a corporation which operates as a dealer, the supplier shall, upon the approval or request of the devisee or heir of the dealer or majority shareholder, repurchase the inventory of the dealer in the manner prescribed in section 12 of this act.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3404 (CHAPTER 503, AB 369)ê

shareholder, repurchase the inventory of the dealer in the manner prescribed in section 12 of this act.

2. The devisee or heir shall, within 1 year after the death of the dealer or majority stockholder, notify the supplier whether the supplier will be required to repurchase the inventory of the dealer.

3. A supplier is not required to repurchase the inventory of the dealer if the devisee or heir and the supplier enter into a new dealer agreement to operate the dealership.

4. This section does not authorize any person, including a devisee or heir, to operate a dealership without the written approval of the supplier.

5. An agreement executed by the supplier and dealer that sets forth the rights relating to succession to the operation of the dealership is enforceable without regard to the person who is designated as the successor to the dealership.

6. As used in this section:

(a) “Devisee” has the meaning ascribed to it in NRS 132.100.

(b) “Heir” has the meaning ascribed to it in NRS 132.165.

Sec. 17. The provisions of sections 2 to 20, inclusive, of this act do not affect any security interest which a supplier has in the inventory of a dealer. The dealer and supplier shall each provide a representative to inspect the inventory and certify its acceptability when packaged for shipment. The failure of the supplier to provide a representative for the inspection within 60 days shall be deemed acceptance by the supplier of the inventory returned to the supplier.

Sec. 18. 1. A dealer may bring a civil action for damages in a court of competent jurisdiction against a supplier who violates any of the provisions of sections 2 to 20, inclusive, of this act and may recover damages incurred as a result of any violation committed by the supplier, including costs and attorney’s fees.

2. A dealer may apply for injunctive relief for the unlawful termination, nonrenewal or substantial change of the terms of a dealer agreement.

3. The remedies provided in this section are in addition to any other remedies provided by law.

Sec. 19. 1. Except as otherwise provided in this section, any agreement entered into by a supplier and a dealer concerning reimbursement for work performed under a warranty, including, without limitation, a dealer agreement, must comply with the provisions set forth in this section.

2. A supplier who authorizes a dealer to perform work under a warranty shall reimburse a dealer who submits a warranty claim for such work. A dealer may submit a warranty claim to a supplier:

(a) During the period the dealer agreement is in effect; or

(b) After the termination of a dealer agreement if the warranty claim concerns work performed under a warranty during the period the dealer agreement was in effect.

3. A warranty claim which is submitted to a supplier must be paid within 30 days after the claim is approved by the supplier. The supplier shall approve or disapprove a warranty claim or any part thereof within 30 days after it receives the warranty claim. If the warranty claim is disapproved, the supplier shall, not later than 30 days after it receives the warranty claim, send written notice to the dealer setting forth the reasons for disapproval of the warranty claim.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3405 (CHAPTER 503, AB 369)ê

for disapproval of the warranty claim. A warranty claim which is not disapproved by the supplier within the prescribed period shall be deemed approved.

4. The amount of a warranty claim must not be less than the amount equal to the sum of:

(a) The reasonable and customary time required by the dealer to complete the work, including diagnostic time, expressed in hours and fractions of hours, multiplied by the dealer’s hourly retail rate for labor;

(b) The dealer’s net price for any repair parts replaced, plus 20 percent of the net price for those parts; and

(c) If a warranty claim concerns repair work for any equipment which is performed by the dealer in accordance with a safety or modification order issued by a supplier, the costs incurred by the dealer to transport to the dealer’s place of business for repair any equipment which is within the dealer’s service area and subject to a safety or modification order.

5. After a supplier has paid a warranty claim, the supplier shall not charge back, set off or otherwise attempt to recover from a dealer any amount of the warranty claim unless:

(a) The warranty claim is fraudulent;

(b) The work was not performed properly or was not necessary to comply with the requirements of the warranty; or

(c) The dealer did not provide the records for the warranty claim as required by the agreement for work performed under the warranty.

6. A supplier shall not require a dealer to pay the costs incurred by the supplier in paying warranty claims by:

(a) Imposing a surcharge;

(b) Reducing any discounts provided to a dealer; or

7. Except for a warranty claim where fraud is alleged, a supplier may not audit the records of a dealer relating to a warranty claim more than 1 year after the warranty claim is submitted to the supplier. A supplier may not audit a warranty claim more than once. The provisions of this subsection do not prohibit a supplier from requesting additional information from a dealer if the initial audit of the warranty claim indicates any errors, inconsistencies or fraud.

8. The provisions of this section do not apply to a written dealer agreement which provides compensation to a dealer for any labor required to be performed under a warranty before the labor is performed if the compensation is based on:

(a) A reduction of the price of the equipment sold to the dealer; or

(b) A lump-sum payment of not less than 5 percent of the suggested retail price of the equipment.

9. As used in this section:

(a) “Audit” means an examination by a supplier of the records of a warranty claim submitted by a dealer.

(b) “Net price” means the price a supplier charges a dealer for a repair part.

(c) “Warranty claim” means a request submitted by a dealer to a supplier for payment for work performed under a warranty or a safety or modification order issued by the supplier.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3406 (CHAPTER 503, AB 369)ê

Sec. 20. 1. A person may not waive or modify a right, obligation or liability set forth in the provisions of sections 2 to 20, inclusive, of this act.

2. A condition, stipulation or provision of a dealer agreement or any other agreement that:

(a) Limits the procedural or substantive rights of a dealer pursuant to the provisions of sections 2 to 20, inclusive, of this act;

(b) Requires a person to waive a right set forth in the provisions of sections 2 to 20, inclusive, of this act; or

(c) Relieves a person of an obligation or liability imposed by the provisions of sections 2 to 20, inclusive, of this act,

is void.

Sec. 21. 1. This act applies to a dealer agreement or any agreement for the payment of claims for reimbursement for work performed by a dealer under a warranty provided by a supplier which is entered into between a supplier and dealer before, on or after October 1, 2003.

2. As used in this section:

(a) “Dealer” has the meaning ascribed to it in section 3 of this act.

(b) “Dealer agreement” has the meaning ascribed to it in section 4 of this act.

________

CHAPTER 504, SB 3

Senate Bill No. 3–Senator Rhoads

CHAPTER 504

AN ACT relating to gaming; reserving a portion of certain gaming license fees collected from persons licensed to conduct off-track pari-mutuel wagering to augment purses for horse racing in certain counties; revising certain provisions concerning the regulation of certain off-track pari-mutuel wagering; and providing other matters properly relating thereto.

[Approved: June 12, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 463.320 is hereby amended to read as follows:

463.320 1. All gaming license fees imposed by the provisions of NRS 463.370, 463.373 to 463.383, inclusive, and 463.3855 must be collected and disposed of as provided in this section.

2. All state gaming license fees and penalties must be collected by the Commission and paid over immediately to the State Treasurer to be disposed of as follows:

(a) [All] Except as otherwise provided in paragraphs (c) and (d), all state gaming license fees and penalties other than the license fees imposed by the provisions of NRS 463.380 must be deposited for credit to the State General Fund.

(b) All state gaming license fees imposed by the provisions of NRS 463.380 must, after deduction of costs of administration and collection, be divided equally among the various counties and transmitted to the respective county treasurers.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3407 (CHAPTER 504, SB 3)ê

county treasurers. Such fees, except as otherwise provided in this section, must be deposited by the county treasurer in the county general fund and be expended for county purposes. If the board of county commissioners desires to apportion and allocate all or a portion of such fees to one or more cities or towns within the county, the board of county commissioners shall, annually, before the preparation of the city or town budget or budgets as required by chapter 354 of NRS, adopt a resolution so apportioning and allocating a percentage of such fees anticipated to be received during the coming fiscal year to such city or cities or town or towns for the next fiscal year commencing July 1. After the adoption of the resolution , the percentage so apportioned and allocated must be converted to a dollar figure and included in the city or town budget or budgets as an estimated receipt for the next fiscal year. Quarterly , upon receipt of the money from the State, the county treasurer shall deposit an amount of money equal to the percentage so apportioned and allocated to the credit of the city or town fund to be used for city or town purposes, and the balance remaining must be deposited in the county general fund and must be expended for county purposes.

(c) One twenty-fifth of the license fee imposed by the provisions of NRS 463.370 on gross revenue which exceeds $134,000 per calendar month that is paid pursuant to subsection 2 of NRS 464.045 by persons licensed to conduct off-track pari-mutuel wagering must, after the deduction of costs of administration and collection, be allocated pro rata among the counties in this state whose population is less than 100,000 in which on-track pari-mutuel wagering is conducted. The allocation must be based upon the amounts paid from each such county pursuant to subsection 2 of NRS 466.125 and transmitted to the respective county treasurers. Money received by a county treasurer pursuant to this paragraph must be deposited in the county general fund and expended to augment any stakes, purses or rewards which are offered with respect to horse races conducted in that county by a state fair association, agricultural society or county fair and recreation board.

(d) Ten percent of the amount of the license fee imposed by the provisions of NRS 463.370 that is paid pursuant to subsection 2 of NRS 464.045 by persons licensed to conduct off-track pari-mutuel wagering which exceeds $5,036,938 per calendar year must, after the deduction of costs of administration and collection, be allocated pro rata among the counties in this state whose population is less than 100,000 in which on-track pari-mutuel wagering is conducted. The allocation must be based upon the amounts paid from each such county pursuant to subsection 2 of NRS 466.125 and must be transmitted to the respective county treasurers as provided in this paragraph. On March 1 of each year, the Board shall calculate the amount of money to be allocated to the respective county treasurers and notify the State Treasurer of the appropriate amount of each allocation. The State Treasurer shall transfer the money to the respective county treasurers. Money received by a county treasurer pursuant to this paragraph must be deposited in the county general fund and expended to augment any stakes, purses or rewards which are offered with respect to horse races conducted in that county by a state fair association, agricultural society or county fair and recreation board.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3408 (CHAPTER 504, SB 3)ê

Sec. 2. NRS 464.020 is hereby amended to read as follows:

464.020 1. The Nevada Gaming Commission is charged with the administration of this chapter for the protection of the public and in the public interest.

2. The Nevada Gaming Commission may issue licenses permitting the conduct of the pari-mutuel system of wagering, including off-track pari-mutuel wagering, and may adopt, amend and repeal regulations relating to the conduct of such wagering.

3. The wagering must be conducted only by the licensee at the times determined by the Nevada Gaming Commission and only:

(a) Within the enclosure wherein the race or other sporting event which is the subject of the wagering occurs; or

(b) Within a licensed gaming establishment which has been approved to conduct off-track pari-mutuel wagering.

This subsection does not prohibit a person licensed to accept, pursuant to regulations adopted by the Nevada Gaming Commission, off-track pari-mutuel wagers from accepting wagers made by wire communication from patrons within the State of Nevada , [or] from other states in which such wagering is legal [.] or from places outside the United States in which such wagering is legal.

4. The regulations of the Nevada Gaming Commission may include, without limitation:

(a) Requiring fingerprinting of an applicant or licensee, or other method of identification.

(b) Requiring information concerning an applicant’s antecedents, habits and character.

(c) Prescribing the method and form of application which any applicant for a license issued pursuant to this chapter must follow and complete before consideration of his application by the Nevada Gaming Commission.

(d) Prescribing the permissible communications technology and requiring the implementation of border control technology that will ensure that a person cannot place a wager with a race book in this state from another state or another location where placing such a wager is illegal.

5. The Nevada Gaming Commission may appoint an Off-Track Pari-Mutuel Wagering Committee consisting of nine persons who are licensed to engage in off-track pari-mutuel wagering. If the Commission appoints such a Committee, it shall appoint to the Committee:

(a) Five members from a list of nominees provided by the State Association of Gaming Establishments whose members collectively paid the most gross revenue fees to the State pursuant to NRS 463.370 in the preceding year;

(b) Two members who, in the preceding year, paid gross revenue fees pursuant to NRS 463.370 in an amount that was less than the average amount of gross revenue fees paid by licensees engaged in off-track pari-mutuel wagering in the preceding year; and

If a vacancy occurs in a position on the Committee for any reason, including, but not limited to, termination of a member, the Commission shall appoint a successor member who satisfies the same criteria in paragraph (a), (b) or (c) that applied to the member whose position has been vacated.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3409 (CHAPTER 504, SB 3)ê

6. If the Nevada Gaming Commission appoints an Off-Track Pari-Mutuel Wagering Committee pursuant to subsection 5, the Commission shall:

(a) Grant to the Off-Track Pari-Mutuel Wagering Committee the exclusive right to negotiate an agreement relating to off-track pari-mutuel wagering with:

(1) A person who is licensed or otherwise permitted to operate a wagering pool in another state; and

(2) A person who is licensed pursuant to chapter 464 of NRS as an operator of a system.

(b) Require the Off-Track Pari-Mutuel Wagering Committee to grant to each person licensed pursuant to this chapter to operate an off-track pari-mutuel race pool the right to receive, on a fair and equitable basis, all services concerning wagering in such a race pool that the Committee has negotiated to bring into or provide within this state.

7. The Nevada Gaming Commission shall, and it is granted the power to, demand access to and inspect all books and records of any person licensed pursuant to this chapter pertaining to and affecting the subject of the license.

Sec. 3. NRS 464.075 is hereby amended to read as follows:

464.075 1. [A] Except as otherwise provided in subsection 4, a person who is licensed to engage in off-track pari-mutuel wagering shall not:

(a) Accept from a patron less than the full face value of an off-track pari-mutuel wager;

(b) Agree to refund or rebate to a patron any portion or percentage of the full face value of an off-track pari-mutuel wager; or

2. A person who is licensed to engage in off-track pari-mutuel wagering and who:

(a) Attempts to evade the provisions of subsection 1 by offering to a patron a wager that is not posted and offered to all patrons; or

(b) Otherwise violates the provisions of subsection 1,

is subject to the investigatory and disciplinary proceedings that are set forth in NRS 463.310 to 463.318, inclusive, and shall be punished as provided in those sections.

3. The Nevada Gaming Commission shall adopt regulations to carry out the provisions of subsections 1 and 2 of this section.

4. The Nevada Gaming Commission may, by regulation, exempt certain bets, refunds, rebates, payoffs or bonuses from the provisions of subsection 1 if the Commission determines that such exemptions are in the best interests of the State of Nevada and licensed gaming in this state. Any bets, refunds, rebates, payoffs or bonuses that would result in the amount of such bets, refunds, rebates, payoffs or bonuses being directly or indirectly deductible from gross revenue may not be exempt.

Sec. 4. This act becomes effective on July 1, 2003.

________

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3410ê

CHAPTER 505, SB 76

Senate Bill No. 76–Committee on Natural Resources

CHAPTER 505

AN ACT relating to water; revising the restrictions on the issuance of permits to appropriate water for the purpose of watering livestock and certificates of appropriation based upon such permits; and providing other matters properly relating thereto.

[Approved: June 12, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 533.040 is hereby amended to read as follows:

533.040 1. Except as otherwise provided in this section, any water used in this state for beneficial purposes shall be deemed to remain appurtenant to the place of use.

2. If at any time it is impracticable to use water beneficially or economically at the place to which it is appurtenant, the right may be severed from the place of use and be simultaneously transferred and become appurtenant to another place of use, in the manner provided in this chapter, without losing priority of right.

3. The provisions of this section do not apply to a ditch or canal company that appropriates water for diversion and transmission to the lands of private persons for an annual charge.

4. For the purposes of this section, a surface water right acquired by a water user in a federal reclamation project may be considered appurtenant to an entire farm, instead of specifically identifiable land within that farm, upon the granting of a permit for the change of place of use by the State Engineer which designates the place of use as the entire farm. The quantity of water available for use on that farm must not exceed the total amount determined by applicable decrees as designated in the permit granted by the State Engineer.

5. For the purposes of this section, a water right acquired for watering livestock by a person who owns, leases or otherwise possesses a legal or proprietary interest in the livestock being watered is appurtenant to:

(a) The land on which the livestock is watered if the land is owned by the person who possesses a legal or proprietary interest in the livestock; or

(b) Other land which is located in this state, is benefited by the livestock being watered and is capable of being used in conjunction with the livestock operation of the person who owns the land if that land is owned by the person who possesses the legal or proprietary interest in the livestock being watered.

6. The provisions of subsection 5 must not be construed:

(a) To impair a vested right or other existing water right established before the effective date of this act of a person to the use of water for the purpose of watering livestock; or

(b) To prevent any transfer of ownership of a water right for the purpose of watering livestock.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3411 (CHAPTER 505, SB 76)ê

7. As used in this section, “farm” means a tract of land under the same ownership that is primarily used for agricultural purposes.

Sec. 2. NRS 533.503 is hereby amended to read as follows:

533.503 1. The State Engineer shall not issue [:

(a) A] a permit to appropriate water for the purpose of watering livestock [on public lands unless the] unless:

(a) The applicant for the permit is legally entitled to place the livestock on the [public] lands for which the permit is sought [.

(b) A] , and:

(1) Owns, leases or otherwise possesses a legal or proprietary interest in the livestock on or to be placed on the lands for which the permit is sought; or

(2) Has received from a person described in subparagraph (1), authorization to have physical custody of the livestock on or to be placed on the lands for which the permit is sought, and authorization to care for, control and maintain such livestock;

(b) The forage serving the beneficial use of the water to be appropriated is not encumbered by an adjudicated grazing preference recognized pursuant to law for the benefit of a person other than the applicant for the permit; and

(c) The lack of encumbrance required by paragraph (b) is demonstrated by reasonable means, including, without limitation, evidence of a valid grazing permit, other than a temporary grazing permit, that is issued by the appropriate governmental entity to the applicant for the permit.

2. The State Engineer shall not issue a certificate of appropriation based upon a permit to appropriate water for the purpose of watering livestock [on public lands unless the person who] unless:

(a) The holder of the permit makes satisfactory proof that the water has been beneficially used , is legally entitled to place on the [land] lands the livestock which have been watered pursuant to the permit [.

2.] , and:

(1) Owns, leases or otherwise possesses a legal or proprietary interest in the livestock which have been watered pursuant to the permit; or

(2) Has received from a person described in subparagraph (1), authorization to have physical custody of the livestock which have been watered pursuant to the permit, and authorization to care for, control and maintain such livestock;

(b) The forage serving the beneficial use of the water that has been beneficially used is not encumbered by an adjudicated grazing preference recognized pursuant to law for the benefit of a person other than the holder of the permit; and

3. This section must not be construed to impair the vested right of any person to the use of water for the purpose of watering livestock or to prevent any transfer of ownership of a water right for the purpose of watering livestock.

4. As used in this section, “grazing preference” means a priority position in the issuance of a permit to graze livestock on the public range.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3412 (CHAPTER 505, SB 76)ê

Sec. 3. The amendatory provisions of this act do not apply to a permit to appropriate water for the purposes of watering livestock or a certificate of appropriation based upon such a permit if the permit was issued by the State Engineer before the effective date of this act, regardless of whether such a permit or certificate is transferred after that date.

Sec. 4. This act becomes effective upon passage and approval.

________

CHAPTER 506, SB 184

Senate Bill No. 184–Senator Mathews

CHAPTER 506

AN ACT relating to public employees; expanding the definition of “accident benefits” for purposes of industrial insurance to include preventative treatment for hepatitis administered as a precaution to certain local police officers; creating a statutory presumption that hepatitis is an occupational disease for certain local police officers; and providing other matters properly relating thereto.

[Approved: June 12, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 616A.035 is hereby amended to read as follows:

616A.035 1. “Accident benefits” means medical, surgical, hospital or other treatments, nursing, medicine, medical and surgical supplies, crutches and apparatuses, including prosthetic devices.

2. The term includes:

(a) Medical benefits as defined by NRS 617.130;

(b) Preventive treatment administered as a precaution to an employee who is exposed to a contagious disease while providing medical services, including emergency medical care, in the course and scope of his employment;

(1) Was exposed to a contagious disease:

(I) Upon battery by an offender; or

(II) While performing the duties of a police officer or fireman,

if the exposure is documented by the creation and maintenance of a report concerning the exposure pursuant to paragraph (a) of subsection 1 of NRS 616C.052; or

(2) Tests positive for exposure to tuberculosis under the circumstances described in NRS 616C.052; and

(d) Preventive treatment for hepatitis administered as a precaution to a police officer, full-time salaried fireman or [an] emergency medical attendant employed in this state. As used in this paragraph, “police officer” means a sheriff, deputy sheriff, officer of a metropolitan police department or city policeman.

3. The term does not include:

(a) Exercise equipment, a hot tub or a spa for an employee’s home;

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3413 (CHAPTER 506, SB 184)ê

(b) Membership in an athletic or health club;

(d) The costs of operating a motor vehicle provided pursuant to NRS 616C.245, fees related to the operation or licensing of the motor vehicle or insurance for the motor vehicle.

4. As used in this section:

(a) “Battery” includes, without limitation, the intentional propelling or placing, or the causing to be propelled or placed, of any human excrement or bodily fluid upon the person of an employee.

(b) “Emergency medical attendant” means a person licensed as an attendant or certified as an emergency medical technician, intermediate emergency medical technician or advanced emergency medical technician pursuant to chapter 450B of NRS, whose primary duties of employment are the provision of emergency medical services.

(c) “Hepatitis” includes hepatitis A, hepatitis B, hepatitis C and any additional diseases or conditions that are associated with or result from hepatitis A, hepatitis B or hepatitis C.

(d) “Preventive treatment” includes, without limitation:

(1) Tests to determine if an employee has contracted hepatitis or any other contagious disease to which he was exposed; and

(2) If an employee tests positive for exposure to tuberculosis under the circumstances described in NRS 616C.052, such medication and chest X rays as are recommended by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services.

Sec. 2. NRS 617.485 is hereby amended to read as follows:

617.485 1. Notwithstanding any other provision of this chapter and except as otherwise provided in this section, if an employee has hepatitis, the disease is conclusively presumed to have arisen out of and in the course of his employment if the employee has been continuously employed for 5 years or more as a police officer, full-time salaried fireman or emergency medical attendant in this state before the date of any temporary or permanent disability or death resulting from the hepatitis.

2. Compensation awarded to a police officer, fireman or [an] emergency medical attendant, or to the dependents of such a person, for hepatitis pursuant to this section must include:

(a) Full reimbursement for related expenses incurred for medical treatments, surgery and hospitalization; and

(b) The compensation provided in chapters 616A to 616D, inclusive, of NRS for the disability or death.

3. A police officer, salaried fireman or [an] emergency medical attendant shall [submit] :

(a) Submit to a blood test to screen for hepatitis C upon employment, upon the commencement of coverage and thereafter on an annual basis during his employment.

(b) Submit to a blood test to screen for hepatitis A and hepatitis B upon employment, upon the commencement of coverage and thereafter on an annual basis during his employment, except that a police officer, salaried fireman or emergency medical attendant is not required to submit to a blood test to screen for hepatitis A and hepatitis B on an annual basis during his employment if he has been vaccinated for hepatitis A and hepatitis B upon employment or at other medically appropriate times during his employment. Each employer shall provide a police officer, salaried fireman or emergency medical attendant with the opportunity to be vaccinated for hepatitis A and hepatitis B upon employment and at other medically appropriate times during his employment.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3414 (CHAPTER 506, SB 184)ê

salaried fireman or emergency medical attendant with the opportunity to be vaccinated for hepatitis A and hepatitis B upon employment and at other medically appropriate times during his employment.

4. All blood tests required pursuant to this section and all vaccinations provided pursuant to this section must be paid for by the employer.

[4.] 5. The provisions of this section:

(a) Except as otherwise provided in paragraph (b), do not apply to a police officer, fireman or emergency medical attendant who is diagnosed with hepatitis upon employment.

(b) Apply to a police officer, fireman or emergency medical attendant who is diagnosed with hepatitis upon employment if, during the employment or within 1 year after the last day of the employment, he is diagnosed with a different strain of hepatitis.

(c) Apply to a police officer, fireman or emergency medical attendant who is diagnosed with hepatitis after the termination of the employment if the diagnosis is made within 1 year after the last day of the employment.

[5.] 6. A police officer, fireman or [an] emergency medical attendant who is determined to be:

(a) Partially disabled from an occupational disease pursuant to the provisions of this section; and

(b) Incapable of performing, with or without remuneration, work as a police officer, fireman or [an] emergency medical attendant,

may elect to receive the benefits provided pursuant to NRS 616C.440 for a permanent total disability.

[6.] 7. As used in this section:

(a) “Emergency medical attendant” means a person licensed as an attendant or certified as an emergency medical technician, intermediate emergency medical technician or advanced emergency medical technician pursuant to chapter 450B of NRS, whose primary duties of employment are the provision of emergency medical services.

(b) “Hepatitis” includes hepatitis A, hepatitis B, hepatitis C and any additional diseases or conditions that are associated with or result from hepatitis A, hepatitis B or hepatitis C.

Sec. 3. 1. Notwithstanding any provision of NRS 617.485, a person who submits to a blood test to screen for hepatitis on or after October 1, 2003, but on or before September 30, 2004, and who, on October 1, 2003:

(a) Is employed as a police officer in this state; or

(b) Had at any time been continuously employed for 5 years or more as a police officer in this state,

shall be deemed to be in compliance with all blood testing that would otherwise be required by subsection 3 of NRS 617.485 through the date of the blood test.

2. Notwithstanding the provisions of NRS 617.485, a person who, on October 1, 2003, is employed as a police officer in this state shall submit to a blood test to screen for hepatitis on or before September 30, 2004. The blood test must be paid for by the employer of the person. If a person fails to submit to a blood test required by this subsection, the conclusive presumption relating to hepatitis otherwise created by NRS 617.485 shall be deemed with regard to that person and for the purposes of NRS 617.485 to be a rebuttable presumption that may only be rebutted by clear and convincing evidence that the hepatitis was not contracted during the period in which the person was employed as a police officer.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3415 (CHAPTER 506, SB 184)ê

evidence that the hepatitis was not contracted during the period in which the person was employed as a police officer.

3. If:

(a) A blood test taken pursuant to this section indicates that a person has hepatitis; and

(b) Before taking the blood test, the person had at any time been continuously employed for 5 years or more as a police officer in this state,

the person is entitled to a rebuttable presumption that the hepatitis arose out of and in the course of his employment and is compensable in accordance with NRS 617.485 if he, before January 1, 2005, files a claim for compensation pursuant to chapter 617 of NRS. The presumption may only be rebutted by clear and convincing evidence that the hepatitis was not contracted during the period in which the person was employed as a police officer in this state.

4. As used in this section:

(a) “Hepatitis” includes hepatitis A, hepatitis B, hepatitis C and any additional diseases or conditions that are associated with or result from hepatitis A, hepatitis B or hepatitis C.

(b) “Police officer” means a sheriff, deputy sheriff, officer of a metropolitan police department or city policeman.

Sec. 4. The amendatory provisions of this act do not apply to any person who, on October 1, 2003, is receiving compensation for hepatitis pursuant to chapters 616A to 616D, inclusive, of NRS. As used in this section, “hepatitis” includes hepatitis A, hepatitis B, hepatitis C and any additional diseases or conditions that are associated with or result from hepatitis A, hepatitis B or hepatitis C.

________

CHAPTER 507, SB 243

Senate Bill No. 243–Committee on Finance

CHAPTER 507

AN ACT making appropriations from the State General Fund to the Fund to Stabilize the Operation of State Government; and providing other matters properly relating thereto.

[Approved: June 12, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. There is hereby appropriated from the State General Fund to the Fund to Stabilize the Operation of State Government created by NRS 353.288 the sum of $30,000,000.

2. Notwithstanding the provisions of NRS 353.235:

(a) Upon receipt of the projections and estimates of the Economic Forum required by paragraph (d) of subsection 1 of NRS 353.228 to be reported on or before December 1, 2004, the Interim Finance Committee shall project the ending balance of the State General Fund for Fiscal Year 2004-2005, using all relevant information known to it.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3416 (CHAPTER 507, SB 243)ê

(b) Except as otherwise provided in paragraph (c), there is hereby contingently appropriated from the State General Fund to the Fund to Stabilize the Operation of State Government created by NRS 353.288 the amount, if any, by which the projection required by paragraph (a) exceeds the amount of the ending balance of the State General Fund for Fiscal Year 2004-2005 as estimated by the 2003 Legislature.

Sec. 2. This act becomes effective on July 1, 2004.

________

CHAPTER 508, SB 250

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

CHAPTER 508

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; making various changes regarding the practice of chiropractic; 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.

[Approved: June 12, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 622 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.

Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.

Sec. 3. “License” means any license, certificate, registration, permit or similar type of authorization issued by a regulatory body.

Sec. 4. “Licensee” means a person who holds any license, certificate, registration, permit or similar type of authorization issued by a regulatory body.

Sec. 5. “Regulatory body” means:

1. Any agency, board or commission which has the authority to regulate an occupation or profession pursuant to this title; and

2. Any officer of an agency, board or commission which has the authority to regulate an occupation or profession pursuant to this title.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3417 (CHAPTER 508, SB 250)ê

Sec. 6. In regulating an occupation or profession pursuant to this title, each regulatory body shall carry out and enforce the provisions of this title for the protection and benefit of the public.

Sec. 7. If any provision of this title requires a regulatory body to disclose information to the public in any proceeding or as part of any record, such a provision does not apply to any personal medical information or records of a patient that are confidential or otherwise protected from disclosure by any other provision of federal or state law.

Sec. 8. 1. The provisions of NRS 241.020 do not apply to proceedings relating to an investigation conducted to determine whether to proceed with disciplinary action against a licensee, unless the licensee requests that the proceedings be conducted pursuant to those provisions.

2. If the regulatory body decides to proceed with disciplinary action against the licensee, all proceedings that are conducted after that decision and are related to that disciplinary action are subject to the provisions of NRS 241.020.

Sec. 9. 1. Except as otherwise provided in this section, a regulatory body may not enter into a consent or settlement agreement with a person who has allegedly committed a violation of any provision of this title which the regulatory body has the authority to enforce, any regulation adopted pursuant thereto or any order of the regulatory body, unless the regulatory body discusses and approves the terms of the agreement in a public meeting.

2. A regulatory body that consists of one natural person may enter into a consent or settlement agreement without complying with the provisions of subsection 1 if:

(a) The regulatory body posts notice in accordance with the requirements for notice for a meeting held pursuant to chapter 241 of NRS and the notice states that:

(1) The regulatory body intends to resolve the alleged violation by entering into a consent or settlement agreement with the person who allegedly committed the violation; and

(2) For the limited time set forth in the notice, any person may request that the regulatory body conduct a public meeting to discuss the terms of the consent or settlement agreement by submitting a written request for such a meeting to the regulatory body within the time prescribed in the notice; and

(b) At the expiration of the time prescribed in the notice, the regulatory body has not received any requests for a public meeting regarding the consent or settlement agreement.

3. If a regulatory body enters into a consent or settlement agreement that is subject to the provisions of this section, the agreement is a public record.

4. The provisions of this section do not apply to a consent or settlement agreement between a regulatory body and a licensee that provides for the licensee to enter a diversionary program for the treatment of alcohol, chemical or substance abuse or dependency.

Sec. 10. 1. A regulatory body may recover from a person reasonable attorney’s fees and costs that are incurred by the regulatory body as part of its investigative, administrative and disciplinary proceedings against the person if the regulatory body:

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3418 (CHAPTER 508, SB 250)ê

(a) Enters a final order in which it finds that the person has violated any provision of this title which the regulatory body has the authority to enforce, any regulation adopted pursuant thereto or any order of the regulatory body; or

(b) Enters into a consent or settlement agreement in which the regulatory body finds or the person admits or does not contest that the person has violated any provision of this title which the regulatory body has the authority to enforce, any regulation adopted pursuant thereto or any order of the regulatory body.

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

(a) Costs of an investigation.

(b) Costs for photocopies, facsimiles, long distance telephone calls and postage and delivery.

(d) Fees for expert witnesses and other witnesses at any depositions or hearings.

(e) Fees for necessary interpreters at any depositions or hearings.

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

(g) Expenses for research, including, without limitation, reasonable and necessary expenses for computerized services for legal research.

Sec. 11. A court shall award to a regulatory body reasonable attorney’s fees and reasonable costs specified in NRS 18.005 that are incurred by the regulatory body to bring or defend in any action if:

1. The action relates to the imposition or recovery of an administrative or civil remedy or penalty, the enforcement of any subpoena issued by the regulatory body or the enforcement of any provision of this title which the regulatory body has the authority to enforce, any regulation adopted pursuant thereto or any order of the regulatory body; and

2. The court determines that the regulatory body is the prevailing party in the action.

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

622.100 1. Each [occupational licensing board] regulatory body shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau a summary of each disciplinary action taken by the regulatory body during the immediately preceding calendar quarter against [the holder of a license, certificate, registration or permit issued by the occupational licensing board.] any licensee of the regulatory body.

2. The Director of the Legislative Counsel Bureau shall:

(a) Provide any information he receives pursuant to subsection 1 to a member of the public upon request;

(b) Cause a notice of the availability of such information to be posted on the public website of the Nevada Legislature on the Internet; and

(c) Transmit a compilation of the information he receives pursuant to subsection 1 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

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

622.110 1. Each [occupational licensing board] regulatory body shall, on or before November 1 of each even-numbered year, submit a report of its activities to the Director of the Legislative Counsel Bureau.

2. The report must include, without limitation:

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3419 (CHAPTER 508, SB 250)ê

(a) The number of licenses [, certificates, registrations and permits, respectively,] issued by the [occupational licensing board] regulatory body during the immediately preceding 2 fiscal years;

(b) A summary of the budget of the [occupational licensing board] regulatory body during the immediately preceding 2 fiscal years that is related to the duties of the [occupational licensing board] regulatory body pursuant to this title, including, without limitation, a description of all income and expenditures related to such duties;

(c) A summary of each disciplinary action taken by the regulatory body during the immediately preceding 2 fiscal years against [the holder of a license, certificate, registration or permit issued by the occupational licensing board;] any licensee of the regulatory body; and

(d) Any other information that is requested by the Director of the Legislative Counsel Bureau or which the [occupational licensing board] regulatory body determines would be helpful to the Legislature in evaluating whether the continued existence of the [occupational licensing board] regulatory body is necessary.

3. The Director of the Legislative Counsel Bureau shall compile all the reports he receives and distribute copies of the compilation to the Senate Standing Committee on Commerce and Labor and the Assembly Standing Committee on Commerce and Labor, which each shall review the compilation to determine whether the continued existence of each [occupational licensing board] regulatory body is necessary.

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

623.131 1. Except as otherwise provided in subsections 2, 3 and 4, the records of the Board which relate to:

(a) An employee of the Board;

(b) An examination given by the Board; or

(c) Complaints and charges filed with the Board and the material compiled as a result of its investigation of those complaints and charges,

are confidential.

2. The records described in subsection 1 may be disclosed, pursuant to procedures established by regulation of the Board, to a court or an agency of the Federal Government, any state, any political subdivision of this state , or any other related professional board or organization.

3. [Upon completion of an investigation by the Board, any records of the Board described in paragraph (c) of subsection 1 are public records only if:

(a) Disciplinary action is imposed by the Board as a result of the investigation; or

(b) The person regarding whom the investigation was made submits a written request to the Board requesting that the records be made] The complaint or other document filed by the Board to initiate disciplinary action and all other documents and information considered by the Board when determining whether to impose discipline are public records.

4. The Board may report to other related professional boards and organizations an applicant’s score on an examination given by the Board.

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

623.270 1. The Board may place the holder of any certificate of registration issued pursuant to the provisions of this chapter on probation, publicly reprimand him, fine him not more than $10,000, suspend or revoke his license, impose the costs of investigation and prosecution upon him or take any combination of these disciplinary actions, if proof satisfactory to the Board is presented that:

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3420 (CHAPTER 508, SB 250)ê

his license, impose the costs of investigation and prosecution upon him or take any combination of these disciplinary actions, if proof satisfactory to the Board is presented that:

(a) The certificate was obtained by fraud or concealment of a material fact.

(b) The holder of the certificate has been found guilty by the Board or by a court of justice of any fraud, deceit or concealment of a material fact in his professional practice, or has been convicted by a court of justice of a crime involving moral turpitude.

(1) The practice of architecture or residential design; or

(2) His practice as a registered interior designer.

(d) The holder of a certificate has affixed his signature or seal to plans, drawings, specifications or other instruments of service which have not been prepared by him or in his office, or under his responsible control, or has permitted the use of his name to assist any person who is not a registered architect, registered interior designer or residential designer to evade any provision of this chapter.

(e) The holder of a certificate has aided or abetted any unauthorized person to practice:

(1) Architecture or residential design; or

(2) As a registered interior designer.

(f) The holder of the certificate has violated any law, regulation or code of ethics pertaining to:

(1) The practice of architecture or residential design; or

(2) Practice as a registered interior designer.

(g) The holder of a certificate has failed to comply with an order issued by the Board or has failed to cooperate with an investigation conducted by the Board.

2. [If discipline is imposed pursuant to the provisions of this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the Board.

3.] The conditions for probation imposed pursuant to the provisions of subsection 1 may include, but are not limited to:

(a) Restriction on the scope of professional practice.

(b) Peer review.

(d) Payment of restitution to each person who suffered harm or loss.

[(e) Payment of all costs of the administrative investigation and prosecution.

4.] 3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

4. The Board shall not privately reprimand the holder of any certificate of registration issued pursuant to this chapter.

5. As used in this section:

(a) “Gross negligence” means conduct which demonstrates a reckless disregard of the consequences affecting the life or property of another person.

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

(1) The practice of architecture or residential design; or

(2) Practice as a registered interior designer,demonstrates a significant lack of ability, knowledge or fitness to discharge a professional obligation.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3421 (CHAPTER 508, SB 250)ê

demonstrates a significant lack of ability, knowledge or fitness to discharge a professional obligation.

(c) “Negligence” means a deviation from the normal standard of professional care exercised generally by other members in:

(1) The profession of architecture or residential design; or

(2) Practice as a registered interior designer.

Sec. 16. Chapter 623A of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in this section, a complaint filed with the Executive Director, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.

2. The complaint or other document filed by the Board to initiate disciplinary action and all documents and information considered by the Board when determining whether to impose discipline are public records.

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

623A.270 1. The Board may:

(a) Suspend or revoke a certificate of registration or certificate to practice as a landscape architect intern;

(b) Refuse to renew a certificate of registration or certificate to practice as a landscape architect intern;

(c) Place a holder of a certificate of registration or certificate to practice as a landscape architect intern on probation;

(d) Issue a public reprimand to a holder of a certificate of registration or certificate to practice as a landscape architect intern;

(e) Impose upon a holder of a certificate of registration or certificate to practice as a landscape architect intern a fine of not more than $5,000 for each violation of this chapter;

(f) Require a holder of a certificate of registration or certificate to practice as a landscape architect intern to pay restitution; or

(g) [Require a holder of a certificate of registration or certificate to practice as a landscape architect intern to pay the costs of an investigation or prosecution; or

(h)] Take such other disciplinary action as the Board deems appropriate,

if the holder of a certificate of registration or certificate to practice as a landscape architect intern has committed any act set forth in NRS 623A.280.

2. The conditions for probation imposed pursuant to the provisions of subsection 1 may include, without limitation:

(a) Restriction on the scope of professional practice;

(b) Peer review;

(d) The payment of restitution to each person who suffered harm or loss; and

(e) The payment of all costs of the administrative investigation and prosecution.

3. [If the Board imposes discipline pursuant to the provisions of this section, the Board may recover the costs of the proceeding, including any investigative costs and attorney’s fees.

4.] An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3422 (CHAPTER 508, SB 250)ê

4. The Board shall not issue a private reprimand to a holder of a certificate of registration or certificate to practice as a landscape architect intern.

5. The Board may adopt regulations setting forth a schedule of fines for the purposes of paragraph (e) of subsection 1.

Sec. 18. Chapter 624 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in this section, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of the investigation conducted to determine whether to initiate disciplinary action are confidential.

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

624.110 1. The Board may maintain offices in as many localities in the State as it finds necessary to carry out the provisions of this chapter, but it shall maintain one office in which there must be at all times open to public inspection a complete record of applications, licenses issued, licenses renewed and all revocations, cancellations and suspensions of licenses.

2. [Credit] Except as otherwise required in section 18 of this act, credit reports, references, [investigative memoranda,] financial information and data pertaining to a licensee’s net worth are confidential and not open to public inspection.

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

624.291 1. Except as otherwise provided in subsection 4, if the Board suspends or revokes a license, has probable cause to believe that a person has violated NRS 624.720 or imposes an administrative fine pursuant to NRS 624.710, the Board shall hold a hearing. The time and place for the hearing must be fixed by the Board, and notice of the time and place of the hearing must be personally served on the applicant or accused or mailed to the last known address of the applicant or accused at least 21 days before the date fixed for the hearing.

2. The testimony taken pursuant to NRS 624.170 to 624.210, inclusive, must be considered a part of the record of the hearing before the Board.

3. [The] Except as otherwise provided in section 8 of this act, the hearing must be public if a request is made therefor.

4. The Board may suspend the license of a contractor without a hearing if the Board finds, based upon evidence in its possession, that the public health, safety or welfare imperatively requires summary suspension of the license of the contractor and incorporates that finding in its order. If the Board summarily suspends the license of the contractor, the Board must notify the contractor by certified mail. A hearing must be held within 60 days after the suspension if the contractor submits a written request for a hearing to the Board within 20 days after the Board summarily suspends his license.

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

624.300 1. Except as otherwise provided in subsection 3, the Board may:

(a) Suspend or revoke licenses already issued;

(b) Refuse renewals of licenses;

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3423 (CHAPTER 508, SB 250)ê

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

(e) Order a licensee to repay to the account established pursuant to NRS 624.470, any amount paid out of the account pursuant to NRS 624.510 as a result of an act or omission of that licensee;

(f) Order the licensee to take action to correct a condition resulting from an act which constitutes a cause for disciplinary action, at the licensee’s cost, that may consist of requiring the licensee to:

(1) Perform the corrective work himself;

(2) Hire and pay another licensee to perform the corrective work; or

(3) Pay to the owner of the construction project a specified sum to correct the condition; or

(g) [Reprimand] Issue a public reprimand or take other less severe disciplinary action, including, without limitation, increasing the amount of the surety bond or cash deposit of the licensee,

if the licensee commits any act which constitutes a cause for disciplinary action.

2. If the Board suspends or revokes the license of a contractor for failure to establish financial responsibility, the Board may, in addition to any other conditions for reinstating or renewing the license, require that each contract undertaken by the licensee for a period to be designated by the Board, not to exceed 12 months, be separately covered by a bond or bonds approved by the Board and conditioned upon the performance of and the payment of labor and materials required by the contract.

3. If a licensee violates the provisions of NRS 624.3014 or subsection 3 of NRS 624.3015, the Board may impose an administrative fine of not more than $20,000.

4. If a licensee commits a fraudulent act which is a cause for disciplinary action under NRS 624.3016, the correction of any condition resulting from the act does not preclude the Board from taking disciplinary action.

5. If the Board finds that a licensee has engaged in repeated acts that would be cause for disciplinary action, the correction of any resulting conditions does not preclude the Board from taking disciplinary action pursuant to this section.

6. The expiration of a license by operation of law or by order or decision of the Board or a court, or the voluntary surrender of a license by a licensee, does not deprive the Board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.

7. [If discipline is imposed pursuant to this section, including any discipline imposed pursuant to a stipulated settlement, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the Board.] The Board shall not issue a private reprimand to a licensee.

8. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

9. All fines collected pursuant to this section must be deposited with the State Treasurer for credit to the Construction Education Account created pursuant to NRS 624.580.

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

625.425 1. Any information obtained during the course of an investigation by the Board and any record of an investigation is confidential .

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3424 (CHAPTER 508, SB 250)ê

[until the investigation is completed.] If no disciplinary action is taken against a licensee, an applicant for licensure, an intern or an applicant for certification as an intern, or no civil penalty is imposed pursuant to NRS 625.590, the information in his investigative file remains confidential. [If a formal complaint is filed, all pleadings and evidence introduced at the hearing] The complaint or other document filed by the Board to initiate disciplinary action and all documents and information considered by the Board when determining whether to impose discipline are public records.

2. The provisions of this section do not prohibit the Board or its employees from communicating and cooperating with another licensing board or any other agency that is investigating a person.

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

625.460 1. If, after a hearing, a majority of the members of the Board present at the hearing vote in favor of finding the accused person guilty, the Board may:

[1.] (a) Revoke the license of the professional engineer or professional land surveyor or deny a license to the applicant;

[2.] (b) Suspend the license of the professional engineer or professional land surveyor;

[3.] (c) Fine the licensee or applicant for licensure not more than $15,000 for each violation of a provision of this chapter or any regulation adopted by the Board;

[4.] (d) Place the licensee or applicant for licensure on probation for such periods as it deems necessary and, if the Board deems appropriate, require the licensee or applicant for licensure to pay restitution to clients or other persons who have suffered economic losses as a result of a violation of the provisions of this chapter or the regulations adopted by the Board; or

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

2. The Board shall not issue a private reprimand.

3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

Sec. 24. Chapter 625A of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in this section, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.

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

625A.180 1. If the Board finds after a hearing, or after providing an opportunity for a hearing, that disciplinary action is necessary, it may by order:

(a) Place the environmental health specialist on probation for a specified period or until further order of the Board;

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

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3425 (CHAPTER 508, SB 250)ê

2. If the order places an environmental health specialist on probation, the Board may impose such limitations or conditions upon his professional activities as it finds consistent to protect the public health.

3. The Board shall not administer a private reprimand.

4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

Sec. 26. Chapter 628 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in this section, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.

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

628.390 1. After giving notice and conducting a hearing, the Board may revoke, or may suspend for a period of not more than 5 years, any certificate issued under NRS 628.190 to 628.310, inclusive, any registration or license granted to a registered public accountant under NRS 628.350, or any registration of a partnership, corporation, limited-liability company or office, or may revoke, suspend or refuse to renew any permit issued under NRS 628.380, or may publicly censure the holder of any permit, for any one or any combination of the following causes:

(a) Fraud or deceit in obtaining a certificate as a certified public accountant, or in obtaining registration or a license as a public accountant under this chapter, or in obtaining a permit to practice public accounting under this chapter.

(b) Dishonesty, fraud or gross negligence by a certified or registered public accountant in the practice of public accounting or, if not in the practice of public accounting, of a kind which adversely affects the ability to perform public accounting.

(d) Violation of a regulation or rule of professional conduct adopted by the Board under the authority granted by this chapter.

(e) Conviction of a felony under the laws of any state or of the United States.

(f) Conviction of any crime, an element of which is dishonesty or fraud, under the laws of any state or of the United States.

(g) Cancellation, revocation, suspension or refusal to renew authority to practice as a certified public accountant or a registered public accountant by any other state, for any cause other than failure to pay an annual registration fee or to comply with requirements for continuing education or review of his practice in the other state.

(h) Suspension or revocation of the right to practice before any state or federal agency.

(i) Unless the person has been placed on inactive or retired status, failure to obtain an annual permit under NRS 628.380, within:

(1) Sixty days after the expiration date of the permit to practice last obtained or renewed by the holder of a certificate or registrant; or

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3426 (CHAPTER 508, SB 250)ê

(2) Sixty days after the date upon which the holder of a certificate or registrant was granted his certificate or registration, if no permit was ever issued to him, unless the failure has been excused by the Board.

(j) Conduct discreditable to the profession of public accounting or which reflects adversely upon the fitness of the person to engage in the practice of public accounting.

(k) Making a false or misleading statement in support of an application for a certificate, registration or permit of another person.

2. After giving notice and conducting a hearing, the Board may deny an application to take the examination prescribed by the Board pursuant to NRS 628.190, deny a person admission to such an examination, invalidate a grade received for such an examination or deny an application for a certificate issued pursuant to NRS 628.190 to 628.310, inclusive, to a person who has:

(a) Made any false or fraudulent statement, or any misleading statement or omission relating to a material fact in an application:

(1) To take the examination prescribed by the Board pursuant to NRS 628.190; or

(2) For a certificate issued pursuant to NRS 628.190 to 628.310, inclusive;

(b) Cheated on an examination prescribed by the Board pursuant to NRS 628.190 or any such examination taken in another state or jurisdiction of the United States;

(d) Committed any combination of the acts set forth in paragraphs (a), (b) and (c).

3. In addition to other penalties prescribed by this section, the Board may impose a civil penalty of not more than $5,000 for each violation of this section.

4. The Board [may recover:

(a) Attorney’s fees and costs incurred with respect to a hearing held pursuant to this section from a person who is found in violation of any of the provisions of this section;

(b) Attorney’s fees and costs incurred in the recovery of a civil penalty imposed pursuant to this section; and

(c) Any other costs incurred by the Board as a result of such a violation.] shall not privately censure the holder of any permit, license or certificate of registration.

5. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

Sec. 28. Chapter 630 of NRS is hereby amended by adding thereto the provisions set forth as sections 29 to 41, inclusive, of this act.

Sec. 29. 1. The Board shall employ a person as the Executive Secretary of the Board.

2. The Executive Secretary serves as the chief administrative officer of the Board at a level of compensation set by the Board.

3. The Executive Secretary is an at-will employee who serves at the pleasure of the Board.

Sec. 30. 1. The Board may employ hearing officers, experts, administrators, attorneys, investigators, consultants and clerical personnel necessary to the discharge of its duties.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3427 (CHAPTER 508, SB 250)ê

2. Each employee of the Board is an at-will employee who serves at the pleasure of the Board. The Board may discharge an employee of the Board for any reason that does not violate public policy, including, without limitation, making a false representation to the Board.

3. A hearing officer employed by the Board shall not act in any other capacity for the Board or occupy any other position of employment with the Board, and the Board shall not assign the hearing officer any duties which are unrelated to the duties of a hearing officer.

4. If a person resigns his position as a hearing officer or the Board terminates the person from his position as a hearing officer, the Board may not rehire the person in any position of employment with the Board for a period of 2 years following the date of the resignation or termination. The provisions of this subsection do not give a person any right to be rehired by the Board and do not permit the Board to rehire a person who is prohibited from being employed by the Board pursuant to any other provision of law.

Sec. 31. 1. Notwithstanding any other provision of law and except as otherwise provided in this section, the Board shall not adopt any regulations that prohibit or have the effect of prohibiting a physician, physician assistant or practitioner of respiratory care from collaborating or consulting with another provider of health care.

2. The provisions of this section do not prevent the Board from adopting regulations that prohibit a physician, physician assistant or practitioner of respiratory care from aiding or abetting another person in the unlicensed practice of medicine or the unlicensed practice of respiratory care.

3. As used in this section, “provider of health care” has the meaning ascribed to it in NRS 629.031.

Secs. 32 and 33. (Deleted by amendment.)

Sec. 34. 1. In addition to the other requirements for licensure, an applicant for a license to practice medicine shall submit to the Board information describing:

(a) Any claims made against the applicant for malpractice, whether or not a civil action was filed concerning the claim;

(b) Any complaints filed against the applicant with a licensing board of another state and any disciplinary action taken against the applicant by a licensing board of another state; and

(c) Any complaints filed against the applicant with a hospital, clinic or medical facility or any disciplinary action taken against the applicant by a hospital, clinic or medical facility.

2. The Board shall not issue a license to the applicant until it has received all the information required by this section.

Sec. 35. In addition to the other requirements for licensure, an applicant for a license to practice medicine shall cause to be submitted to the Board a certificate of completion of progressive postgraduate training from the residency program where the applicant received training.

Sec. 36. 1. If the Board has reason to believe that a person has violated, is violating or is about to violate any provision of this chapter, the Board may issue to the person a letter of warning, a letter of concern or a nonpunitive admonishment at any time before the Board has initiated any disciplinary proceedings against the person.

2. The issuance of such a letter or admonishment:

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3428 (CHAPTER 508, SB 250)ê

(a) Does not preclude the Board from initiating any disciplinary proceedings against the person or taking any disciplinary action against the person based on any conduct alleged or described in the letter or admonishment or any other conduct; and

(b) Does not constitute a final decision of the Board and is not subject to judicial review.

Sec. 37. 1. Each person who holds a license issued pursuant to this chapter and who accepts the privilege of practicing medicine or respiratory care within this state pursuant to the provisions of the license shall be deemed to have given his consent to the revocation of the license at any time by the Board in accordance with the provisions of this section.

2. The Board shall not revoke a license issued pursuant to this chapter unless the Board finds by a preponderance of the evidence that the licensee committed a material violation of:

(a) Any provision of NRS 630.161 or 630.301 to 630.3067, inclusive; or

(b) Any condition, restriction or limitation imposed on the license.

Sec. 38. The expiration of a license by operation of law or by order or decision of the Board or a court, or the voluntary surrender of a license by a licensee, does not deprive the Board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.

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

(a) Any action for malpractice against the physician not later than 45 days after the physician receives service of a summons and complaint for the action;

(b) Any claim for malpractice against the physician that is submitted to arbitration or mediation not later than 45 days after the claim is submitted to arbitration or mediation;

(c) Any settlement, award, judgment or other disposition of any action or claim described in paragraph (a) or (b) not later than 45 days after the settlement, award, judgment or other disposition; and

(d) Any sanctions imposed against the physician that are reportable to the National Practitioner Data Bank not later than 45 days after the sanctions are imposed.

2. If the Board finds that a physician has violated any provision of this section, the Board may impose a fine of not more than $5,000 against the physician for each violation, in addition to any other fines or penalties permitted by law.

3. All reports made by a physician pursuant to this section are public records.

Sec. 40. If the Board receives a report pursuant to the provisions of NRS 630.3067, 690B.045, 690B.050 or section 39 of this act indicating that a judgment has been rendered or an award has been made against a physician regarding an action or claim for malpractice or that such an action or claim against the physician has been resolved by settlement, the Board shall conduct an investigation to determine whether to impose disciplinary action against the physician regarding the action or claim, unless the Board has already commenced or completed such an investigation regarding the action or claim before it receives the report.

Sec. 41. 1. In addition to any other audits required of the Board by law, the Legislative Commission shall issue to the Federation of State Medical Boards of the United States, Inc., a request for proposal to conduct regular performance audits of the Board.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3429 (CHAPTER 508, SB 250)ê

conduct regular performance audits of the Board. After considering the response to the request for proposal, if the Legislative Commission finds that the Federation of State Medical Boards of the United States, Inc., has the ability to conduct fair and impartial performance audits of the Board, the Legislative Commission shall engage the services of the Federation of State Medical Boards of the United States, Inc., to conduct regular performance audits of the Board. If the Legislative Commission finds that the Federation of State Medical Boards of the United States, Inc., does not have the ability to conduct fair and impartial performance audits of the Board or is otherwise unable to conduct such performance audits, the Legislative Commission shall direct the Audit Division of the Legislative Counsel Bureau to conduct regular performance audits of the Board.

2. The initial performance audit of the Board must be commenced before October 1, 2003. After the initial performance audit is completed, additional performance audits must be conducted:

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

(b) Whenever ordered by the Legislative Commission, for the period since the last performance audit was conducted pursuant to this section.

3. A written report of the results of the initial performance audit must be submitted to the Secretary of the Legislative Commission not later than 60 days after the date that the initial performance audit is commenced. A written report of the results of each subsequent performance audit must be submitted to the Secretary of the Legislative Commission as soon as practicable after the date that the performance audit is commenced.

4. Upon receipt of the written report of the results of each performance audit, the Secretary of the Legislative Commission shall:

(a) Distribute the report to the members of the Legislative Commission and to any other Legislator who requests a copy of the report; and

(b) Not later than 30 days after receipt of the report, make the report available to the public.

5. The Board shall pay all costs related to each performance audit conducted pursuant to this section.

6. Any person who conducts a performance audit pursuant to this section:

(a) Is directly responsible to the Legislative Commission;

(b) Must be sufficiently qualified to conduct the performance audit; and

(c) Must never have conducted an audit of the Board pursuant to NRS 218.825 or have been affiliated, in any way, with a person who has conducted an audit of the Board pursuant to NRS 218.825.

7. Each performance audit conducted pursuant to this section must include, without limitation, a comprehensive review and evaluation of:

(a) The methodology and efficiency of the Board in responding to complaints filed by the public against a licensee;

(b) The methodology and efficiency of the Board in responding to complaints filed by a licensee against another licensee;

(c) The methodology and efficiency of the Board in conducting investigations of licensees who have had two or more malpractice claims filed against them within a period of 12 months;

(d) The methodology and efficiency of the Board in conducting investigations of licensees who have been subject to one or more peer review actions at a medical facility that resulted in the licensee losing his professional privileges at the medical facility for more than 30 days within a period of 12 months;

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3430 (CHAPTER 508, SB 250)ê

professional privileges at the medical facility for more than 30 days within a period of 12 months;

(e) The methodology and efficiency of the Board in taking preventative steps or progressive actions to remedy or deter any unprofessional conduct by a licensee before such conduct results in a violation under this chapter that warrants disciplinary action; and

(f) The managerial and administrative efficiency of the Board in using the fees that it collects pursuant to this chapter.

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

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

(a) It is among the responsibilities of State Government to ensure, as far as possible, that only competent persons practice medicine and respiratory care within this state [. For this purpose,] ;

(b) For the protection and benefit of the public, the Legislature delegates to the Board of Medical Examiners the power and duty [of determining] to determine the initial and continuing competence of [doctors of medicine,] physicians, physician assistants and practitioners of respiratory care [in this state.] who are subject to the provisions of this chapter;

(c) The Board must exercise its regulatory power to ensure that the interests of the medical profession do not outweigh the interests of the public;

(d) The Board must ensure that unfit physicians, physician assistants and practitioners of respiratory care are removed from the medical profession so that they will not cause harm to the public; and

(e) The Board must encourage and allow for public input into its regulatory activities to further improve the quality of medical practice within this state.

2. The powers conferred upon the Board by this chapter must be liberally construed to carry out [this purpose.] these purposes for the protection and benefit of the public.

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

630.020 “Practice of medicine” means:

1. To diagnose, treat, correct, prevent or prescribe for any human disease, ailment, injury, infirmity, deformity or other condition, physical or mental, by any means or instrumentality.

2. To apply principles or techniques of medical science in the diagnosis or the prevention of any such conditions.

3. To perform any of the acts described in subsections 1 and 2 by using equipment that transfers information concerning the medical condition of the patient electronically, telephonically or by fiber optics.

4. To offer, undertake, attempt to do or hold oneself out as able to do any of the acts described in subsections 1 and 2.

[5. To use in connection with a person’s name the words or letters “M.D.,” or any other title, word, letter or other designation intended to imply or designate him as a practitioner of medicine in any of its branches, except in the manner authorized by NRS 630A.220.]

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

630.045 1. The purpose of licensing physicians, physician assistants and practitioners of respiratory care is to protect the public health and safety and the general welfare of the people of this state.

2. Any license issued pursuant to this chapter is a revocable privilege [and no holder of] , but the Board may revoke such a license [acquires thereby any vested right.]

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3431 (CHAPTER 508, SB 250)ê

thereby any vested right.] only in accordance with the provisions of section 37 of this act.

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

630.060 1. Six members of the Board must be persons who are licensed to practice medicine in this state, are actually engaged in the practice of medicine in this state and have resided and practiced medicine in this state for at least 5 years preceding their respective appointments.

2. The remaining members must be persons who have resided in this state for at least 5 years and who:

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

(b) Are not actively engaged in the administration of any facility for the dependent as defined in chapter 449 of NRS, medical facility or medical school; and

(c) Do not have a pecuniary interest in any matter pertaining to the healing arts, except as a patient or potential patient.

3. The members of the Board must be selected without regard to their individual political beliefs.

4. The President of the Board shall conduct a training [programs] program to assist new members of the Board in the performance of their duties.

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

630.100 1. The Board shall meet at least twice annually and may meet at other times on the call of the President or a majority of its members.

2. Meetings of the Board must be held at a location at which members of the general public may testify via telephone or video conference between Las Vegas and Carson City or Reno.

3. A majority of the Board, or of any committee or panel appointed by the Board constitutes a quorum. If there is a quorum, a vote of the majority of the members present is all that is necessary to transact any business before the Board or the committee or panel appointed by the Board.

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

630.125 The Board may [:

1. Maintain] maintain offices in as many localities in the State as it finds necessary to carry out the provisions of this chapter.

[2. Employ hearing officers, experts, administrators, attorneys, investigators, consultants and clerical personnel necessary to the discharge of its duties.]

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

630.130 1. In addition to the other powers and duties provided in this chapter, the Board shall [:] , in the interest of the public, judiciously:

(a) Enforce the provisions of this chapter;

(b) Establish by regulation standards for licensure under this chapter;

(d) Investigate the character of each applicant for a license and issue licenses to those applicants who meet the qualifications set by this chapter and the Board; and

(e) Institute a proceeding in any court to enforce its orders or the provisions of this chapter.

2. On or before February 15 of each odd-numbered year, the board shall submit to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report compiling:

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3432 (CHAPTER 508, SB 250)ê

for transmittal to the next regular session of the Legislature a written report compiling:

(a) Disciplinary action taken by the Board during the previous biennium against physicians for malpractice or negligence; and

(b) Information reported to the Board during the previous biennium pursuant to NRS 630.3067, subsections 2 and 3 of NRS 630.307 and NRS 690B.045 [.] and 690B.050 and section 39 of this act.

The report must include only aggregate information for statistical purposes and exclude any identifying information related to a particular person.

3. The Board may adopt such regulations as are necessary or desirable to enable it to carry out the provisions of this chapter.

Secs. 49 and 50. (Deleted by amendment.)

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

630.261 1. Except as otherwise provided in NRS 630.161, the Board may issue:

(a) A locum tenens license, to be effective not more than 3 months after issuance, to any physician who is licensed and in good standing in another state, who meets the requirements for licensure in this state and who is of good moral character and reputation. The purpose of this license is to enable an eligible physician to serve as a substitute for another physician who is licensed to practice medicine in this state and who is absent from his practice for reasons deemed sufficient by the Board. A license issued pursuant to the provisions of this paragraph is not renewable.

(b) A special license to a licensed physician of another state to come into this state to care for or assist in the treatment of his own patient in association with a physician licensed in this state. A special license issued pursuant to the provisions of this paragraph is limited to the care of a specific patient. The physician licensed in this state has the primary responsibility for the care of that patient.

(d) A temporary license for a specified period if the physician is licensed and in good standing in another state and meets the requirements for licensure in this state, and if the Board determines that it is necessary in order to provide medical services for a community without adequate medical care. A temporary license issued pursuant to the provisions of this paragraph is not renewable.

(e) A special purpose license to a physician who is licensed in another state to permit the use of equipment that transfers information concerning the medical condition of a patient in this state across state lines electronically, telephonically or by fiber optics if the physician:

(1) Holds a full and unrestricted license to practice medicine in that state;

(2) Has not had any disciplinary or other action taken against him by any state or other jurisdiction; and

(3) Meets the requirement set forth in paragraph (d) of subsection 2 of NRS 630.160.

2. Except as otherwise provided in this section, the Board may renew or modify any license issued pursuant to subsection 1.

[3. Every physician who is licensed pursuant to subsection 1 and who accepts the privilege of practicing medicine in this state pursuant to the provisions of the license shall be deemed to have given his consent to the revocation of the license at any time by the Board for any of the grounds provided in NRS 630.161 or 630.301 to 630.3065, inclusive.]

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3433 (CHAPTER 508, SB 250)ê

revocation of the license at any time by the Board for any of the grounds provided in NRS 630.161 or 630.301 to 630.3065, inclusive.]

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

630.301 The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:

1. Conviction of a felony . [, any offense involving moral turpitude or any offense relating to the practice of medicine or the ability to practice medicine.] A plea of nolo contendere is a conviction for the purposes of this subsection.

2. Conviction of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 [,] or 616D.350 to 616D.440, inclusive.

3. The revocation, suspension, modification or limitation of the license to practice any type of medicine by any other jurisdiction or the surrender of the license or discontinuing the practice of medicine while under investigation by any licensing authority, a medical facility, a branch of the Armed Services of the United States, an insurance company, an agency of the Federal Government or an employer.

4. Malpractice, which may be evidenced by claims settled against a practitioner [.] , but only if such malpractice is established by a preponderance of the evidence.

5. The engaging by a practitioner in any sexual activity with a patient who is currently being treated by the practitioner.

6. Disruptive behavior with physicians, hospital personnel, patients, members of the families of patients or any other persons if the behavior interferes with patient care or has an adverse impact on the quality of care rendered to a patient.

7. The engaging in conduct that violates the trust of a patient and exploits the relationship between the physician and the patient for financial or other personal gain.

8. The failure to offer appropriate procedures or studies, to protest inappropriate denials by organizations for managed care, to provide necessary services or to refer a patient to an appropriate provider, when such a failure occurs with the intent of positively influencing the financial well-being of the practitioner or an insurer.

9. The engaging in conduct that brings the medical profession into disrepute, including, without limitation, conduct that violates any provision of a national code of ethics adopted by the Board by regulation.

10. The engaging in sexual contact with the surrogate of a patient or other key persons related to a patient, including, without limitation, a spouse, parent or legal guardian, which exploits the relationship between the physician and the patient in a sexual manner.

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

630.3062 The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:

1. Failure to maintain timely, legible, accurate and complete medical records relating to the diagnosis, treatment and care of a patient.

2. Altering medical records of a patient.

3. Making or filing a report which the licensee knows to be false, failing to file a record or report as required by law or willfully obstructing or inducing another to obstruct such filing.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3434 (CHAPTER 508, SB 250)ê

4. Failure to make the medical records of a patient available for inspection and copying as provided in NRS 629.061.

5. Failure to comply with the requirements of [NRS 630.3067.] section 39 of this act.

6. Failure to report any person the licensee knows, or has reason to know, is in violation of the provisions of this chapter or the regulations of the Board.

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

630.3067 1. The insurer of a physician licensed under this chapter [and the physician must] shall report to the Board [any action filed or claim] :

(a) Any action for malpractice against the physician not later than 45 days after the physician receives service of a summons and complaint for the action;

(b) Any claim for malpractice against the physician that is submitted to arbitration or mediation [for malpractice or negligence against the physician and the] not later than 45 days after the claim is submitted to arbitration or mediation; and

(a) The action was filed or the claim was submitted to arbitration or mediation; and

(b) The disposition of the action or claim.] described in paragraph (a) or (b) not later than 45 days after the settlement, award, judgment or other disposition.

2. The Board shall report any failure to comply with subsection 1 by an insurer licensed in this state to the Division of Insurance of the Department of Business and Industry. If, after a hearing, the Division of Insurance determines that any such insurer failed to comply with the requirements of subsection 1, the Division may impose an administrative fine of not more than $10,000 against the insurer for each such failure to report. If the administrative fine is not paid when due, the fine must be recovered in a civil action brought by the Attorney General on behalf of the Division.

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

630.318 1. If the Board or any investigative committee of the Board has reason to believe that the conduct of any physician has raised a reasonable question as to his competence to practice medicine with reasonable skill and safety to patients, or if the Board has received a report pursuant to the provisions of NRS 630.3067, 690B.045, 690B.050 or section 39 of this act indicating that a judgment has been rendered or an award has been made against a physician regarding an action or claim for malpractice or that such an action or claim against the physician has been resolved by settlement, it may order that the physician undergo a mental or physical examination or an examination testing his competence to practice medicine by physicians or other examinations designated by the Board to assist the Board or committee in determining the fitness of the physician to practice medicine.

2. For the purposes of this section:

(a) Every physician who applies for a license or who is licensed under this chapter shall be deemed to have given his consent to submit to a mental or physical examination or an examination testing his competence to practice medicine when ordered to do so in writing by the Board.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3435 (CHAPTER 508, SB 250)ê

(b) The testimony or reports of the examining physicians are not privileged communications.

3. Except in extraordinary circumstances, as determined by the Board, the failure of a physician licensed under this chapter to submit to an examination when directed as provided in this section constitutes an admission of the charges against him.

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

630.333 1. In addition to any other remedy provided by law, the Board, through its President or Secretary-Treasurer or the Attorney General, may apply to any court of competent jurisdiction:

(a) To enjoin any prohibited act or other conduct of a licensee which is harmful to the public;

(b) To enjoin any person who is not licensed under this chapter from practicing medicine or respiratory care;

(c) To limit the practice of a physician, physician assistant or practitioner of respiratory care, or suspend his license to practice; or

(d) To enjoin the use of the title [“M. D.,”] “P.A.,” “P.A.-C,” “R.C.P.” or any other word, combination of letters or other designation intended to imply or designate a person as a [physician,] physician assistant or practitioner of respiratory care, when not licensed by the Board pursuant to this chapter, unless the use is otherwise authorized by a specific statute.

2. The court in a proper case may issue a temporary restraining order or a preliminary injunction for the purposes set forth in subsection 1:

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

(b) Without relieving any person from criminal prosecution for engaging in the practice of medicine without a license; and

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

630.336 1. [Any proceeding of a committee of the Board investigating complaints is not subject to the requirements of NRS 241.020, unless the licensee under investigation requests that the proceeding be subject to those requirements.] Any deliberations conducted or vote taken by [:

(a) The Board or panel regarding its decision; or

(b) The] the Board or any investigative committee of the Board regarding its ordering of a physician, physician assistant or practitioner of respiratory care to undergo a physical or mental examination or any other examination designated to assist the Board or committee in determining the fitness of a physician, physician assistant or practitioner of respiratory care [,] are not subject to the requirements of NRS 241.020.

2. Except as otherwise provided in subsection 3 [,] or 4, all applications for a license to practice medicine or respiratory care, any charges filed by the Board, financial records of the Board, formal hearings on any charges heard by the Board or a panel selected by the Board, records of such hearings and any order or decision of the Board or panel must be open to the public.

3. [Except as otherwise provided in NRS 630.352 and 630.368, the] The following may be kept confidential:

(a) Any statement, evidence, credential or other proof submitted in support of or to verify the contents of an application;

(b) [All investigations and records of investigations;

(c)] Any report concerning the fitness of any person to receive or hold a license to practice medicine or respiratory care;

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3436 (CHAPTER 508, SB 250)ê

[(d)] and

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

(2) The Board or its staff, investigators, experts, committees, panels, hearing officers, advisory members or consultants and counsel for the [Board; and

(e) Any other information or records in the possession of the] Board.

4. Except as otherwise provided in subsection 5, a complaint filed with the Board pursuant to NRS 630.307, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.

5. The complaint or other document filed by the Board to initiate disciplinary action and all documents and information considered by the Board when determining whether to impose discipline are public records.

6. This section does not prevent or prohibit the Board from communicating or cooperating with any other licensing board or agency or any agency which is investigating a licensee, including a law enforcement agency. Such cooperation may include, without limitation, providing the board or agency with minutes of a closed meeting, transcripts of oral examinations and the results of oral examinations.

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

630.352 1. Any member of the Board, except for an advisory member serving on a panel of the Board hearing charges, may participate in the final order of the Board. If the Board, after a formal hearing, determines from a preponderance of the evidence that a violation of the provisions of this chapter or of the regulations of the Board has occurred, it shall issue and serve on the physician charged an order, in writing, containing its findings and any sanctions.

2. If the Board determines that no violation has occurred, it shall dismiss the charges, in writing, and notify the physician that the charges have been dismissed. If the disciplinary proceedings were instituted against the physician as a result of a complaint filed against him, the Board may provide the physician with a copy of the complaint.

3. Except as otherwise provided in subsection 4, if the Board finds that a violation has occurred, it [may] shall by order [:] take one or more of the following actions:

(a) Place the person on probation for a specified period on any of the conditions specified in the order;

(b) Administer to him a public reprimand;

(d) Suspend his license for a specified period or until further order of the Board;

(e) Revoke his license to practice medicine [;] , but only in accordance with the provisions of section 37 of this act;

(f) Require him to participate in a program to correct alcohol or drug dependence or any other impairment;

(g) Require supervision of his practice;

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

(i) Require him to perform community service without compensation;

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3437 (CHAPTER 508, SB 250)ê

(j) Require him to take a physical or mental examination or an examination testing his competence; and

(k) Require him to fulfill certain training or educational requirements . [; and

(l) Require him to pay all costs incurred by the Board relating to his disciplinary proceedings.]

4. If the Board finds that the physician has violated the provisions of NRS 439B.425, the Board shall suspend his license for a specified period or until further order of the Board.

5. The Board shall not administer a private reprimand if the Board finds that a violation has occurred.

6. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

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

630.400 A person who:

1. Presents to the Board as his own the diploma, license or credentials of another;

2. Gives either false or forged evidence of any kind to the Board;

3. Practices medicine or respiratory care under a false or assumed name or falsely personates another licensee;

4. Except as otherwise provided by specific statute, practices medicine or respiratory care without being licensed under this chapter;

5. Holds himself out as a physician assistant or uses any other term indicating or implying that he is a physician assistant without being licensed by the Board; or

6. Holds himself out as a practitioner of respiratory care or uses any other term indicating or implying that he is a practitioner of respiratory care without being licensed by the Board , [; or

7. Uses the title “M.D.”:

(a) Without having been awarded such a degree; or

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

is guilty of a category D felony and shall be punished as provided in NRS 193.130.

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

630A.510 1. Any member of the Board who was not a member of the investigative committee, if one was appointed, may participate in the final order of the Board. If the Board, after a formal hearing, determines that a violation of the provisions of this chapter or the regulations adopted by the Board has occurred, it shall issue and serve on the person charged an order, in writing, containing its findings and any sanctions imposed by the Board. If the Board determines that no violation has occurred, it shall dismiss the charges, in writing, and notify the person that the charges have been dismissed.

2. If the Board finds that a violation has occurred, it may by order:

(a) Place the person on probation for a specified period on any of the conditions specified in the order.

(b) Administer to the person a public reprimand.

(d) Suspend the license of the person for a specified period or until further order of the Board.

(e) Revoke the license of the person to practice homeopathic medicine.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3438 (CHAPTER 508, SB 250)ê

(f) Require the person to participate in a program to correct a dependence upon alcohol or a controlled substance, or any other impairment.

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

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

(i) Require the person to perform community service without compensation.

(j) Require the person to take a physical or mental examination or an examination of his competence to practice homeopathic medicine.

(k) Require the person to fulfill certain training or educational requirements.

[(l) Require the person to pay the costs of the investigation and hearing.]

3. The Board shall not administer a private reprimand.

4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

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

630A.555 1. Except as otherwise provided in [subsection 2,] this section, any records or information obtained during an investigation by the Board and any record of the investigation are confidential . [until the investigation is completed. Upon completion of the investigation, the information and records are public records if:

(a) Disciplinary action is imposed by the Board as a result of the investigation; or

(b) The person regarding whom the investigation was made submits a written request to the Board asking that the information and records be made public records.]

3. The Board may provide any record or information described in subsection 1 to any other licensing board or agency, including a law enforcement agency, which is investigating a person who is licensed pursuant to this chapter.

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

631.350 1. Except as otherwise provided in NRS 631.271 and 631.347, the Board may:

(a) Refuse to issue a license to any person;

(b) Revoke or suspend the license or renewal certificate issued by it to any person;

(d) Place a person on probation for a specified period on any conditions the Board may order;

(e) Issue a public reprimand to a person;

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

(g) Require a person to participate in a program to correct alcohol or drug abuse or any other impairment;

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

(i) Require a person to perform community service without compensation;

(j) Require a person to take a physical or mental examination or an examination of his competence;

(k) Require a person to fulfill certain training or educational requirements;

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3439 (CHAPTER 508, SB 250)ê

(l) Require a person to reimburse a patient; or

(m) Any combination thereof,

upon proof satisfactory to the Board that the person has engaged in any of the activities listed in subsection 2.

2. The following activities may be punished as provided in subsection 1:

(a) Engaging in the illegal practice of dentistry or dental hygiene;

(b) Engaging in unprofessional conduct; or

3. The Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in banks, credit unions or savings and loan associations in this state.

4. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3 and the Board deposits the money collected from the imposition of fines with the State Treasurer for credit to the State General Fund, it may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

5. The Board shall not administer a private reprimand.

6. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

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

631.368 1. Except as otherwise provided in [subsection 2,] this section, any records or information obtained during the course of an investigation by the Board and any record of the investigation are confidential . [until the investigation is completed. Upon completion of the investigation the information and records are public records, only if:

(a) Disciplinary action is imposed by the Board as a result of the investigation; or

(b) The person regarding whom the investigation was made submits a written request to the Board asking that the information and records be made public records.]

3. The Board may provide any record or information described in subsection 1 to any other licensing board or agency or any agency which is investigating a person licensed pursuant to this chapter, including a law enforcement agency.

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

632.325 1. If the Board determines that a licensee or holder of a certificate has committed any of the acts set forth in NRS 632.320, it may take any one or more of the following disciplinary actions:

(a) Place conditions, limitations or restrictions on his license or certificate.

(b) Impose and collect an administrative fine of not more than $5,000.

(c) [Require the licensee or holder of a certificate to pay all costs incurred by the Board relating to the discipline of the licensee or holder of a certificate.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3440 (CHAPTER 508, SB 250)ê

(d) Reprimand] Publicly reprimand the licensee or holder of a certificate.

[(e)] (d) Accept the voluntary surrender of a license or certificate in lieu of imposing any other disciplinary action set forth in this subsection.

2. If the Board determines that:

(a) A person whose license or certificate is suspended or voluntarily surrendered, or has been placed on an inactive list pursuant to NRS 632.341, has committed, during the period his license or certificate was valid, inactive or would have been valid if not for the suspension or surrender; or

(b) An applicant for the renewal or reinstatement of a license or certificate has committed, at any time after the most recent renewal of his license or certificate or the issuance of his original license or certificate if it has not been renewed,

any of the acts set forth in NRS 632.320, the Board may take any one or more of the disciplinary actions set forth in subsection 1.

3. The Board shall not privately reprimand a licensee or holder of a certificate.

4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

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

632.405 1. [Any] Except as otherwise provided in this section, any records or information obtained during the course of an investigation by the Board and any record of the investigation are confidential . [until the investigation is completed. Upon completion of the investigation the information and records are public records, only if:

(a) Disciplinary action is imposed by the Board as a result of the investigation; or

(b) The person regarding whom the investigation was made submits a written request to the Board asking that the information and records be made public records.]

3. This section does not prevent or prohibit the Board from communicating or cooperating with another licensing board or any agency that is investigating a licensee, including a law enforcement agency.

Sec. 66. Chapter 633 of NRS is hereby amended by adding thereto the provisions set forth as sections 67 to 73, inclusive, of this act.

Sec. 67. 1. In addition to the other requirements for licensure, an applicant for a license to practice osteopathic medicine shall submit to the Board information describing:

(a) Any claims made against the applicant for malpractice, whether or not a civil action was filed concerning the claim;

(b) Any complaints filed against the applicant with a licensing board of another state and any disciplinary action taken against the applicant by a licensing board of another state; and

(c) Any complaints filed against the applicant with a hospital, clinic or medical facility or any disciplinary action taken against the applicant by a hospital, clinic or medical facility.

2. The Board shall not issue a license to the applicant until it has received all the information required by this section.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3441 (CHAPTER 508, SB 250)ê

Sec. 68. In addition to the other requirements for licensure, an applicant shall cause to be submitted to the Board a certificate of completion of progressive postgraduate training from the residency program where the applicant received training.

Sec. 69. The expiration of a license by operation of law or by order or decision of the Board or a court, or the voluntary surrender of a license by a licensee, does not deprive the Board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.

Sec. 70. 1. An osteopathic physician shall report to the Board:

(a) Any action for malpractice against the osteopathic physician not later than 45 days after the osteopathic physician receives service of a summons and complaint for the action;

(b) Any claim for malpractice against the osteopathic physician that is submitted to arbitration or mediation not later than 45 days after the claim is submitted to arbitration or mediation;

(d) Any sanctions imposed against the osteopathic physician that are reportable to the National Practitioner Data Bank not later than 45 days after the sanctions are imposed.

2. If the Board finds that an osteopathic physician has violated any provision of this section, the Board may impose a fine of not more than $5,000 against the osteopathic physician for each violation, in addition to any other fines or penalties permitted by law.

3. All reports made by an osteopathic physician pursuant to this section are public records.

Sec. 71. If the Board receives a report pursuant to the provisions of NRS 633.526, 690B.045, 690B.050 or section 70 of this act indicating that a judgment has been rendered or an award has been made against an osteopathic physician regarding an action or claim for malpractice or that such an action or claim against the osteopathic physician has been resolved by settlement, the Board shall conduct an investigation to determine whether to impose disciplinary action against the osteopathic physician regarding the action or claim, unless the Board has already commenced or completed such an investigation regarding the action or claim before it receives the report.

Sec. 72. 1. If the Board receives a report pursuant to the provisions of NRS 633.526, 690B.045, 690B.050 or section 70 of this act indicating that a judgment has been rendered or an award has been made against an osteopathic physician regarding an action or claim for malpractice or that such an action or claim against the osteopathic physician has been resolved by settlement, the Board may order that the osteopathic physician undergo a mental or physical examination or an examination testing his competence to practice medicine by osteopathic physicians or other examinations designated by the Board to assist the Board or any investigative committee of the Board in determining the fitness of the osteopathic physician to practice medicine.

2. For the purposes of this section:

(a) Every osteopathic physician who applies for a license or who holds a license under this chapter shall be deemed to have given his consent to submit to a mental or physical examination or an examination testing his competence to practice medicine when ordered to do so in writing by the Board.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3442 (CHAPTER 508, SB 250)ê

submit to a mental or physical examination or an examination testing his competence to practice medicine when ordered to do so in writing by the Board.

(b) The testimony or reports of the examining osteopathic physician are not privileged communications.

Sec. 73. (Deleted by amendment.)

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

633.286 1. On or before February 15 of each odd-numbered year, the Board shall submit to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report compiling:

(a) Disciplinary action taken by the Board during the previous biennium against osteopathic physicians for malpractice or negligence; and

(b) Information reported to the Board during the previous biennium pursuant to NRS 633.526, subsections 2 and 3 of NRS 633.533 and NRS 690B.045 [.] and 690B.050 and section 70 of this act.

2. The report must include only aggregate information for statistical purposes and exclude any identifying information related to a particular person.

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

633.301 The Board shall keep a record of its proceedings relating to licensing and disciplinary actions. [The record shall] Except as otherwise provided in NRS 633.611, the record must be open to public inspection at all reasonable times and [shall also] contain the name, known place of business and residence, and the date and number of the license of every osteopathic physician licensed under this chapter.

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

633.511 The grounds for initiating disciplinary action pursuant to this chapter are:

1. Unprofessional conduct.

2. Conviction of:

(a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

(b) A felony;

(d) Any offense involving moral turpitude.

3. The suspension of the license to practice osteopathic medicine by any other jurisdiction.

4. Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.

5. Professional incompetence.

6. Failure to comply with the requirements of [NRS 633.526.] section 70 of this act.

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

633.526 1. The insurer of an osteopathic physician licensed under this chapter [and the osteopathic physician must] shall report to the Board [any action filed or claim] :

(a) Any action for malpractice against the osteopathic physician not later than 45 days after the osteopathic physician receives service of a summons and complaint for the action;

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3443 (CHAPTER 508, SB 250)ê

(b) Any claim for malpractice against the osteopathic physician that is submitted to arbitration or mediation [for malpractice or negligence against the osteopathic physician and the] not later than 45 days after the claim is submitted to arbitration or mediation; and

(a) The action was filed or the claim was submitted to arbitration or mediation; and

(b) The disposition of the action or claim.] described in paragraph (a) or (b) not later than 45 days after the settlement, award, judgment or other disposition.

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

633.611 [All proceedings subsequent to the filing of]

2. The complaint or other document filed by the Board [determines to proceed with] to initiate disciplinary action [. If] and all documents and information considered by the Board [dismisses the complaint, the proceedings remain confidential. If the Board proceeds with disciplinary action, confidentiality concerning the proceedings is no longer required.] when determining whether to impose discipline are public records.

3. The Board may disseminate all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation to any other licensing board, national association of registered boards, an agency of the Federal Government or of the State, the Attorney General or any law enforcement agency, regardless of whether the Board initiates disciplinary action as a result of the complaint or investigation.

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

633.651 1. The person charged in a formal complaint is entitled to a hearing before the Board, but the failure of the person charged to attend his hearing or his failure to defend himself must not delay or void the proceedings. The Board may, for good cause shown, continue any hearing from time to time.

2. If the Board finds the person guilty as charged in the formal complaint, it [may] shall by order [:] take one or more of the following actions:

(a) Place the person on probation for a specified period or until further order of the Board.

(b) Administer to the person a public reprimand.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3444 (CHAPTER 508, SB 250)ê

(d) Suspend the license of the person to practice osteopathic medicine for a specified period or until further order of the Board.

(e) Revoke the license of the person to practice osteopathic medicine.

The order of the Board may contain such other terms, provisions or conditions as the Board deems proper and which are not inconsistent with law.

3. The Board shall not administer a private reprimand.

4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

Sec. 79. Chapter 634 of NRS is hereby amended by adding thereto a new section to read as follows:

Sec. 79.3. NRS 634.018 is hereby amended to read as follows:

634.018 “Unprofessional conduct” means:

1. Obtaining a certificate upon fraudulent credentials or gross misrepresentation.

2. Procuring, or aiding or abetting in procuring, criminal abortion.

3. [Obtaining a fee on assurance] Assuring that a manifestly incurable disease can be permanently cured.

4. Advertising chiropractic business in which grossly improbable statements are made, advertising in any manner that will tend to deceive, defraud or mislead the public or preparing, causing to be prepared, using or participating in the use of any form of public communication that contains professionally self-laudatory statements calculated to attract lay patients. As used in this subsection, “public communication” includes, but is not limited to, communications by means of television, radio, newspapers, books and periodicals, motion picture, handbills or other printed matter. [Nothing contained in this subsection prohibits the direct mailing of informational documents to former or current patients.]

5. Willful disobedience of the law, or of the regulations of the State Board of Health or of the Chiropractic Physicians’ Board of Nevada.

6. Conviction of any offense involving moral turpitude, or the conviction of a felony. The record of the conviction is conclusive evidence of unprofessional conduct.

7. Administering, dispensing or prescribing any controlled substance.

8. Conviction or violation of any federal or state law regulating the possession, distribution or use of any controlled substance. The record of conviction is conclusive evidence of unprofessional conduct.

9. Habitual intemperance or excessive use of alcohol or alcoholic beverages or any controlled substance.

10. Conduct unbecoming a person licensed to practice chiropractic or detrimental to the best interests of the public.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3445 (CHAPTER 508, SB 250)ê

11. Violating, or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this chapter or the regulations adopted by the Board, or any other statute or regulation pertaining to the practice of chiropractic.

12. Employing, directly or indirectly, any suspended or unlicensed practitioner in the practice of any system or mode of treating the sick or afflicted, or the aiding or abetting of any unlicensed person to practice chiropractic under this chapter.

13. Repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.

14. Solicitation by the licensee or his designated agent of any person who, at the time of the solicitation, is vulnerable to undue influence, including, without limitation, any person known by the licensee to have recently been [:

(a) Involved] involved in a motor vehicle accident [;

(b) Involved] , involved in a work-related accident [; or

(a) “Designated agent” means a person who renders service to a licensee on a contract basis and is not an employee of the licensee.

(b) “Solicitation” means the attempt to acquire a new patient through information obtained from a law enforcement agency, medical facility or the report of any other party, which information indicates that the potential new patient may be vulnerable to undue influence, as described in this subsection.

15. Employing, directly or indirectly, any person as a chiropractor’s assistant unless the person has been issued a certificate by the Board pursuant to NRS 634.123, or has applied for such a certificate and is awaiting the determination of the Board concerning the application.

16. Aiding, abetting, commanding, counseling, encouraging, inducing or soliciting an insurer or other third-party payor to reduce or deny payment or reimbursement for the care or treatment of a patient, unless such action is supported by:

(a) The medical records of the patient; and

(b) An examination of the patient by the chiropractic physician taking such action.

Sec. 79.5. NRS 634.090 is hereby amended to read as follows:

634.090 1. An applicant must, in addition to the requirements of NRS 634.070 and 634.080, furnish satisfactory evidence to the Board:

(a) That he is of good moral character;

(b) [Not] Except as otherwise provided in subsection 2, not less than 60 days before the date of the examination, that he has a high school education and is a graduate from a college of chiropractic which is accredited by the Council on Chiropractic Education or which has a reciprocal agreement with the Council on Chiropractic Education [,] or any governmental accrediting agency, whose minimum course of study leading to the degree of doctor of chiropractic consists of not less than 4,000 hours of credit which includes instruction in each of the following subjects:

(1) Anatomy;

(2) Bacteriology;

(3) Chiropractic theory and practice;

(4) Diagnosis and chiropractic analysis;

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3446 (CHAPTER 508, SB 250)ê

(5) Elementary chemistry and toxicology;

(6) Histology;

(7) Hygiene and sanitation;

(8) Obstetrics and gynecology;

(9) Pathology;

(10) Physiology; and

(11) Physiotherapy; and

(1) Holds certificates which indicate that he has passed parts I, II [and III,] , III and IV, and the portion relating to physiotherapy, of the examination administered by the National Board of Chiropractic Examiners; or

(2) Has actively practiced chiropractic in another state for not fewer than 7 of the immediately preceding 10 years without having any adverse disciplinary action taken against him.

2. The Board may, for good cause shown, waive the requirement for a particular applicant that the college of chiropractic from which the applicant graduated must be accredited by the Council on Chiropractic Education or have a reciprocal agreement with the Council on Chiropractic Education or a governmental accrediting agency.

3. Except as otherwise provided in subsection [3,] 4, every applicant is required to submit evidence of his successful completion of not less than 60 credit hours at an accredited college or university.

[3.] 4. Any applicant who has been licensed to practice in another state, and has been in practice for not less than 5 years, is not required to comply with the provisions of subsection [2.] 3.

Sec. 79.7. NRS 634.130 is hereby amended to read as follows:

634.130 1. Licenses and certificates must be renewed annually. Each person who is licensed pursuant to the provisions of this chapter must, upon the payment of the required renewal fee and the submission of the statement required pursuant to NRS 634.095, be granted a renewal certificate which authorizes him to continue to practice for 1 year.

2. The renewal fee must be paid and the statement must be submitted to the Board on or before January 1 of the year to which it applies.

3. Except as otherwise provided in subsection 4, a licensee in active practice within this state must submit satisfactory proof to the Board that he has attended at least 12 hours of continuing education which is approved or endorsed by the Board . [, with the exception of a licensee who has reached the age of 70 years. Two hours of the continuing education must be obtained in a topic specified by the Board.] The educational requirement of this section may be waived by the Board if the licensee files with the Board a statement of a chiropractic physician, osteopathic physician or doctor of medicine certifying that the licensee is suffering from a serious or disabling illness or physical disability which prevented him from completing the requirements for continuing education during the 12 months immediately preceding the renewal date of his license.

4. A licensee is not required to comply with the requirements of subsection 3 until the calendar year after the year the Board issues to him an initial license to practice as a chiropractor in this state.

5. If a licensee fails to:

(a) Pay his renewal fee by January 1;

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3447 (CHAPTER 508, SB 250)ê

(b) Submit the statement required pursuant to NRS 634.095 by January 1;

(d) Notify the Board of a change in the location of his office pursuant to NRS 634.129,

his license is automatically suspended and may be reinstated only upon the payment of the required fee for reinstatement in addition to the renewal fee.

6. If a holder of a certificate as a chiropractor’s assistant fails to:

(a) Pay his renewal fee by January 1;

(b) Submit the statement required pursuant to NRS 634.095 by January 1; or

his certificate is automatically suspended and may be reinstated only upon the payment of the required fee for reinstatement in addition to the renewal fee.

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

634.190 1. The person charged is entitled to a hearing before the Board, but the failure of the person charged to attend his hearing or his failure to defend himself does not delay or void the proceedings. The Board may, for good cause shown, continue any hearing from time to time.

2. If the Board finds the person guilty as charged in the complaint, it may by order:

(a) Place the person on probation for a specified period or until further order of the Board.

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

(d) Suspend the license of the person to practice chiropractic for a specified period or until further order of the Board.

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

(f) Impose a fine of not more than $10,000, which must be deposited with the State Treasurer for credit to the State General Fund.

[(g) Require the person to pay all costs incurred by the Board relating to the discipline of the person.]

The order of the Board may contain such other terms, provisions or conditions as the Board deems proper and which are not inconsistent with law.

3. If the Board finds that a licensee has violated the provisions of NRS 439B.425, the Board shall suspend his license for a specified period or until further order of the Board.

4. The Board shall not administer a private reprimand.

5. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

Sec. 80.5. NRS 634.208 is hereby amended to read as follows:

634.208 1. In addition to any other remedy provided by law, the Board, through its President, Secretary or its attorney, or the Attorney General, may bring an action in any court of competent jurisdiction to enjoin any person who does not hold a license issued by the Board from practicing chiropractic or representing himself to be a chiropractor. As used in this subsection, “practicing chiropractic” includes the conducting of independent examinations and the offering of opinions regarding the treatment or care, or both, with respect to patients who are residents of this state.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3448 (CHAPTER 508, SB 250)ê

treatment or care, or both, with respect to patients who are residents of this state.

2. The court in a proper case may issue an injunction for such purposes without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure. The issuance of such an injunction does not relieve the person from criminal prosecution for a violation of NRS 634.227.

Sec. 81. NRS 634.212 is hereby amended to read as follows:

634.212 1. The Board shall keep a record of its proceedings relating to licensing and disciplinary actions. [These] Except as otherwise provided in section 79 of this act, the records must be open to public inspection at all reasonable times and must contain the name, known place of business and residence, and the date and number of the license of every chiropractor licensed under this chapter. The Board may keep such other records as it deems desirable.

2. Except as otherwise provided in this subsection, all information pertaining to the personal background, medical history or financial affairs of an applicant or licensee which the Board requires to be furnished to it under this chapter, or which it otherwise obtains, is confidential and may be disclosed in whole or in part only as necessary in the course of administering this chapter or upon the order of a court of competent jurisdiction. The Board may, under procedures established by regulation, permit the disclosure of this information to any agent of the Federal Government, of another state or of any political subdivision of this state who is authorized to receive it.

3. Notice of the disclosure and the contents of the information disclosed pursuant to subsection 2 must be given to the applicant or licensee who is the subject of that information.

Sec. 82. Chapter 634A of NRS is hereby amended by adding thereto a new section to read as follows:

3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

Sec. 83. NRS 634A.250 is hereby amended to read as follows:

634A.250 [1.] In addition to any other penalties prescribed by law, the Board may, after notice and hearing, impose upon any person who violates any provision of this chapter or the regulations adopted pursuant thereto an administrative fine of not more than $2,500.

[2. If discipline is imposed pursuant to this chapter, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the Board.]

Sec. 84. Chapter 635 of NRS is hereby amended by adding thereto a new section to read as follows:

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3449 (CHAPTER 508, SB 250)ê

investigation conducted to determine whether to initiate disciplinary action are confidential.

3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

Sec. 85. NRS 635.130 is hereby amended to read as follows:

635.130 1. The Board, after notice and hearing, and upon any cause enumerated in subsection 2, may take one or more of the following disciplinary actions:

(a) Deny an application for a license or refuse to renew a license.

(b) Suspend or revoke a license.

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

[(e) Require the licensee to pay all costs incurred by the Board relating to the discipline of the licensee.]

2. The Board may take disciplinary action against a licensee for any of the following causes:

(a) The making of a false statement in any affidavit required of the applicant for application, examination or licensure pursuant to the provisions of this chapter.

(b) Lending the use of the holder’s name to an unlicensed person.

(c) If the holder is a podiatric physician, his permitting an unlicensed person in his employ to practice as a podiatry hygienist.

(d) Habitual indulgence in the use of alcohol or any controlled substance which impairs the intellect and judgment to such an extent as in the opinion of the Board incapacitates the holder in the performance of his professional duties.

(e) Conviction of a crime involving moral turpitude.

(f) Conviction of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

(g) Conduct which in the opinion of the Board disqualifies him to practice with safety to the public.

(h) The commission of fraud by or on behalf of the licensee regarding his license or practice.

(i) Gross incompetency.

(j) Affliction of the licensee with any mental or physical disorder which seriously impairs his competence as a podiatric physician or podiatry hygienist.

(k) False representation by or on behalf of the licensee regarding his practice.

(l) Unethical or unprofessional conduct.

(m) Willful or repeated violations of this chapter or regulations adopted by the Board.

(n) Willful violation of the regulations adopted by the State Board of Pharmacy.

Sec. 86. NRS 635.180 is hereby amended to read as follows:

635.180 Except as otherwise provided in NRS 635.167, every person who practices podiatry or as a podiatry hygienist without having complied with the provisions of this chapter must be fined not more than $10,000 for each offense .

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3450 (CHAPTER 508, SB 250)ê

each offense . [and may be required to pay all costs incurred by the Board relating to the discipline of the person.]

Sec. 87. Chapter 636 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in this section, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.

Sec. 88. NRS 636.105 is hereby amended to read as follows:

636.105 1. The Executive Director shall make and keep:

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

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

(d) A register of all licensees.

(e) An inventory of all property of the Board and all property of the State in the Board’s possession.

2. [All] Except as otherwise provided in section 87 of this act, records of the Board are subject to public inspection.

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

Sec. 89. NRS 636.325 is hereby amended to read as follows:

636.325 1. Upon conclusion of the hearing, or waiver thereof by the licensee against whom the charge is filed, the Board shall make and announce its decision. If the Board determines that the allegations included in the charge are true, it may [, in the exercise of reasonable discretion,] take any one or more of the following actions:

(a) [Reprimand] Publicly reprimand the licensee;

(b) Place the licensee on probation for a specified or unspecified period;

(d) Revoke the licensee’s license; or

(e) Impose an administrative fine pursuant to the provisions of NRS 636.420 . [and order the licensee to pay any costs or fees incurred by the Board in connection with the hearing.]

The Board may, in connection with a reprimand, probation or suspension, impose such other terms or conditions as it deems necessary.

2. If the Board determines that the allegations included in the charge are false or do not warrant disciplinary action, it shall dismiss the charge.

3. The Board shall not privately reprimand a licensee.

4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

Sec. 90. Chapter 637 of NRS is hereby amended by adding thereto a new section to read as follows:

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3451 (CHAPTER 508, SB 250)ê

Sec. 91. NRS 637.085 is hereby amended to read as follows:

637.085 1. Except as otherwise provided in subsection 2, and section 90 of this act, all applications for licensure, any charges filed by the Board, financial records of the Board, formal hearings on any charges heard by the Board or a panel selected by the Board, records of the hearings and any order or decision of the Board or panel must be open to the public.

2. [The] Except as otherwise provided in section 90 of this act, the following may be kept confidential:

(a) Any statement, evidence, credential or other proof submitted in support of or to verify the contents of an application.

(b) [All investigations and records of investigations.

(c)] Any report concerning the fitness of any person to receive or hold a license to practice ophthalmic dispensing.

[(d)] (c) Any communication between:

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

(2) The Board or its staff, investigators, experts, committees, panels, hearing officers, advisory members or consultants and counsel for the Board.

[(e)] (d) Any other information or records in the possession of the Board.

3. This section does not prohibit the Board from communicating or cooperating with any other licensing board or agency or any agency which is investigating a licensee, including a law enforcement agency.

Sec. 92. NRS 637.150 is hereby amended to read as follows:

637.150 1. Upon proof to the satisfaction of the Board that an applicant or holder of a license:

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

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

[3.] (c) Has been convicted of a crime involving moral turpitude;

[4.] (d) Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;

[5.] (e) Has advertised in any manner which would tend to deceive, defraud or mislead the public;

[6.] (f) Has presented to the Board any diploma, license or certificate that has been signed or issued unlawfully or under fraudulent representations, or obtains or has obtained a license to practice in the State through fraud of any kind;

[7.] (g) Has been convicted of a violation of any federal or state law relating to a controlled substance;

[8.] (h) Has violated any regulation of the Board;

[9.] (i) Has violated any provision of this chapter;

[10.] (j) Is incompetent;

[11.] (k) Is guilty of unethical or unprofessional conduct as determined by the Board;

[12.] (l) Is guilty of repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner; or

[13.] (m) Is guilty of a fraudulent or deceptive practice as determined by the Board,

the Board may, in the case of an applicant, refuse to grant him a license, or may, in the case of a holder of a license, place him on probation, reprimand him [privately or] publicly, require him to pay an administrative fine of not more than $10,000, suspend or revoke his license, or take any combination of these disciplinary actions.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3452 (CHAPTER 508, SB 250)ê

him [privately or] publicly, require him to pay an administrative fine of not more than $10,000, suspend or revoke his license, or take any combination of these disciplinary actions.

2. The Board shall not privately reprimand a holder of a license.

3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

Sec. 93. Chapter 637A of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in this section, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.

Sec. 94. NRS 637A.290 is hereby amended to read as follows:

637A.290 1. The holder of any license issued by the Board whose default has been entered or who has been heard by the Board and found guilty of the violation alleged in the complaint may be disciplined by the Board by one or more of the following methods:

(a) Placing the licensee on probation for a period not to exceed 2 years;

(b) Suspending the right of the licensee to practice, or the right to use a license, for a period not to exceed 3 years;

(d) Public [or private] reprimand;

(e) Imposition of an administrative fine not to exceed $5,000 upon a finding by the Board of more than one violation;

(f) [Requiring the licensee to pay the costs incurred by the Board in investigating and disciplining the licensee;

(g)] Requiring the licensee to pay restitution to any person who has suffered an economic loss as a result of a violation of the provisions of this chapter or any regulation adopted by the Board pursuant thereto; or

[(h)] (g) Requiring the licensee to retake and pass the examination or otherwise demonstrate that he is qualified and competent to practice.

2. If a license is suspended, it must be surrendered to the Board and returned to the licensee upon termination of the period of suspension.

3. The Board shall not issue a private reprimand.

4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

Sec. 95. Chapter 637B of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in this section, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3453 (CHAPTER 508, SB 250)ê

Sec. 96. NRS 637B.280 is hereby amended to read as follows:

637B.280 1. If, after the hearing, the Board determines that the applicant or licensee has committed any act which constitutes grounds for disciplinary action, the Board may , in the case of the applicant , refuse to issue a license, and in all other cases:

[1.] (a) Refuse to renew a license;

[2.] (b) Revoke a license;

[3.] (c) Suspend a license for a definite time, not to exceed 1 year;

[4.] (d) Administer to the licensee a public [or private] reprimand; or

[5.] (e) Impose a civil penalty not to exceed $1,000.

2. The Board shall not administer a private reprimand.

3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

Sec. 97. Chapter 638 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in this section, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.

Sec. 98. NRS 638.087 is hereby amended to read as follows:

638.087 1. The Board shall keep a record of:

(a) All charges filed against a licensee;

(b) The proceedings of any formal hearing conducted by the Board or a hearing officer;

(d) All licenses issued by the Board including the name of the holder of the license, his business and residential addresses, the date the license was issued and the serial number of the license.

2. [The] Except as otherwise provided in section 97 of this act, the records of the Board listed in subsection 1 must be open to the public at reasonable times and places.

Sec. 99. NRS 638.100 is hereby amended to read as follows:

638.100 1. Any person who desires to secure a license to practice veterinary medicine, surgery, obstetrics or dentistry in the State of Nevada must make written application to the Executive Director of the Board.

2. The application must include the social security number of the applicant and any other information required by the Board and must be accompanied by satisfactory proof that the applicant:

(a) Is of good moral character;

(b) Except as otherwise provided in subsection 3, has received a diploma conferring the degree of doctor of veterinary medicine or its equivalent from a school of veterinary medicine within the United States or Canada or, if the applicant is a graduate of a school of veterinary medicine located outside the United States or Canada, that he has received an educational certificate issued after December 31, 1972, by the Educational [Committee on] Commission for Foreign Veterinary Graduates of the American Veterinary Medical Association;

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3454 (CHAPTER 508, SB 250)ê

(d) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

3. A veterinary student in his final year at a school accredited by the American Veterinary Medical Association may submit an application to the Board and take the state examination administered by the Board, but the Board may not issue him a license until he has complied with the requirements of subsection 2.

4. The application must be signed by the applicant, notarized and accompanied by a fee set by the Board, not to exceed $500.

5. The Board may refuse to issue a license upon satisfactory proof that the applicant has committed an act which would be a ground for disciplinary action if the applicant were a licensee.

[6. If an applicant brings a civil action against the Board for denial of a license and the decision of the Board is upheld, the Board may recover all administrative expenses and attorney’s fees and costs incurred by the Board in defending the action brought against it.]

Sec. 100. NRS 638.147 is hereby amended to read as follows:

638.147 1. If the Board determines that any applicant for a license or any person licensed pursuant to this chapter has committed any of the acts which are grounds for disciplinary action, the Board may:

[1.] (a) Refuse to issue a license.

[2.] (b) Refuse to renew a license.

[3.] (c) Revoke a license.

[4.] (d) Suspend a license for a definite period or until further order of the Board.

[5.] (e) Impose a fine in an amount not to exceed $10,000 for each act which constitutes a ground for disciplinary action.

[6.] (f) Place a licensee on probation subject to any reasonable conditions imposed by the Board, including requiring courses in continuing education or a periodic or continuous review of his practice.

[7.] (g) Administer a public [or private reprimand.

8.] reprimand.

(h) Limit the practice of the licensee to specified branches of veterinary medicine.

[9.] (i) Require the licensee to take a competency examination or a mental or physical examination.

[10. Require the licensee to pay all costs incurred by the Board in taking disciplinary action against the licensee.]

2. The Board shall not administer a private reprimand.

3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

Sec. 101. NRS 639.2485 is hereby amended to read as follows:

639.2485 1. [Any] Except as otherwise provided in this section, any records or information obtained during the course of an investigation by the Board and any record of the investigation are confidential . [until the investigation is completed. Upon completion of the investigation the information and records are public records, only if:

(a) Disciplinary action is imposed by the Board as a result of the investigation; or

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3455 (CHAPTER 508, SB 250)ê

(b) The person regarding whom the investigation was made submits a written request to the Board asking that the information and records be made public records.]

3. The Board may disclose to a practitioner and a law enforcement agency information concerning a person who procures or attempts to procure any dangerous drug or controlled substance in violation of NRS 453.391 or 454.311.

[3.] 4. If the Board receives a request or subpoena for records or information obtained during an investigation by the Board and the records or information is not made public pursuant to subsection [1,] 2, the Board shall notify the person regarding whom the investigation was made of the request or subpoena. If that person does not consent in writing to the release of the records or information, the Board may release the records or information only upon the order of a court of competent jurisdiction.

Sec. 102. NRS 639.255 is hereby amended to read as follows:

639.255 1. The holder of any certificate, license or permit issued by the Board, whose default has been entered or who has been heard by the Board and found guilty of the violations alleged in the accusation, may be disciplined by the Board by one or more of the following methods:

(a) Suspending judgment;

(b) Placing the certificate, license or permit holder on probation;

(c) Suspending the right of a certificate holder to practice, or the right to use any license or permit, for a period to be determined by the Board;

(d) Revoking the certificate, license or permit;

(e) Public reprimand; or

(f) Imposition of a fine for each count of the accusation, in accordance with the schedule of fines established pursuant to subsection 3 . [; or

(g) Requiring the certificate, license or permit holder to pay all costs and attorney’s fees incurred by the Board relating to the discipline of the person.]

2. Such action by the Board is final, except that the propriety of such action is subject to review upon questions of law by a court of competent jurisdiction.

3. The Board shall , by regulation , establish a schedule of fines that may be imposed pursuant to paragraph (f) of subsection 1. Each fine must be commensurate with the severity of the applicable violation, but must not exceed $10,000 for each violation.

4. The Board shall not issue a private reprimand.

5. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

Sec. 103. NRS 640.075 is hereby amended to read as follows:

640.075 1. [Any] Except as otherwise provided in this section, any records or information obtained during the course of an investigation by the Board and any record of the investigation are confidential . [until the investigation is completed. Upon completion of the investigation the information and records are public records, only if:

(a) Disciplinary action is imposed by the Board as a result of the investigation; or

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3456 (CHAPTER 508, SB 250)ê

(b) The person regarding whom the investigation was made submits a written request to the Board asking that the information and records be made public records.]

4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

Sec. 104. NRS 640.160 is hereby amended to read as follows:

640.160 1. The Board, after [due] notice and hearing, and upon any ground enumerated in subsection 2, may take one or more of the following actions:

(a) Refuse to issue a license or temporary license to any applicant.

(b) Refuse to renew the license or temporary license of any person.

(d) Place any person who has been issued a license or temporary license on probation.

(e) Impose an administrative fine which does not exceed $5,000 on any person who has been issued a license.

[(f) Require any person who has been issued a license to pay all costs incurred by the Board relating to the discipline of the person.]

2. The Board may take action pursuant to subsection 1 if an applicant or person who has been licensed pursuant to this chapter:

(a) Is habitually drunk or is addicted to the use of a controlled substance.

(b) Has been convicted of violating any state or federal law relating to controlled substances.

(d) Has been convicted of any crime involving moral turpitude.

(e) Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

(f) Is guilty, in the judgment of the Board, of gross negligence in his practice as a physical therapist which may be evidenced by claims of malpractice settled against a practitioner.

(g) Has obtained or attempted to obtain a license by fraud or material misrepresentation.

(h) Has been declared insane by a court of competent jurisdiction and has not thereafter been lawfully declared sane.

(i) Has entered into any contract or arrangement which provides for the payment of an unearned fee to any person following his referral of a patient.

(j) Has employed as a physical therapist any unlicensed physical therapist or physical therapist whose license has been suspended.

(k) Has had his license to practice physical therapy suspended, revoked or in any way limited by another jurisdiction.

(l) Is determined to be professionally incompetent by the Board.

(m) Has violated any provision of this chapter or the Board’s regulations.

Sec. 105. NRS 640A.200 is hereby amended to read as follows:

640A.200 1. The Board may, after notice and hearing, suspend, revoke or refuse to issue or renew a license to practice as an occupational therapist or occupational therapy assistant, or may impose conditions upon the use of that license, if the Board determines that the holder of or applicant for the license is guilty of unprofessional conduct which has endangered or is likely to endanger the public health, safety or welfare.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3457 (CHAPTER 508, SB 250)ê

therapist or occupational therapy assistant, or may impose conditions upon the use of that license, if the Board determines that the holder of or applicant for the license is guilty of unprofessional conduct which has endangered or is likely to endanger the public health, safety or welfare. The Board may reinstate a revoked license upon application by the person to whom the license was issued not less than 1 year after the license is revoked.

2. If the Board receives a report pursuant to subsection 5 of NRS 228.420, a hearing must be held to consider the report within 30 days after receiving the report.

3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

4. As used in this section, “unprofessional conduct” includes:

(a) The obtaining of a license by fraud or through the misrepresentation or concealment of a material fact;

(b) The conviction of any crime, except a misdemeanor which does not involve moral turpitude; and

Sec. 106. NRS 640A.220 is hereby amended to read as follows:

640A.220 [Any]

1. Except as otherwise provided in this section, any records or information obtained during the course of an investigation by the Board are confidential . [until the investigation is completed. Upon completion of the investigation, the records and information are public records if:

1. Disciplinary action is imposed by the Board as a result of the investigation; or

2. The person under investigation submits a written request to the Board asking that the information and records be made]

Sec. 107. NRS 641.090 is hereby amended to read as follows:

641.090 1. The Secretary-Treasurer shall make and keep on behalf of the Board:

(a) A record of all its meetings and proceedings.

(b) A record of all violations and prosecutions under the provisions of this chapter.

(d) A register of all licenses.

(e) A register of all holders of licenses.

(f) An inventory of the property of the Board and of the State in the Board’s possession.

2. These records must be kept in the office of the Board and , except as otherwise provided in NRS 641.255, are subject to public inspection during normal working hours upon reasonable notice.

3. The Board may keep the personnel records of applicants confidential.

Sec. 108. NRS 641.240 is hereby amended to read as follows:

641.240 1. If the Board, a panel of its members or a hearing officer appointed by the Board finds the person guilty as charged in the complaint, it may:

[1.] (a) Administer a public [or private reprimand.

2.] reprimand.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3458 (CHAPTER 508, SB 250)ê

(b) Limit his practice.

[3.] (c) Suspend his license for a period of not more than 1 year.

[4.] (d) Revoke his license.

[5.] (e) Impose a fine of not more than $5,000.

[6.] (f) Revoke or suspend his license and impose a monetary penalty.

[7.] (g) Suspend the enforcement of any penalty by placing him on probation. The Board may revoke the probation if the person does not follow any conditions imposed.

[8.] (h) Require the person to submit to the supervision of or counseling or treatment by a person designated by the Board. The person named in the complaint is responsible for any expense incurred.

[9.] (i) Impose and modify any conditions of probation for the protection of the public or the rehabilitation of the probationer.

[10.] (j) Require the person to pay for the costs of remediation or restitution.

[11. Assess the costs of the disciplinary proceedings, including any investigations.]

2. The Board shall not administer a private reprimand.

3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

Sec. 109. NRS 641.255 is hereby amended to read as follows:

641.255 [All]

1. Except as otherwise provided in subsection 2, all complaints filed with the Board , all information relating to a complaint and all information relating to an investigation conducted to determine whether to initiate disciplinary action are confidential, except to the extent necessary for the conduct of an investigation . [, until the Board determines whether to proceed with any action authorized under this chapter. If the Board proceeds with any action, confidentiality is no longer required.]

Sec. 110. NRS 641A.191 is hereby amended to read as follows:

641A.191 1. [Any] Except as otherwise provided in this section, any records or information obtained during the course of an investigation by the Board and any record of the investigation are confidential . [until the investigation is completed. Except as otherwise provided in NRS 641A.315, upon completion of the investigation the information and records are public records, only if:

(a) Disciplinary action is imposed by the Board as a result of the investigation; or

(b) The person regarding whom the investigation was made submits a written request to the Board asking that the information and records be made public records.]

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3459 (CHAPTER 508, SB 250)ê

Sec. 111. NRS 641A.320 is hereby amended to read as follows:

641A.320 1. The Board may discipline the holder of any license whose default has been entered or who has been heard by the Board and found guilty, by any of the following methods:

[1.] (a) Placing him upon probation for a period to be determined by the Board.

[2.] (b) Suspending his license for not more than 1 year.

[3.] (c) Revoking his license.

[4.] (d) Administering a [private or] public reprimand.

[5.] (e) Limiting his practice.

[6.] (f) Imposing an administrative fine of not more than $5,000.

[7.] (g) Requiring him to complete successfully another examination.

[8. Requiring him to pay the costs incurred by the Board to conduct the hearing.]

2. The Board shall not administer a private reprimand.

3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

Sec. 112. NRS 641B.430 is hereby amended to read as follows:

641B.430 1. The defendant licensee must be accorded the right to appear at the hearing of a complaint conducted by the Board in person and through the representation of legal counsel. He must be given adequate opportunity to confront the witnesses against him, testify and introduce the testimony of witnesses in his behalf and submit arguments and briefs in person or through his counsel. The Board shall make and announce its decision as soon as practicable.

2. The failure of the person charged to attend his hearing or defend himself must not delay and does not void the proceedings. The Board may, for good cause shown, continue any hearing from time to time.

3. If the Board finds the person guilty as charged in the complaint, it may by order:

(a) Place the person on probation for a specified period or until further order of the Board.

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

(d) Suspend the license of the person to practice social work for a specified period or until further order of the Board.

(e) Revoke the license of the person to practice social work.

(f) Impose a fine of not more than $5,000, which must be deposited with the State Treasurer for credit to the State General Fund.

[(g) Require the person to pay all costs incurred by the Board relating to the discipline of the person.]

The order of the Board may contain other terms, provisions or conditions as the Board deems proper and which are not inconsistent with law.

4. The Board shall not administer a private reprimand.

5. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

Sec. 113. NRS 641C.720 is hereby amended to read as follows:

641C.720 1. The Board or any of its members who become aware of any ground for initiating disciplinary action against a person engaging in the practice of counseling alcohol and drug abusers in this state shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the Board.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3460 (CHAPTER 508, SB 250)ê

relevant facts with the Board. The complaint must specifically charge one or more of the grounds for initiating disciplinary action.

2. As soon as practicable after the filing of the complaint, the Board shall set a date for a hearing thereon. The date must not be earlier than 30 days after the complaint is filed, except that the date may be changed upon agreement of the parties. The Board shall immediately notify the licensed or certified counselor or certified intern of the complaint and the date and place set for the hearing. A copy of the complaint must be attached to the notice.

3. The failure of the licensed or certified counselor or certified intern to appear at the hearing does not delay or void the proceeding.

4. The Board may, for good cause, continue a hearing from time to time.

5. If, after notice and a hearing, the Board determines that the licensed or certified counselor or certified intern has violated a provision of this chapter or any regulation adopted pursuant to this chapter, it may:

(a) Administer a public [or private] reprimand;

(b) Suspend his license or certificate and impose conditions for the removal of the suspension;

(c) Revoke his license or certificate and prescribe the requirements for the reinstatement of the license or certificate;

(d) If he is a licensed or certified counselor, require him to be supervised by another person while he engages in the practice of counseling alcohol and drug abusers;

(e) Require him to participate in treatment or counseling and pay the expenses of that treatment or counseling;

(f) Require him to pay restitution to any person adversely affected by his acts or omissions;

(g) Impose a fine of not more than $5,000; or

(h) [Require him to pay the costs of the Board for the investigation and hearing; or

(i)] Take any combination of the actions authorized by paragraphs (a) to [(h),] (g), inclusive.

6. If his license or certificate is revoked or suspended pursuant to subsection 5, the licensed or certified counselor or certified intern may apply to the Board for a rehearing within 10 days after the license or certificate is revoked or suspended. The licensed or certified counselor or certified intern may apply to the Board for reinstatement of his revoked license or certificate not earlier than 1 year after the license or certificate is revoked. The Board may accept or reject the application and may require the successful completion of an examination as a condition of reinstatement of the license or certificate.

7. The Board shall not administer a private reprimand.

8. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

Sec. 114. NRS 641C.760 is hereby amended to read as follows:

641C.760 1. [Any] Except as otherwise provided in this section, any records or information obtained during the course of an investigation by the Board and any record of the investigation are confidential . [until the investigation is completed. Upon completion of the investigation, the information and records are public records if:

(a) Disciplinary action is imposed by the Board as a result of the investigation; or

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3461 (CHAPTER 508, SB 250)ê

(b) The person regarding whom the investigation was made submits a written request to the Board asking that the information and records be made public records.]

3. If the Board receives a request or subpoena for records or information obtained during an investigation by the Board and the records or information is not made public pursuant to subsection [1,] 2, the Board shall notify the person regarding whom the investigation was made of the request or subpoena. If that person does not consent in writing to the release of the records or information, the Board may release the records or information only upon the order of a court of competent jurisdiction.

Sec. 115. Chapter 642 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in this section, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.

Sec. 116. NRS 642.135 is hereby amended to read as follows:

642.135 1. If the Board determines that a person who is licensed to practice the profession of embalming pursuant to this chapter has committed any of the acts set forth in NRS 642.130, the Board may:

[1.] (a) Refuse to renew his license;

[2.] (b) Revoke his license;

[3.] (c) Suspend his license for a definite period or until further order of the Board;

[4.] (d) Impose a fine of not more than $5,000 for each act which constitutes a ground for disciplinary action;

[5.] (e) Place him on probation for a definite period subject to any reasonable conditions imposed by the Board;

[6.] (f) Administer a public [or private reprimand;

7. Require him to pay the costs incurred by the Board in taking disciplinary action against him; or

8.] reprimand; or

(g) Impose any combination of disciplinary actions set forth in this section.

2. The Board shall not administer a private reprimand.

3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

Sec. 117. NRS 642.473 is hereby amended to read as follows:

642.473 1. If the Board determines that a person who holds a funeral director’s license, a permit to operate a funeral establishment or a license to conduct direct cremations or immediate burials has committed any of the acts set forth in NRS 642.470, the Board may:

(a) Refuse to renew his license or permit;

(b) Revoke his license or permit;

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3462 (CHAPTER 508, SB 250)ê

(d) Impose a fine of not more than $5,000 for each act that constitutes a ground for disciplinary action;

(e) Place him on probation for a definite period subject to any reasonable conditions imposed by the Board;

(f) Administer a public [or private] reprimand; or

(g) [Require him to pay the costs incurred by the Board in taking disciplinary action against him; or

(h)] Impose any combination of disciplinary actions set forth in paragraphs (a) to [(g),] (f), inclusive.

2. Before the Board may refuse to renew, or suspend or revoke a license or permit for any of the acts set forth in NRS 642.470, the Board shall give at least 10 days’ notice in writing to the licensee or holder of the permit. The notice must contain a brief statement of the reasons for the proposed action of the Board and designate a time and place for a hearing before any final action is taken.

3. The Board shall not administer a private reprimand.

4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

Sec. 118. Chapter 643 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in this section, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.

Sec. 119. NRS 643.185 is hereby amended to read as follows:

643.185 1. The following are grounds for disciplinary action by the Board:

(a) Violation by any person licensed pursuant to the provisions of this chapter of any provision of this chapter or the regulations adopted by the Board.

(b) Conviction of a felony.

(d) Continued practice by a person knowingly having an infectious or contagious disease.

(e) Advertising, practicing or attempting to practice under another’s name or trade name.

(f) Drunkenness or addiction to a controlled substance.

2. If the Board determines that a violation of this section has occurred, it may:

(a) Refuse to issue or renew a license;

(b) Revoke or suspend a license; and

(d) Require the person to pay all costs incurred by the Board relating to the discipline of the person.]

3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3463 (CHAPTER 508, SB 250)ê

Sec. 120. Chapter 644 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in this section, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.

Sec. 121. NRS 644.080 is hereby amended to read as follows:

644.080 The Board:

1. Shall prescribe the duties of its officers, examiners and employees, and fix the compensation of those employees.

2. May establish offices in as many localities in the State as it finds necessary to carry out the provisions of this chapter. All records and files of the Board must be kept at the main office of the Board and , except as otherwise provided in section 120 of this act, be open to public inspection at all reasonable hours.

3. May adopt a seal.

4. May issue subpoenas to compel the attendance of witnesses and the production of books and papers.

Sec. 122. NRS 644.430 is hereby amended to read as follows:

644.430 1. The following are grounds for disciplinary action by the Board:

(a) Failure of an owner of a cosmetological establishment, a licensed aesthetician, cosmetologist, hair designer, electrologist, instructor, manicurist, demonstrator of cosmetics or school of cosmetology, or a cosmetologist’s apprentice to comply with the requirements of this chapter or the applicable regulations adopted by the Board.

(b) Obtaining practice in cosmetology or any branch thereof, for money or any thing of value, by fraudulent misrepresentation.

(d) Continued practice by a person knowingly having an infectious or contagious disease.

(e) Drunkenness or the use or possession, or both, of a controlled substance or dangerous drug without a prescription, while engaged in the practice of cosmetology.

(f ) Advertisement by means of knowingly false or deceptive statements.

(g) Permitting a license to be used where the holder thereof is not personally, actively and continuously engaged in business.

(h) Failure to display the license as provided in NRS 644.290, 644.360 and 644.410.

(i) Entering, by a school of cosmetology, into an unconscionable contract with a student of cosmetology.

(j ) Continued practice of cosmetology or operation of a cosmetological establishment or school of cosmetology after the license therefor has expired.

(k) Any other unfair or unjust practice, method or dealing which, in the judgment of the Board, may justify such action.

2. If the Board determines that a violation of this section has occurred, it may:

(a) Refuse to issue or renew a license;

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3464 (CHAPTER 508, SB 250)ê

(b) Revoke or suspend a license;

(d) Impose a fine not to exceed $1,000.

3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

Sec. 123. Chapter 645 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in this section, a complaint filed with the Commission alleging a violation of this chapter, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.

2. The complaint or other document filed by the Commission to initiate disciplinary action and all documents and information considered by the Commission when determining whether to impose discipline are public records.

Sec. 124. NRS 645.180 is hereby amended to read as follows:

645.180 1. The Division shall adopt a seal by which it shall authenticate its proceedings.

2. [Records] Except as otherwise provided in section 123 of this act, records kept in the office of the Division under authority of this chapter are open to public inspection under regulations adopted by the [Real Estate] Division, except that the Division may refuse to make public, unless ordered to do so by a court:

(a) Real estate brokers’ and real estate salesmen’s examinations; and

(b) [Files compiled by the Division while investigating possible violations of this chapter or chapter 119 of NRS; and

(c)] The criminal and financial records of licensees, applicants for licenses and owner-developers.

3. Copies of all records and papers in the office of the Division, certified and authenticated by the seal of the Division, must be received in evidence in all courts equally and with like effect as the originals.

Sec. 125. NRS 645.630 is hereby amended to read as follows:

645.630 1. The Commission may require a licensee, property manager or owner-developer to pay an administrative fine of not more than $5,000 for each violation he commits or suspend, revoke, deny the renewal of or place conditions upon his license, permit or registration, or impose any combination of those actions, at any time if the licensee, property manager or owner-developer has, by false or fraudulent representation, obtained a license, permit or registration, or the licensee, property manager or owner-developer, whether or not acting as such, is found guilty of:

[1.] (a) Making any material misrepresentation.

[2.] (b) Making any false promises of a character likely to influence, persuade or induce.

[3.] (c) Accepting a commission or valuable consideration as a real estate broker-salesman or salesman for the performance of any of the acts specified in this chapter or chapter 119 or 119A of NRS from any person except the licensed real estate broker with whom he is associated or the owner-developer by whom he is employed.

[4.] (d) Representing or attempting to represent a real estate broker other than the broker with whom he is associated, without the express knowledge and consent of the broker with whom he is associated.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3465 (CHAPTER 508, SB 250)ê

[5.] (e) Failing to maintain, for review and audit by the Division, each brokerage agreement governed by the provisions of this chapter and entered into by the licensee.

[6.] (f) Failing, within a reasonable time, to account for or to remit any money which comes into his possession and which belongs to others.

[7.] (g) If he is required to maintain a trust account:

[(a)] (1) Failing to balance the trust account at least monthly; and

[(b)] (2) Failing to submit to the Division an annual accounting of the trust account as required in NRS 645.310.

[8.] (h) Commingling the money or other property of his clients with his own or converting the money of others to his own use.

[9.] (i) In the case of a broker-salesman or salesman, failing to place in the custody of his licensed broker or owner-developer, as soon as possible, any deposit or other money or consideration entrusted to him by any person dealing with him as the representative of his licensed broker.

[10.] (j) Accepting other than cash as earnest money unless that fact is communicated to the owner before his acceptance of the offer to purchase and that fact is shown in the receipt for the earnest money.

[11.] (k) Upon acceptance of an agreement, in the case of a broker, failing to deposit any check or cash received as earnest money before the end of the next banking day unless otherwise provided in the purchase agreement.

[12.] (l) Inducing any party to a brokerage agreement, sale or lease to break it in order to substitute a new brokerage agreement, agreement of sale or lease with the same or another party if the inducement to make the substitution is offered to secure personal gain to the licensee or owner-developer.

[If discipline is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the Board.]

2. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

Sec. 126. NRS 645.990 is hereby amended to read as follows:

645.990 1. A person who:

(a) Obtains or attempts to obtain a license pursuant to this chapter by means of intentional misrepresentation, deceit or fraud; or

(b) Sells or attempts to sell in this state any interest in real property by means of intentional misrepresentation, deceit or fraud,

is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

2. Any licensee, permittee or owner-developer who commits an act described in NRS 645.630, 645.633 or 645.635 shall be punished by a fine of not more than $5,000 for each offense.

3. A person who violates any other provision of this chapter, if a natural person, is guilty of a gross misdemeanor, and if a limited-liability company, partnership, association or corporation, shall be punished by a fine of not more than $2,500.

4. Any officer or agent of a corporation, or member or agent of a limited-liability company, partnership or association, who personally participates in or is an accessory to any violation of this chapter by the limited-liability company, partnership, association or corporation, is subject to the penalties prescribed in this section for natural persons.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3466 (CHAPTER 508, SB 250)ê

limited-liability company, partnership, association or corporation, is subject to the penalties prescribed in this section for natural persons.

5. The provisions of this section do not release a person from civil liability or criminal prosecution pursuant to the general laws of this state.

6. The Administrator may prefer a complaint for violation of NRS 645.230 before any court of competent jurisdiction and may take the necessary legal steps through the proper legal officers of this state to enforce the provisions thereof.

7. Any court of competent jurisdiction may try any violation of this chapter, and upon conviction, the court may revoke or suspend the license of the person so convicted, in addition to imposing the other penalties provided in this section.

[8. If discipline is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the Administrator.]

Sec. 127. Chapter 645A of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in this section, a complaint filed with the Commissioner, all documents and other information filed with the complaint and all documents and other information compiled as a result of the investigation conducted to determine whether to initiate disciplinary action are confidential.

2. The complaint or other document filed by the Commissioner to initiate disciplinary action and all documents and information considered by the Commissioner when determining whether to impose discipline are public records.

Sec. 128. NRS 645A.050 is hereby amended to read as follows:

645A.050 1. Subject to the administrative control of the Director of the Department of Business and Industry, the Commissioner shall exercise general supervision and control over escrow agents and agencies doing business in the State of Nevada.

2. In addition to the other duties imposed upon him by law, the Commissioner shall:

(a) Adopt such regulations as may be necessary for making this chapter effective.

(b) Conduct or cause to be conducted each year an examination of each escrow agency licensed pursuant to this chapter.

(c) Conduct such investigations as may be necessary to determine whether any person has violated any provision of this chapter.

(d) Conduct such examinations, investigations and hearings, in addition to those specifically provided for by law, as may be necessary and proper for the efficient administration of the laws of this state relating to escrow.

(e) Classify as confidential the financial statements of an escrow agency and those records and information obtained by the Division which:

(1) Are obtained from a governmental agency upon the express condition that they remain confidential.

(2) [Consist] Except as otherwise provided in section 127 of this act, consist of information compiled by the Division in the investigation of possible violations of this chapter.

This paragraph does not limit examination by the Legislative Auditor or any other person pursuant to a court order.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3467 (CHAPTER 508, SB 250)ê

3. An escrow agency may engage a certified public accountant to perform such an examination in lieu of the Division. In such a case, the examination must be equivalent to the type of examination made by the Division and the expense must be borne by the escrow agency being examined.

4. The Commissioner shall determine whether an examination performed by an accountant pursuant to subsection 3 is equivalent to an examination conducted by the Division. The Commissioner may examine any area of the operation of an escrow agency if the Commissioner determines that the examination of that area is not equivalent to an examination conducted by the Division.

Sec. 129. NRS 645A.090 is hereby amended to read as follows:

645A.090 1. The Commissioner may refuse to license any escrow agent or agency or may suspend or revoke any license or impose a fine of not more than $500 for each violation by entering an order to that effect, with his findings in respect thereto, if upon a hearing, it is determined that the applicant or licensee:

(a) In the case of an escrow agency, is insolvent;

(b) Has violated any provision of this chapter or any regulation adopted pursuant thereto or has aided and abetted another to do so;

(c) In the case of an escrow agency, is in such a financial condition that he cannot continue in business with safety to his customers;

(d) Has committed fraud in connection with any transaction governed by this chapter;

(e) Has intentionally or knowingly made any misrepresentation or false statement to, or concealed any essential or material fact from, any principal or designated agent of a principal in the course of the escrow business;

(f) Has intentionally or knowingly made or caused to be made to the Commissioner any false representation of a material fact or has suppressed or withheld from the Commissioner any information which the applicant or licensee possesses;

(g) Has failed without reasonable cause to furnish to the parties of an escrow their respective statements of the settlement within a reasonable time after the close of escrow;

(h) Has failed without reasonable cause to deliver, within a reasonable time after the close of escrow, to the respective parties of an escrow transaction any money, documents or other properties held in escrow in violation of the provisions of the escrow instructions;

(i) Has refused to permit an examination by the Commissioner of his books and affairs or has refused or failed, within a reasonable time, to furnish any information or make any report that may be required by the Commissioner pursuant to the provisions of this chapter;

(j) Has been convicted of a felony or any misdemeanor of which an essential element is fraud;

(k) In the case of an escrow agency, has failed to maintain complete and accurate records of all transactions within the last 6 years;

(l) Has commingled the money of others with his own or converted the money of others to his own use;

(m) Has failed, before the close of escrow, to obtain written escrow instructions concerning any essential or material fact or intentionally failed to follow the written instructions which have been agreed upon by the parties and accepted by the holder of the escrow;

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3468 (CHAPTER 508, SB 250)ê

(n) Has failed to disclose in writing that he is acting in the dual capacity of escrow agent or agency and undisclosed principal in any transaction; or

(o) In the case of an escrow agency, has:

(1) Failed to maintain adequate supervision of an escrow agent; or

(2) Instructed an escrow agent to commit an act which would be cause for the revocation of the escrow agent’s license and the escrow agent committed the act. An escrow agent is not subject to disciplinary action for committing such an act under instruction by the escrow agency.

2. It is sufficient cause for the imposition of a fine or the refusal, suspension or revocation of the license of a partnership, corporation or any other association that any member of the partnership or any officer or director of the corporation or association has been guilty of any act or omission which would be cause for such action had the applicant or licensee been a natural person.

3. The Commissioner may suspend any license for not more than 30 days, pending a hearing, if upon examination into the affairs of the licensee it is determined that any of the grounds enumerated in subsection 1 or 2 exist.

4. The Commissioner may refuse to issue a license to any person who, within 10 years before the date of applying for a current license, has had suspended or revoked a license issued pursuant to this chapter or a comparable license issued by any other state, district or territory of the United States or any foreign country.

5. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

Sec. 130. Chapter 645B of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in this section, a complaint filed with the Commissioner, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.

3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

Sec. 131. NRS 645B.070 is hereby amended to read as follows:

645B.070 1. In the conduct of any examination, periodic or special audit, investigation or hearing, the Commissioner may:

(a) Compel the attendance of any person by subpoena.

(b) Administer oaths.

(c) Examine any person under oath concerning the business and conduct of affairs of any person subject to the provisions of this chapter and in connection therewith require the production of any books, records or papers relevant to the inquiry.

2. Any person subpoenaed under the provisions of this section who willfully refuses or willfully neglects to appear at the time and place named in the subpoena or to produce books, records or papers required by the Commissioner, or who refuses to be sworn or answer as a witness, is guilty of a misdemeanor and shall be punished as provided in NRS 645B.950.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3469 (CHAPTER 508, SB 250)ê

3. [The] In addition to the authority to recover attorney’s fees and costs pursuant to any other statute, the Commissioner may assess against and collect from a person all costs, including, without limitation, reasonable attorney’s fees, that are attributable to any examination, periodic or special audit, investigation or hearing that is conducted to examine or investigate the conduct, activities or business of the person pursuant to this chapter.

Sec. 132. NRS 645B.090 is hereby amended to read as follows:

645B.090 1. Except as otherwise provided in this section or by specific statute, all papers, documents, reports and other written instruments filed with the Commissioner pursuant to this chapter are open to public inspection.

2. Except as otherwise provided in subsection 3, the Commissioner may withhold from public inspection or refuse to disclose to a person, for such time as the Commissioner considers necessary, any information that, in his judgment, would:

(a) Impede or otherwise interfere with an investigation that is currently pending against a mortgage broker;

(b) Have an undesirable effect on the welfare of the public or the welfare of any mortgage broker or mortgage agent; or

3. [The] Except as otherwise provided in section 130 of this act, the Commissioner shall disclose the following information concerning a mortgage broker to any person who requests it:

(a) The findings and results of any investigation which has been completed during the immediately preceding 5 years against the mortgage broker pursuant to the provisions of this chapter and which has resulted in a finding by the Commissioner that the mortgage broker committed a violation of a provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner; and

(b) The nature of any disciplinary action that has been taken during the immediately preceding 5 years against the mortgage broker pursuant to the provisions of this chapter.

Sec. 133. NRS 645B.610 is hereby amended to read as follows:

645B.610 1. If a person properly files a complaint with the Commissioner pursuant to NRS 645B.600, the Commissioner shall investigate each violation alleged in the complaint, unless the Commissioner has previously investigated the alleged violation.

2. Except as otherwise provided in subsection 2 of NRS 645B.090, if the Commissioner does not conduct an investigation of an alleged violation pursuant to subsection 1 because he previously has investigated the alleged violation, the Commissioner shall provide to the person who filed the complaint a written summary of the previous investigation and the nature of any disciplinary action that was taken as a result of the previous investigation.

3. If the Commissioner conducts an investigation of an alleged violation pursuant to subsection 1, the Commissioner shall determine from the investigation whether there is reasonable cause to believe that the person committed the alleged violation.

4. If, upon investigation, the Commissioner determines that there is not reasonable cause to believe that the person committed the alleged violation, the Commissioner shall provide the reason for his determination, in writing, to the person who filed the complaint and to the person alleged to have committed the violation.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3470 (CHAPTER 508, SB 250)ê

to the person who filed the complaint and to the person alleged to have committed the violation.

5. Except as otherwise provided in subsection 6, if, upon investigation, the Commissioner determines that there is reasonable cause to believe that the person committed the alleged violation, the Commissioner shall:

(a) Schedule a hearing concerning the alleged violation;

(b) Mail to the last known address of the person who filed the complaint written notice that must include, without limitation:

(1) The date, time and place of the hearing; and

(2) A statement of each alleged violation that will be considered at the hearing; and

(c) By personal service in accordance with the Nevada Rules of Civil Procedure and any applicable provision of NRS, serve written notice of the hearing to the person alleged to have committed the violation. The written notice that is served pursuant to this paragraph must include, without limitation:

(1) The date, time and place of the hearing;

(2) A copy of the complaint and a statement of each alleged violation that will be considered at the hearing; and

(3) A statement informing the person that, pursuant to NRS 645B.760, if he fails to appear, without reasonable cause, at the hearing:

(I) He is guilty of a misdemeanor; and

(II) The Commissioner is authorized to conduct the hearing in his absence, draw any conclusions that the Commissioner deems appropriate from his failure to appear and render a decision concerning each alleged violation.

6. [The Commissioner is not required to schedule or conduct a hearing concerning an alleged violation pursuant to subsection 5 if the Commissioner and the person alleged to have committed the violation enter] If the Commissioner enters into a written consent agreement settling or resolving the alleged violation , [. If such a written consent agreement is executed,] the Commissioner shall provide a copy of the written consent agreement to the person who filed the complaint.

7. The Commissioner may:

(a) Investigate and conduct a hearing concerning any alleged violation, whether or not a complaint has been filed.

(b) Hear and consider more than one alleged violation against a person at the same hearing.

Sec. 134. Chapter 645C of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in this section, a complaint filed with the Commission, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.

Sec. 135. NRS 645C.220 is hereby amended to read as follows:

645C.220 1. The Division shall maintain a record of:

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3471 (CHAPTER 508, SB 250)ê

(a) Persons whose applications for a certificate, license or registration card have been denied;

(b) Investigations conducted by it which result in the initiation of formal disciplinary proceedings;

(d) Rulings or decisions upon complaints filed with it.

2. Except as otherwise provided in this section, and section 134 of this act, records kept in the office of the Division pursuant to this chapter are open to the public for inspection pursuant to regulations adopted by the Commission. The Division may keep confidential, unless otherwise ordered by a court:

(a) Examinations for a certificate or license; and

(b) [Information obtained by the Division while investigating alleged violations of this chapter; and

(c)] The criminal and financial records of an appraiser or intern, or an applicant for a certificate, license or registration card.

Sec. 136. NRS 645C.460 is hereby amended to read as follows:

645C.460 1. Grounds for disciplinary action against a certified or licensed appraiser or registered intern include:

(a) Unprofessional conduct;

(b) Professional incompetence;

(d) The suspension or revocation of a registration card, certificate, license or permit to act as an appraiser in any other jurisdiction.

2. If grounds for disciplinary action against an appraiser or intern exist, the Commission may do one or more of the following:

(a) Revoke or suspend his certificate, license or registration card.

(b) Place conditions upon his certificate, license or registration card, or upon the reissuance of a certificate, license or registration card revoked pursuant to this section.

(d) Impose a fine of not more than $1,000 for each violation.

3. If a certificate, license or registration card is revoked by the Commission, another certificate, license or registration card must not be issued to the same appraiser or intern for at least 1 year after the date of the revocation, or at any time thereafter except in the sole discretion of the Administrator, and then only if the appraiser or intern satisfies all the requirements for an original certificate, license or registration card.

4. [If discipline is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the Commission.] An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

Sec. 137. Chapter 645D of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in this section, a complaint filed with the Division, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3472 (CHAPTER 508, SB 250)ê

2. The complaint or other document filed by the Division to initiate disciplinary action and all documents and information considered by the Division when determining whether to impose discipline are public records.

Sec. 138. NRS 645D.130 is hereby amended to read as follows:

645D.130 1. The Division shall maintain a record of:

(a) Persons from whom it receives applications for a certificate;

(b) Investigations conducted by it that result in the initiation of formal disciplinary proceedings;

(d) Rulings or decisions upon complaints filed with it.

2. Except as otherwise provided in this section [,] and section 137 of this act, records kept in the office of the Division pursuant to this chapter are open to the public for inspection pursuant to regulations adopted by the Division. The Division shall keep confidential, unless otherwise ordered by a court [:

(a) Information obtained by the Division while investigating alleged violations of this chapter; and

(b) The] , the criminal and financial records of an inspector or of an applicant for a certificate.

Sec. 139. NRS 645D.700 is hereby amended to read as follows:

645D.700 1. Grounds for disciplinary action against a certified inspector are:

(a) Unprofessional conduct;

(b) Professional incompetence; and

2. If grounds for disciplinary action against a certified inspector exist, the Division may, after providing the inspector with notice and an opportunity for a hearing, do one or more of the following:

(a) Revoke or suspend his certificate.

(b) Place conditions upon his certificate or upon the reissuance of a certificate revoked pursuant to this section.

(d) Impose a fine of not more than $1,000 for each violation.

3. If a certificate is revoked by the Division, another certificate must not be issued to the same inspector for at least 1 year after the date of the revocation, or at any time thereafter except in the sole discretion of the Administrator, and then only if the inspector satisfies the requirements for an original certificate.

4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

Sec. 140. Chapter 645E of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in this section, a complaint filed with the Commissioner, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3473 (CHAPTER 508, SB 250)ê

by the Commissioner when determining whether to impose discipline are public records.

Sec. 141. NRS 645E.310 is hereby amended to read as follows:

645E.310 1. In the conduct of any examination, periodic or special audit, investigation or hearing, the Commissioner may:

(a) Compel the attendance of any person by subpoena.

(b) Administer oaths.

(c) Examine any person under oath concerning the business and conduct of affairs of any person subject to the provisions of this chapter and , in connection therewith , require the production of any books, records or papers relevant to the inquiry.

Sec. 142. NRS 645E.670 is hereby amended to read as follows:

645E.670 1. For each violation committed by an applicant, whether or not he is issued a license, the Commissioner may impose upon the applicant an administrative fine of not more than $10,000, if the applicant:

(a) Has knowingly made or caused to be made to the Commissioner any false representation of material fact;

(b) Has suppressed or withheld from the Commissioner any information which the applicant possesses and which, if submitted by him, would have rendered the applicant ineligible to be licensed pursuant to the provisions of this chapter; or

(c) Has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner in completing and filing his application for a license or during the course of the investigation of his application for a license.

2. For each violation committed by a licensee, the Commissioner may impose upon the licensee an administrative fine of not more than $10,000, may suspend, revoke or place conditions upon his license, or may do both, if the licensee, whether or not acting as such:

(a) Is insolvent;

(b) Is grossly negligent or incompetent in performing any act for which he is required to be licensed pursuant to the provisions of this chapter;

(c) Does not conduct his business in accordance with law or has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner;

(d) Is in such financial condition that he cannot continue in business with safety to his customers;

(e) Has made a material misrepresentation in connection with any transaction governed by this chapter;

(f) Has suppressed or withheld from a client any material facts, data or other information relating to any transaction governed by the provisions of this chapter which the licensee knew or, by the exercise of reasonable diligence, should have known;

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3474 (CHAPTER 508, SB 250)ê

this chapter which the licensee knew or, by the exercise of reasonable diligence, should have known;

(g) Has knowingly made or caused to be made to the Commissioner any false representation of material fact or has suppressed or withheld from the Commissioner any information which the licensee possesses and which, if submitted by him, would have rendered the licensee ineligible to be licensed pursuant to the provisions of this chapter;

(h) Has failed to account to persons interested for all money received for a trust account;

(j) Has been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude;

(k) Has refused or failed to pay, within a reasonable time, any fees, assessments, costs or expenses that the licensee is required to pay pursuant to this chapter or a regulation adopted pursuant to this chapter;

(l) Has failed to satisfy a claim made by a client which has been reduced to judgment;

(m) Has failed to account for or to remit any money of a client within a reasonable time after a request for an accounting or remittal;

(n) Has commingled the money or other property of a client with his own or has converted the money or property of others to his own use; or

(o) Has engaged in any other conduct constituting a deceitful, fraudulent or dishonest business practice.

3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

Sec. 143. NRS 648.034 is hereby amended to read as follows:

648.034 1. [Any] Except as otherwise provided in this section, any records or information obtained during the course of an investigation of a licensee by the Board and any record of the investigation are confidential . [until the investigation is completed. Upon completion of the investigation the information and records are public records, only if:

(a) Disciplinary action is imposed by the Board as a result of the investigation; or

(b) The person regarding whom the investigation was made submits a written request to the Board asking that the information and records be made public records.]

Sec. 144. NRS 648.175 is hereby amended to read as follows:

648.175 1. If, after a hearing, the Board finds that cause exists, the Board may:

[1.] (a) Revoke the license of the licensee.

[2.] (b) Suspend the license of the licensee for not more than 1 year for each violation.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3475 (CHAPTER 508, SB 250)ê

[3.] (c) Fine the licensee not more than $5,000 for each violation.

[4.] (d) Suspend an order authorized by this section upon such terms and conditions as the Board considers appropriate.

[5.] (e) Place the licensee on probation for not more than 2 years upon such terms and conditions as the Board considers appropriate.

[6. Publicly or privately]

(f) Publicly reprimand the licensee.

[7.] (g) Affirm, modify or vacate the penalty imposed by a notice of violation.

[8. Require the licensee to pay all costs incurred by the Board relating to the discipline of the licensee.]

2. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

Sec. 145. Chapter 649 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in this section, a complaint filed with the Commissioner, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.

Sec. 146. NRS 649.395 is hereby amended to read as follows:

649.395 1. The Commissioner may impose an administrative fine, not to exceed $500 for each violation, or suspend or revoke the license of a collection agency, or both impose a fine and suspend or revoke the license, by an order made in writing and filed in his office and served on the licensee by registered or certified mail at the address shown in the records of the Commissioner, if:

(a) The licensee is adjudged liable in any court of law for breach of any bond given under the provisions of this chapter; or

(b) After notice and hearing, the licensee is found guilty of:

(1) Fraud or misrepresentation;

(2) An act or omission inconsistent with the faithful discharge of his duties and obligations; or

(3) A violation of any provision of this chapter.

2. The Commissioner may suspend or revoke the license of a collection agency without notice and hearing if:

(a) The suspension or revocation is necessary for the immediate protection of the public; and

(b) The licensee is afforded a hearing to contest the suspension or revocation within 20 days after the written order of suspension or revocation is served upon the licensee.

3. Upon revocation of his license, all rights of the licensee under this chapter terminate, and no application may be received from any person whose license has once been revoked.

4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3476 (CHAPTER 508, SB 250)ê

Sec. 147. Chapter 652 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in this section, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.

3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

Sec. 148. Chapter 654 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in this section, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.

Sec. 149. NRS 654.110 is hereby amended to read as follows:

654.110 1. The Board shall:

(a) Develop, impose and enforce standards which must be met by persons to receive licenses as nursing facility administrators or administrators of residential facilities for groups. The standards must be designed to ensure that nursing facility administrators or persons acting as administrators of residential facilities for groups will be persons who are of good character and otherwise suitable, and who, by training or experience in their respective fields of administering health care facilities, are qualified to serve as nursing facility administrators or administrators of residential facilities for groups.

(b) Develop and apply appropriate techniques, including examinations and investigations, for determining whether a person meets those standards.

(d) Revoke or suspend licenses previously issued by the Board in any case if the person holding the license is determined substantially to have failed to conform to the requirements of the standards.

(e) Establish and carry out procedures designed to ensure that persons licensed as nursing facility administrators or administrators of residential facilities for groups will, during any period they serve as such, comply with the requirements of the standards.

(f) Receive, investigate and take appropriate action with respect to any charge or complaint filed with the Board to the effect that any person licensed as a nursing facility administrator or an administrator of a residential facility for groups has failed to comply with the requirements of the standards. The Board shall initiate an investigation of any charge or complaint filed with the Board within 30 days after receiving the charge or complaint.

(g) Conduct a continuing study of:

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3477 (CHAPTER 508, SB 250)ê

(1) Facilities for skilled nursing, facilities for intermediate care and their administrators; and

(2) Residential facilities for groups and their administrators,

with a view to the improvement of the standards imposed for the licensing of administrators and of procedures and methods for the enforcement of the standards.

(h) Conduct or approve, or both, a program of training and instruction designed to enable all persons to obtain the qualifications necessary to meet the standards set by the Board for qualification as a nursing facility administrator or an administrator of a residential facility for groups.

2. All the records kept by the Board, not otherwise privileged [,] or confidential, are public records.

Sec. 150. NRS 654.190 is hereby amended to read as follows:

654.190 1. The Board may, after notice and hearing, impose an administrative fine of not more than $2,500 on and suspend or revoke the license of any nursing facility administrator or administrator of a residential facility for groups who:

(a) Is convicted of a felony, or of any offense involving moral turpitude.

(b) Has obtained his license by the use of fraud or deceit.

(d) Aids or abets any person in the violation of any of the provisions of NRS 449.001 to 449.240, inclusive, as those provisions pertain to a facility for skilled nursing, facility for intermediate care or residential facility for groups.

(e) Violates any regulation of the Board prescribing additional standards of conduct for nursing facility administrators or administrators of residential facilities for groups.

2. The Board shall give a licensee against whom proceedings are brought pursuant to this section written notice of a hearing not less than 10 days before the date of the hearing.

3. [If discipline is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the Board.] An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

Sec. 151. Chapter 656 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in this section, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.

3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

Sec. 152. NRS 7.085 is hereby amended to read as follows:

7.085 1. If a court finds that an attorney has:

[1.] (a) Filed, maintained or defended a civil action or proceeding in any court in this state and such action or defense is not well-grounded in fact or is not warranted by existing law or by an argument for changing the existing law that is made in good faith; or

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3478 (CHAPTER 508, SB 250)ê

[2.] (b) Unreasonably and vexatiously extended a civil action or proceeding before any court in this state,

the court shall require the attorney personally to pay the additional costs, expenses and attorney’s fees reasonably incurred because of such conduct.

2. The court shall liberally construe the provisions of this section in favor of awarding costs, expenses and attorney’s fees in all appropriate situations. It is the intent of the Legislature that the court award costs, expenses and attorney’s fees pursuant to this section and impose sanctions pursuant to Rule 11 of the Nevada Rules of Civil Procedure in all appropriate situations to punish for and deter frivolous or vexatious claims and defenses because such claims and defenses overburden limited judicial resources, hinder the timely resolution of meritorious claims and increase the costs of engaging in business and providing professional services to the public.

Sec. 153. NRS 18.010 is hereby amended to read as follows:

18.010 1. The compensation of an attorney and counselor for his services is governed by agreement, express or implied, which is not restrained by law.

2. In addition to the cases where an allowance is authorized by specific statute, the court may make an allowance of attorney’s fees to a prevailing party:

(a) When he has not recovered more than $20,000; or

(b) Without regard to the recovery sought, when the court finds that the claim, counterclaim, cross-claim or third-party complaint or defense of the opposing party was brought or maintained without reasonable ground or to harass the prevailing party. The court shall liberally construe the provisions of this paragraph in favor of awarding attorney’s fees in all appropriate situations. It is the intent of the Legislature that the court award attorney’s fees pursuant to this paragraph and impose sanctions pursuant to Rule 11 of the Nevada Rules of Civil Procedure in all appropriate situations to punish for and deter frivolous or vexatious claims and defenses because such claims and defenses overburden limited judicial resources, hinder the timely resolution of meritorious claims and increase the costs of engaging in business and providing professional services to the public.

3. In awarding attorney’s fees, the court may pronounce its decision on the fees at the conclusion of the trial or special proceeding without written motion and with or without presentation of additional evidence.

4. Subsections 2 and 3 do not apply to any action arising out of a written instrument or agreement which entitles the prevailing party to an award of reasonable attorney’s fees.

Sec. 154. NRS 41A.081 is hereby amended to read as follows:

41A.081 1. In an action for medical malpractice or dental malpractice, all the parties to the action, the insurers of the respective parties and the attorneys of the respective parties shall attend and participate in a settlement conference before a district judge, other than the judge assigned to the action, to ascertain whether the action may be settled by the parties before trial.

2. The judge before whom the settlement conference is held:

(a) May, for good cause shown, waive the attendance of any party.

(b) Shall decide what information the parties may submit at the settlement conference.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3479 (CHAPTER 508, SB 250)ê

3. The judge shall notify the parties of the time and place of the settlement conference.

4. The failure of any party, his insurer or his attorney to participate in good faith in the settlement conference is grounds for sanctions , including, without limitation, monetary sanctions, against the party or his attorney, or both. The judges of the district courts shall liberally construe the provisions of this subsection in favor of imposing sanctions in all appropriate situations. It is the intent of the Legislature that the judges of the district courts impose sanctions pursuant to this subsection in all appropriate situations to punish for and deter conduct which is not undertaken in good faith because such conduct overburdens limited judicial resources, hinders the timely resolution of meritorious claims and increases the costs of engaging in business and providing professional services to the public.

Secs. 155 and 156. (Deleted by amendment.)

Sec. 157. Chapter 690B of NRS is hereby amended by adding thereto the provisions set forth as sections 158 to 175, inclusive, of this act.

Sec. 158. As used in sections 158 to 165, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 159 to 162, inclusive, of this act have the meanings ascribed to them in those sections.

Sec. 159. “Claims-made policy” means a policy of professional liability insurance that provides coverage only for claims that arise from incidents or events which occur while the policy is in force and which are reported to the insurer while the policy is in force.

Sec. 160. “Extended reporting endorsement” means an endorsement to a claims-made policy which requires the payment of a separate premium and which provides coverage for claims that arise from incidents or events which occur while the claims-made policy is in force but which are reported to the insurer after the claims-made policy is terminated.

Sec. 161. “Practitioner” means a practitioner who provides health care.

Sec. 162. “Professional liability insurance” means a policy of insurance covering the liability of a practitioner for a breach of his professional duty toward a patient.

Sec. 163. 1. If an insurer offers to issue a claims-made policy to a practitioner licensed pursuant to chapters 630 to 640, inclusive, of NRS, the insurer shall:

(a) Offer to issue to the practitioner an extended reporting endorsement without a time limitation for reporting a claim.

(b) Disclose to the practitioner the premium for the extended reporting endorsement and the cost formula that the insurer uses to determine the premium for the extended reporting endorsement.

(c) Disclose to the practitioner the portion of the premium attributable to funding the extended reporting endorsement offered at no additional cost to the practitioner in the event of the practitioner’s death, disability or retirement, if such a benefit is offered.

(d) Disclose to the practitioner the vesting requirements for the extended reporting endorsement offered at no additional cost to the practitioner in the event of the practitioner’s death or retirement, if such a benefit is offered. If such a benefit is not offered, the absence of such a benefit must be disclosed.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3480 (CHAPTER 508, SB 250)ê

(e) Include, as part of the insurance contract, language which must be approved by the Commissioner and which must be substantially similar to the following:

If we adopt any revision that would broaden the coverage under this policy without any additional premium either within the policy period or within 60 days before the policy period, the broadened coverage will immediately apply to this policy.

2. The disclosures required by subsection 1 must be made as part of the offer and acceptance at the inception of the policy and again at each renewal in the form of an endorsement attached to the insurance contract and approved by the Commissioner.

3. The requirements set forth in this section are in addition to the requirements set forth in section 12 of Senate Bill No. 122 of this session.

Sec. 164. 1. In each rating plan of an insurer that issues a policy of professional liability insurance to a practitioner licensed pursuant to chapter 630 or 633 of NRS, the insurer shall provide for a reduction in the premium for the policy if the practitioner implements a qualified risk management system. The amount of the reduction in the premium must be determined by the Commissioner in accordance with the applicable standards for rates established in NRS 686B.010 to 686B.1799, inclusive.

2. A qualified risk management system must comply with all requirements established by the Commissioner.

3. The Commissioner shall adopt regulations to:

(a) Establish the requirements for a qualified risk management system; and

(b) Carry out the provisions of this section.

4. The provisions of this section apply to all rating plans which an insurer that issues a policy of professional liability insurance to a practitioner licensed pursuant to chapter 630 or 633 of NRS files with the Commissioner on and after the effective date of the regulations adopted by the Commissioner pursuant to this section.

Sec. 165. 1. On an annual basis, the Commissioner shall, pursuant to subsection 1 of NRS 680A.290, request each insurer that issues a policy of professional liability insurance to a practitioner licensed pursuant to chapter 630 or 633 of NRS to submit to the Commissioner an annual report on its loss prevention and control programs.

2. Not later than 90 days after the Commissioner receives the annual reports from those insurers, the Commissioner shall submit his report on the loss prevention and control programs of those insurers, along with any recommendations, to the Director of the Legislative Counsel Bureau for transmittal to members of the Legislature.

Secs. 166-175. (Deleted by amendment.)

Sec. 176. NRS 690B.045 is hereby amended to read as follows:

690B.045 Except as more is required in NRS 630.3067 and 633.526:

1. Each insurer which issues a policy of insurance covering the liability of a practitioner licensed pursuant to chapters 630 to 640, inclusive, of NRS for a breach of his professional duty toward a patient shall report to the board which licensed the practitioner within [30] 45 days each settlement or award made or judgment rendered by reason of a claim, if the settlement, award or judgment is for more than $5,000, giving the name and address of the claimant and the practitioner and the circumstances of the case.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3481 (CHAPTER 508, SB 250)ê

judgment is for more than $5,000, giving the name and address of the claimant and the practitioner and the circumstances of the case.

2. A practitioner licensed pursuant to chapters 630 to 640, inclusive, of NRS who does not have insurance covering liability for a breach of his professional duty toward a patient shall report to the board which issued his license within [30] 45 days of each settlement or award made or judgment rendered by reason of a claim, if the settlement, award or judgment is for more than $5,000, giving his name and address, the name and address of the claimant and the circumstances of the case.

3. These reports are public records and must be made available for public inspection within a reasonable time after they are received by the licensing board.

Sec. 177. NRS 690B.050 is hereby amended to read as follows:

690B.050 1. Each insurer which issues a policy of insurance covering the liability of a physician licensed under chapter 630 of NRS or an osteopathic physician licensed under chapter 633 of NRS for a breach of his professional duty toward a patient shall report to the Commissioner within [30] 45 days each settlement or award made or judgment rendered by reason of a claim, giving the name and address of the claimant and physician and the circumstances of the case.

2. The Commissioner shall report to the Board of Medical Examiners or the state board of osteopathic medicine, as applicable, within 30 days after receiving the report of the insurer, each claim made and each settlement, award or judgment.

Secs. 178 and 179. (Deleted by amendment.)

Sec. 180. Section 1 of Senate Bill No. 133 of this session is hereby amended to read as follows:

Section 1. Chapter 630 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in NRS 630.161, the Board may issue a restricted license to a person who intends to practice medicine in this state as a psychiatrist in a mental health center of the Division under the direct supervision of a psychiatrist who holds an unrestricted license to practice medicine pursuant to this chapter.

2. A person who applies for a restricted license pursuant to this section is not required to take or pass a written examination as to his qualifications to practice medicine pursuant to paragraph (e) of subsection 2 of NRS 630.160, but the person must meet all other conditions and requirements for an unrestricted license to practice medicine pursuant to this chapter.

3. If the Board issues a restricted license pursuant to this section, the person who holds the restricted license may practice medicine in this state only as a psychiatrist in a mental health center of the Division and only under the direct supervision of a psychiatrist who holds an unrestricted license to practice medicine pursuant to this chapter.

4. If a person who holds a restricted license issued pursuant to this section ceases to practice medicine in this state as a psychiatrist in a mental health center of the Division:

(a) The Division shall notify the Board; and

(b) Upon receipt of such notification, the restricted license expires automatically.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3482 (CHAPTER 508, SB 250)ê

5. The Board may renew or modify a restricted license issued pursuant to this section, unless the restricted license has expired automatically or has been revoked.

6. [Each person who holds a restricted license issued pursuant to this section and who accepts the privilege of practicing medicine in this state pursuant to the provisions of the restricted license shall be deemed to have given his consent to the revocation of the restricted license at any time by the Board for any of the grounds provided in NRS 630.161 or 630.301 to 630.3065, inclusive, or for any violation of the provisions of this section.

7.] The provisions of this section do not limit the authority of the Board to issue a restricted license to an applicant in accordance with any other provision of this chapter.

[8.] 7. As used in this section:

(a) “Division” means the Division of Mental Health and Developmental Services of the Department of Human Resources.

(b) “Mental health center” has the meaning ascribed to it in NRS 433.144.

Sec. 181. Section 9 of Senate Bill No. 139 of this session is hereby amended to read as follows:

Sec. 9. NRS 645.630 is hereby amended to read as follows:

(a) Making any material misrepresentation.

(b) Making any false promises of a character likely to influence, persuade or induce.

(c) Accepting a commission or valuable consideration as a real estate broker-salesman or salesman for the performance of any of the acts specified in this chapter or chapter 119 or 119A of NRS from any person except the licensed real estate broker with whom he is associated or the owner-developer by whom he is employed.

(d) Representing or attempting to represent a real estate broker other than the broker with whom he is associated, without the express knowledge and consent of the broker with whom he is associated.

(e) Failing to maintain, for review and audit by the Division, each brokerage agreement and property management agreement governed by the provisions of this chapter and entered into by the licensee.

(f) Failing, within a reasonable time, to account for or to remit any money which comes into his possession and which belongs to others.

(g) If he is required to maintain a trust account:

(1) Failing to balance the trust account at least monthly; and

(2) Failing to submit to the Division an annual accounting of the trust account as required in NRS 645.310.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3483 (CHAPTER 508, SB 250)ê

(h) Commingling the money or other property of his clients with his own or converting the money of others to his own use.

(i) In the case of a broker-salesman or salesman, failing to place in the custody of his licensed broker or owner-developer, as soon as possible, any deposit or other money or consideration entrusted to him by any person dealing with him as the representative of his licensed broker.

(j) Accepting other than cash as earnest money unless that fact is communicated to the owner before his acceptance of the offer to purchase and that fact is shown in the receipt for the earnest money.

(k) Upon acceptance of an agreement, in the case of a broker, failing to deposit any check or cash received as earnest money before the end of the next banking day unless otherwise provided in the purchase agreement.

(l) Inducing any party to a brokerage agreement, property management agreement, agreement of sale or lease to break it in order to substitute a new brokerage agreement, property management agreement, agreement of sale or lease with the same or another party if the inducement to make the substitution is offered to secure personal gain to the licensee or owner-developer.

2. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

Sec. 182. Section 7 of Senate Bill No. 332 of this session is hereby amended to read as follows:

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

2. Except as otherwise provided in this section, the Board and its members and employees shall not place any information on the website maintained by the Board unless the Board, at a regular meeting, approves the placement of the information on the website.

3. The Board shall place on the website [:] , without having to approve the placement at a meeting:

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

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

(c) An alphabetical list, by last name, of each physician and a brief description of each disciplinary action, if any, taken against the physician, in this state and elsewhere, which relates to the practice of medicine and which is noted in the records of the Board. The Board shall include, as part of the list on the website, the name of each physician whose license has been revoked by the Board. The Board shall make the list on the website easily accessible and user friendly for the public.

(d) All financial reports received by the Board.

(e) All financial reports prepared by the Board.

(f) Any other information required to be placed on the website by any other provision of law.

Sec. 183. 1. NRS 622.010, 623A.295, 630.142, 634.165, 638.154, 639.091 and 656.295 are hereby repealed.

2. Section 4 of Senate Bill No. 281 of this session is hereby repealed.

Sec. 184. 1. This section becomes effective on passage and approval.

…………………………………………………………………………………………………………………

ê2003 Statutes of Nevada, Page 3484 (CHAPTER 508, SB 250)ê

2. Sections 1 to 182, inclusive, of this act become effective upon passage and approval for the purpose of adopting regulations and on July 1, 2003, for all other purposes.

3. Section 183 of this act becomes effective on July 1, 2003.

4. Sections 79.7 and 99 of this act expire by limitation on the date on which the provisions of 42 U.S.C., § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

(a) Have failed to comply with a subpoena or warrant relating to a procedure to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

(b) Are in arrears in the payment for the support of one or more children,

are repealed by the Congress of the United States.

________

CHAPTER 509, SB 370

Senate Bill No. 370–Senator Rhoads

CHAPTER 509

AN ACT relating to taxation; authorizing the board of county commissioners of certain counties to impose an additional tax on the transfer of real property; requiring the proceeds of the tax to be used for the control of invasive species and certain endemic pests and weeds; creating an account for the rebate of the governmental services tax to senior citizens; requiring the State Department of Agriculture to present annually to each board of county commissioners proposed programs for the control of such species, pests and weeds; and providing other matters properly relating thereto.

[Approved: June 12, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 375 of NRS is hereby amended by adding thereto a new section to read as follows:

1. In addition to all other taxes imposed on transfers of real property, the board of county commissioners of a county whose population is less than 400,000 may impose a tax at the rate of up to 5 cents for each $500 of value, or fraction thereof, on each deed by which any lands, tenements or other realty is granted, assigned, transferred or otherwise conveyed to, or vested in, another person, if the consideration or value of the interest or property conveyed exceeds $100.

Link to Page 3485