Nevada Regulation of Physicians

In Nevada, the regulations of physicians are found in Nev. Rev. Stat. Ann. §§ 630.  Pursuant to the statutes, every person desiring to practice medicine must, before beginning to practice, procure from the Board a license authorizing him to practice.  Except as otherwise provided in NRS 630.1605;630.161; and 630.258 to 630.265, inclusive, a license may be issued to any person who:

(a) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

(b) Has received the degree of doctor of medicine from a medical school:

(1) Approved by the Liaison Committee on Medical Education of the American Medical Association and Association of American Medical Colleges; or

(2) Which provides a course of professional instruction equivalent to that provided in medical schools in the United States approved by the Liaison Committee on Medical Education;

(c) Is currently certified by a specialty board of the American Board of Medical Specialties and who agrees to maintain the certification for the duration of his/her licensure, or has passed:

(1) All parts of the examination given by the National Board of Medical Examiners;

(2) All parts of the Federation Licensing Examination;

(3) All parts of the United States Medical Licensing Examination;

(4) All parts of a licensing examination given by any state or territory of the United States, if the applicant is certified by a specialty board of the American Board of Medical Specialties;

(5) All parts of the examination to become a licentiate of the Medical Council of Canada; or

(6) Any combination of the examinations specified in subparagraphs (1), (2) and (3) that the Board determines to be sufficient;

(d) Is currently certified by a specialty board of the American Board of Medical Specialties in the specialty of emergency medicine, preventive medicine or family practice and who agrees to maintain certification in at least one of these specialties for the duration of his licensure, or:

(1) Has completed 36 months of progressive postgraduate:

(I) Education as a resident in the United States or Canada in a program approved by the Board, the Accreditation Council for Graduate Medical Education or the Coordinating Council of Medical Education of the Canadian Medical Association; or

(II) Fellowship training in the United States or Canada approved by the Board or the Accreditation Council for Graduate Medical Education; or

(2) Has completed at least 36 months of postgraduate education, not less than 24 months of which must have been completed as a resident after receiving a medical degree from a combined dental and medical degree program approved by the Board; and

(e) Passes a written or oral examination, or both, as to his qualifications to practice medicine and provides the Board with a description of the clinical program completed demonstrating that the applicant’s clinical training met the requirements of paragraph (b)[i].

Pursuant to Nev. Rev. Stat. Ann. § 630.161, the board shall not issue a license to practice medicine to an applicant who has been licensed to practice any type of medicine in another jurisdiction and whose license was revoked for gross medical negligence by that jurisdiction.  The board may revoke the license of any person licensed to practice medicine in this state if it determines that the person had a license to practice any type of medicine in another jurisdiction which was revoked for gross medical negligence by that jurisdiction.  For the purposes of this section, the board shall adopt by regulation a definition of gross medical negligence.  The board may deny an application for a license to practice medicine for any violation of the provisions of this chapter or regulations of the board.  The board shall notify an applicant of any deficiency which prevents any further action on the application or results in the denial of the application.  The applicant may respond in writing to the board concerning any deficiency and, if s/he does so, the board shall respond in writing to the contentions of the applicant.  Any unsuccessful applicant may appeal to the district court to review the action of the board, if he files his appeal within 90 days from the date of the rejection of his/her application by the board. Upon appeal the applicant has the burden to show that the action of the board is erroneous or unlawful.[ii]

Each holder of a license to practice medicine must, on or before July 1 of each alternate year:

(a) Submit a list of all actions filed or claims submitted to arbitration or mediation for malpractice or negligence against him during the previous 2 years.

(b) Pay to the Secretary-Treasurer of the Board the applicable fee for biennial registration.  This fee must be collected for the period for which a physician is licensed.

(c) Submit all information required to complete the biennial registration.

Furthermore, when a holder of a license fails to pay the fee for biennial registration and submit all information required to complete the biennial registration after they become due, his license to practice medicine in this State is automatically suspended.  The holder may, within 2 years after the date his/her license is suspended, upon payment of twice the amount of the current fee for biennial registration to the Secretary-Treasurer and submission of all information required to complete the biennial registration and after s/he is found to be in good standing and qualified under the provisions of this chapter, be reinstated to practice.  The Board shall make such reasonable attempts as are practicable to notify a licensee:

  • At least once that his fee for biennial registration and all information required to complete the biennial registration are due; and
  • That his/her license is suspended.

A copy of this notice must be sent to the Drug Enforcement Administration of the United States Department of Justice or its successor agency[iii].

Pursuant to Nev. Rev. Stat. Ann. § 630.301, the following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:

1. Conviction of a felony 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. Any disciplinary action, including, without limitation, the revocation, suspension, modification or limitation of a license to practice any type of medicine, taken by another state, the Federal Government, a foreign country or 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 the 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 the 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 code of ethics adopted by the Board by regulation based on a national code of ethics.

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.

11. Conviction of:

(a) Murder, voluntary manslaughter or mayhem;

(b) Any felony involving the use of a firearm or other deadly weapon;

(c) Assault with intent to kill or to commit sexual assault or mayhem;

(d) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime;

(e) Abuse or neglect of a child or contributory delinquency;

(f) 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; or

(g) Any offense involving moral turpitude.

The statutes further provide that the following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:

1. Obtaining, maintaining or renewing or attempting to obtain, maintain or renew a license to practice medicine by bribery, fraud or misrepresentation or by any false, misleading, inaccurate or incomplete statement.

2. Advertising the practice of medicine in a false, deceptive or misleading manner.

3. Practicing or attempting to practice medicine under another name.

4. Signing a blank prescription form.

5. Influencing a patient in order to engage in sexual activity with the patient or with others.

6. Attempting directly or indirectly, by way of intimidation, coercion or deception, to obtain or retain a patient or to discourage the use of a second opinion.

7. Terminating the medical care of a patient without adequate notice or without making other arrangements for the continued care of the patient[iv].

Nev. Rev. Stat. Ann. § 630.306 provide that the following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:

1. Inability to practice medicine with reasonable skill and safety because of illness, a mental or physical condition or the use of alcohol, drugs, narcotics or any other substance.

2. Engaging in any conduct:

(a) Which is intended to deceive;

(b) Which the board has determined is a violation of the standards of practice established by regulation of the board; or

(c) Which is in violation of a regulation adopted by the state board of pharmacy.

3. Administering, dispensing or prescribing any controlled substance, or any dangerous drug as defined in chapter 454 of NRS, to or for himself/herself or to others except as authorized by law.

4. Performing, assisting or advising the injection of any substance containing liquid silicone into the human body, except for the use of silicone oil to repair a retinal detachment.

5. Practicing or offering to practice beyond the scope permitted by law or performing services which the licensee knows or has reason to know that he is not competent to perform.

6. Performing, without first obtaining the informed consent of the patient or his family, any procedure or prescribing any therapy which by the current standards of the practice of medicine is experimental.

7. Continual failure to exercise the skill or diligence or use the methods ordinarily exercised under the same circumstances by physicians in good standing practicing in the same specialty or field.

8. Making or filing a report which the licensee or applicant knows to be false or failing to file a record or report as required by law or regulation.

9. Failing to comply with the requirements of NRS 630.254.

10. Habitual intoxication from alcohol or dependency on controlled substances.

11. Failure by a licensee or applicant to report in writing, within 30 days, any disciplinary action taken against him by another state, the Federal Government or a foreign country, including, without limitation, the revocation, suspension or surrender of his/her license to practice medicine in another jurisdiction.

12. Failure to be found competent to practice medicine as a result of an examination to determine medical competency pursuant to NRS 630.318.

The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:

1. Willful disclosure of a communication privileged pursuant to a statute or court order.

2. Willful failure to comply with:

(a) A regulation, subpoena or order of the board or a committee designated by the board to investigate a complaint against a physician;

(b) A court order relating to this chapter; or

(c) A provision of this chapter.

3. Willful failure to perform a statutory or other legal obligation imposed upon a licensed physician, including a violation of the provisions of NRS 439B.410[v].

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/her consent to the revocation of the license at any time by the Board in accordance with the provisions of this section.  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 630.3065, inclusive; or

(b) Any condition, restriction or limitation imposed on the license[vi].

Any person:

(a) Whose practice of medicine or respiratory care has been limited; or

(b) Whose license to practice medicine or respiratory care has been:

(1) Suspended until further order; or

(2) Revoked, by an order of the board, may apply to the board for removal of the limitation or restoration of his/her license.  In hearing the application, the board:

(a) May require the person to submit to a mental or physical examination or an examination testing his competence to practice medicine or respiratory care by physicians or practitioners of respiratory care, as appropriate, or other examinations it designates and submit such other evidence of changed conditions and of fitness as it deems proper;

(b) Shall determine whether under all the circumstances the time of the application is reasonable; and

(c) May deny the application or modify or rescind its order as it deems the evidence and the public safety warrants.

Moreover, the licensee has the burden of proving by clear and convincing evidence that the requirements for restoration of the license or removal of the limitation have been met.  The board shall not restore a license unless it is satisfied that the person has complied with all of the terms and conditions set forth in the final order of the board and that the person is capable of practicing medicine or respiratory care in a safe manner.  To restore a license that has been revoked by the board, the applicant must apply for a license and take an examination as though s/he had never been licensed under this chapter[vii].

Pursuant to Nev. Rev. Stat. Ann. § 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/herself out as a physician assistant or uses any other term indicating or implying that s/he is a physician assistant without being licensed by the Board; or

6. Holds himself/herself out as a practitioner of respiratory care or uses any other term indicating or implying that s/he is a practitioner of respiratory care without being licensed by the Board, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

 

[i] Nev. Rev. Stat. Ann. § 630.160.

[ii] Nev. Rev. Stat. Ann. § 630.200.

[iii] Nev. Rev. Stat. Ann. § 630.267.

[iv] Nev. Rev. Stat. Ann. § 630.304.

[v] Nev. Rev. Stat. Ann. § 630.3065.

[vi] Nev. Rev. Stat. Ann. § 630.348.

[vii]Nev. Rev. Stat. Ann. § 630.358.


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