e provided in subsection 3, a person shall not: (a) Practice respiratory care; or (b) Hold himself out as qualified to practice respiratory care, in this State without complying with the provisions of subsection 1. 3. Any person who has completed the educational requirements set forth in paragraphs (a) and (b) of subsection 1 may practice respiratory care pursuant to a program of practical training as an intern in respiratory care for not more than 12 months after completing those educational requirements. (Added to NRS by 2001, 759) NRS 630.278 Application for license to include social security number. Repealed. (See chapter 501, Statutes of Nevada 2005, at page 2818.) NRS 630.279 Regulations concerning licensure. The Board shall adopt regulations regarding the licensure of practitioners of respiratory care, including, without limitation: 1. Educational and other qualifications of applicants; 2. Required academic programs which applicants must successfully complete; 3. Procedures for applying for and issuing licenses; 4. Tests or examinations of applicants by the Board; 5. The types of medical services that a practitioner of respiratory care may perform, except that a practitioner of respiratory care may not perform those specific functions and duties delegated or otherwise restricted by specific statute to persons licensed as dentists, chiropractors, podiatric physicians, optometrists, physicians, osteopathic physicians or hearing aid specialists pursuant to this chapter or chapter 631, 633, 634, 635, 636 or 637A of NRS, as appropriate; 6. The duration, renewal and termination of licenses; and 7. The grounds and procedures for disciplinary actions against practitioners of respiratory care. (Added to NRS by 2001, 759) EMPLOYEES NRS 630.293 Retaliation or discrimination against employee who reports or participates in investigation or proceeding relating to sentinel event or certain conduct of physician prohibited; restriction of right prohibited. 1. A physician or any agent or employee thereof shall not retaliate or discriminate unfairly against an employee of the physician or a person acting on behalf of the employee who in good faith: (a) Reports to the Board information relating to the conduct of the physician which may constitute grounds for initiating disciplinary action against the physician or which otherwise raises a reasonable question regarding the competence of the physician to practice medicine with reasonable skill and safety to patients; (b) Reports a sentinel event to the Health Division pursuant to NRS 439.835; or (c) Cooperates or otherwise participates in an investigation or proceeding conducted by the Board or another governmental entity relating to conduct described in paragraph (a) or (b). 2. A physician or any agent or employee thereof shall not retaliate or discriminate unfairly against an employee of the physician because the employee has taken an action described in subsection 1. 3. A physician or any agent or employee thereof shall not prohibit, restrict or attempt to prohibit or restrict by contract, policy, procedure or any other manner the right of an employee of the physician to take an action described in subsection 1. 4. As used in this section, “retaliate or discriminate”: (a) Includes, without limitation, the following action if such action is taken solely because the employee took an action described in subsection 1: (1) Frequent or undesirable changes in the location where the employee works; (2) Frequent or undesirable transfers or reassignments; (3) The issuance of letters of reprimand, letters of admonition or evaluations of poor performance; (4) A demotion; (5) A reduction in pay; (6) The denial of a promotion; (7) A suspension; (8) A dismissal; (9) A transfer; or (10) Frequent changes in working hours or workdays. (b) Does not include action described in subparagraphs (1) to (10), inclusive, of paragraph (a) if the action is taken in the normal course of employment or as a form of discipline. (Added to NRS by 2002 Special Session, 17) NRS 630.296 Retaliation or discrimination against employee who reports or participates in investigation or proceeding relating to sentinel event or certain conduct of physician: Legal recourse of employee. An employee of a physician who believes that he has been retaliated or discriminated against in violation of NRS 630.293 may file an action in a court of competent jurisdiction for such relief as may be appropriate. (Added to NRS by 2002 Special Session, 18) REGULATION AND DISCIPLINE General Provisions NRS 630.298 Jurisdiction of Board over licensee unaffected by expiration or voluntary surrender of license. 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. (Added to NRS by 2003, 3428) NRS 630.299 Authority of Board or investigative committee to issue letter of warning, letter of concern or nonpunitive admonishment. 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 or any investigative committee of 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: (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. (Added to NRS by 2003, 3427; A 2005, 2515) Grounds for Initiating Disciplinary Action or Denying Licensure NRS 630.301 Criminal offenses; revocation, suspension or other modification of previous license; surrender of previous license while under investigation; malpractice; engaging in sexual activity with patient; disruptive behavior; violating or exploiting trust of patient for financial or personal gain; failure to offer appropriate care with intent to positively influence financial well-being; engaging in disreputable conduct; engaging in sexual contact with surrogate of patient or relatives of patient. 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. 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 acti

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