aking 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, within 30 days, the revocation, suspension or surrender of his 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. (Added to NRS by 1983, 302; A 1985, 2238; 1987, 199, 800, 1554, 1575) NRS 630.3062 Failure to maintain proper medical records; altering medical records; making false report; failure to file or obstructing required report; failure to allow inspection and copying of medical records; failure to report other person in violation of chapter or regulations. 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. 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 630.3068. 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. (Added to NRS by 1985, 2223; A 1987, 199; 2001, 767; 2002 Special Session, 19; 2003, 3433) NRS 630.3065 Willful disclosure of privileged communication; willful failure to comply with statute or regulation governing practice of medicine. 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. (Added to NRS by 1983, 302; A 1985, 2238; 1987, 200; 1989, 1663; 1993, 2302) NRS 630.3066 Prescribing or administering certain controlled substances for treatment of intractable pain not grounds for initiating disciplinary action. A physician is not subject to disciplinary action solely for: 1. Prescribing or administering to a patient under his care a controlled substance which is listed in schedule II, III, IV or V by the State Board of Pharmacy pursuant to NRS 453.146, if the controlled substance is lawfully prescribed or administered for the treatment of intractable pain in accordance with regulations adopted by the Board. 2. Engaging in any activity in accordance with the provisions of chapter 453A of NRS. (Added to NRS by 1977, 1647; A 1983, 337; 1995, 1734; 2001, 768, 3073) Reports, Complaints, Investigations and Preliminary Proceedings NRS 630.30665 Physician required to report certain information concerning surgeries; effect of failure to report; duties of Board; confidentiality of report; applicability. 1. The Board shall require each holder of a license to practice medicine to submit annually to the Board, on a form provided by the Board, and in the format required by the Board by regulation, a report: (a) Stating the number and type of surgeries requiring conscious sedation, deep sedation or general anesthesia performed by the holder of the license at his office or any other facility, excluding any surgical care performed: (1) At a medical facility as that term is defined in NRS 449.0151; or (2) Outside of this State; and (b) Reporting the occurrence of any sentinel event arising from any such surgery. 2. Failure to submit a report or knowingly filing false information in a report constitutes grounds for initiating disciplinary action. 3. The Board shall: (a) Collect and maintain reports received pursuant to subsection 1; and (b) Ensure that the reports, and any additional documents created from the reports, are protected adequately from fire, theft, loss, destruction and other hazards, and from unauthorized access. 4. A report received pursuant to subsection 1 is confidential, not subject to subpoena or discovery, and not subject to inspection by the general public. 5. The provisions of this section do not apply to surgical care requiring only the administration of oral medication to a patient to relieve the patient’s anxiety or pain, if the medication is not given in a dosage that is sufficient to induce in a patient a controlled state of depressed consciousness or unconsciousness similar to general anesthesia, deep sedation or conscious sedation. 6. As used in this section: (a) “Conscious sedation” means a minimally depressed level of consciousness, produced by a pharmacologic or nonpharmacologic method, or a combination thereof, in which the patient retains the ability independently and continuously to maintain an airway and to respond appropriately to physical stimulation and verbal commands. (b) “Deep sedation” means a controlled state of depressed consciousness, produced by a pharmacologic or nonpharmacologic method, or a combination thereof, and accompanied by a partial loss of protective reflexes and the inability to respond purposefully to verbal commands. (c) “General anesthesia” means a controlled state of unconsciousness, produced by a pharmacologic or nonpharmacologic method, or a combination thereof, and accompanied by partial or complete loss of protective reflexes and the inability independently to maintain an airway and respond purposefully to physical stimulation or verbal commands. (d) “Sentinel event” means an unexpected occurrence involving death or serious physical or psychological injury or the risk thereof, including, without limitation, any process variation for which a recurrence would carry a significant chance of serious adverse outcome. The term includes loss of limb or function. (Added to NRS by 2005, 2512) NRS 630.3067 Insurer of physician required to report certain information concerning malpractice; administrative penalties for failure to report. 1. The insurer of a physician licensed under this chapter 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; and (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. 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

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