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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. (Added to NRS by 1985, 2223; A 2002 Special Session, 20; 2003, 3434) NRS 630.3068 Physician required to report certain information concerning malpractice and sanctions imposed against physician; administrative penalties for failure to report; reports deemed public records. 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. (Added to NRS by 2003, 3428) NRS 630.3069 Board required to conduct investigation after receiving certain reports concerning malpractice. If the Board receives a report pursuant to the provisions of NRS 630.3067, 630.3068, 690B.250 or 690B.260 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. (Added to NRS by 2003, 3428) NRS 630.307 General requirements for filing complaint; medical facilities and societies required to report certain information concerning physician’s privileges and disciplinary action; administrative penalties for failure to report; clerk of court required to report certain information concerning court actions. 1. Any person, medical school or medical facility that becomes aware that a person practicing medicine or respiratory care in this State has, is or is about to become engaged in conduct which constitutes grounds for initiating disciplinary action shall file a written complaint with the Board within 30 days after becoming aware of the conduct. 2. Any hospital, clinic or other medical facility licensed in this State, or medical society, shall report to the Board any change in a physician’s privileges to practice medicine while the physician is under investigation and the outcome of any disciplinary action taken by that facility or society against the physician concerning the care of a patient or the competency of the physician within 30 days after the change in privileges is made or disciplinary action is taken. The Board shall report any failure to comply with this subsection by a hospital, clinic or other medical facility licensed in this State to the Health Division of the Department of Health and Human Services. If, after a hearing, the Health Division determines that any such facility or society failed to comply with the requirements of this subsection, the Division may impose an administrative fine of not more than $10,000 against the facility or society 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. 3. The clerk of every court shall report to the Board any finding, judgment or other determination of the court that a physician, physician assistant or practitioner of respiratory care: (a) Is mentally ill; (b) Is mentally incompetent; (c) Has been convicted of a felony or any law governing controlled substances or dangerous drugs; (d) Is guilty of abuse or fraud under any state or federal program providing medical assistance; or (e) Is liable for damages for malpractice or negligence, within 45 days after such a finding, judgment or determination is made. 4. On or before January 15 of each year, the clerk of each court shall submit to the Office of Court Administrator created pursuant to NRS 1.320 a written report compiling the information that the clerk reported during the previous year to the Board regarding physicians pursuant to paragraph (e) of subsection 3. (Added to NRS by 1977, 824; A 1985, 2239; 2001, 768; 2002 Special Session, 20) NRS 630.309 Requirements for filing complaint against physician assistant or practitioner of respiratory care. To institute a disciplinary action against a physician assistant or practitioner of respiratory care, a written complaint, specifying the charges, must be filed with the Board by: 1. The Board or a committee designated by the Board to investigate a complaint; 2. Any member of the Board; or 3. Any other person who is aware of any act or circumstance constituting a ground for disciplinary action set forth in the regulations adopted by the Board. (Added to NRS by 1989, 663; A 2001, 772)—(Substituted in revision for NRS 630.368) NRS 630.311 Review of complaint; investigation; composition of committee; filing of complaint with Board. 1. A committee designated by the Board and consisting of members of the Board shall review each complaint and conduct an investigation to determine if there is a reasonable basis for the complaint. The committee must be composed of at least three members of the Board, at least one of whom is qualified pursuant to subsection 2 of NRS 630.060. The committee may issue orders to aid its investigation including, but not limited to, compelling a physician to appear before the committee. 2. If, after conducting an investigation, the committee determines that there is a reasonable basis for the complaint and that a violation of any provision of this chapter has occurred, the committee may file a formal complaint with the Board. (Added to NRS by 1977, 824; A 1983, 306; 1985, 2239; 1987, 200; 1993, 2302) NRS 630.318 Physical or mental examination of physician; examination to determine medical competence. 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, 630.3068, 690B.250 or 690B.260 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

Vegas Law




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