|
Wrongful Death |
Car Accident |
Slip & Fall | Malpractice |
Product Defect | Other Claims
Las Vegas Injury Lawyer
Vegas Law
do so in writing by the Board.
(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.
(Added to NRS by 1977, 825; A 1985, 2240; 1987, 200; 2003, 3434)
NRS 630.326 Limitation of time for completion of examination if Board issues order suspending license. If the Board issues an order suspending the license of a physician pending proceedings for disciplinary action and requires the physician to submit to a mental or physical examination or an examination testing his competence to practice medicine, the examination must be conducted and the results obtained not later than 60 days after the Board issues its order.
(Added to NRS by 1977, 825; A 1985, 2241)
NRS 630.329 Stay of order of suspension by court prohibited. If the Board issues an order suspending the license of a physician, physician assistant or practitioner of respiratory care pending proceedings for disciplinary action, the court shall not stay that order.
(Added to NRS by 1977, 825; A 1985, 2241; 2001, 768)
NRS 630.336 Confidentiality of certain proceedings, reports, complaints, investigations, records and other information; exceptions.
1. Any deliberations conducted or vote taken by 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. 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) Any report concerning the fitness of any person to receive or hold a license to practice medicine or respiratory care; and
(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.
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.
(Added to NRS by 1977, 826; A 1985, 2241; 1987, 201; 1989, 664; 2001, 769; 2003, 3435)
Disciplinary Proceedings
NRS 630.339 Notice of hearing and charges to be furnished to licensee.
1. If a committee designated by the Board to conduct an investigation of a complaint decides to proceed with disciplinary action, it shall bring charges against the licensee. If charges are brought, the Board shall fix a time and place for a formal hearing. If the Board receives a report pursuant to subsection 5 of NRS 228.420, such a hearing must be held within 30 days after receiving the report. The Board shall notify the licensee of the charges brought against him, the time and place set for the hearing, and the possible sanctions authorized in NRS 630.352.
2. The Board, a hearing officer or a panel of its members designated by the Board shall hold the formal hearing on the charges at the time and place designated in the notification. If the hearing is before a panel, at least one member of the Board who is not a physician must participate in this hearing.
(Added to NRS by 1977, 826; A 1983, 306; 1985, 2242; 1987, 202; 1993, 783, 2303)
NRS 630.342 Submission of fingerprints required upon initiation of disciplinary action; additional grounds for disciplinary action.
1. Any physician against whom the Board initiates disciplinary action pursuant to this chapter shall, within 30 days after the physician’s receipt of notification of the initiation of the disciplinary action, submit to the Board a complete set of his fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.
2. The willful failure of a physician to comply with the requirements of subsection 1 constitutes additional grounds for disciplinary action and the revocation of the license of the physician.
3. The Board has additional grounds for initiating disciplinary action against a physician if the report from the Federal Bureau of Investigation indicates that the physician has been convicted of:
(a) An act that is a ground for disciplinary action pursuant to NRS 630.301 to 630.3066, inclusive; or
(b) A violation of NRS 630.400.
(Added to NRS by 2005, 2522)
NRS 630.344 Service of process.
1. Service of process under this chapter must be made on a licensee personally, or by registered or certified mail with return receipt requested addressed to the licensee at his last known address. If personal service cannot be made and if notice by mail is returned undelivered, the Secretary-Treasurer of the Board shall cause notice to be published once a week for 4 consecutive weeks in a newspaper published in the county of the last known address of the licensee or, if no newspaper is published in that county, then in a newspaper widely distributed in that county.
2. Proof of service of process or publication of notice made under this chapter must be filed with the Board and recorded in the minutes of the Board.
(Added to NRS by 1977, 826; A 1985, 2242; 2001, 769)
NRS 630.346 Requirements for proof. In any disciplinary hearing:
1. The Board, a panel of the members of the Board and a hearing officer are not bound by formal rules of evidence and a witness must not be barred from testifying solely because he was or is incompetent.
2. Proof of actual injury need not be established.
3. A certified copy of the record of a court or a licensing agency showing a conviction or plea of nolo contendere or the suspension, revocation, limitation, modification, denial or surrender of a license to practice medicine or respiratory care is conclusive evidence of its occurrence.
(Added to NRS by 1977, 826; A 1985, 2243; 2001, 770)
NRS 630.348 Standards for revocation of license.
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 rev
Vegas Law
Read this important disclaimer
If you experience unusual problems with this site please email the webmaster.
Copyright: David Matheny, 2005-2008.
|