ocation of the license at any time by the Board in accordance with the provisions of this section. 2. 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. (Added to NRS by 2003, 3428) NRS 630.352 Disposition of charges: Service of order finding violation or notice of dismissal of charges; disclosure of complaint; required disciplinary action for violations; private reprimands prohibited; orders imposing discipline deemed public records. 1. Any member of the Board, except for an advisory member serving on a panel of the Board hearing charges, may participate in the final order of the Board. If the Board, after a formal hearing, determines from a preponderance of the evidence that a violation of the provisions of this chapter or of the regulations of the Board has occurred, it shall issue and serve on the physician charged an order, in writing, containing its findings and any sanctions. 2. If the Board determines that no violation has occurred, it shall dismiss the charges, in writing, and notify the physician that the charges have been dismissed. If the disciplinary proceedings were instituted against the physician as a result of a complaint filed against him, the Board may provide the physician with a copy of the complaint. 3. Except as otherwise provided in subsection 4, if the Board finds that a violation has occurred, it shall by order take one or more of the following actions: (a) Place the person on probation for a specified period on any of the conditions specified in the order; (b) Administer to him a public reprimand; (c) Limit his practice or exclude one or more specified branches of medicine from his practice; (d) Suspend his license for a specified period or until further order of the Board; (e) Revoke his license to practice medicine, but only in accordance with the provisions of NRS 630.348; (f) Require him to participate in a program to correct alcohol or drug dependence or any other impairment; (g) Require supervision of his practice; (h) Impose a fine not to exceed $5,000; (i) Require him to perform community service without compensation; (j) Require him to take a physical or mental examination or an examination testing his competence; and (k) Require him to fulfill certain training or educational requirements. 4. If the Board finds that the physician has violated the provisions of NRS 439B.425, the Board shall suspend his license for a specified period or until further order of the Board. 5. The Board shall not administer a private reprimand if the Board finds that a violation has occurred. 6. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records. (Added to NRS by 1977, 826; A 1985, 2243; 1989, 664; 1991, 2438; 1993, 2597; 1997, 685; 2001, 770; 2001 Special Session, 153, 161; 2003, 3436) NRS 630.355 Acts constituting contempt; stay of related disciplinary proceedings; transfer of jurisdiction to district court; penalties; manner in which person may purge himself of contempt. 1. If a person, in a proceeding before the Board, a hearing officer or a panel of the Board: (a) Disobeys or resists a lawful order; (b) Refuses to take an oath or affirmation as a witness; (c) Refuses to be examined; or (d) Engages in conduct during a hearing or so near the place thereof as to obstruct the proceeding, the Board, hearing officer or panel may certify the facts to the district court of the county in which the proceeding is being conducted. Such a certification operates as a stay of all related disciplinary proceedings. The court shall issue an order directing the person to appear before the court and show cause why he should not be held in contempt. 2. A copy of the statement of the Board, hearing officer or panel, and the order of the district court issued pursuant to subsection 1, must be served on the person. Thereafter, the court has jurisdiction of the matter. 3. The same proceedings must be had, the same penalties may be imposed and the person may purge himself of the contempt in the same way as in the case of a person who has committed a contempt in the trial of a civil action. (Added to NRS by 1997, 679; A 2001, 771) NRS 630.356 Judicial review; effective date of order; stay of Board’s order by court prohibited. 1. Any person aggrieved by a final order of the Board is entitled to judicial review of the Board’s order. 2. Every order that imposes a sanction against a licensee pursuant to subsection 3 or 4 of NRS 630.352 or any regulation of the Board is effective from the date the Secretary-Treasurer certifies the order until the date the order is modified or reversed by a final judgment of the court. The court shall not stay the order of the Board pending a final determination by the court. 3. The district court shall give a petition for judicial review of the Board’s order priority over other civil matters which are not expressly given priority by law. (Added to NRS by 1977, 827; A 1979, 957; 1985, 2244; 2001, 771) NRS 630.358 Restoration of license. 1. 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 license. 2. 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. 3. 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. 4. 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. 5. To restore a license that has been revoked by the Board, the applicant must apply for a license and take an examination as though he had never been licensed under this chapter. (Added to NRS by 1977, 827; A 1985, 2244; 2001, 771) Miscellaneous Provisions NRS 630.364 Immunity from civil action. 1. Any person or organization who furnishes information concerning an applicant for a license or a licensee in good faith and without malicious intent in accordance with the provisions of this chapter is immune from any civil action for furnishing that information. 2. The Board and any of its members and its staff, counsel, investigators, experts, committees, panels, hearing officers and consultants are immune from any civil liability for: (a) Any decision or action taken in good faith and without malicious intent in response to information acquired by the Board. (b) Disseminating information concerning an applicant for a license or a licensee to other boards or agencies of the Sta

Vegas Law