sician of that physician assistant. [Bd. of Medical Exam’rs, § 630.370, eff. 12?20?79]—(NAC A 6?23?86; 11?21?88; 9?12?91; 1?13?94; R149?97, 3?30?98; R108?01, 11?29?2001; R145?03, 12?16?2003) NAC 630.380 Disciplinary action: Grounds; institution; exception. (NRS 630.130, 630.275) 1. A physician assistant is subject to disciplinary action by the Board if, after notice and hearing in accordance with this chapter, the Board finds that the physician assistant: (a) Has willfully and intentionally made a false or fraudulent statement or submitted a forged or false document in applying for a license; (b) Has held himself out as or permitted another to represent him to be a licensed physician; (c) Has performed medical services otherwise than at the direction or under the supervision of the supervising physician of the physician assistant; (d) Has performed medical services which have not been approved by his supervising physician; (e) Is guilty of gross or repeated malpractice in the performance of medical services for acts committed before October 1, 1997; (f) Is guilty of malpractice in the performance of medical services for acts committed on or after October 1, 1997; (g) Is guilty of disobedience of any order of the Board or an investigative committee of the Board, provision in the regulations of the State Board of Health or the State Board of Pharmacy or provision of this chapter; (h) Is guilty of administering, dispensing or possessing any controlled substance otherwise than in the course of legitimate medical services or as authorized by law and his supervising physician; (i) Has been convicted of a violation of any federal or state law regulating the prescribing, possession, distribution or use of a controlled substance; (j) Is not competent to provide medical services; (k) Failed to notify the Board of loss of certification by the National Commission on Certification of Physician Assistants; (l) Is guilty of violating a provision of NAC 630.230; (m) Is guilty of violating a provision of NRS 630.301 to 630.3065, inclusive; or (n) Is guilty of violating a provision of subsection 2 or 3 of NAC 630.340. 2. To institute disciplinary action against a physician assistant, a written complaint, specifying the charges, must be filed with the Board by the investigative committee of the Board. 3. A physician assistant is not subject to disciplinary action solely for 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. [Bd. of Medical Exam’rs, § 630.380, eff. 12?20?79]—(NAC A 6?23?86; 9?12?91; 1?13?94; R149?97, 3?30?98; R007?99, 9?27?99; R089?00, 7?19?2000; R108?01, 11?29?2001; R145?03, 12?16?2003) NAC 630.390 Disciplinary action: Notice of charges. (NRS 630.130, 630.275) Before the Board takes disciplinary action against a physician assistant, the Board will give to the physician assistant and to his supervising physician a written notice specifying the charges made against the physician assistant and stating that the charges will be heard at the time and place indicated in the notice. The notice will be served on the physician assistant and the supervising physician at least 20 days before the date fixed for the hearing. Service of the notice will be made and any investigation and subsequent disciplinary proceedings will be conducted in the same manner as provided by law for disciplinary actions against physicians. [Bd. of Medical Exam’rs, § 630.390, eff. 12?20?79]—(NAC A 6?23?86; R149?97, 3?30?98; R108?01, 11?29?2001) NAC 630.395 Examination to test medical competence. (NRS 630.130, 630.275) If there is reason to believe that the conduct of any licensed physician assistant has raised a reasonable question as to his competence to practice with reasonable skill and safety to patients, an examination testing the medical competence of the physician assistant may be ordered by the Board or the investigative committee of the Board to determine his fitness to practice. A physician assistant who is subject to an examination pursuant to this section shall pay the cost of the examination. (Added to NAC by Bd. of Medical Exam’rs, eff. 6?23?86; A by R149?97, 3?30?98; R007?99, 9?27?99; R108?01, 11?29?2001) NAC 630.400 Examination to determine fitness to practice. (NRS 630.130, 630.275) 1. If the Board or any investigative committee of the Board has reason to believe that the conduct of any physician assistant has raised a reasonable question as to his competence to practice as a physician assistant with reasonable skill and safety to patients, it may order that the physician assistant undergo a mental or physical examination or an examination testing his competence to practice as a physician assistant by physicians or any other examination designated by the Board to assist the Board or committee in determining the fitness of the physician assistant to practice as a physician assistant. 2. Every physician assistant who applies for or is issued a license and who accepts the privilege of performing medical services in this State shall be deemed to have given his consent to submit to such an examination pursuant to subsection 1 when he is directed to do so in writing by the Board. 3. For the purpose of this section, the report of testimony or examination by the examining physicians does not constitute a privileged communication. 4. Except in extraordinary circumstances, as determined by the Board, the failure of a licensed physician assistant to submit to an examination when he is directed to do so pursuant to this section constitutes an admission of the charges against him. A default and final order may be entered without the taking of testimony or presentation of evidence. 5. A physician assistant who is subject to an examination pursuant to this section shall pay the costs of the examination. [Bd. of Medical Exam’rs, § 630.400, eff. 12?20?79]—(NAC A 6?23?86; 1?13?94; R149?97, 3?30?98; R007?99, 9?27?99; R108?01, 11?29?2001) NAC 630.410 Determination after notice and hearing: Sanctions or dismissal of charges. (NRS 630.130, 630.275) If the Board finds, by a preponderance of the evidence, after notice and hearing in accordance with this chapter, that: 1. The charges in the complaint against the physician assistant are true, the Board will issue and serve on the physician assistant its written findings and any order of sanctions. The following sanctions may be imposed by order: (a) Placement on probation for a specified period on any of the conditions specified in the order. (b) Administration of a public reprimand. (c) Limitation of his practice or exclusion of one or more specified branches of medicine from his practice. (d) Suspension of his license, for a specified period or until further order of the Board. (e) Revocation of his license to practice. (f) A requirement that he participate in a program to correct alcohol or drug dependence or any other impairment. (g) A requirement that there be additional and specified supervision of his practice. (h) A requirement that he perform community service without compensation. (i) A requirement that he take a physical or mental examination or an examination testing his medical competence. (j) A requirement that he fulfill certain training or educational requirements, or both, as specified by the Board. (k) A fine not to exceed $5,000. (l) A requirement that the physician assistant pay all costs incurred by the Board relating to the disciplinary proceedings. 2. No violation has occurred, it will issue a written order dismissing the charges and notify the physician assistant that the charges have been dismissed. If the disciplinary proceedings were initiated as a result of a complaint filed against the physici

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