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majority of the members of the Board. 2. If a licensee fails to appear at a scheduled hearing and no continuance has been requested and granted, the evidence may be heard and the matter may be considered and disposed of on the basis of the evidence before the Board, panel or hearing officer in the manner required by this section. 3. The presiding member of the Board or panel, or the hearing officer will call the hearing to order and proceed to take the appearances on behalf of the Board, panel or hearing officer and the licensee, any other party and their counsel. The Board, panel or hearing officer will act upon any pending motions, stipulations and preliminary matters. The notice of hearing, complaint, petition, answer, response or written stipulation becomes a part of the record without being read unless a party requests that the document be read verbatim into the record. The Board will present its evidence first and then the licensee will submit his evidence. Closing statements by the parties may be allowed by the Board, panel or hearing officer. 4. Prehearing depositions of witnesses and parties may not be taken and no formal discovery of evidence, except as otherwise provided in NAC 630.465, will be allowed. 5. The Board, panel or hearing officer will hear the evidence presented, make appropriate rulings on the admissibility of evidence, and maintain procedure and order during the hearing. The Board, panel or hearing officer may not dismiss the complaint. 6. The presiding member of the Board or panel or the hearing officer may, upon his motion or the motion of a party, order a witness, other than the licensee, to be excluded from the hearing to prevent that witness from hearing the testimony of another witness at the hearing. 7. Briefs must be filed upon the order of the Board, panel or hearing officer. The time for filing briefs will be set by the Board, panel or hearing officer. 8. The hearing officer or panel of members of the Board conducting a hearing shall: (a) Submit to the Board a synopsis of the testimony taken at the hearing; and (b) Make a recommendation to the Board on the veracity of witnesses if there is conflicting evidence or the credibility of witnesses is a determining factor. 9. A case shall be deemed submitted for decision by the Board after the taking of evidence, the filing of briefs or the presentation of such oral arguments as may have been permitted, the filing of the transcript of the hearing and the filing of the synopsis of the testimony taken at the hearing. The Board will issue its order or render its decision within 90 days after the hearing or the submission of the case, whichever is later. (Added to NAC by Bd. of Medical Exam’rs, eff. 6?23?86; A 1?13?94; R149?97, 3?30?98; R108?01, 11?29?2001) NAC 630.475 Subpoenas. (NRS 630.130) 1. A subpoena issued pursuant to NRS 630.140 must specify the name of the witness and specifically identify the books, X rays, medical records or other papers which are required to be produced. 2. The Board or a person acting on its behalf will not issue a subpoena to compel the attendance of a member of the Board or a licensee at a hearing or require a member of the Board or a licensee to produce books, X rays, medical records or any other papers during a hearing. 3. The Board or a person acting on its behalf will not petition the district court for an order compelling compliance with a subpoena unless: (a) At the time the subpoena is served, the witness is tendered: (1) A fee of $25 for the first day of attendance at the hearing; (2) An allowance for travel which is equal to the allowance for travel by private conveyance provided for state officers and employees generally; and (3) A per diem allowance equal to the per diem allowance provided for state officers and employees generally. (b) It is served upon the witness at least 120 hours before he is required to appear at the hearing. (Added to NAC by Bd. of Medical Exam’rs, eff. 1?13?94; A by R149?97, 3?30?98) COLLABORATING OR SUPERVISING PHYSICIANS NAC 630.490 Collaboration with advanced practitioner of nursing. (NRS 630.130) 1. Except as otherwise provided in this section, a physician may collaborate with an advanced practitioner of nursing if the physician: (a) Holds an active license in good standing to practice medicine; (b) Actually practices medicine in this State; and (c) Has not been specifically prohibited by the Board from acting as a collaborating physician. 2. No physician may collaborate with an advanced practitioner of nursing whose scope of practice or medical competence is other than the scope of practice or medical competence of the physician. 3. Before collaborating with an advanced practitioner of nursing, a physician, on a form prescribed by the Board, shall notify the Board of the name and location of the practice of the advanced practitioner of nursing and the portion of the practice of the advanced practitioner of nursing that the physician will collaborate on with the advanced practitioner of nursing. The notice must contain the signatures of the advanced practitioner of nursing and the collaborating physician. 4. In addition to any other requirements, if the State Board of Nursing pursuant to NRS 632.325 has disciplined an advanced practitioner of nursing, a physician shall not collaborate with that advanced practitioner of nursing unless the physician has been specifically approved by the Board to act as the collaborating physician of that advanced practitioner of nursing. 5. A collaborating physician shall immediately notify the Board of the termination of collaboration between the collaborating physician and an advanced practitioner of nursing. For any portion of the practice of the advanced practitioner of nursing that the collaborating physician terminating collaboration with the advanced practitioner of nursing collaborated, no physician shall collaborate with the advanced practitioner of nursing until the physician submits notice to the Board pursuant to subsection 4. 6. The collaborating physician or his substitute shall be available at all times that the advanced practitioner of nursing is providing medical services to consult with the advanced practitioner of nursing. Those consultations may be indirect, including, without limitation, by telephone. 7. The collaborating physician shall, at least once a month, spend part of a day at any location where the advanced practitioner of nursing provides medical services to act as consultant to the advanced practitioner of nursing and to monitor the quality of care provided by an advanced practitioner of nursing. 8. The collaborating physician shall develop and carry out a program to ensure the quality of care provided by an advanced practitioner of nursing. The program must include, without limitation: (a) An assessment of the medical competency of the advanced practitioner of nursing; (b) A review and initialing of selected charts; (c) An assessment of a representative sample of referrals or consultations made by the advanced practitioner of nursing with another health professional as required by the condition of the patient; (d) Direct observation of the ability of the advanced practitioner of nursing to take a medical history from and perform an examination of patients representative of those cared for by the advanced practitioner of nursing; and (e) Maintenance of accurate records and documentation of the program for each advanced practitioner of nursing with whom the physician collaborated. 9. The collaborating physician shall ensure that the advanced practitioner of nursing: (a) Does not use presigned prescriptions; and (b) Practices in strict compliance with the regulations of the State Board of Pharmacy regarding prescriptions, controlled substances, dangerous drugs and de

Vegas Law




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