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espiratory care knows, or has reason to know, is in violation of the provisions of chapter 630 of NRS or NAC 630.500 to 630.560, inclusive, relating to the practice of respiratory care.
21. Has been convicted of a violation of any federal or state law regulating the prescription, possession, distribution or use of a controlled substance.
22. Held himself out or permitted another to represent him as a licensed physician.
23. Violated any provision that would subject a practitioner of medicine to discipline pursuant to NRS 630.301 to 630.3065, inclusive, or NAC 630.230.
(Added to NAC by Bd. of Medical Exam’rs by R108?01, eff. 11?29?2001)
NAC 630.545 Disciplinary action: Notice of charges. (NRS 630.130, 630.279) Before the Board takes disciplinary action against a practitioner of respiratory care, the Board will give to the practitioner of respiratory care a written notice specifying the charges made against the practitioner of respiratory care and stating that the charges will be heard at the time and place indicated in the notice. The notice will be served on the practitioner of respiratory care at least 20 days before the date fixed for the hearing. Service of the notice will be made, and any investigation and subsequent proceedings will be conducted in the same manner as provided by law for disciplinary actions against physicians.
(Added to NAC by Bd. of Medical Exam’rs by R108?01, eff. 11?29?2001)
NAC 630.550 Examination to determine fitness to practice. (NRS 630.130, 630.279)
1. If the Board or any investigative committee of the Board has reason to believe that the conduct of any practitioner of respiratory care has raised a reasonable question as to his competence to practice as a practitioner of respiratory care with reasonable skill and safety to patients, the Board may order that the practitioner of respiratory care undergo a mental or physical examination or an examination testing his competence to practice as a practitioner of respiratory care administered by physicians or practitioners of respiratory care or any other examination designated by the Board to assist the Board or committee in determining the fitness of the practitioner of respiratory care to practice as a practitioner of respiratory care.
2. Every practitioner of respiratory care who applies for or is issued a license and who accepts the privilege of performing respiratory care in this State shall be deemed to have given his consent to submit to such an examination pursuant to subsection 1 if he is directed to do so in writing by the Board.
3. For the purpose of this section, a report of the testimony or an examination by an examining physician or practitioner of respiratory care does not constitute a privileged communication.
4. Except in extraordinary circumstances, as determined by the Board, the failure of a licensed practitioner of respiratory care to submit to an examination if 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 practitioner of respiratory care who is subject to an examination pursuant to this section shall pay the costs of the examination.
(Added to NAC by Bd. of Medical Exam’rs by R108?01, eff. 11?29?2001)
NAC 630.555 Determination after notice and hearing: Sanctions or dismissal of charges. (NRS 630.130, 630.279) If the Board finds, by a preponderance of the evidence, after notice and hearing in accordance with this chapter, that:
1. The charges in a complaint against a practitioner of respiratory care are true, the Board will issue and serve on the practitioner of respiratory care its written findings and any order of sanctions. The following sanctions may be imposed on a practitioner of respiratory care by order of the Board:
(a) Placement on probation for a specified period on any of the conditions specified in the order.
(b) Administration of a public reprimand.
(c) Suspension of his license for a specified period or until further order of the Board.
(d) Revocation of his license to practice.
(e) A requirement that he participate in a program to correct alcohol or drug dependence or any other impairment.
(f ) A requirement that there be specified supervision of his practice.
(g) A requirement that he perform public service without compensation.
(h) A requirement that he take a physical or mental examination or an examination testing his medical competence.
(i) A requirement that he fulfill certain training or educational requirements, or both, as specified by the Board.
( j) A fine not to exceed $1,500.
(k) A requirement that the practitioner of respiratory care pay all costs incurred by the Board relating to the disciplinary proceedings.
2. No violation has occurred, the Board will issue a written order dismissing the charges and notify the practitioner of respiratory care that the charges have been dismissed. If the disciplinary proceedings were initiated as a result of a complaint filed against the practitioner of respiratory care, the Board may provide to the practitioner of respiratory care a copy of the complaint and the name of the person who filed the complaint.
(Added to NAC by Bd. of Medical Exam’rs by R108?01, eff. 11?29?2001)
NAC 630.560 Advisory committee. (NRS 630.130, 630.279)
1. The Board will appoint three licensed practitioners of respiratory care to an advisory committee. These practitioners of respiratory care must have lived in and actively and continuously practiced in this State as practitioners of respiratory care for at least 3 years before their appointment.
2. The Board will give appointees to the advisory committee written notice of their appointment and terms of office and a written summary of any projects pending before the committee.
3. At the request of the Board, the advisory committee shall review and make recommendations to the Board concerning any matters relating to licensed practitioners of respiratory care.
(Added to NAC by Bd. of Medical Exam’rs by R108?01, eff. 11?29?2001)
USE OF MEANS OR INSTRUMENTALITIES OF TREATMENT OTHER THAN CONVENTIONAL TREATMENT
NAC 630.600 “Conventional treatment” defined. (NRS 630.130) As used in NAC 630.600 to 630.630, inclusive, unless the context otherwise requires, “conventional treatment” means the health care methods of diagnoses, treatments or interventions that are:
1. Generally accepted methods of routine practice offered by most licensed physicians;
2. Based upon medical training, experience and peer-reviewed scientific literature; and
3. Ordinarily utilized by physicians in good standing practicing in the same specialty or field.
(Added to NAC by Bd. of Medical Exam’rs by R108?01, eff. 11?29?2001)
NAC 630.605 Provisional approval; disciplinary action for violation. (NRS 630.130) Except as otherwise provided in NAC 630.610 to 630.630, inclusive, a licensee may practice medicine by utilizing any means or instrumentality. A licensee is subject to disciplinary action by the Board if the Board finds that the licensee has violated any of the provisions of NAC 630.610 to 630.630, inclusive.
(Added to NAC by Bd. of Medical Exam’rs by R108?01, eff. 11?29?2001)
NAC 630.610 Use of certain means or instrumentalities prohibited. (NRS 630.130) A licensee shall not practice medicine by utilizing any means or instrumentality that:
1. Has a risk for a patient which is unreasonably greater than the means or instrumentality ordinarily utilized by physicians in good standing practicing in the same specialty or field; or
2. Is provided as a substitute for any conventional treatment which has proven to be of substantial benefit to the patient.
(Added to NAC by Bd. of Medical Exam’rs by R108?01, eff. 11?29?2001)
NAC 630.615 Assessme
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