Nevada Board Of Nursing

1.  The Governor shall appoint:

(a) Three registered nurses who are graduates of an accredited school of nursing, are licensed as professional nurses in the State of Nevada and have been actively engaged in nursing for at least 5 years preceding the appointment.

(b) One practical nurse who is a graduate of an accredited school of practical nursing, is licensed as a practical nurse in this State and has been actively engaged in nursing for at least 5 years preceding the appointment.

(c) One nursing assistant who is certified pursuant to the provisions of this chapter.

(d) One member who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care. This member may be licensed under the provisions of this chapter.

(e) One member who is a representative of the general public. This member must not be:

(1) A licensed practical nurse, a registered nurse, a nursing assistant or an advanced practice registered nurse; or

(2) The spouse or the parent or child, by blood, marriage or adoption, of a licensed practical nurse, a registered nurse, a nursing assistant or an advanced practice registered nurse.

2.  Each member of the Board must be:

(a) A citizen of the United States; and

(b) A resident of the State of Nevada who has resided in this State for not less than 2 years.

3.  A representative of the general public may not:

(a) Have a fiduciary obligation to a hospital or other health agency;

(b) Have a material financial interest in the rendering of health services; or

(c) Be employed in the administration of health activities or the performance of health services.

4.  The members appointed to the Board pursuant to paragraphs (a) and (b) of subsection 1 must be selected to provide the broadest representation of the various activities, responsibilities and types of service within the practice of nursing and related areas, which may include, without limitation, experience:

(a) In administration.

(b) In education.

(c) As an advanced practice registered nurse.

(d) In an agency or clinic whose primary purpose is to provide medical assistance to persons of low and moderate incomes.

(e) In a licensed medical facility.

5.  Each member of the Board shall serve a term of 4 years. If a vacancy occurs during a member’s term, the Governor shall appoint a person qualified under this chapter to replace that member for the remainder of the unexpired term.

6.  No member of the Board may serve more than two consecutive terms. For the purposes of this subsection, service of 2 or more years in filling an unexpired term constitutes a term. NRS 632.030

Generally, the Nevada Board of Nursing can refuse licensure to any applicant that has been convicted of a crime. If you have been convicted of a crime you will have an opportunity to address the Board of Nursing to explain mitigating circumstances and rehabilitation. The type of conviction is significant in determining whether a license will be issued or revoked. The denial of licensure is as impactful as a disciplinary action, do not let a past mistake keep you from the career of your dreams. It is imperative, even at an early stage, to invoke highly qualified legal counsel to guide you through the licensing process. The Spartacus Law Firm has an in-depth understanding of the Nevada Board of Nursing’s disciplinary process, and can assist you with obtaining or keeping your license from being suspended or revoked.

If you have already been granted a nursing license in the State of Nevada and have been convicted of a crime after your license has been issued the Nevada Board of Nursing subjects you to periodic background checks therefore it is important to self-report any criminal conviction and invoke the assistance of qualified legal counsel to ensure your license, reputation, and livelihood is not in peril.

The list below outlines the statutory guidelines for denial, revocation, or suspension of a nursing license:

1.  The Board may deny, revoke or suspend any license or certificate applied for or issued pursuant to this chapter, or take other disciplinary action against a licensee or holder of a certificate, upon determining that the licensee or certificate holder:
(a) Is guilty of fraud or deceit in procuring or attempting to procure a license or certificate pursuant to this chapter.
(b) Is guilty of any offense:
(1) Involving moral turpitude; or
(2) Related to the qualifications, functions or duties of a licensee or holder of a certificate,
Ê in which case the record of conviction is conclusive evidence thereof.
(c) Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.
(d) Is unfit or incompetent by reason of gross negligence or recklessness in carrying out usual nursing functions.
(e) Uses any controlled substance, dangerous drug as defined in chapter 454 of NRS, or intoxicating liquor to an extent or in a manner which is dangerous or injurious to any other person or which impairs his or her ability to conduct the practice authorized by the license or certificate.
(f) Is a person with mental incompetence.
(g) Is guilty of unprofessional conduct, which includes, but is not limited to, the following:
(1) Conviction of practicing medicine without a license in violation of chapter 630 of NRS, in which case the record of conviction is conclusive evidence thereof.
(2) Impersonating any applicant or acting as proxy for an applicant in any examination required pursuant to this chapter for the issuance of a license or certificate.
(3) Impersonating another licensed practitioner or holder of a certificate.
(4) Permitting or allowing another person to use his or her license or certificate to practice as a licensed practical nurse, registered nurse, nursing assistant or medication aide – certified.
(5) Repeated malpractice, which may be evidenced by claims of malpractice settled against the licensee or certificate holder.
(6) Physical, verbal or psychological abuse of a patient.
(7) Conviction for the use or unlawful possession of a controlled substance or dangerous drug as defined in chapter 454 of NRS.
(h) Has willfully or repeatedly violated the provisions of this chapter. The voluntary surrender of a license or certificate issued pursuant to this chapter is prima facie evidence that the licensee or certificate holder has committed or expects to commit a violation of this chapter.
(i) Is guilty of aiding or abetting any person in a violation of this chapter.
(j) Has falsified an entry on a patient’s medical chart concerning a controlled substance.
(k) Has falsified information which was given to a physician, pharmacist, podiatric physician or dentist to obtain a controlled substance.
(l) Has knowingly procured or administered a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:
(1) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;
(2) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328;
(3) Is marijuana being used for medical purposes in accordance with chapter 453A of NRS; or
(4) Is an investigational drug or biological product prescribed to a patient pursuant to NRS 630.3735 or 633.6945.
(m) Has been disciplined in another state in connection with a license to practice nursing or a certificate to practice as a nursing assistant or medication aide – certified, or has committed an act in another state which would constitute a violation of this chapter.
(n) Has engaged in conduct likely to deceive, defraud or endanger a patient or the general public.
(o) Has willfully failed to comply with a regulation, subpoena or order of the Board.
(p) Has operated a medical facility at any time during which:
(1) The license of the facility was suspended or revoked; or
(2) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160.
Ê This paragraph applies to an owner or other principal responsible for the operation of the facility.
(q) Is an advanced practice registered nurse who has failed to obtain any training required by the Board pursuant to NRS 632.2375.
(r) Is an advanced practice registered nurse who has failed to comply with the provisions of NRS 453.163, 453.164, 453.226, 639.23507, 639.2391 to 639.23916, inclusive, and any regulations adopted by the State Board of Pharmacy pursuant thereto.
(s) Has engaged in the fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, administering or dispensing of a controlled substance listed in schedule II, III or IV.
(t) Has violated the provisions of NRS 454.217 or 629.086.
2.  For the purposes of this section, a plea or verdict of guilty or guilty but mentally ill or a plea of nolo contendere constitutes a conviction of an offense. The Board may take disciplinary action pending the appeal of a conviction.
3.  A licensee or certificate holder is not subject to disciplinary action solely for administering auto-injectable epinephrine pursuant to a valid order issued pursuant to NRS 630.374 or 633.707.
4.  As used in this section, “investigational drug or biological product” has the meaning ascribed to it in NRS 454.351, NRS 632.347

The disciplinary process begins after the filing of a complaint with the Nevada Board of Nursing pursuant to the Nevada Administrative Code 632.916. At least 20 days before a hearing on any formal disciplinary matter, the complaint and notice of the hearing will be mailed to the person named in the complaint by certified mail to the last known address shown on the records of the Board. The complaint and notice of hearing may be included in the same document. There is a rebuttable presumption that a complaint and notice of hearing has been received by a respondent 10 days after the date the complaint and notice of hearing were deposited with the United States Postal System.

A Complaint may be withdrawn by the Board at anytime, which is why it is imperative to invoke experienced legal counsel such as the Spartacus Law Firm as early as possible in the process NAC 632.9165.

1.  If the Board determines that a licensee or holder of a certificate has committed any of the acts set forth in NRS 632.347, it may take any one or more of the following disciplinary actions:
(a) Place conditions, limitations or restrictions on the license or certificate.
(b) Impose and collect an administrative fine of not more than $5,000.
(c) Publicly reprimand the licensee or holder of a certificate.
(d) Accept the voluntary surrender of a license or certificate in lieu of imposing any other disciplinary action set forth in this subsection.
2.  If the Board determines that:
(a) A person whose license or certificate is suspended or voluntarily surrendered, or has been placed on an inactive list pursuant to NRS 632.341, has committed, during the period the license or certificate was valid, inactive or would have been valid if not for the suspension or surrender; or
(b) An applicant for the renewal or reinstatement of a license or certificate has committed, at any time after the most recent renewal of the license or certificate or the issuance of the original license or certificate if it has not been renewed,
Ê any of the acts set forth in NRS 632.347, the Board may take any one or more of the disciplinary actions set forth in subsection 1.
3.  The Board shall not privately reprimand a licensee or holder of a certificate.
4.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records. NRS 632.349

Only the following motions may be made before the Nevada Board of Nursing Disciplinary Panel NAC 632.921:

(a) To request the dismissal of the complaint for a failure to state facts which, if true, would form a sufficient basis for discipline.
(b) To request the dismissal of the complaint if the petitioner has concluded the presentation of his or her case and has failed to meet his or her burden of proof.
(c) To request a continuance or extension of time.
(d) To request an order granting a rehearing.
(e) To request a reconsideration of the decision of the Board.
(f) To request the exclusion of a member of the Board or the hearing officer from participation in the hearing or deliberation for good cause.
(g) To request that an order be vacated or modified.
(h) To request the separation of cases which have been consolidated pursuant to NAC 632.9175.
(i) To limit or quash a subpoena issued by the Board.
3.  The Board may require oral argument and the submission of additional facts or evidence to decide a motion.
4.  A written motion must be served on the opposing party and the Board at least 10 days before the time set for the hearing on the motion

The Nursing Board’s decisions are subject to judicial review under NRS Chapter 233B. See NRS 233B.020 (setting forth the legislative intent for the Nevada Administrative Procedure Act (APA)); NRS 233B.039 (listing the only agencies exempted from the APA); NRS 233B.130(6) (explaining that the APA provides the exclusive means of judicial action concerning an agency’s final decision in a contested case). An Appellate Court’s role in reviewing an administrative decision is identical to that of the district court. Ruggles v. Public Service Comm’n, 109 Nev. 36, 40, 846 P.2d 299, 301 (1993) (citation omitted). Court’s have an obligation to affirm a decision by the agency that is supported by substantial evidence. Mishler v. State, Bd. of Med. Examiners, 109 Nev. 287, 292, 849 P.2d 291, 294 (1993). “When the factual findings of the administrative agency are supported by the evidence, they are conclusive, and the district court is limited to a determination of whether the agency acted arbitrarily or capriciously.” Id. at 292, 849 P.2d at 294 (citation omitted); see NRS 233B.135(3). However, the court may set aside the agency’s decision if the agency has prejudiced substantial rights. Mishler, 109 Nev. at 292, 849 P.2d at 294. With respect to a disciplinary proceeding against a licensed professional, a reviewing court has an obligation to look beyond the label given to a conviction to the true nature of the facts, in order to determine whether the underlying circumstances of the conviction warrant discipline.

An appellant must file their petition for judicial review within 30 days after service of the Board’s order, otherwise a district court will lack jurisdiction to consider an appellant’s arguments. See NRS 632.400(2) (explaining when the Board’s decision becomes effective); NRS 233B.130(2)(c) (requiring that a petition for judicial review be filed within 30 days after service of the agency’s final decision); Mikohn Gaming v. Espinosa, 122 Nev, 593, 598, 137 P. 3d 1150, 1154 (2006) (explaining that the district court is divested of jurisdiction if the petition for judicial review is not timely filed within the 30-day limitation period).

The Nevada Board of Nursing has established an alternative to discipline program. This program has been established for nurses and CNAs whose practice may be impaired due to chemical dependency. The program allows nurses to maintain their employment while concurrently being enrolled in a Board approved chemical dependency program. Significantly, this program is no-disciplinary and non-public.

The attorneys at the Spartacus Law Firm can discuss whether this program is a fit for your case and get you enrolled in a non-disciplinary program while maintaining your license. Please contact us today if you are facing a complaint or discipline before the Nevada Board of Nursing.