NRS 630.339 Contents of formal complaint; answer; case conference; procedure for hearing resulting from report of violations of Industrial Insurance Act; formal hearing.
1. If a committee designated by the Board to conduct an investigation of a complaint decides to proceed with disciplinary action, it shall bring charges against the licensee by filing a formal complaint. The formal complaint must include a written statement setting forth the charges alleged and setting forth in concise and plain language each act or omission of the respondent upon which the charges are based. The formal complaint must be prepared with sufficient clarity to ensure that the respondent is able to prepare a defense. The formal complaint must specify any applicable law or regulation that the respondent is alleged to have violated. The formal complaint may be signed by the chair of the investigative committee or the legal counsel for the Board.
2. The respondent may file an answer to the formal complaint within 20 days after service of the complaint upon the respondent. An answer must state in concise and plain language the respondent’s defenses to each charge set forth in the complaint and must admit or deny the averments stated in the complaint. If a party fails to file an answer within the time prescribed, the party shall be deemed to have generally denied the allegations of the formal complaint and the Board or an investigative committee of the Board may proceed pursuant to this section in the same manner as if the answer were timely filed.
3. Within 20 days after the filing of an answer or 20 days after the date on which an answer is due, whichever is earlier, the parties shall hold an early case conference at which the parties and a hearing officer appointed by the Board or a member of the Board must preside. At the early case conference, the parties shall in good faith:
(a) Set the earliest possible hearing date agreeable to the parties and the hearing officer, panel of the Board or the Board, including the estimated duration of the hearing;
(b) Set dates:
(1) By which all documents must be exchanged;
(2) By which all prehearing motions and responses thereto must be filed;
(3) On which to hold the prehearing conference; and
(4) For any other foreseeable actions that may be required for the matter;
(c) Discuss or attempt to resolve all or any portion of the evidentiary or legal issues in the matter;
(d) Discuss the potential for settlement of the matter on terms agreeable to the parties; and
(e) Discuss and deliberate any other issues that may facilitate the timely and fair conduct of the matter.
4. If the Board receives a report pursuant to subsection 5 of NRS 228.420
, such a hearing must be held within 30 days after receiving the report. The Board shall notify the licensee of the charges brought against him or her, the time and place set for the hearing, and the possible sanctions authorized in NRS 630.352
5. A formal hearing must be held at the time and date set at the early case conference by:
(a) The Board;
(b) A hearing officer;
(c) A member of the Board designated by the Board or an investigative committee of the Board;
(d) A panel of members of the Board designated by an investigative committee of the Board or the Board;
(e) A hearing officer together with not more than one member of the Board designated by an investigative committee of the Board or the Board; or
(f) A hearing officer together with a panel of members of the Board designated by an investigative committee of the Board or the Board. If the hearing is before a panel, at least one member of the panel must not be a physician.
6. At any hearing at which at least one member of the Board presides, whether in combination with a hearing officer or other members of the Board, the final determinations regarding credibility, weight of evidence and whether the charges have been proven must be made by the members of the Board. If a hearing officer presides together with one or more members of the Board, the hearing officer shall:
(a) Conduct the hearing;
(b) In consultation with each member of the Board, make rulings upon any objections raised at the hearing;
(c) In consultation with each member of the Board, make rulings concerning any motions made during or after the hearing; and
(d) Within 30 days after the conclusion of the hearing, prepare and file with the Board written findings of fact and conclusions of law in accordance with the determinations made by each member of the Board. NRS 630.342 Submission of fingerprints required upon initiation of disciplinary action; effect of noncompliance; additional grounds for disciplinary action.
1. Any licensee against whom the Board initiates disciplinary action pursuant to this chapter shall, within 30 days after the licensee’s receipt of notification of the initiation of the disciplinary action, submit to the Board a complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.
2. The knowing or willful failure of a licensee to comply with the requirements of subsection 1 constitutes additional grounds for disciplinary action and the revocation of the license of the licensee.
3. The Board has additional grounds for initiating disciplinary action against a licensee if the report from the Federal Bureau of Investigation indicates that the licensee has been convicted of:
(a) An act that is a ground for disciplinary action pursuant to NRS 630.301
, inclusive; or
(b) A violation of NRS 630.400
. NRS 630.344 Service of process; publication of notice.
1. Except as otherwise provided in subsection 2, service of process under this chapter must be made on a licensee personally, or by registered or certified mail with return receipt requested addressed to the licensee at his or her last known address. If personal service cannot be made and if notice by mail is returned undelivered, the President or Secretary-Treasurer of the Board shall cause notice to be published once a week for 4 consecutive weeks in a newspaper published in the county of the last known address of the licensee or, if no newspaper is published i
n that county, then in a newspaper widely distributed in that county.
2. In lieu of the methods of service of process set forth in subsection 1, if the Board obtains written consent from the licensee, service of process under this chapter may be made by electronic mail on the licensee at an electronic mail address designated by the licensee in the written consent.
3. Proof of service of process or publication of notice made under this chapter must be filed with the Board and may be recorded in the minutes of the Board. NRS 630.346
Board, panel or hearing officer not bound by formal rules of evidence; requirements for proof; burden of proof. In any disciplinary hearing
1. The Board, a panel of the members of the Board and a hearing officer are not bound by formal rules of evidence, except that evidence must be taken and considered in the hearing pursuant to NRS 233B.123
, and a witness must not be barred from testifying solely because the witness was or is incompetent.
2. A finding of the Board must be supported by a preponderance of the evidence.
3. Proof of actual injury need not be established.
4. A certified copy of the record of a court or a licensing agency showing a conviction or plea of nolo contendere or the suspension, revocation, limitation, modification, denial or surrender of a license to practice medicine, perfusion or respiratory care is conclusive evidence of its occurrence.
NRS 630.352 Disposition of charges: Adjudication by Board; dismissal of charges or required disciplinary action for violations; private reprimands prohibited; issuance of order imposing discipline; orders imposing discipline deemed public records.
1. Any member of the Board, other than a member of an investigative committee of the Board who participated in any determination regarding a formal complaint in the matter or any member serving on a panel of the Board at the hearing of the matter, may participate in an adjudication to obtain the final order of the Board. At the adjudication, the Board shall consider any findings of fact and conclusions of law submitted after the hearing and shall allow:
(a) Counsel for the Board to present a disciplinary recommendation and argument in support of the disciplinary recommendation subject to the provisions of NRS 622A.200
(b) The respondent or counsel of the respondent to present a disciplinary recommendation and argument in support of the disciplinary recommendation; and
(c) The complainant in the matter to make a statement to the Board regarding the disciplinary recommendations by the parties and to address the effect of the respondent’s conduct upon the complainant or the patient involved, if other than the complainant.
Ê The Board may limit the time within which the parties and the complainant may make their arguments and statements.
2. At the conclusion of the presentations of the parties and the complainant, the Board shall deliberate and may by a majority vote impose discipline based upon the findings of fact and conclusions of law and the presentations of the parties and the complainant.
3. If, in the findings of fact and conclusions of law, the Board, hearing officer or panel of the Board determines that no violation has occurred, the Board shall dismiss the charges, in writing, and notify the respondent that the charges have been dismissed.
4. Except as otherwise provided in subsection 5, 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 a written public reprimand to the person;
(c) Limit the person’s practice or exclude one or more specified branches of medicine from his or her practice;
(d) Suspend the person’s license for a specified period or until further order of the Board;
(e) Revoke the person’s license;
(f) Require the person to participate in a program to correct an alcohol or other substance use disorder or any other impairment;
(g) Require supervision of the person’s practice;
(h) Impose a fine not to exceed $5,000 for each violation;
(i) Require the person to perform community service without compensation;
(j) Require the person to take a physical or mental examination or an examination testing his or her competence; and
(k) Require the person to fulfill certain training or educational requirements.
5. If the Board finds that the respondent has violated the provisions of NRS 439B.425
, the Board shall suspend the respondent’s license for a specified period or until further order of the Board.
6. The Board shall not administer a private reprimand if the Board finds that a violation has occurred.
7. Within 30 days after the conclusion of the adjudication by the Board, the Board shall issue a final order, certified by the Secretary-Treasurer of the Board, that imposes discipline and incorporates the findings of fact and conclusions of law obtained from the hearing. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.
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 or herself 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,
Ê 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 or she 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 or herself 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.
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 4 or 5 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.
NRS 630.358 Removal of limitation on or restoration of license.
1. Any person:
(a) Whose practice of medicine, perfusion or respiratory care has been limited; or
(b) Whose license to practice medicine, perfusion or respiratory care has been:
(1) Suspended until further order; or
Ê by an order of the Board, may apply to the Board for removal of the limitation or restoration of the 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 or her competence to practice medicine, perfusion or respiratory care by physicians, perfusionists 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, perfusion 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 the applicant had never been licensed under this chapter.