623.270 - Grounds; conditions for probation; orders imposing discipline deemed public records; private reprimands prohibited.
623.270 Grounds; conditions for probation; orders imposing discipline deemed public records; private reprimands prohibited.
1. The Board may place the holder of any certificate of registration issued pursuant to the provisions of this chapter on probation, publicly reprimand the holder of the certificate, impose a fine of not more than $10,000 against him or her, suspend or revoke his or her license, impose the costs of investigation and prosecution upon him or her or take any combination of these disciplinary actions for any of the following acts:
(a) The certificate was obtained by fraud or concealment of a material fact.
(b) The holder of the certificate has been found guilty by the Board or found guilty or guilty but mentally ill by a court of justice of any fraud, deceit or concealment of a material fact in his or her professional practice, or has been convicted by a court of justice of a crime involving moral turpitude.
(c) The holder of the certificate has been found guilty by the Board of incompetency, negligence or gross negligence in:
(1) The practice of architecture or residential design; or
(2) His or her practice as a registered interior designer.
(d) The holder of a certificate has affixed his or her signature or seal to plans, drawings, specifications or other instruments of service which have not been prepared by the holder of the certificate or in his or her office, or under his or her responsible control, or has permitted the use of his or her name to assist any person who is not a registered architect, registered interior designer or residential designer to evade any provision of this chapter.
(e) The holder of a certificate has aided or abetted any unauthorized person to practice:
(1) Architecture or residential design; or
(2) As a registered interior designer.
(f) The holder of the certificate has violated any law, regulation or code of ethics pertaining to:
(1) The practice of architecture or residential design; or
(2) Practice as a registered interior designer.
(g) The holder of a certificate has failed to comply with an order issued by the Board or has failed to cooperate with an investigation conducted by the Board.
2. The conditions for probation imposed pursuant to the provisions of subsection 1 may include, but are not limited to:
(a) Restriction on the scope of professional practice.
(b) Peer review.
(c) Required education or counseling.
(d) Payment of restitution to each person who suffered harm or loss.
3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.
4. The Board shall not privately reprimand the holder of any certificate of registration issued pursuant to this chapter.
5. As used in this section:
(a) “Gross negligence” means conduct which demonstrates a reckless disregard of the consequences affecting the life or property of another person.
(b) “Incompetency” means conduct which, in:
(1) The practice of architecture or residential design; or
(2) Practice as a registered interior designer,
Ê demonstrates a significant lack of ability, knowledge or fitness to discharge a professional obligation.
(c) “Negligence” means a deviation from the normal standard of professional care exercised generally by other members in:
(1) The profession of architecture or residential design; or
(2) Practice as a registered interior designer.
[27:220:1949; 1943 NCL § 537.27]—(NRS A 1959, 492; 1963, 821; 1973, 1698; 1975, 584; 1979, 1897; 1983, 1923; 1985, 1455; 1993, 883, 2469; 1995, 1701; 1997, 204; 2001, 1789; 2003, 3419; 2005, 752; 2007, 1468)