637.150 - Grounds; authorized disciplinary action; private reprimands prohibited; orders imposing discipline deemed public records.
637.150 Grounds; authorized disciplinary action; private reprimands prohibited; orders imposing discipline deemed public records.
1. Upon proof by substantial evidence that an applicant or holder of a license:
(a) Has been adjudicated insane;
(b) Habitually uses any controlled substance or intoxicant;
(c) Has been convicted of a crime involving moral turpitude;
(d) Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;
(e) Has advertised in any manner which would tend to deceive, defraud or mislead the public;
(f) Has presented to the Board any diploma, license or certificate that has been signed or issued unlawfully or under fraudulent representations, or obtains or has obtained a license to practice in this State through fraud of any kind;
(g) Has been convicted of a violation of any federal or state law relating to a controlled substance;
(h) Has, without proper verification, dispensed a lens, frame, specially fabricated optical device or other ophthalmic device that does not satisfy the minimum standards established by the Board pursuant to NRS 637.073;
(i) Has violated any regulation of the Board;
(j) Has violated any provision of this chapter;
(k) Is incompetent;
(l) Is guilty of unethical or unprofessional conduct as determined by the Board;
(m) Is guilty of repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner;
(n) Is guilty of a fraudulent or deceptive practice as determined by the Board; or
(o) Has operated a medical facility, as defined in NRS 449.0151, 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 the Board may, in the case of an applicant, refuse to grant the applicant a license, or may, in the case of a holder of a license, place the holder on probation, reprimand the holder publicly, require the holder to pay an administrative fine of not more than $10,000, suspend or revoke the holder’s license, or take any combination of these disciplinary actions.
2. The Board shall not privately reprimand a holder of a license.
3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.
4. The provisions of paragraph (o) of subsection 1 apply to an owner or other principal responsible for the operation of the medical facility.
[Part 5:216:1951; R 1953, 554; new section added 1953, 554] + [7:216:1951]—(NRS A 1971, 2038; 1979, 1198; 1981, 596, 1343; 1983, 1538; 1987, 607, 1565, 1577; 1989, 914; 1993, 791; 2003, 3451; 2005, 772; 2007, 1240; 2009, 891)