Nevada Code § 630.307

General requirements for filing complaint; medical facilities and societies required to report certain information concerning privileges and disciplinary action; administrative fine for failure to report; clerk of court required to report certain information concerning court actions; procedure resulting from certain reports; retention of complaints by Board
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1. Except as otherwise provided in
subsection 2, any person may file with the Board a complaint against a
physician, genetic counselor, perfusionist, physician assistant,
anesthesiologist assistant or practitioner of respiratory care on a form
provided by the Board. The form may be submitted in writing or electronically.
If a complaint is submitted anonymously, the Board may accept the complaint but
may refuse to consider the complaint if the lack of the identity of the
complainant makes processing the complaint impossible or unfair to the person
who is the subject of the complaint.
2. Any licensee, medical school or medical
facility that becomes aware that a person practicing medicine, genetic
counseling, perfusion or respiratory care or assisting in the practice of
medicine in this State has, is or is about to become engaged in conduct which
constitutes grounds for initiating disciplinary action shall file a written
complaint with the Board within 30 days after becoming aware of the conduct.
3. Except as otherwise provided in
subsection 4, any hospital, clinic or other medical facility licensed in this
State, or medical society, shall report to the Board any change in the
privileges of a physician, genetic counselor, perfusionist, physician
assistant, anesthesiologist assistant or practitioner of respiratory care to
practice while the physician, genetic counselor, perfusionist, physician
assistant, anesthesiologist assistant or practitioner of respiratory care is
under investigation and the outcome of any disciplinary action taken by that
facility or society against the physician, genetic counselor, perfusionist,
physician assistant, anesthesiologist assistant or practitioner of respiratory
care concerning the care of a patient or the competency of the physician,
genetic counselor, perfusionist, physician assistant, anesthesiologist
assistant or practitioner of respiratory care within 30 days after the change in
privileges is made or disciplinary action is taken.
4. A hospital, clinic or other medical
facility licensed in this State, or medical society, shall report to the Board
within 5 days after a change in the privileges of a physician, genetic
counselor, perfusionist, physician assistant, anesthesiologist assistant or
practitioner of respiratory care to practice that is based on:
(a) An investigation of the mental, medical or
psychological competency of the physician, genetic counselor, perfusionist, physician
assistant, anesthesiologist assistant or practitioner of respiratory care; or
(b) Suspected or alleged substance abuse in any
form by the physician, genetic counselor, perfusionist, physician assistant,
anesthesiologist assistant or practitioner of respiratory care.
5. The Board shall report any failure to
comply with subsection 3 or 4 by a hospital, clinic or other medical facility
licensed in this State to the Health Care Purchasing and Compliance Division of
the Nevada Health Authority. If, after a hearing, the Health Care Purchasing
and Compliance Division determines that any such facility or society failed to
comply with the requirements of subsection 3 or 4, the Division may impose an
administrative fine of not more than $10,000 against the facility or society
for each such failure to report. If the administrative fine is not paid when
due, the fine must be recovered in a civil action brought by the Attorney
General on behalf of the Division.
6. The clerk of every court shall report
to the Board any finding, judgment or other determination of the court that a
physician, genetic counselor, perfusionist, physician assistant,
anesthesiologist assistant or practitioner of respiratory care:
(a) Is mentally ill;
(b) Is mentally incompetent;
(c) Has been convicted of a felony or any law
governing controlled substances or dangerous drugs;
(d) Is guilty of abuse or fraud under any state
or federal program providing medical assistance; or
(e) Is liable for damages for malpractice or
negligence,
within 45
days after such a finding, judgment or determination is made.
7. If the board receives a report pursuant
to subsection 5 of NRS 228.420 , the
Board must proceed as if a complaint had been filed against the licensee who is
the subject of the report.
8. The Board shall retain all complaints
filed with the Board pursuant to this section for at least 10 years, including,
without limitation, any complaints not acted upon.

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