Nevada Code § 632.347

Grounds for denial, revocation or suspension of license or certificate or other disciplinary action. [Effective through June 30, 2027.]
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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,
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 patients 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 cannabis being used for medical
purposes in accordance with chapter 678C of
NRS; or
(4) Is an individualized investigational
treatment or 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 .
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 , 639.23535 and 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 .
(u) Has performed or supervised the performance
of a pelvic examination in violation of NRS
629.085 .
(v) Has failed to comply with the provisions of NRS 441A.315 or any regulations adopted
pursuant thereto.
(w) Has failed to supervise adequately a medical
assistant pursuant to the regulations of the Board.
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:
(a) Individualized investigational treatment
has the meaning ascribed to it in NRS
454.690 .
(b) Investigational drug or biological product
has the meaning ascribed to it in NRS
454.351 .
NRS 632.347 Grounds for denial,
revocation or suspension of license or certificate or other disciplinary
action. [Effective July 1, 2027.]
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,
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 patients 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 cannabis being used for medical
purposes in accordance with chapter 678C 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 .
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 , 639.23535 and 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 .
(u) Has performed or supervised the performance
of a pelvic examination in violation of NRS
629.085 .
(v) Has failed to comply with the provisions of NRS 441A.315 or any regulations adopted
pursuant thereto.
(w) Has failed to supervise adequately a medical
assistant pursuant to the regulations of the Board.
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 .

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