Senate Bill No. 199–Committee on Commerce and Labor
(On Behalf of Board of Osteopathic Medicine)
February 16, 1999
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Referred to Committee on Commerce and Labor
SUMMARY—Revises provisions relating to osteopathic medicine. (BDR 54-402)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. Chapter 633 of NRS is hereby amended by adding thereto1-2
the provisions set forth as sections 2, 3 and 4 of this act.1-3
Sec. 2. "Complaint" means a written complaint filed with the board1-4
pursuant to the provisions of NRS 633.531.1-5
Sec. 3. "Formal complaint" means a complaint prepared by the1-6
board pursuant to the provisions of NRS 633.551.1-7
Sec. 4. "Report" means a report filed with the board pursuant to the1-8
provisions of NRS 633.541.1-9
Sec. 5. NRS 633.011 is hereby amended to read as follows: 633.011 As used in this chapter, unless the context otherwise requires,1-11
the words and terms defined in NRS 633.021 to 633.131, inclusive, and1-12
sections 2, 3 and 4 of this act have the meanings ascribed to them in those1-13
sections.2-1
Sec. 6. NRS 633.271 is hereby amended to read as follows: 633.271 The board may:2-3
1. Appoint an executive director who is entitled to such compensation2-4
as determined by the board.2-5
2. Maintain offices in as many localities in the state as it finds2-6
necessary to carry out the provisions of this chapter.2-7
2-8
consultants and clerical personnel necessary to the discharge of its duties.2-9
Sec. 7. NRS 633.311 is hereby amended to read as follows: 633.311 Except as otherwise provided in NRS 633.315, an applicant2-11
for a license to practice osteopathic medicine may be issued a license by2-12
the board if2-13
2-14
1. He is 21 years of age or older;2-15
2.2-16
remain and work in the United States;2-17
3.2-18
4.2-19
(a) Graduated from a school of osteopathic medicine before 1995, and2-20
has completed:2-21
(1) A hospital internship; or2-22
(2) One year of postgraduate training that complies with the2-23
standards of intern training established by the American Osteopathic2-24
Association;2-25
(b)2-26
education as a resident in the United States or Canada in a program2-27
approved by the board, the Bureau of Professional Education of the2-28
American Osteopathic Association or the Accreditation Council for2-29
Graduate Medical Education; or2-30
(c)2-31
2-32
2-33
2-34
2-35
program in this state, has completed 24 months of the training program2-36
and has committed, in writing, to completing the training program;2-37
5. He applies for the license as provided by law;2-38
6.2-39
(a) All parts of the licensing examination2-40
Board of Osteopathic Medical Examiners;2-41
(b) All parts of the licensing examination of the Federation of2-42
Medical Examiners;3-1
(c) All parts of the licensing examination of the board, a state,3-2
territory or possession of the United States, or the District of Columbia,3-3
and he is certified by a specialty board of the American Osteopathic3-4
Association or by the American Board of Medical Specialties; or3-5
(d) A combination of the parts of the licensing examinations described3-6
in paragraphs (a), (b) and (c) that is approved by the board;3-7
7.3-8
provisions of NRS 633.326; and3-9
8.3-10
Sec. 8. NRS 633.401 is hereby amended to read as follows: 633.401 1. Except as otherwise provided in NRS 633.315, the board3-12
may issue a special license:3-13
(a) To authorize a person who is licensed to practice osteopathic3-14
medicine in an adjoining state to come into3-15
or assist in the treatment of his own patients in association with an3-16
osteopathic physician in this state who has primary care of the patients.3-17
(b) To a resident3-18
3-19
the provisions of paragraph (d) of subsection 4 of NRS 633.311.3-20
(c) For a specified period and for specified purposes to a person who is3-21
licensed to practice osteopathic medicine in another jurisdiction.3-22
2. A special license issued under this section may be renewed by the3-23
board upon application of the licensee.3-24
3. Every person who applies for or renews a special license under this3-25
section shall pay respectively the special license fee or special license3-26
renewal fee specified in this chapter.3-27
Sec. 9. NRS 633.501 is hereby amended to read as follows: 633.501 The board shall charge and collect3-29
3-30
3-31
3-32
3-33
3-34
3-35
3-36
3-37
3-38
3-39
3-40
3-41
such fees as it establishes by regulation.4-1
Sec. 10. NRS 633.531 is hereby amended to read as follows: 633.531 The board or any of its members, any medical review panel of4-3
a hospital or medical society which becomes aware that any one or4-4
combination of the grounds for initiating disciplinary action may exist as to4-5
a person practicing osteopathic medicine in this state shall, and any other4-6
person who is so aware may, file a written complaint specifying the4-7
relevant facts with the board .4-8
4-9
4-10
Sec. 11. NRS 633.541 is hereby amended to read as follows: 633.541 1.4-12
4-13
director of the board or a member of the board4-14
4-15
4-16
executive director.4-17
2. If, from the complaint or from other official records,4-18
executive director or member of the board determines that the complaint4-19
is not frivolous and the complaint charges:4-20
(a) Unprofessional conduct, a conviction or the suspension or revocation4-21
of a license to practice osteopathic medicine, an investigation of the4-22
complaint must be conducted by:4-23
(1) A member of the board4-24
4-25
(2) A private investigator who is licensed pursuant to chapter 648 of4-26
NRS and designated by the executive director; or4-27
(3) The attorney general, upon the request of the board.4-28
(b) Gross or repeated malpractice or professional incompetence, an4-29
investigation of the complaint must be conducted by a committee4-30
appointed by the board .4-31
4-32
4-33
3. If the investigator, attorney general or the committee determines4-34
that there is a reasonable basis for the complaint, the investigator,4-35
attorney general or committee shall file a report of the results of its4-36
investigation with the board. The report must include a copy of the4-37
complaint.4-38
Sec. 12. NRS 633.551 is hereby amended to read as follows: 633.551 1. The4-40
4-41
4-42
4-43
5-1
5-2
5-3
5-4
action it will take with respect to each5-5
5-6
shall:5-7
(a) Dismiss the complaint; or5-8
(b) Proceed with appropriate disciplinary action.5-9
2. If the board proceeds with disciplinary action, it shall prepare a5-10
formal complaint specifying the grounds for proceeding with disciplinary5-11
action.5-12
Sec. 13. NRS 633.561 is hereby amended to read as follows: 633.561 1.5-14
5-15
to submit to a mental or physical examination by physicians designated by5-16
the board.5-17
2. For the purposes of this section:5-18
(a) Every physician who is licensed under this chapter who accepts the5-19
privilege of practicing osteopathic medicine in this state shall be deemed to5-20
have given his consent to submit to a mental or physical examination5-21
5-22
(b) The testimony or examination reports of the examining physicians5-23
are not privileged communications.5-24
3. Except in extraordinary circumstances, as determined by the board,5-25
the failure of a physician who is licensed under this chapter to submit to an5-26
examination5-27
admission of the charges against him.5-28
Sec. 14. NRS 633.621 is hereby amended to read as follows: 633.621 If5-30
5-31
5-32
5-33
5-34
board5-35
pursuant to the provisions of NRS 633.551, the secretary of the board5-36
shall fix a time and place for a hearing and cause a notice of the hearing5-37
and5-38
person charged at least 20 days before the date fixed for the hearing. If the5-39
board receives a report from the attorney general pursuant to the5-40
provisions of subsection 5 of NRS 228.420,5-41
held within 30 days after receiving the report.6-1
Sec. 15. NRS 633.641 is hereby amended to read as follows: 633.641 In any disciplinary proceeding before the board:6-3
1. Proof of actual injury need not be established where the formal6-4
complaint charges deceptive or unethical professional conduct or medical6-5
practice harmful to the public.6-6
2. A certified copy of the record of a court or a licensing agency6-7
showing a conviction or the suspension or revocation of a license to6-8
practice osteopathic medicine is conclusive evidence of its occurrence.6-9
Sec. 16. NRS 633.651 is hereby amended to read as follows: 633.651 1. The person charged in a formal complaint is entitled to a6-11
hearing before the board, but the failure of the person charged to attend his6-12
hearing or his failure to defend himself6-13
or void the proceedings. The board may, for good cause shown, continue6-14
any hearing from time to time.6-15
2. If the board finds the person guilty as charged in the formal6-16
complaint, it may , by order:6-17
(a) Place the person on probation for a specified period , or until further6-18
order of the board.6-19
(b) Administer to the person a public or private reprimand.6-20
(c) Limit the practice of the person to, or by the exclusion of, one or6-21
more specified branches of osteopathic medicine.6-22
(d) Suspend the license of the person to practice osteopathic medicine6-23
for a specified period , or until further order of the board.6-24
(e) Revoke the license of the person to practice osteopathic medicine.6-25
The order of the board may contain such other terms, provisions or6-26
conditions as the board deems proper and which are not inconsistent with6-27
law.6-28
Sec. 17. NRS 633.691 is hereby amended to read as follows: 633.691 The6-30
review panel of a hospital6-31
who or other organization which initiates or assists in any lawful6-32
investigation or proceeding concerning the discipline of an osteopathic6-33
physician for gross malpractice, repeated malpractice, professional6-34
incompetence or unprofessional conduct is immune from any civil action6-35
for such initiation or assistance or any consequential damages, if the person6-36
or organization acted without malicious intent.6-37
Sec. 18. NRS 633.701 is hereby amended to read as follows: 633.701 The filing ,6-39
dismissal without further action6-40
and any subsequent disposition by the board6-41
reviewing court do not preclude:7-1
1. Any measure by a hospital or other institution7-2
7-3
physician according to its rules or the custom of the profession. No civil7-4
liability attaches to any such action taken without malice even if the7-5
ultimate disposition of the complaint is in favor of the physician.7-6
2. Any appropriate criminal prosecution by the attorney general or a7-7
district attorney based upon the same or other facts.7-8
Sec. 19. This act becomes effective upon passage and approval.~