AB290_EN

Assembly Bill No. 290–Committee on Commerce and Labor

CHAPTER..........

AN ACT relating to osteopathic medicine; revising the provisions governing the requirements for licensure as an osteopathic physician; revising the provisions governing the filing of a complaint against a practitioner of osteopathic medicine with the state board of osteopathic medicine; requiring a member of the board to review and investigate such a complaint; revising the fees that may be charged and collected by the board; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 633 of NRS is hereby amended by adding thereto

the provisions set forth as sections 2 and 3 of this act.

Sec. 2. “Complaint” means a written complaint filed with the board

pursuant to the provisions of NRS 633.531.

Sec. 3. “Formal complaint” means a complaint filed with the board

pursuant to the provisions of NRS 633.541.

Sec. 4. NRS 633.011 is hereby amended to read as follows:

633.011 As used in this chapter, unless the context otherwise requires,

the words and terms defined in NRS 633.021 to 633.131, inclusive, and

sections 2 and 3 of this act have the meanings ascribed to them in those

sections.

Sec. 5. NRS 633.271 is hereby amended to read as follows:

633.271 The board may:

1. Appoint an executive director who is entitled to such

compensation as determined by the board.

2. Maintain offices in as many localities in the state as it finds

necessary to carry out the provisions of this chapter.

[2.] 3. Employ attorneys, investigators and other professional

consultants and clerical personnel necessary to the discharge of its duties.

Sec. 6. NRS 633.311 is hereby amended to read as follows:

633.311 Except as otherwise provided in NRS 633.315, an applicant

for a license to practice osteopathic medicine may be issued a license by

the board if [he:

1. Is] :

1. He is 21 years of age or older;

2. [Is] He is a citizen of the United States or is lawfully entitled to

remain and work in the United States;

3. [Is] He is a graduate of a school of osteopathic medicine;

4. [Has completed:] He:

(a) Has graduated from a school of osteopathic medicine before 1995

and has completed:

(1) A hospital internship; or

(2) One year of postgraduate training that complies with the

standards of intern training established by the American Osteopathic

Association;

(b) [Three] Has completed 3 years of [graduate] postgraduate medical

education as a resident in the United States or Canada in a program

approved by the board, the Bureau of Professional Education of the

American Osteopathic Association or the Accreditation Council for

Graduate Medical Education; or

the board, the Bureau of Professional Education of the American

Osteopathic Association or the Accreditation Council for Graduate

Medical Education;

5. Applies] Is a resident who is enrolled in a postgraduate training

program in this state, has completed 24 months of the program and has

committed, in writing, that he will complete the program;

5. He applies for the license as provided by law;

6. [Passes:] He passes:

(a) All parts of the licensing examination [prescribed by] of the

National Board of Osteopathic Medical Examiners;

(b) All parts of the licensing examination of the Federation of State

Medical Boards of the United States, Inc.;

territory or possession of the United States or the District of Columbia,

and he is certified by a specialty board of the American Osteopathic

Association or by the American Board of Medical Specialties; or

(d) A combination of the parts of the licensing examinations specified

in paragraphs (a), (b) and (c) of this subsection that is approved by the

board;

7. [Submits] He submits the statement required pursuant to the

provisions of NRS 633.326; and

8. [Pays] He pays the fees provided for in this chapter.

Sec. 7. NRS 633.321 is hereby amended to read as follows:

633.321 1. Every applicant for a license shall:

(a) File an application with the board in the manner prescribed by

regulations of the board;

(b) Submit verified proof satisfactory to the board that he meets the age,

citizenship and educational requirements prescribed by this chapter; and

specified in this chapter.

2. An application filed with the board pursuant to subsection 1 must

include the social security number of the applicant.

3. The board may hold hearings and conduct investigations into any

matter related to the application and, in addition to the proofs required by

subsection 1, may take such further evidence and require such other

documents or proof of qualifications as it deems proper.

4. The board may reject an application if it appears that any credential

submitted is false.

Sec. 8. NRS 633.341 is hereby amended to read as follows:

633.341 1. If an applicant fails in a first examination, he may be

reexamined after not less than 6 months.

2. If he fails in a second examination, he is not thereafter entitled to

another examination within less than 1 year after the date of the second

examination, and prior thereto he shall furnish proof to the board of further

postgraduate study following the second examination satisfactory to the

board.

3. Each applicant who fails an examination and who is permitted to be

reexamined shall pay for each reexamination the reexamination fee

specified in this chapter.

4. If an applicant does not appear for examination, for any reason

deemed sufficient by the board, the board may refund a portion of the

application and initial license fee not to exceed $100 upon the request of

the applicant. [There shall be no] An applicant is not entitled to a refund

of the application and initial license fee if [an applicant] he appears for

examination.

Sec. 9. NRS 633.361 is hereby amended to read as follows:

633.361 1. Except as otherwise provided in NRS 633.315, the board

may issue a license without examination to a person:

(a) Who has completed a hospital internship and is licensed in any

country, state, territory or province to practice osteopathic medicine, if the

licensing requirements of that country, state, territory or province at the

time the license was issued are deemed by the board to be practically

equivalent to the licensing requirements in force in this state at that time.

(b) Who is a graduate of a school of osteopathic medicine, has

completed a hospital internship and passed an examination for admission

into the medical corps of any of the Armed Forces of the United States or

the United States Public Health Service or who possesses a certificate

from the National Board of Examiners for Osteopathic Physicians and

Surgeons.

2. Any person applying for a license under the provisions of subsection

1 shall:

(a) Furnish to the board such proof of qualifications and pass an oral

examination as the board may require; and

(b) Pay in advance to the board the application and initial license fee

specified in this chapter.

Sec. 10. NRS 633.401 is hereby amended to read as follows:

633.401 1. Except as otherwise provided in NRS 633.315, the board

may issue a special license:

(a) To authorize a person who is licensed to practice osteopathic

medicine in an adjoining state to come into Nevada to care for or assist in

the treatment of his [own] patients in association with an osteopathic

physician in this state who has primary care of the patients.

(b) To a resident [or fellow] while he is enrolled in a [graduate

education program or] postgraduate training program required pursuant to

the provisions of paragraph (c) of subsection 4 of NRS 633.311.

licensed to practice osteopathic medicine in another jurisdiction.

2. A special license issued under this section may be renewed by the

board upon application of the licensee.

3. Every person who applies for or renews a special license under this

section shall pay respectively the special license fee or special license

renewal fee specified in this chapter.

Sec. 11. NRS 633.501 is hereby amended to read as follows:

633.501 The board shall charge and collect [only the following fees:

1. Initial] fees not to exceed the following amounts:

1. Application and initial license fee[$200] $500

2. Annual license renewal fee.................. [100] 300

3. Temporary license fee.......................... [50] 100

4. Special license fee................................ [50] 100

5. Special license renewal fee.................... [50] 100

6. Reexamination fee...................................... 200

7. Late payment fee.................................. [35] 100

8. For a certificate as an osteopathic physician’s assistant......................... [100] 200

9. Renewal of a certificate as an osteopathic physician’s

assistant............................................ [50] 100

10. For an application to employ an osteopathic

physician’s assistant........................ [100] 200

Sec. 12. NRS 633.531 is hereby amended to read as follows:

633.531 The board or any of its members, any medical review panel of

a hospital or medical society which becomes aware that any one or

combination of the grounds for initiating disciplinary action may exist as

to a person practicing osteopathic medicine in this state shall, and any

other person who is so aware may, file a written complaint specifying the

relevant facts with the board . [or with the osteopathic medical society of

the county in which the person charged has his office if there is an

osteopathic medical society in the county.]

Sec. 13. NRS 633.541 is hereby amended to read as follows:

633.541 1. When a complaint is filed[:

(a) With the board, it shall be reviewed by the board.

(b) With a county osteopathic medical society, the society shall forward

a copy of the complaint to the board for review.

2. If, from the complaint or from other official records, it appears that

the complaint is not frivolous and the complaint charges:

(a) Unprofessional conduct, a conviction or the suspension or

revocation of a license to practice osteopathic medicine, the board shall

proceed with appropriate disciplinary action.

(b) Gross or repeated malpractice or professional incompetence, the

board shall transmit the original complaint, along with further facts or

information derived from its own review, to the attorney general.] with the

board, the board shall designate a member of the board to review the

complaint.

2. If the member of the board determines that the complaint is not

frivolous, he shall conduct an investigation of the complaint to

determine whether there is a reasonable basis for the complaint. In

performing the investigation, the member of the board may request the

assistance of the attorney general or contract with a private investigator

designated by the executive director of the board who is licensed

pursuant to chapter 648 of NRS or any other person designated by the

executive director of the board.

3. If, after conducting the investigation pursuant to subsection 2, the

member of the board determines that there is a reasonable basis for the

complaint and that a violation of a provision of this chapter has

occurred, the member of the board may file a formal complaint with the

board specifying the grounds for disciplinary action.

Sec. 14. NRS 633.561 is hereby amended to read as follows:

633.561 1. If the board [determines that a complaint is not frivolous,]

or a member of the board designated to review a complaint pursuant to

NRS 633.541 has reason to believe that the conduct of a physician has

raised a reasonable question as to his competence to practice medicine

with reasonable skill and safety to patients, the board or the member

designated by the board may require the person charged in the complaint

to submit to a mental or physical examination by physicians designated by

the board.

2. For the purposes of this section:

(a) Every physician who is licensed under this chapter who accepts the

privilege of practicing osteopathic medicine in this state shall be deemed

to have given his consent to submit to a mental or physical examination

[when] if directed to do so in writing by the board.

(b) The testimony or examination reports of the examining physicians

are not privileged communications.

3. Except in extraordinary circumstances, as determined by the board,

the failure of a physician who is licensed under this chapter to submit to an

examination [when] if directed as provided in this section constitutes an

admission of the charges against him.

Sec. 15. NRS 633.621 is hereby amended to read as follows:

633.621 If[:

1. A complaint charging unprofessional conduct, a conviction or the

suspension or revocation of a license to practice osteopathic medicine is

not frivolous; or

2. With respect to a complaint reported by the attorney general, the

board has determined to proceed with disciplinary action,] a formal

complaint is filed with the board pursuant to NRS 633.541, the secretary

of the board shall fix a time and place for a hearing and cause a notice of

the hearing and a formal complaint [prepared by the board] to be served on

the person charged at least 20 days before the date fixed for the hearing. If

the board receives a [report pursuant to] formal complaint concerning

subsection 5 of NRS 228.420, such a hearing must be held within 30 days

after receiving the [report.] formal complaint.

Sec. 16. NRS 633.641 is hereby amended to read as follows:

633.641 In any disciplinary proceeding before the board:

1. Proof of actual injury need not be established where the formal

complaint charges deceptive or unethical professional conduct or medical

practice harmful to the public.

2. A certified copy of the record of a court or a licensing agency

showing a conviction or the suspension or revocation of a license to

practice osteopathic medicine is conclusive evidence of its occurrence.

Sec. 17. NRS 633.651 is hereby amended to read as follows:

633.651 1. The person charged in a formal complaint is entitled to a

hearing before the board, but the failure of the person charged to attend his

hearing or his failure to defend himself [shall not serve to] must not delay

or void the proceedings. The board may, for good cause shown, continue

any hearing from time to time.

2. If the board finds the person guilty as charged in the formal

complaint, it may by order:

(a) Place the person on probation for a specified period or until further

order of the board.

(b) Administer to the person a public [or private] reprimand.

more specified branches of osteopathic medicine.

(d) Suspend the license of the person to practice osteopathic medicine

for a specified period or until further order of the board.

(e) Revoke the license of the person to practice osteopathic

medicine.

The order of the board may contain such other terms, provisions or

conditions as the board deems proper and which are not inconsistent with

law.

Sec. 18. NRS 633.691 is hereby amended to read as follows:

633.691 The [state board of osteopathic medicine,] board, a medical

review panel of a hospital, [an osteopathic medical society,] or any person

who or other organization which initiates or assists in any lawful

investigation or proceeding concerning the discipline of an osteopathic

physician for gross malpractice, repeated malpractice, professional

incompetence or unprofessional conduct is immune from any civil action

for such initiation or assistance or any consequential damages, if the

person or organization acted without malicious intent.

Sec. 19. NRS 633.701 is hereby amended to read as follows:

633.701 The filing and review of a complaint[, its dismissal without

further action or its transmittal to the attorney general,] and any

subsequent disposition by the board,the [attorney general] member

designated by the board to review a complaint pursuant to NRS 633.541

or any reviewing court do not preclude:

1. Any measure by a hospital or other institution [or osteopathic

medical society] to limit or terminate the privileges of an osteopathic

physician according to its rules or the custom of the profession. No civil

liability attaches to any such action taken without malice even if the

ultimate disposition of the complaint is in favor of the physician.

2. Any appropriate criminal prosecution by the attorney general or a

district attorney based upon the same or other facts.

Sec. 20. NRS 633.551 is hereby repealed.

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