Senate Bill No. 513–Committee on Commerce and Labor

 

March 26, 2001

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Makes various changes to provisions relating to investigations and proceedings for disciplinary action by regulatory bodies who regulate certain professions, occupations and businesses. (BDR 54‑81)

 

FISCAL NOTE:    Effect on Local Government: No.

                                 Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to professions; creating a new chapter which provides certain provisions that are applicable to all regulatory bodies that regulate occupations or professions in Title 54 of NRS; requiring regulatory bodies who regulate certain professions, occupations and businesses to maintain the confidentiality of certain records and proceedings relating to investigations under certain circumstances; requiring such regulatory bodies to make certain records and proceedings public if the regulatory body decides to proceed with disciplinary action; requiring such regulatory bodies to hold a public hearing to discuss and approve the terms of certain consent agreements before entering such agreements; requiring any reprimand issued by such regulatory bodies to be public; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. Title 54 of NRS is hereby amended by adding thereto a

1-2  new chapter to consist of the provisions set forth as sections 2 to 5,

1-3  inclusive, of this act.

1-4    Sec. 2.  As used in this chapter, unless the context otherwise

1-5  requires, “regulatory body” means any agency, board or commission that

1-6  has the authority to regulate an occupation or profession pursuant to this

1-7  Title and any officer of an agency, board or commission which has the

1-8  authority to regulate an occupation or profession pursuant to this Title.

1-9    Sec. 3.  1.  If a regulatory body determines that a person has

1-10  violated a provision of the chapter which the regulatory body has

1-11  authority to enforce, the regulatory body may recover from the person:

1-12    (a) Attorney’s fees and costs incurred by the regulatory body in

1-13  respect to the disciplinary proceedings, including, without limitation, the

2-1  costs of the investigation, if any, and the costs of the hearing at which the

2-2  person was found to have committed the violation; and

2-3    (b) Attorney’s fees and costs incurred by the regulatory body in the

2-4  recovery of a civil penalty.

2-5    2.  A regulatory body is entitled to an award of costs and any

2-6  attorney’s fees it incurred in:

2-7    (a) The enforcement of any subpoena for which a court entered an

2-8  order compelling compliance; and

2-9    (b) Any proceedings before a court for the enforcement of the

2-10  provisions of the chapter which the regulatory body has authority to

2-11  enforce.

2-12    Sec. 4.  The provisions of NRS 241.020 do not apply to proceedings

2-13  relating to an investigation conducted to determine whether to proceed

2-14  with disciplinary action against a holder of a certificate, license or permit

2-15  issued pursuant to this Title unless the holder of the certificate, license or

2-16  permit requests that the proceedings be conducted pursuant to those

2-17  provisions. If the regulatory body decides to proceed with disciplinary

2-18  action, all proceedings that are conducted after that decision and that are

2-19  related to that disciplinary action are subject to NRS 241.020.

2-20    Sec. 5.  A regulatory body may not settle or otherwise resolve an

2-21  alleged violation of:

2-22    1.  The chapter which the regulatory body has authority to enforce;

2-23    2.  A regulation enacted pursuant to the chapter which the regulatory

2-24  body has authority to enforce; or

2-25    3.  An order of the regulatory body,

2-26  by entering a consent agreement with a person who has allegedly

2-27  committed the violation until after the regulatory body discusses and

2-28  approves the terms of the agreement in a public hearing. If a regulatory

2-29  body enters a consent agreement with a person who has allegedly

2-30  committed a violation, the consent agreement is a public record.

2-31    Sec. 6.  NRS 623.270 is hereby amended to read as follows:

2-32    623.270  1.  The board may place the holder of any certificate of

2-33  registration issued pursuant to this chapter on probation, publicly

2-34  reprimand him, fine him not more than $10,000, suspend or revoke his

2-35  license, impose the costs of investigation and prosecution upon him or take

2-36  any combination of these disciplinary actions, if proof satisfactory to the

2-37  board is presented that:

2-38    (a) The certificate was obtained by fraud or concealment of a material

2-39  fact.

2-40    (b) The holder of the certificate has been found guilty by the board or

2-41  by a court of justice of any fraud, deceit or concealment of a material fact

2-42  in his professional practice, or has been convicted by a court of justice of a

2-43  crime involving moral turpitude.

2-44    (c) The holder of the certificate has been found guilty by the board of

2-45  incompetency, negligence or gross negligence in:

2-46      (1) The practice of architecture or residential design; or

2-47      (2) His practice as a registered interior designer.

2-48    (d) The holder of a certificate has affixed his signature or seal to plans,

2-49  drawings, specifications or other instruments of service which have not

3-1  been prepared by him or in his office, or under his direct supervision, or

3-2  has permitted the use of his name to assist any person who is not a

3-3  registered architect, registered interior designer or residential designer to

3-4  evade any provision of this chapter.

3-5    (e) The holder of a certificate has aided or abetted any unauthorized

3-6  person to practice:

3-7       (1) Architecture or residential design; or

3-8       (2) As a registered interior designer.

3-9    (f) The holder of the certificate has violated any law, regulation or code

3-10  of ethics pertaining to:

3-11      (1) The practice of architecture or residential design; or

3-12      (2) Practice as a registered interior designer.

3-13    (g) The holder of a certificate has failed to comply with an order issued

3-14  by the board or has failed to cooperate with an investigation conducted by

3-15  the board.

3-16  [If discipline is imposed pursuant to this section, the costs of the

3-17  proceeding, including investigative costs and attorney’s fees, may be

3-18  recovered by the board.]

3-19    2.  The conditions for probation imposed pursuant to subsection 1 may

3-20  include, but are not limited to:

3-21    (a) Restriction on the scope of professional practice.

3-22    (b) Peer review.

3-23    (c) Required education or counseling.

3-24    (d) Payment of restitution to all parties who suffered harm or loss.

3-25    [(e) Payment of all costs of the administrative investigation and

3-26  prosecution.]

3-27    3.  The form and content of any disciplinary action taken by the

3-28  board are public records.

3-29    4.  The board shall not privately reprimand the holder of any

3-30  certificate of registration issued pursuant to this chapter.

3-31    5.  As used in this section:

3-32    (a) “Gross negligence” means conduct which demonstrates a reckless

3-33  disregard of the consequences affecting the life or property of another

3-34  person.

3-35    (b) “Incompetency” means conduct which, in:

3-36      (1) The practice of architecture or residential design; or

3-37      (2) Practice as a registered interior designer,

3-38  demonstrates a significant lack of ability, knowledge or fitness to discharge

3-39  a professional obligation.

3-40    (c) “Negligence” means a deviation from the normal standard of

3-41  professional care exercised generally by other members in:

3-42      (1) The profession of architecture or residential design; or

3-43      (2) Practice as a registered interior designer.

3-44    Sec. 7.  Chapter 623A of NRS is hereby amended by adding thereto a

3-45  new section to read as follows:

3-46    1.  Except as otherwise provided in this section, a complaint filed with

3-47  the board, all documents and other information filed with the complaint

3-48  and all documents and other information compiled as a result of an

4-1  investigation conducted to determine whether to impose disciplinary

4-2  action are and remain confidential.

4-3    2.  The complaint and all documents and information described in

4-4  subsection 1 are public records if:

4-5    (a) Disciplinary action is imposed by the board as a result of an

4-6  investigation; or

4-7    (b) The person who is the subject of the investigation submits a

4-8  written request to the board requesting that the records be made public

4-9  records.

4-10    Sec. 8.  NRS 623A.270 is hereby amended to read as follows:

4-11    623A.270  1.  The board may:

4-12    [1.] (a) Suspend or revoke a certificate;

4-13    [2.] (b) Refuse to renew a certificate;

4-14    [3.] (c) Place a certificate holder on probation;

4-15    [4.] (d) Issue a public reprimand to a certificate holder;

4-16    [5.] (e) Impose upon a certificate holder a fine of not more than $5,000

4-17  for each violation of this chapter;

4-18    [6.] (f) Require a certificate holder to pay restitution;

4-19    [7.  Require a certificate holder to pay the costs of an investigation or

4-20  prosecution; or

4-21    8.] or

4-22    (g) Take such other disciplinary action as the board deems
appropriate,

4-23  if the certificate holder has committed any act set forth in NRS 623A.280.

4-24    2.  The form and content of any disciplinary action taken by the

4-25  board are public records.

4-26    3.  The board shall not issue a private reprimand to a certificate

4-27  holder.

4-28    Sec. 9.  Chapter 624 of NRS is hereby amended by adding thereto a

4-29  new section to read as follows:

4-30    1.  Except as otherwise provided in this section, a complaint filed with

4-31  the board, all documents and other information filed with the complaint

4-32  and all documents and other information compiled as a result of the

4-33  investigation conducted to determine whether to impose disciplinary

4-34  action are and remain confidential.

4-35    2.  The complaint and all documents and information described in

4-36  subsection 1 are public records if:

4-37    (a) Disciplinary action is imposed by the board as a result of an

4-38  investigation; or

4-39    (b) The person who is the subject of an investigation submits a written

4-40  request to the board requesting that the records be made public records.

4-41    Sec. 10.  NRS 624.110 is hereby amended to read as follows:

4-42    624.110  1.  The board may maintain offices in as many localities in

4-43  the state as it finds necessary to carry out the provisions of this chapter, but

4-44  it shall maintain one office in which there must be at all times open to

4-45  public inspection a complete record of applications, licenses issued,

4-46  licenses renewed and all revocations, cancellations and suspensions of

4-47  licenses.

5-1    2.  [Credit] Except as otherwise required in section 9 of this act, credit

5-2  reports, references, [investigative memoranda,] financial information and

5-3  data pertaining to a licensee’s net worth are confidential and not open to

5-4  public inspection.

5-5    Sec. 11.  NRS 624.291 is hereby amended to read as follows:

5-6    624.291  1.  Except as otherwise provided in subsection 4, if the board

5-7  refuses to issue or renew a license, suspends or revokes a license, has

5-8  probable cause to believe that a person has violated NRS 624.720 or

5-9  imposes an administrative fine pursuant to NRS 624.710, the board shall

5-10  hold a hearing. The time and place for the hearing must be fixed by the

5-11  board, and notice of the time and place of the hearing must be personally

5-12  served on the applicant or accused or mailed to the last known address of

5-13  the applicant or accused at least 30 days before the date fixed for the

5-14  hearing.

5-15    2.  The testimony taken pursuant to NRS 624.170 to 624.210, inclusive,

5-16  must be considered a part of the record of the hearing before the board.

5-17    3.  [The] Except as otherwise provided in section 4 of this act, the

5-18  hearing must be public if a request is made therefor.

5-19    4.  The board may suspend the license of a contractor without a hearing

5-20  if the board finds, based upon evidence in its possession, that the public

5-21  health, safety or welfare imperatively requires summary suspension of the

5-22  license of the contractor and incorporates that finding in its order. If the

5-23  board summarily suspends the license of the contractor, the board must

5-24  notify the contractor by certified mail. A hearing must be held within 30

5-25  days after the suspension if the contractor submits a written request for a

5-26  hearing to the board within 20 days after the board summarily suspends his

5-27  license.

5-28    Sec. 12.  NRS 624.300 is hereby amended to read as follows:

5-29    624.300  1.  Except as otherwise provided in subsection 3, the board

5-30  may:

5-31    (a) Suspend or revoke licenses already issued;

5-32    (b) Refuse renewals of licenses;

5-33    (c) Impose limits on the field, scope and monetary limit of the license;

5-34    (d) Impose an administrative fine of not more than $10,000;

5-35    (e) Order a licensee to repay to the account established pursuant to NRS

5-36  624.470, any amount paid out of the account pursuant to NRS 624.510 as a

5-37  result of an act or omission of that licensee;

5-38    (f) Order the licensee to take action to correct a condition resulting from

5-39  an act which constitutes a cause for disciplinary action, at the licensee’s

5-40  cost, that may consist of requiring the licensee to:

5-41      (1) Perform the corrective work himself;

5-42      (2) Hire and pay another licensee to perform the corrective work; or

5-43      (3) Pay to the owner of the construction project a specified sum to

5-44  correct the condition; or

5-45    (g) [Reprimand] Issue a public reprimand or take other less severe

5-46  disciplinary action, including, without limitation, increasing the amount of

5-47  the surety bond or cash deposit of the licensee,

5-48  if the licensee commits any act which constitutes a cause for disciplinary

5-49  action.

6-1    2.  If the board suspends or revokes the license of a contractor for

6-2  failure to establish financial responsibility, the board may, in addition to

6-3  any other conditions for reinstating or renewing the license, require that

6-4  each contract undertaken by the licensee for a period to be designated by

6-5  the board, not to exceed 12 months, be separately covered by a bond or

6-6  bonds approved by the board and conditioned upon the performance of and

6-7  the payment of labor and materials required by the contract.

6-8    3.  If a licensee violates the provisions of NRS 624.3014 or subsection

6-9  3 of NRS 624.3015, the board may impose an administrative fine of not

6-10  more than $20,000.

6-11    4.  If a licensee commits a fraudulent act which is a cause for

6-12  disciplinary action under NRS 624.3016, the correction of any condition

6-13  resulting from the act does not preclude the board from taking disciplinary

6-14  action.

6-15    5.  If the board finds that a licensee has engaged in repeated acts that

6-16  would be cause for disciplinary action, the correction of any resulting

6-17  conditions does not preclude the board from taking disciplinary action

6-18  pursuant to this section.

6-19    6.  The expiration of a license by operation of law or by order or

6-20  decision of the board or a court, or the voluntary surrender of a license by a

6-21  licensee, does not deprive the board of jurisdiction to proceed with any

6-22  investigation of, or action or disciplinary proceeding against, the licensee

6-23  or to render a decision suspending or revoking the license.

6-24    7.  [If discipline is imposed pursuant to this section, including any

6-25  discipline imposed pursuant to a stipulated settlement, the costs of the

6-26  proceeding, including investigative costs and attorney’s fees, may be

6-27  recovered by the board.] The board shall not issue a private reprimand to

6-28  a licensee.

6-29    8.  The form and content of any disciplinary action taken by the

6-30  board are public records.

6-31    Sec. 13.  NRS 625.425 is hereby amended to read as follows:

6-32    625.425  1.  Any information obtained during the course of an

6-33  investigation by the board and any record of an investigation is confidential

6-34  until the investigation is completed[.] unless the licensee, applicant for

6-35  licensure, intern or applicant for certification as an intern submits a

6-36  written request to the board requesting that the records be made public

6-37  records. If no disciplinary action is taken against a licensee, an applicant

6-38  for licensure, an intern or an applicant for certification as an intern, or no

6-39  civil penalty is imposed pursuant to NRS 625.590, the information in his

6-40  investigative file remains confidential. If [a formal complaint is filed,] the

6-41  board imposes disciplinary action against the licensee, applicant for

6-42  licensure, intern or applicant for certification as an intern, the charge,

6-43  all information filed with the charge, all information relating to an

6-44  investigation conducted to determine whether to impose disciplinary

6-45  action and all pleadings and evidence introduced at the hearing are public

6-46  records.

6-47    2.  The provisions of this section do not prohibit the board or its

6-48  employees from communicating and cooperating with another licensing

6-49  board or any other agency that is investigating a person.

7-1    Sec. 14.  NRS 625.460 is hereby amended to read as follows:

7-2    625.460  1.  If, after a hearing, a majority of the members of the board

7-3  present at the hearing vote in favor of finding the accused person guilty, the

7-4  board may:

7-5    [1.] (a) Revoke the license of the professional engineer or professional

7-6  land surveyor or deny a license to the applicant;

7-7    [2.] (b) Suspend the license of the professional engineer or professional

7-8  land surveyor;

7-9    [3.] (c) Fine the licensee or applicant for licensure not more than

7-10  $15,000 for each violation of a provision of this chapter or any regulation

7-11  adopted by the board;

7-12    [4.] (d) Place the licensee or applicant for licensure on probation for

7-13  such periods as it deems necessary and, if the board deems appropriate,

7-14  require the licensee or applicant for licensure to pay restitution to clients or

7-15  other persons who have suffered economic losses as a result of a violation

7-16  of the provisions of this chapter or the regulations adopted by the board; or

7-17    [5.] (e) Take such other disciplinary action as the board deems

7-18  appropriate.

7-19    2.  The board shall not issue a private reprimand.

7-20    3.  The form and content of any disciplinary action taken by the

7-21  board are public records.

7-22    Sec. 15.  Chapter 625A of NRS is hereby amended by adding thereto a

7-23  new section to read as follows:

7-24    1.  Except as otherwise provided in this section, a complaint filed with

7-25  the board, all documents and other information filed with the complaint

7-26  and all documents and other information compiled as a result of an

7-27  investigation conducted to determine whether to impose disciplinary

7-28  action are and remain confidential.

7-29    2.  The complaint and all documents and information described in

7-30  subsection 1 are public records if:

7-31    (a) Disciplinary action is imposed by the board as a result of an

7-32  investigation; or

7-33    (b) The person who is the subject of the investigation submits a

7-34  written request to the board requesting that the records be made public

7-35  records.

7-36    Sec. 16.  NRS 625A.180 is hereby amended to read as follows:

7-37    625A.180  1.  If the board finds after a hearing, or after providing an

7-38  opportunity for a hearing, that disciplinary action is necessary, it may by

7-39  order:

7-40    (a) Place the environmental health specialist on probation for a specified

7-41  period or until further order of the board;

7-42    (b) Administer a public [or private] reprimand; or

7-43    (c) Suspend or revoke his certificate.

7-44    2.  If the order places an environmental health specialist on probation,

7-45  the board may impose such limitations or conditions upon his professional

7-46  activities as it finds consistent to protect the public health.

7-47    3.  The board shall not administer a private reprimand.

7-48    4.  The form and content of any disciplinary action taken by the

7-49  board are public records.

8-1    Sec. 17.  Chapter 628 of NRS is hereby amended by adding thereto a

8-2  new section to read as follows:

8-3    1.  Except as otherwise provided in this section, a complaint filed with

8-4  the board, all documents and other information filed with the complaint

8-5  and all documents and other information compiled as a result of an

8-6  investigation conducted to determine whether to impose disciplinary

8-7  action are and remain confidential.

8-8    2.  The complaint and all documents and information described in

8-9  subsection 1 are public records if:

8-10    (a) Disciplinary action is imposed by the board as a result of an

8-11  investigation; or

8-12    (b) The person who is the subject of the investigation submits a

8-13  written request to the board requesting that the records be made public

8-14  records.

8-15    Sec. 18.  NRS 628.390 is hereby amended to read as follows:

8-16    628.390  1.  After giving notice and conducting a hearing, the board

8-17  may revoke, or may suspend for a period of not more than 5 years, any

8-18  certificate issued under NRS 628.190 to 628.310, inclusive, any

8-19  registration or license granted to a registered public accountant under NRS

8-20  628.350, or any registration of a partnership, corporation, limited-liability

8-21  company or office, or may revoke, suspend or refuse to renew any permit

8-22  issued under NRS 628.380, or may publicly censure the holder of any

8-23  permit, for any one or any combination of the following causes:

8-24    (a) Fraud or deceit in obtaining a certificate as certified public

8-25  accountant, or in obtaining registration or a license as a public accountant

8-26  under this chapter, or in obtaining a permit to practice public accounting

8-27  under this chapter.

8-28    (b) Dishonesty, fraud or gross negligence by a certified or registered

8-29  public accountant in the practice of public accounting or, if not in the

8-30  practice of public accounting, of a kind which adversely affects the ability

8-31  to perform public accounting.

8-32    (c) Violation of any of the provisions of this chapter.

8-33    (d) Violation of a regulation or rule of professional conduct adopted by

8-34  the board under the authority granted by this chapter.

8-35    (e) Conviction of a felony under the laws of any state or of the United

8-36  States.

8-37    (f) Conviction of any crime, an element of which is dishonesty or fraud,

8-38  under the laws of any state or of the United States.

8-39    (g) Cancellation, revocation, suspension or refusal to renew authority to

8-40  practice as a certified public accountant or a registered public accountant

8-41  by any other state, for any cause other than failure to pay an annual

8-42  registration fee or to comply with requirements for continuing education or

8-43  review of his practice in the other state.

8-44    (h) Suspension or revocation of the right to practice before any state or

8-45  federal agency.

8-46    (i) Unless the person has been placed on inactive or retired status,

8-47  failure to obtain an annual permit under NRS 628.380, within:

8-48      (1) One year after the expiration date of the permit to practice last

8-49  obtained or renewed by the certificate holder or registrant; or

9-1       (2) One year after the date upon which the certificate holder or

9-2  registrant was granted his certificate or registration, if no permit was ever

9-3  issued to him, unless the failure has been excused by the board.

9-4    (j) Conduct discreditable to the profession of public accounting or

9-5  which reflects adversely upon the fitness of the person to engage in the

9-6  practice of public accounting.

9-7    (k) Making a false or misleading statement in support of an application

9-8  for a certificate, registration or permit of another person.

9-9    2.  In addition to other penalties prescribed by this section, the board

9-10  may impose a civil penalty of not more than $5,000 for each violation.

9-11    3.  The board [may recover:

9-12    (a) Attorney’s fees and costs incurred in respect to a hearing held

9-13  pursuant to subsection 1 from a licensee if he is found in violation thereof;

9-14  and

9-15    (b) Attorney’s fees and costs incurred in the recovery of a civil penalty

9-16  imposed.] shall not privately censure the holder of any permit.

9-17    4.  The form and content of any disciplinary action taken by the

9-18  board are public records.

9-19    Sec. 19.  NRS 630.336 is hereby amended to read as follows:

9-20    630.336  1.  [Any proceeding of a committee of the board

9-21  investigating complaints is not subject to the requirements of NRS

9-22  241.020, unless the licensee under investigation requests that the

9-23  proceeding be subject to those requirements.] Any deliberations conducted

9-24  or vote taken by[:

9-25    (a) The board or panel regarding its decision; or

9-26    (b) The] the board or any investigative committee of the board

9-27  regarding its ordering of a physician to undergo a physical or mental

9-28  examination or any other examination designated to assist the board or

9-29  committee in determining the fitness of a physician[,]are not subject to the

9-30  requirements of NRS 241.020.

9-31    2.  Except as otherwise provided in subsection 3, all applications for a

9-32  license to practice medicine, any charges filed by the board, financial

9-33  records of the board, formal hearings on any charges heard by the board or

9-34  a panel selected by the board, records of such hearings and any order or

9-35  decision of the board or panel must be open to the public.

9-36    3.  [Except as otherwise provided in NRS 630.352 and 630.368, the]

9-37  The following may be kept confidential:

9-38    (a) Any statement, evidence, credential or other proof submitted in

9-39  support of or to verify the contents of an application;

9-40    (b) [All investigations and records of investigations;

9-41    (c)] Any report concerning the fitness of any person to receive or hold a

9-42  license to practice medicine;

9-43    [(d)] and

9-44    (c) Any communication between:

9-45      (1) The board and any of its committees or panels; and

9-46      (2) The board or its staff, investigators, experts, committees, panels,

9-47  hearing officers, advisory members or consultants and counsel for the

9-48  [board; and

9-49    (e) Any other information or records in the possession of the] board.

10-1    4.  Except as otherwise provided in subsection 5, a complaint filed

10-2  with the board pursuant to NRS 630.307, all documents and other

10-3  information filed with the complaint and all documents and other

10-4  information compiled as a result of an investigation conducted to

10-5  determine whether to impose disciplinary action are and remain

10-6  confidential.

10-7    5.  The complaint and all documents and information described in

10-8  subsection 4 are public records if:

10-9    (a) Disciplinary action is imposed as a result of an investigation; or

10-10  (b) The person who is the subject of the investigation submits a

10-11  written request to the board requesting that the records be made public

10-12  records.

10-13  6. This section does not prevent or prohibit the board from

10-14  communicating or cooperating with any other licensing board or agency or

10-15  any agency which is investigating a licensee, including a law enforcement

10-16  agency. Such cooperation may include providing the board or agency with

10-17  minutes of a closed meeting, transcripts of oral examinations and the

10-18  results of oral examinations.

10-19  Sec. 20.  NRS 630.352 is hereby amended to read as follows:

10-20  630.352  1.  Any member of the board, except for an advisory

10-21  member serving on a panel of the board hearing charges, may participate in

10-22  the final order of the board. If the board, after a formal hearing, determines

10-23  from a preponderance of the evidence that a violation of the provisions of

10-24  this chapter or of the regulations of the board has occurred, it shall issue

10-25  and serve on the physician charged an order, in writing, containing its

10-26  findings and any sanctions.

10-27  2.  If the board determines that no violation has occurred, it shall

10-28  dismiss the charges, in writing, and notify the physician that the charges

10-29  have been dismissed. If the disciplinary proceedings were instituted against

10-30  the physician as a result of a complaint filed against him, the board may

10-31  provide the physician with a copy of the complaint, including the name of

10-32  the person, if any, who filed the complaint.

10-33  3.  Except as otherwise provided in subsection 4, if the board finds that

10-34  a violation has occurred, it may by order:

10-35  (a) Place the person on probation for a specified period on any of the

10-36  conditions specified in the order;

10-37  (b) Administer to him a public reprimand;

10-38  (c) Limit his practice or exclude one or more specified branches of

10-39  medicine from his practice;

10-40  (d) Suspend his license for a specified period or until further order of

10-41  the board;

10-42  (e) Revoke his license to practice medicine;

10-43  (f) Require him to participate in a program to correct alcohol or drug

10-44  dependence or any other impairment;

10-45  (g) Require supervision of his practice;

10-46  (h) Impose a fine not to exceed $5,000;

10-47  (i) Require him to perform public service without compensation;

10-48  (j) Require him to take a physical or mental examination or an

10-49  examination testing his competence; and

11-1    (k) Require him to fulfill certain training or educational requirements .

11-2  [; and

11-3    (l) Require him to pay all costs incurred by the board relating to his

11-4  disciplinary proceedings.]

11-5    4.  If the board finds that the physician has violated the provisions of

11-6  NRS 439B.425, the board shall suspend his license for a specified period or

11-7  until further order of the board.

11-8    5.  The board shall not administer a private reprimand.

11-9    6.  The form and content of any disciplinary action taken by the

11-10  board are public records.

11-11  Sec. 21.  NRS 630A.510 is hereby amended to read as follows:

11-12  630A.510  1.  Any member of the board who was not a member of the

11-13  investigative committee, if one was appointed, may participate in the final

11-14  order of the board. If the board, after a formal hearing, determines that a

11-15  violation of the provisions of this chapter or the regulations adopted by the

11-16  board has occurred, it shall issue and serve on the person charged an order,

11-17  in writing, containing its findings and any sanctions imposed by the board.

11-18  If the board determines that no violation has occurred, it shall dismiss the

11-19  charges, in writing, and notify the person that the charges have been

11-20  dismissed.

11-21  2.  If the board finds that a violation has occurred, it may by order:

11-22  (a) Place the person on probation for a specified period on any of the

11-23  conditions specified in the order.

11-24  (b) Administer to the person a public reprimand.

11-25  (c) Limit the practice of the person or exclude a method of treatment

11-26  from the scope of his practice.

11-27  (d) Suspend the license of the person for a specified period or until

11-28  further order of the board.

11-29  (e) Revoke the license of the person to practice homeopathic medicine.

11-30  (f) Require the person to participate in a program to correct a

11-31  dependence upon alcohol or a controlled substance, or any other

11-32  impairment.

11-33  (g) Require supervision of the person’s practice.

11-34  (h) Impose an administrative fine not to exceed $10,000.

11-35  (i) Require the person to perform public service without compensation.

11-36  (j) Require the person to take a physical or mental examination or an

11-37  examination of his competence to practice homeopathic medicine.

11-38  (k) Require the person to fulfill certain training or educational

11-39  requirements.

11-40  [(l) Require the person to pay the costs of the investigation and

11-41  hearing.]

11-42  3.  The board shall not administer a private reprimand.

11-43  4.  The form and content of any disciplinary action taken by the

11-44  board are public records.

11-45  Sec. 22.  NRS 631.350 is hereby amended to read as follows:

11-46  631.350  1.  Except as otherwise provided in NRS 631.271 and

11-47  631.347, the board may:

11-48  (a) Refuse to issue a license to any person;

12-1    (b) Revoke or suspend the license or renewal certificate issued by it to

12-2  any person;

12-3    (c) Fine a person it has licensed;

12-4    (d) Place a person on probation for a specified period on any conditions

12-5  the board may order;

12-6    (e) Issue a public reprimand to a person;

12-7    (f) Limit a person’s practice to certain branches of dentistry;

12-8    (g) Require a person to participate in a program to correct alcohol or

12-9  drug abuse or any other impairment;

12-10  (h) Require that a person’s practice be supervised;

12-11  (i) Require a person to perform public service without compensation;

12-12  (j) Require a person to take a physical or mental examination or an

12-13  examination of his competence;

12-14  (k) Require a person to fulfill certain training or educational

12-15  requirements;

12-16  (l) Require a person to reimburse a patient; or

12-17  (m) Any combination thereof,

12-18  upon proof satisfactory to the board that the person has engaged in any of

12-19  the activities listed in subsection 2.

12-20  2.  The following activities may be punished as provided in
subsection 1:

12-21  (a) Engaging in the illegal practice of dentistry or dental hygiene;

12-22  (b) Engaging in unprofessional conduct; or

12-23  (c) Violating any regulations adopted by the board or the provisions of

12-24  this chapter.

12-25  3.  The board may delegate to a hearing officer or panel its authority to

12-26  take any disciplinary action pursuant to this chapter, impose and collect

12-27  fines therefor and deposit the money therefrom in banks, credit unions or

12-28  savings and loan associations in this state.

12-29  4.  If a hearing officer or panel is not authorized to take disciplinary

12-30  action pursuant to subsection 3 and the board deposits the money collected

12-31  from the imposition of fines with the state treasurer for credit to the state

12-32  general fund, it may present a claim to the state board of examiners for

12-33  recommendation to the interim finance committee if money is needed to

12-34  pay attorney’s fees or the costs of an investigation, or both.

12-35  5.  The board shall not issue a private reprimand.

12-36  6.  The form and content of any disciplinary action taken by the

12-37  board are public records.

12-38  Sec. 23.  NRS 632.325 is hereby amended to read as follows:

12-39  632.325  1.  If the board determines that a licensee or holder of a

12-40  certificate has committed any of the acts set forth in NRS 632.320, it may

12-41  take any one or more of the following disciplinary actions:

12-42  (a) Place conditions, limitations or restrictions on his license or

12-43  certificate.

12-44  (b) Impose and collect an administrative fine of not more than $5,000.

12-45  (c) [Require the licensee or holder of a certificate to pay all costs

12-46  incurred by the board relating to the discipline of the licensee or holder of a

12-47  certificate.

13-1    (d) Reprimand] Publicly reprimand the licensee or holder of a

13-2  certificate.

13-3    [(e)] (d) Accept the voluntary surrender of a license or certificate in lieu

13-4  of imposing any other disciplinary action set forth in this subsection.

13-5    2.  If the board determines that:

13-6    (a) A person whose license or certificate is suspended or voluntarily

13-7  surrendered, or has been placed on an inactive list pursuant to NRS

13-8  632.341, has committed, during the period his license or certificate was

13-9  valid, inactive or would have been valid if not for the suspension or

13-10  surrender; or

13-11  (b) An applicant for the renewal or reinstatement of a license or

13-12  certificate has committed, at any time after the most recent renewal of his

13-13  license or certificate or the issuance of his original license or certificate if it

13-14  has not been renewed,

13-15  any of the acts set forth in NRS 632.320, the board may take any one or

13-16  more of the disciplinary actions set forth in subsection 1.

13-17  3.  The board shall not privately reprimand a licensee or holder of a

13-18  certificate.

13-19  4.  The form and content of any disciplinary action taken by the

13-20  board are public records.

13-21  Sec. 24.  Chapter 633 of NRS is hereby amended by adding thereto a

13-22  new section to read as follows:

13-23  1.  Except as otherwise provided in this section, a complaint filed with

13-24  the board, all documents and other information filed with the complaint

13-25  and all documents and other information compiled as a result of the

13-26  investigation conducted to determine whether to impose disciplinary

13-27  action are and remain confidential.

13-28  2.  The complaint and all documents and information described in

13-29  subsection 1 are public records if:

13-30  (a) Disciplinary action is imposed as a result of an investigation; or

13-31  (b) The person who is the subject of the investigation submits a

13-32  written request to the board requesting that the records be made public

13-33  records.

13-34  Sec. 25.  NRS 633.301 is hereby amended to read as follows:

13-35  633.301  The board shall keep a record of its proceedings relating to

13-36  licensing and disciplinary actions. [The record shall ] Except as otherwise

13-37  provided in section 24 of this act, the record must be open to public

13-38  inspection at all reasonable times and shall also contain the name, known

13-39  place of business and residence, and the date and number of the license of

13-40  every osteopathic physician licensed under this chapter.

13-41  Sec. 26.  NRS 633.651 is hereby amended to read as follows:

13-42  633.651  1.  The person charged is entitled to a hearing before the

13-43  board, but the failure of the person charged to attend his hearing or his

13-44  failure to defend himself shall not serve to delay or void the proceedings.

13-45  The board may, for good cause shown, continue any hearing from time to

13-46  time.

13-47  2.  If the board finds the person guilty as charged in the complaint, it

13-48  may by order:

14-1    (a) Place the person on probation for a specified period or until further

14-2  order of the board.

14-3    (b) Administer to the person a public [or private] reprimand.

14-4    (c) Limit the practice of the person to, or by the exclusion of, one or

14-5  more specified branches of osteopathic medicine.

14-6    (d) Suspend the license of the person to practice osteopathic medicine

14-7  for a specified period or until further order of the board.

14-8    (e) Revoke the license of the person to practice osteopathic
medicine.

14-9  The order of the board may contain such other terms, provisions or

14-10  conditions as the board deems proper and which are not inconsistent with

14-11  law.

14-12  3.  The board shall not administer a private reprimand.

14-13  4.  The form and content of any disciplinary action taken by the

14-14  board are public records.

14-15  Sec. 27.  Chapter 634 of NRS is hereby amended by adding thereto a

14-16  new section to read as follows:

14-17  1.  Except as otherwise provided in this section, a complaint filed with

14-18  the board, all documents and other information filed with the complaint

14-19  and all documents and other information compiled as a result of the

14-20  investigation conducted to determine whether to impose disciplinary

14-21  action are and remain confidential.

14-22  2.  The complaint and all documents and information described in

14-23  subsection 1 are public records if:

14-24  (a) Disciplinary action is imposed by the board as a result of an

14-25  investigation; or

14-26  (b) The person who is the subject of an investigation submits a written

14-27  request to the board requesting that the records be made public records.

14-28  Sec. 28.  NRS 634.190 is hereby amended to read as follows:

14-29  634.190  1.  The person charged is entitled to a hearing before the

14-30  board, but the failure of the person charged to attend his hearing or his

14-31  failure to defend himself does not delay or void the proceedings. The board

14-32  may, for good cause shown, continue any hearing from time to time.

14-33  2.  If the board finds the person guilty as charged in the complaint, it

14-34  may by order:

14-35  (a) Place the person on probation for a specified period or until further

14-36  order of the board.

14-37  (b) Administer to the person a public [or private] reprimand.

14-38  (c) Limit the practice of the person to, or by the exclusion of, one or

14-39  more specified branches of chiropractic.

14-40  (d) Suspend the license of the person to practice chiropractic for a

14-41  specified period or until further order of the board.

14-42  (e) Revoke the license of the person to practice chiropractic.

14-43  (f) Impose a fine of not more than $10,000, which must be deposited

14-44  with the state treasurer for credit to the state general fund.

14-45  [(g) Require the person to pay all costs incurred by the board relating to

14-46  the discipline of the person.]

15-1  The order of the board may contain such other terms, provisions or

15-2  conditions as the board deems proper and which are not inconsistent with

15-3  law.

15-4    3.  If the board finds that a licensee has violated the provisions of NRS

15-5  439B.425, the board shall suspend his license for a specified period or until

15-6  further order of the board.

15-7    4.  The board shall not administer a private reprimand.

15-8    5.  The form and content of any disciplinary action taken by the

15-9  board are public records.

15-10  Sec. 29.  NRS 634.212 is hereby amended to read as follows:

15-11  634.212  1.  The board shall keep a record of its proceedings relating

15-12  to licensing and disciplinary actions. [These] Except as otherwise provided

15-13  in section 27 of this act, these records must be open to public inspection at

15-14  all reasonable times and must contain the name, known place of business

15-15  and residence, and the date and number of the license of every chiropractor

15-16  licensed under this chapter. The board may keep such other records as it

15-17  deems desirable.

15-18  2.  Except as otherwise provided in this subsection, all information

15-19  pertaining to the personal background, medical history or financial affairs

15-20  of an applicant or licensee which the board requires to be furnished to it

15-21  under this chapter, or which it otherwise obtains, is confidential and may

15-22  be disclosed in whole or in part only as necessary in the course of

15-23  administering this chapter or upon the order of a court of competent

15-24  jurisdiction. The board may, under procedures established by regulation,

15-25  permit the disclosure of this information to any agent of the Federal

15-26  Government, of another state or of any political subdivision of this state

15-27  who is authorized to receive it.

15-28  3.  Notice of the disclosure and the contents of the information

15-29  disclosed pursuant to subsection 2 must be given to the applicant or

15-30  licensee who is the subject of that information.

15-31  Sec. 30.  Chapter 634A of NRS is hereby amended by adding thereto a

15-32  new section to read as follows:

15-33  1.  Except as otherwise provided in this section, a complaint filed with

15-34  the board, all documents and other information filed with the complaint

15-35  and all documents and other information compiled as a result of the

15-36  investigation conducted to determine whether to impose disciplinary

15-37  action are and remain confidential.

15-38  2.  The complaint and all documents and information described in

15-39  subsection 1 are public records if:

15-40  (a) Disciplinary action is imposed as a result of an investigation; or

15-41  (b) The person who is the subject of the investigation submits a

15-42  written request to the board requesting that the records be made public

15-43  records.

15-44  3.  The form and content of any disciplinary action taken by the

15-45  board are public records.

15-46  Sec. 31.  NRS 634A.250 is hereby amended to read as follows:

15-47  634A.250  [1.] In addition to any other penalties prescribed by law,

15-48  the board may, after notice and hearing, impose upon any person who

16-1  violates any provision of this chapter or the regulations adopted pursuant

16-2  thereto an administrative fine of not more than $2,500.

16-3    [2.  If discipline is imposed pursuant to this chapter, the costs of the

16-4  proceeding, including investigative costs and attorney’s fees, may be

16-5  recovered by the board.]

16-6    Sec. 32.  Chapter 635 of NRS is hereby amended by adding thereto a

16-7  new section to read as follows:

16-8    1.  Except as otherwise provided in this section, a complaint filed with

16-9  the board, all documents and other information filed with the complaint

16-10  and all documents and other information compiled as a result of the

16-11  investigation conducted to determine whether to impose disciplinary

16-12  action are and remain confidential.

16-13  2.  The complaint and all documents and information described in

16-14  subsection 1 are public records if:

16-15  (a) Disciplinary action is imposed by the board as a result of an

16-16  investigation; or

16-17  (b) The person who is the subject of the investigation submits a

16-18  written request to the board requesting that the records be made public

16-19  records.

16-20  3.  The form and content of any disciplinary action taken by the

16-21  board are public records.

16-22  Sec. 33.  NRS 635.130 is hereby amended to read as follows:

16-23  635.130  1.  The board, after notice and hearing, and upon any cause

16-24  enumerated in subsection 2, may take one or more of the following

16-25  disciplinary actions:

16-26  (a) Deny an application for a license or refuse to renew a license.

16-27  (b) Suspend or revoke a license.

16-28  (c) Place a licensee on probation.

16-29  (d) Impose a fine not to exceed $5,000.

16-30  [(e) Require the licensee to pay all costs incurred by the board relating

16-31  to the discipline of the licensee.]

16-32  2.  The board may take disciplinary action against a licensee for any of

16-33  the following causes:

16-34  (a) The making of a false statement in any affidavit required of the

16-35  applicant for application, examination or licensure pursuant to the

16-36  provisions of this chapter.

16-37  (b) Lending the use of the holder’s name to an unlicensed person.

16-38  (c) If the holder is a podiatric physician, his permitting an unlicensed

16-39  person in his employ to practice as a podiatry hygienist.

16-40  (d) Habitual indulgence in the use of alcohol or any controlled

16-41  substance which impairs the intellect and judgment to such an extent as in

16-42  the opinion of the board incapacitates the holder in the performance of his

16-43  professional duties.

16-44  (e) Conviction of a crime involving moral turpitude.

16-45  (f) Conviction of violating any of the provisions of NRS 616D.200,

16-46  616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

16-47  (g) Conduct which in the opinion of the board disqualifies him to

16-48  practice with safety to the public.

17-1    (h) The commission of fraud by or on behalf of the licensee regarding

17-2  his license or practice.

17-3    (i) Gross incompetency.

17-4    (j) Affliction of the licensee with any mental or physical disorder which

17-5  seriously impairs his competence as a podiatric physician or podiatry

17-6  hygienist.

17-7    (k) False representation by or on behalf of the licensee regarding his

17-8  practice.

17-9    (l) Unethical or unprofessional conduct.

17-10  (m) Willful or repeated violations of this chapter or regulations adopted

17-11  by the board.

17-12  (n) Willful violation of the regulations adopted by the state board of

17-13  pharmacy.

17-14  Sec. 34.  NRS 635.180 is hereby amended to read as follows:

17-15  635.180  Except as otherwise provided in NRS 635.167, every person

17-16  who practices podiatry or as a podiatry hygienist without having complied

17-17  with the provisions of this chapter must be fined not more than $10,000 for

17-18  each offense . [and may be required to pay all costs incurred by the board

17-19  relating to the discipline of the person.]

17-20  Sec. 35.  Chapter 636 of NRS is hereby amended by adding thereto a

17-21  new section to read as follows:

17-22  1.  Except as otherwise provided in this section, a complaint filed with

17-23  the board, all documents and other information filed with the complaint

17-24  and all documents and other information compiled as a result of an

17-25  investigation conducted to determine whether to impose disciplinary

17-26  action are and remain confidential.

17-27  2.  The complaint and all documents and information described in

17-28  subsection 1 are public records if:

17-29  (a) Disciplinary action is imposed by the board as a result of an

17-30  investigation; or

17-31  (b) The person who is the subject of the investigation submits a

17-32  written request to the board requesting that the records be made public

17-33  records.

17-34  Sec. 36.  NRS 636.105 is hereby amended to read as follows:

17-35  636.105  1.  The executive director shall make and keep:

17-36  (a) A record of all meetings and proceedings of the board.

17-37  (b) A record of all prosecutions and violations of this chapter.

17-38  (c) A record of the results of all examinations of applicants.

17-39  (d) A register of all licensees.

17-40  (e) An inventory of all property of the board and all property of the state

17-41  in the board’s possession.

17-42  2.  [All] Except as otherwise provided in section 35 of this act, records

17-43  of the board are subject to public inspection.

17-44  3.  All records of the board must be kept in the office of the board.

17-45  Sec. 37.  NRS 636.325 is hereby amended to read as follows:

17-46  636.325  1.  Upon conclusion of the hearing, or waiver thereof by the

17-47  licensee against whom the charge is filed, the board shall make and

17-48  announce its decision. If the board determines that the allegations included

18-1  in the charge are true, it may, in the exercise of reasonable discretion, take

18-2  any one or more of the following actions:

18-3    (a) [Reprimand] Publicly reprimand the licensee;

18-4    (b) Place the licensee on probation for a specified or unspecified period;

18-5    (c) Suspend the licensee from practice for a specified or unspecified

18-6  period;

18-7    (d) Revoke the licensee’s license; or

18-8    (e) Impose an administrative fine pursuant to the provisions of NRS

18-9  636.420 . [and order the licensee to pay any costs or fees incurred by the

18-10  board in connection with the hearing.]

18-11  The board may, in connection with a reprimand, probation or suspension,

18-12  impose such other terms or conditions as it deems necessary.

18-13  2.  If the board determines that the allegations included in the charge

18-14  are false or do not warrant disciplinary action, it shall dismiss the charge.

18-15  3.  The board shall not privately reprimand a licensee.

18-16  4.  The form and content of any disciplinary action taken by the

18-17  board are public records.

18-18  Sec. 38.  Chapter 637 of NRS is hereby amended by adding thereto a

18-19  new section to read as follows:

18-20  1.  Except as otherwise provided in this section, a complaint filed with

18-21  the board, all documents and other information filed with the complaint

18-22  and all documents and other information compiled as a result of the

18-23  investigation conducted to determine whether to impose disciplinary

18-24  action are and remain confidential.

18-25  2.  The complaint and all documents and information described in

18-26  subsection 1 are public records if:

18-27  (a) Disciplinary action is imposed by the board as a result of an

18-28  investigation; or

18-29  (b) The person who is the subject of the investigation submits a

18-30  written request to the board requesting that the records be made public

18-31  records.

18-32  Sec. 39.  NRS 637.085 is hereby amended to read as follows:

18-33  637.085  1.  Except as otherwise provided in subsection 2[,] and

18-34  section 38 of this act, all applications for licensure, any charges filed by

18-35  the board, financial records of the board, formal hearings on any charges

18-36  heard by the board or a panel selected by the board, records of the hearings

18-37  and any order or decision of the board or panel must be open to the public.

18-38  2.  [The] Except as otherwise provided in section 38 of this act, the

18-39  following may be kept confidential:

18-40  (a) Any statement, evidence, credential or other proof submitted in

18-41  support of or to verify the contents of an application.

18-42  (b) [All investigations and records of investigations.

18-43  (c)] Any report concerning the fitness of any person to receive or hold a

18-44  license to practice ophthalmic dispensing.

18-45  [(d)] (c) Any communication between:

18-46     (1) The board and any of its committees or panels; and

18-47     (2) The board or its staff, investigators, experts, committees, panels,

18-48  hearing officers, advisory members or consultants and counsel for the

18-49  board.

19-1    [(e)] (d) Any other information or records in the possession of the

19-2  board.

19-3    3.  This section does not prohibit the board from communicating or

19-4  cooperating with any other licensing board or agency or any agency which

19-5  is investigating a licensee, including a law enforcement agency.

19-6    Sec. 40.  NRS 637.150 is hereby amended to read as follows:

19-7    637.150  1.  Upon proof to the satisfaction of the board that an

19-8  applicant or holder of a license:

19-9    [1.] (a) Has been adjudicated insane;

19-10  [2.] (b) Habitually uses any controlled substance or intoxicant;

19-11  [3.] (c) Has been convicted of a crime involving moral turpitude;

19-12  [4.] (d) Has been convicted of violating any of the provisions of NRS

19-13  616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;

19-14  [5.] (e) Has advertised in any manner which would tend to deceive,

19-15  defraud or mislead the public;

19-16  [6.] (f) Has presented to the board any diploma, license or certificate

19-17  that has been signed or issued unlawfully or under fraudulent

19-18  representations, or obtains or has obtained a license to practice in the state

19-19  through fraud of any kind;

19-20  [7.] (g) Has been convicted of a violation of any federal or state law

19-21  relating to a controlled substance;

19-22  [8.] (h) Has violated any regulation of the board;

19-23  [9.] (i) Has violated any provision of this chapter;

19-24  [10.] (j) Is incompetent;

19-25  [11.] (k) Is guilty of unethical or unprofessional conduct as determined

19-26  by the board;

19-27  [12.] (l) Is guilty of repeated malpractice, which may be evidenced by

19-28  claims of malpractice settled against a practitioner; or

19-29  [13.] (m) Is guilty of a fraudulent or deceptive practice as determined

19-30  by the board,

19-31  the board may, in the case of an applicant, refuse to grant him a license, or

19-32  may, in the case of a holder of a license, place him on probation, reprimand

19-33  him [privately or] publicly, require him to pay an administrative fine of not

19-34  more than $10,000, suspend or revoke his license, or take any combination

19-35  of these disciplinary actions.

19-36  2.  The board shall not privately reprimand an applicant or holder of

19-37  a license.

19-38  3.  The form and content of any disciplinary action taken by the

19-39  board are public records.

19-40  Sec. 41.  Chapter 637A of NRS is hereby amended by adding thereto a

19-41  new section to read as follows:

19-42  1.  Except as otherwise provided in this section, a complaint filed with

19-43  the board, all documents and other information filed with the complaint

19-44  and all documents and other information compiled as a result of an

19-45  investigation conducted to determine whether to impose disciplinary

19-46  action are and remain confidential.

19-47  2.  The complaint and all documents and information described in

19-48  subsection 1 are public records if:

20-1    (a) Disciplinary action is imposed by the board as a result of an

20-2  investigation; or

20-3    (b) The person who is the subject of the investigation submits a

20-4  written request to the board requesting that the records be made public

20-5  records.

20-6    Sec. 42.  NRS 637A.290 is hereby amended to read as follows:

20-7    637A.290  1.  The holder of any license issued by the board whose

20-8  default has been entered or who has been heard by the board and found

20-9  guilty of the violation alleged in the complaint may be disciplined by the

20-10  board by one or more of the following methods:

20-11  (a) Placing the licensee on probation for a period not to exceed 2 years;

20-12  (b) Suspending the right of the licensee to practice, or the right to use a

20-13  license, for a period not to exceed 3 years;

20-14  (c) Revoking the license;

20-15  (d) Public [or private] reprimand;

20-16  (e) Imposition of an administrative fine not to exceed $5,000 upon a

20-17  finding by the board of more than one violation;

20-18  (f) [Requiring the licensee to pay the costs incurred by the board in

20-19  investigating and disciplining the licensee;

20-20  (g)] Requiring the licensee to pay restitution to any person who has

20-21  suffered an economic loss as a result of a violation of the provisions of this

20-22  chapter or any regulation adopted by the board pursuant thereto; or

20-23  [(h)] (g) Requiring the licensee to retake and pass the examination or

20-24  otherwise demonstrate that he is qualified and competent to practice.

20-25  2.  If a license is suspended, it must be surrendered to the board and

20-26  returned to the licensee upon termination of the period of suspension.

20-27  3.  The board shall not issue a private reprimand.

20-28  4.  The form and content of any disciplinary action taken by the

20-29  board are public records.

20-30  Sec. 43.  Chapter 637B of NRS is hereby amended by adding thereto a

20-31  new section to read as follows:

20-32  1.  Except as otherwise provided in this section, a complaint filed with

20-33  the board, all documents and other information filed with the complaint

20-34  and all documents and other information compiled as a result of an

20-35  investigation conducted to determine whether to impose disciplinary

20-36  action are and remain confidential.

20-37  2.  The complaint and all documents and information described in

20-38  subsection 1 are public records if:

20-39  (a) Disciplinary action is imposed by the board as a result of an

20-40  investigation; or

20-41  (b) The person who is the subject of the investigation submits a

20-42  written request to the board requesting that the records be made public

20-43  records.

20-44  Sec. 44.  NRS 637B.280 is hereby amended to read as follows:

20-45  637B.280  1.  If, after the hearing, the board determines that the

20-46  applicant or licensee has committed any act which constitutes grounds for

20-47  disciplinary action, the board may , in the case of the applicant , refuse to

20-48  issue a license, and in all other cases:

20-49  [1.] (a) Refuse to renew a license;

21-1    [2.] (b) Revoke a license;

21-2    [3.] (c) Suspend a license for a definite time, not to exceed 1 year;

21-3    [4.] (d) Administer to the licensee a public [or private] reprimand; or

21-4    [5.] (e) Impose a civil penalty not to exceed $1,000.

21-5    2.  The board shall not administer a private reprimand.

21-6    3.  The form and content of any disciplinary action taken by the

21-7  board are public records.

21-8    Sec. 45.  Chapter 638 of NRS is hereby amended by adding thereto a

21-9  new section to read as follows:

21-10  1.  Except as otherwise provided in this section, a complaint filed with

21-11  the board, all documents and other information filed with the complaint

21-12  and all documents and other information compiled as a result of an

21-13  investigation conducted to determine whether to impose disciplinary

21-14  action are and remain confidential.

21-15  2.  The complaint and all documents and information described in

21-16  subsection 1 are public records if:

21-17  (a) Disciplinary action is imposed by the board as a result of an

21-18  investigation; or

21-19  (b) The person who is the subject of the investigation submits a

21-20  written request to the board requesting that the records be made public

21-21  records.

21-22  Sec. 46.  NRS 638.087 is hereby amended to read as follows:

21-23  638.087  1.  The board shall keep a record of:

21-24  (a) All charges filed against a licensee;

21-25  (b) The proceedings of any formal hearing conducted by the board or a

21-26  hearing officer;

21-27  (c) Any order filed by the board; and

21-28  (d) All licenses issued by the board including the name of the holder of

21-29  the license, his business and residential addresses, the date the license was

21-30  issued and the serial number of the license.

21-31  2.  [The] Except as otherwise provided in section 45 of this act, the

21-32  records of the board listed in subsection 1 must be open to the public at

21-33  reasonable times and places.

21-34  Sec. 47.  NRS 638.100 is hereby amended to read as follows:

21-35  638.100  1.  Any person who desires to secure a license to practice

21-36  veterinary medicine, surgery, obstetrics or dentistry in the State of Nevada

21-37  must make written application to the executive director of the board.

21-38  2.  The application must include the social security number of the

21-39  applicant and any other information required by the board and must be

21-40  accompanied by satisfactory proof that the applicant:

21-41  (a) Is of good moral character;

21-42  (b) Except as otherwise provided in subsection 3, has received a

21-43  diploma conferring the degree of doctor of veterinary medicine or its

21-44  equivalent from a school of veterinary medicine within the United States or

21-45  Canada or, if the applicant is a graduate of a school of veterinary medicine

21-46  located outside the United States or Canada, that he has received an

21-47  educational certificate issued after December 31, 1972, by the Educational

21-48  Committee on Foreign Veterinary Graduates of the American Veterinary

21-49  Medical Association;

22-1    (c) Has passed each examination required by the board pursuant to NRS

22-2  638.110; and

22-3    (d) Is a citizen of the United States or is lawfully entitled to remain and

22-4  work in the United States.

22-5    3.  A veterinary student in his final year at a school accredited by the

22-6  American Veterinary Medical Association may submit an application to

22-7  the board and take the state examination administered by the board, but the

22-8  board may not issue him a license until he has complied with the

22-9  requirements of subsection 2.

22-10  4.  The application must be signed by the applicant, notarized and

22-11  accompanied by a fee set by the board, not to exceed $500.

22-12  5.  The board may refuse to issue a license upon satisfactory proof that

22-13  the applicant has committed an act which would be a ground for

22-14  disciplinary action if the applicant were a licensee.

22-15  [6.  If an applicant brings a civil action against the board for denial of a

22-16  license and the decision of the board is upheld, the board may recover all

22-17  administrative expenses and attorney’s fees and costs incurred by the board

22-18  in defending the action brought against it.]

22-19  Sec. 48.  NRS 638.147 is hereby amended to read as follows:

22-20  638.147  1.  If the board determines that any applicant for a license or

22-21  any person licensed pursuant to this chapter has committed any of the acts

22-22  which are grounds for disciplinary action, the board may:

22-23  [1.] (a) Refuse to issue a license.

22-24  [2.] (b) Refuse to renew a license.

22-25  [3.] (c) Revoke a license.

22-26  [4.] (d) Suspend a license for a definite period or until further order of

22-27  the board.

22-28  [5.] (e) Impose a fine in an amount not to exceed $10,000 for each act

22-29  which constitutes a ground for disciplinary action.

22-30  [6.] (f) Place a licensee on probation subject to any reasonable

22-31  conditions imposed by the board, including requiring courses in continuing

22-32  education or a periodic or continuous review of his practice.

22-33  [7.] (g) Administer a public [or private reprimand.

22-34  8.] reprimand.

22-35  (h) Limit the practice of the licensee to specified branches of veterinary

22-36  medicine.

22-37  [9.] (i) Require the licensee to take a competency examination or a

22-38  mental or physical examination.

22-39  [10.  Require the licensee to pay all costs incurred by the board in

22-40  taking disciplinary action against the licensee.]

22-41  2.  The board shall not administer a private reprimand.

22-42  3.  The form and content of any disciplinary action taken by the

22-43  board are public records.

22-44  Sec. 49.  NRS 639.255 is hereby amended to read as follows:

22-45  639.255  1.  The holder of any certificate, license or permit issued by

22-46  the board, whose default has been entered or who has been heard by the

22-47  board and found guilty of the violations alleged in the accusation, may be

22-48  disciplined by the board by one or more of the following methods:

22-49  (a) Suspending judgment;

23-1    (b) Placing the certificate, license or permit holder on probation;

23-2    (c) Suspending the right of a certificate holder to practice, or the right to

23-3  use any license or permit, for a period not to exceed 1 year;

23-4    (d) Revoking the certificate, license or permit;

23-5    (e) Public [or private] reprimand; or

23-6    (f) Imposition of a fine not to exceed $1,000 for each count of the

23-7  accusation . [; or

23-8    (g) Requiring the certificate, license or permit holder to pay all costs

23-9  incurred by the board relating to the discipline of the person.]

23-10  2.  Such action by the board is final, except that the propriety of such

23-11  action is subject to review upon questions of law by a court of competent

23-12  jurisdiction.

23-13  3.  The board shall not issue a private reprimand.

23-14  4.  The form and content of any disciplinary action taken by the

23-15  board are public records.

23-16  Sec. 50.  NRS 640.075 is hereby amended to read as follows:

23-17  640.075  1.  Any records or information obtained during the course of

23-18  an investigation by the board and any record of the investigation are

23-19  confidential until the investigation is completed. Upon completion of the

23-20  investigation the information and records are public records, only if:

23-21  (a) Disciplinary action is imposed by the board as a result of the

23-22  investigation; or

23-23  (b) The person regarding whom the investigation was made submits a

23-24  written request to the board asking that the information and records be

23-25  made public records.

23-26  2.  This section does not prevent or prohibit the board from

23-27  communicating or cooperating with another licensing board or any agency

23-28  that is investigating a licensee, including a law enforcement agency.

23-29  3.  The form and content of any disciplinary action taken by the

23-30  board are public records.

23-31  Sec. 51.  NRS 640.160 is hereby amended to read as follows:

23-32  640.160  1.  The board, after due notice and hearing, and upon any

23-33  ground enumerated in subsection 2, may take one or more of the following

23-34  actions:

23-35  (a) Refuse to issue a license or temporary license to any applicant.

23-36  (b) Refuse to renew the license or temporary license of any person.

23-37  (c) Suspend or revoke the license or temporary license of any person.

23-38  (d) Place any person who has been issued a license or temporary license

23-39  on probation.

23-40  (e) Impose an administrative fine which does not exceed $5,000 on any

23-41  person who has been issued a license.

23-42  [(f) Require any person who has been issued a license to pay all costs

23-43  incurred by the board relating to the discipline of the person.]

23-44  2.  The board may take action pursuant to subsection 1 if an applicant

23-45  or person who has been licensed pursuant to this chapter:

23-46  (a) Is habitually drunk or is addicted to the use of a controlled

23-47  substance.

23-48  (b) Has been convicted of violating any state or federal law relating to

23-49  controlled substances.

24-1    (c) Is, in the judgment of the board, guilty of immoral or unprofessional

24-2  conduct.

24-3    (d) Has been convicted of any crime involving moral turpitude.

24-4    (e) Has been convicted of violating any of the provisions of NRS

24-5  616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

24-6    (f) Is guilty, in the judgment of the board, of gross negligence in his

24-7  practice as a physical therapist which may be evidenced by claims of

24-8  malpractice settled against a practitioner.

24-9    (g) Has obtained or attempted to obtain a license by fraud or material

24-10  misrepresentation.

24-11  (h) Has been declared insane by a court of competent jurisdiction and

24-12  has not thereafter been lawfully declared sane.

24-13  (i) Has entered into any contract or arrangement which provides for the

24-14  payment of an unearned fee to any person following his referral of a

24-15  patient.

24-16  (j) Has employed as a physical therapist any unlicensed physical

24-17  therapist or physical therapist whose license has been suspended.

24-18  (k) Has had his license to practice physical therapy suspended, revoked

24-19  or in any way limited by another jurisdiction.

24-20  (l) Is determined to be professionally incompetent by the board.

24-21  (m) Has violated any provision of this chapter or the board’s

24-22  regulations.

24-23  Sec. 52.  NRS 640A.200 is hereby amended to read as follows:

24-24  640A.200  1.  The board may, after notice and hearing, suspend,

24-25  revoke or refuse to issue or renew a license to practice as an occupational

24-26  therapist or occupational therapy assistant, or may impose conditions upon

24-27  the use of that license, if the board determines that the holder of or

24-28  applicant for the license is guilty of unprofessional conduct which has

24-29  endangered or is likely to endanger the public health, safety or welfare. The

24-30  board may reinstate a revoked license upon application by the person to

24-31  whom the license was issued not less than 1 year after the license is

24-32  revoked.

24-33  2.  If the board receives a report pursuant to subsection 5 of NRS

24-34  228.420, a hearing must be held to consider the report within 30 days after

24-35  receiving the report.

24-36  3.  The form and content of any disciplinary action taken by the

24-37  board are public records.

24-38  4.  As used in this section, “unprofessional conduct” includes:

24-39  (a) The obtaining of a license by fraud or through the misrepresentation

24-40  or concealment of a material fact;

24-41  (b) The conviction of any crime, except a misdemeanor which does not

24-42  involve moral turpitude; and

24-43  (c) The violation of any provision of this chapter or regulation of the

24-44  board adopted pursuant to this chapter.

24-45  Sec. 53.  NRS 641.090 is hereby amended to read as follows:

24-46  641.090  1.  The secretary-treasurer shall make and keep on behalf of

24-47  the board:

24-48  (a) A record of all its meetings and proceedings.

25-1    (b) A record of all violations and prosecutions under the provisions of

25-2  this chapter.

25-3    (c) A record of all examinations of applicants.

25-4    (d) A register of all licenses.

25-5    (e) A register of all holders of licenses.

25-6    (f) An inventory of the property of the board and of the state in the

25-7  board’s possession.

25-8    2.  These records must be kept in the office of the board and , except as

25-9  otherwise provided in NRS 641.255, are subject to public inspection

25-10  during normal working hours upon reasonable notice.

25-11  3.  The board may keep the personnel records of applicants

25-12  confidential.

25-13  Sec. 54.  NRS 641.240 is hereby amended to read as follows:

25-14  641.240  1.  If the board, a panel of its members or a hearing officer

25-15  appointed by the board finds the person guilty as charged in the complaint,

25-16  it may:

25-17  [1.] (a) Administer a public [or private reprimand.

25-18  2.] reprimand.

25-19  (b) Limit his practice.

25-20  [3.] (c) Suspend his license for a period of not more than 1 year.

25-21  [4.] (d) Revoke his license.

25-22  [5.] (e) Impose a fine of not more than $5,000.

25-23  [6.] (f) Revoke or suspend his license and impose a monetary penalty.

25-24  [7.] (g) Suspend the enforcement of any penalty by placing him on

25-25  probation. The board may revoke the probation if the person does not

25-26  follow any conditions imposed.

25-27  [8.] (h) Require the person to submit to the supervision of or

25-28  counseling or treatment by a person designated by the board. The person

25-29  named in the complaint is responsible for any expense incurred.

25-30  [9.] (i) Impose and modify any conditions of probation for the

25-31  protection of the public or the rehabilitation of the probationer.

25-32  [10.] (j) Require the person to pay for the costs of remediation or

25-33  restitution.

25-34  [11.  Assess the costs of the disciplinary proceedings, including any

25-35  investigations.]

25-36  2.  The board shall not administer a private reprimand.

25-37  3.  The form and content of any disciplinary action taken by the

25-38  board are public records.

25-39  Sec. 55.  NRS 641.255 is hereby amended to read as follows:

25-40  641.255  1.  All complaints filed with the board , all information

25-41  relating to a complaint and all information relating to an investigation

25-42  conducted to determine whether to impose disciplinary action are

25-43  confidential, except to the extent necessary for the conduct of an

25-44  investigation . [, until the board determines whether to proceed with any

25-45  action authorized under this chapter.]

25-46  2.  The complaint and all documents and information described in

25-47  subsection 1 are public records if:

25-48  (a) Disciplinary action is imposed by the board as a result of the

25-49  investigation; or

26-1    (b) The person who is the subject of the investigation requesting that

26-2  the records be made public records.

26-3    3.  If the board dismisses [the complaint, it remains confidential. If the

26-4  board proceeds with any action, confidentiality is no longer required.] a

26-5  complaint, the complaint and all information relating to the complaint

26-6  and an investigation conducted to determine whether to impose

26-7  disciplinary action remain confidential.

26-8    Sec. 56.  NRS 641A.320 is hereby amended to read as follows:

26-9    641A.320  1.  The board may discipline the holder of any license

26-10  whose default has been entered or who has been heard by the board and

26-11  found guilty, by any of the following methods:

26-12  [1.] (a) Placing him upon probation for a period to be determined by

26-13  the board.

26-14  [2.] (b) Suspending his license for not more than 1 year.

26-15  [3.] (c) Revoking his license.

26-16  [4.] (d) Administering a [private or] public reprimand.

26-17  [5.] (e) Limiting his practice.

26-18  [6.] (f) Imposing an administrative fine of not more than $5,000.

26-19  [7.] (g) Requiring him to complete successfully another examination.

26-20  [8.  Requiring him to pay the costs incurred by the board to conduct the

26-21  hearing.]

26-22  2.  The board shall not administer a private reprimand.

26-23  3.  The form and content of any disciplinary action taken by the

26-24  board are public records.

26-25  Sec. 57.  NRS 641B.430 is hereby amended to read as follows:

26-26  641B.430  1.  The defendant licensee must be accorded the right to

26-27  appear at the hearing of a complaint conducted by the board in person and

26-28  through the representation of legal counsel. He must be given adequate

26-29  opportunity to confront the witnesses against him, testify and introduce the

26-30  testimony of witnesses in his behalf and submit arguments and briefs in

26-31  person or through his counsel. The board shall make and announce its

26-32  decision as soon as practicable.

26-33  2.  The failure of the person charged to attend his hearing or defend

26-34  himself must not delay and does not void the proceedings. The board may,

26-35  for good cause shown, continue any hearing from time to time.

26-36  3.  If the board finds the person guilty as charged in the complaint, it

26-37  may by order:

26-38  (a) Place the person on probation for a specified period or until further

26-39  order of the board.

26-40  (b) Administer to the person a public [or private] reprimand.

26-41  (c) Limit the practice of the person to, or by exclusion of, one or more

26-42  specified branches of social work.

26-43  (d) Suspend the license of the person to practice social work for a

26-44  specified period or until further order of the board.

26-45  (e) Revoke the license of the person to practice social work.

26-46  (f) Impose a fine of not more than $5,000, which must be deposited

26-47  with the state treasurer for credit to the state general fund.

26-48  [(g) Require the person to pay all costs incurred by the board relating to

26-49  the discipline of the person.]

27-1  The order of the board may contain other terms, provisions or conditions as

27-2  the board deems proper and which are not inconsistent with law.

27-3    4.  The board shall not administer a private reprimand.

27-4    5.  The form and content of any disciplinary action taken by the

27-5  board are public records.

27-6    Sec. 58.  NRS 641C.720 is hereby amended to read as follows:

27-7    641C.720  1.  The board or any of its members who become aware of

27-8  any ground for initiating disciplinary action against a person engaging in

27-9  the practice of counseling alcohol and drug abusers in this state shall, and

27-10  any other person who is so aware may, file a written complaint specifying

27-11  the relevant facts with the board. The complaint must specifically charge

27-12  one or more of the grounds for initiating disciplinary action.

27-13  2.  As soon as practicable after the filing of the complaint, the board

27-14  shall set a date for a hearing thereon. The date must not be earlier than 30

27-15  days after the complaint is filed, except that the date may be changed upon

27-16  agreement of the parties. The board shall immediately notify the licensed

27-17  or certified counselor or certified intern of the complaint and the date and

27-18  place set for the hearing. A copy of the complaint must be attached to the

27-19  notice.

27-20  3.  The failure of the licensed or certified counselor or certified intern

27-21  to appear at the hearing does not delay or void the proceeding.

27-22  4.  The board may, for good cause, continue a hearing from time to

27-23  time.

27-24  5.  If, after notice and a hearing, the board determines that the licensed

27-25  or certified counselor or certified intern has violated a provision of this

27-26  chapter or any regulation adopted pursuant to this chapter, it may:

27-27  (a) Administer a public [or private] reprimand;

27-28  (b) Suspend his license or certificate and impose conditions for the

27-29  removal of the suspension;

27-30  (c) Revoke his license or certificate and prescribe the requirements for

27-31  the reinstatement of the license or certificate;

27-32  (d) If he is a licensed or certified counselor, require him to be

27-33  supervised by another person while he engages in the practice of

27-34  counseling alcohol and drug abusers;

27-35  (e) Require him to participate in treatment or counseling and pay the

27-36  expenses of that treatment or counseling;

27-37  (f) Require him to pay restitution to any person adversely affected by

27-38  his acts or omissions;

27-39  (g) Impose a fine of not more than $5,000; or

27-40  (h) [Require him to pay the costs of the board for the investigation and

27-41  hearing; or

27-42  (i)] Take any combination of the actions authorized by paragraphs (a) to

27-43  [(h),] (g), inclusive.

27-44  6.  If his license or certificate is revoked or suspended pursuant to

27-45  subsection 5, the licensed or certified counselor or certified intern may

27-46  apply to the board for a rehearing within 10 days after the license or

27-47  certificate is revoked or suspended. The licensed or certified counselor or

27-48  certified intern may apply to the board for reinstatement of his revoked

27-49  license or certificate not earlier than 1 year after the license or certificate is

28-1  revoked. The board may accept or reject the application and may require

28-2  the successful completion of an examination as a condition of

28-3  reinstatement of the license or certificate.

28-4    7.  The board shall not administer a private reprimand.

28-5    8.  The form and content of any disciplinary action taken by the

28-6  board are public records.

28-7    Sec. 59.  Chapter 642 of NRS is hereby amended by adding thereto a

28-8  new section to read as follows:

28-9    1.  Except as otherwise provided in this section, a complaint filed with

28-10  the board, all documents and other information filed with the complaint

28-11  and all documents and other information compiled as a result of an

28-12  investigation conducted to determine whether to impose disciplinary

28-13  action are and remain confidential.

28-14  2.  The complaint and all documents and information described in

28-15  subsection 1 are public records if:

28-16  (a) Disciplinary action is imposed by the board as a result of an

28-17  investigation; or

28-18  (b) The person who is the subject of the investigation submits a

28-19  written request to the board requesting that the records be made public

28-20  records.

28-21  Sec. 60.  NRS 642.135 is hereby amended to read as follows:

28-22  642.135  1.  If the board determines that a person who is licensed to

28-23  practice the profession of embalming pursuant to this chapter has

28-24  committed any of the acts set forth in NRS 642.130, the board may:

28-25  [1.] (a) Refuse to renew his license;

28-26  [2.] (b) Revoke his license;

28-27  [3.] (c) Suspend his license for a definite period or until further order of

28-28  the board;

28-29  [4.] (d) Impose a fine of not more than $5,000 for each act which

28-30  constitutes a ground for disciplinary action;

28-31  [5.] (e) Place him on probation for a definite period subject to any

28-32  reasonable conditions imposed by the board;

28-33  [6.] (f) Administer a public [or private reprimand;

28-34  7.  Require him to pay the costs incurred by the board in taking

28-35  disciplinary action against him; or

28-36  8.] reprimand; or

28-37  (g) Impose any combination of disciplinary actions set forth in this

28-38  section.

28-39  2.  The board shall not administer a private reprimand.

28-40  3.  The form and content of any disciplinary action taken by the

28-41  board are public records.

28-42  Sec. 61.  NRS 642.473 is hereby amended to read as follows:

28-43  642.473  1.  If the board determines that a person who holds a funeral

28-44  director’s license, a permit to operate a funeral establishment or a license to

28-45  conduct direct cremations or immediate burials has committed any of the

28-46  acts set forth in NRS 642.470, the board may:

28-47  (a) Refuse to renew his license or permit;

28-48  (b) Revoke his license or permit;

29-1    (c) Suspend his license or permit for a definite period or until further

29-2  order of the board;

29-3    (d) Impose a fine of not more than $5,000 for each act that constitutes a

29-4  ground for disciplinary action;

29-5    (e) Place him on probation for a definite period subject to any

29-6  reasonable conditions imposed by the board;

29-7    (f) Administer a public [or private] reprimand; or

29-8    (g) [Require him to pay the costs incurred by the board in taking

29-9  disciplinary action against him; or

29-10  (h)] Impose any combination of disciplinary actions set forth in

29-11  paragraphs (a) to [(g),] (f), inclusive.

29-12  2.  Before the board may refuse to renew, or suspend or revoke a

29-13  license or permit for any of the acts set forth in NRS 642.470, the board

29-14  shall give at least 10 days’ notice in writing to the licensee or holder of the

29-15  permit. The notice must contain a brief statement of the reasons for the

29-16  proposed action of the board and designate a time and place for a hearing

29-17  before any final action is taken.

29-18  3.  The board shall not administer a private reprimand.

29-19  4.  The form and content of any disciplinary action taken by the

29-20  board are public records.

29-21  Sec. 62.  Chapter 643 of NRS is hereby amended by adding thereto a

29-22  new section to read as follows:

29-23  1.  Except as otherwise provided in this section, a complaint filed with

29-24  the board, all documents and other information filed with the complaint

29-25  and all documents and other information compiled as a result of an

29-26  investigation conducted to determine whether to impose disciplinary

29-27  action are and remain confidential.

29-28  2.  The complaint and all documents and information described in

29-29  subsection 1 are public records if:

29-30  (a) Disciplinary action is imposed by the board as a result of an

29-31  investigation; or

29-32  (b) The person who is the subject of the investigation submits a

29-33  written request to the board requesting that the records be made public

29-34  records.

29-35  Sec. 63.  NRS 643.185 is hereby amended to read as follows:

29-36  643.185  1.  The following are grounds for disciplinary action by the

29-37  board:

29-38  (a) Violation by any person licensed pursuant to the provisions of this

29-39  chapter of any provision of this chapter or the regulations adopted by the

29-40  board.

29-41  (b) Conviction of a felony.

29-42  (c) Malpractice or incompetency.

29-43  (d) Continued practice by a person knowingly having an infectious or

29-44  contagious disease.

29-45  (e) Advertising, practicing or attempting to practice under another’s

29-46  name or trade name.

29-47  (f) Drunkenness or addiction to a controlled substance.

29-48  2.  If the board determines that a violation of this section has occurred,

29-49  it may:

30-1    (a) Refuse to issue or renew a license;

30-2    (b) Revoke or suspend a license; and

30-3    (c) Impose a fine of not more than $1,000 . [; and

30-4    (d) Require the person to pay all costs incurred by the board relating to

30-5  the discipline of the person.]

30-6    3.  The form and content of any disciplinary action taken by the

30-7  board are public records.

30-8    Sec. 64.  Chapter 644 of NRS is hereby amended by adding thereto a

30-9  new section to read as follows:

30-10  1.  Except as otherwise provided in this section, a complaint filed with

30-11  the board, all documents and other information filed with the complaint

30-12  and all documents and other information compiled as a result of an

30-13  investigation conducted to determine whether to impose disciplinary

30-14  action are and remain confidential.

30-15  2.  The complaint and all documents and information described in

30-16  subsection 1 are public records if:

30-17  (a) Disciplinary action is imposed as a result of an investigation; or

30-18  (b) The person who is the subject of the investigation submits a

30-19  written request to the board requesting that the records be made public

30-20  records.

30-21  Sec. 65.  NRS 644.080 is hereby amended to read as follows:

30-22  644.080  The board:

30-23  1.  Shall prescribe the duties of its officers, examiners and employees,

30-24  and fix the compensation of those employees.

30-25  2.  May establish offices in as many localities in the state as it finds

30-26  necessary to carry out the provisions of this chapter. All records and files

30-27  of the board must be kept at the main office of the board and  , except as

30-28  otherwise provided in section 64 of this act, be open to public inspection at

30-29  all reasonable hours.

30-30  3.  May adopt a seal.

30-31  4.  May issue subpoenas to compel the attendance of witnesses and the

30-32  production of books and papers.

30-33  Sec. 66.  NRS 644.430 is hereby amended to read as follows:

30-34  644.430  1.  The following are grounds for disciplinary action by the

30-35  board:

30-36  (a) Failure of an owner of a cosmetological establishment, a licensed

30-37  aesthetician, cosmetologist, hair designer, electrologist, instructor,

30-38  manicurist or school of cosmetology, or a cosmetologist’s apprentice to

30-39  comply with the requirements of this chapter or the applicable regulations

30-40  adopted by the board.

30-41  (b) Obtaining practice in cosmetology or any branch thereof, for money

30-42  or any thing of value, by fraudulent misrepresentation.

30-43  (c) Gross malpractice.

30-44  (d) Continued practice by a person knowingly having an infectious or

30-45  contagious disease.

30-46  (e) Drunkenness or the use or possession, or both, of a controlled

30-47  substance or dangerous drug without a prescription, while engaged in the

30-48  practice of cosmetology.

30-49  (f) Advertisement by means of knowingly false or deceptive statements.

31-1    (g) Permitting a license to be used where the holder thereof is not

31-2  personally, actively and continuously engaged in business.

31-3    (h) Failure to display the license as provided in NRS 644.290, 644.360

31-4  and 644.410.

31-5    (i) Entering, by a school of cosmetology, into an unconscionable

31-6  contract with a student of cosmetology.

31-7    (j) Continued practice of cosmetology or operation of a cosmetological

31-8  establishment or school of cosmetology after the license therefor has

31-9  expired.

31-10  (k) Any other unfair or unjust practice, method or dealing which, in the

31-11  judgment of the board, may justify such action.

31-12  2.  If the board determines that a violation of this section has occurred,

31-13  it may:

31-14  (a) Refuse to issue or renew a license;

31-15  (b) Revoke or suspend a license;

31-16  (c) Place the licensee on probation for a specified period; or

31-17  (d) Impose a fine not to exceed $1,000.

31-18  3.  The form and content of any disciplinary action taken by the

31-19  board are public records.

31-20  Sec. 67.  Chapter 645 of NRS is hereby amended by adding thereto a

31-21  new section to read as follows:

31-22  1.  Except as otherwise provided in this section, a complaint filed with

31-23  the division alleging a violation of this chapter, all documents and other

31-24  information filed with the complaint and all documents and other

31-25  information compiled as a result of an investigation conducted to

31-26  determine whether to impose disciplinary action are and remain

31-27  confidential.

31-28  2.  The complaint and all documents and information described in

31-29  subsection 1 are public records if:

31-30  (a) Disciplinary action is imposed by the commission as a result of an

31-31  investigation; or

31-32  (b) The person who is the subject of the investigation submits a

31-33  written request to the commission requesting that the records be made

31-34  public records.

31-35  Sec. 68.  NRS 645.180 is hereby amended to read as follows:

31-36  645.180  1.  The division shall adopt a seal by which it shall

31-37  authenticate its proceedings.

31-38  2.  [Records] Except as otherwise provided in section 67 of this act,

31-39  records kept in the office of the division under authority of this chapter are

31-40  open to public inspection under regulations adopted by the real estate

31-41  division, except that the division may refuse to make public, unless ordered

31-42  to do so by a court:

31-43  (a) Real estate brokers’ and real estate salesmen’s examinations; and

31-44  (b) [Files compiled by the division while investigating possible

31-45  violations of this chapter or chapter 119 of NRS; and

31-46  (c)] The criminal and financial records of licensees, applicants for

31-47  licenses and owner-developers.

32-1    3.  Copies of all records and papers in the office of the division,

32-2  certified and authenticated by the seal of the division, must be received in

32-3  evidence in all courts equally and with like effect as the originals.

32-4    Sec. 69.  NRS 645.630 is hereby amended to read as follows:

32-5    645.630  1.  The commission may require a licensee or owner-

32-6  developer to pay an administrative fine of not more than $5,000 for each

32-7  violation he commits or suspend, revoke or place conditions upon his

32-8  license or registration, or do both, at any time if the licensee or owner-

32-9  developer has, by false or fraudulent representation, obtained a license or

32-10  registration, or the licensee or owner-developer, whether or not acting as

32-11  such, is found guilty of:

32-12  [1.] (a) Making any material misrepresentation.

32-13  [2.] (b) Making any false promises of a character likely to influence,

32-14  persuade or induce.

32-15  [3.] (c) Accepting a commission or valuable consideration as a real

32-16  estate broker-salesman or salesman for the performance of any of the acts

32-17  specified in this chapter or chapter 119 or 119A of NRS from any person

32-18  except the licensed real estate broker with whom he is associated or the

32-19  owner-developer by whom he is employed.

32-20  [4.] (d) Representing or attempting to represent a real estate broker

32-21  other than the broker with whom he is associated, without the express

32-22  knowledge and consent of the broker with whom he is associated.

32-23  [5.] (e) Failing to maintain, for review and audit by the division, each

32-24  brokerage agreement governed by the provisions of this chapter and

32-25  entered into by the licensee.

32-26  [6.] (f) Failing, within a reasonable time, to account for or to remit any

32-27  money which comes into his possession and which belongs to others.

32-28  [7.] (g) If he is required to maintain a trust account:

32-29  [(a)] (1) Failing to balance the trust account at least monthly; and

32-30  [(b)] (2) Failing to submit to the division an annual accounting of the

32-31  trust account as required in NRS 645.310.

32-32  [8.] (h) Commingling the money or other property of his clients with

32-33  his own or converting the money of others to his own use.

32-34  [9.] (i) In the case of a broker-salesman or salesman, failing to place in

32-35  the custody of his licensed broker or owner-developer, as soon as possible,

32-36  any deposit or other money or consideration entrusted to him by any person

32-37  dealing with him as the representative of his licensed broker.

32-38  [10.] (j) Accepting other than cash as earnest money unless that fact is

32-39  communicated to the owner before his acceptance of the offer to purchase

32-40  and that fact is shown in the receipt for the earnest money.

32-41  [11.] (k) Upon acceptance of an agreement, in the case of a broker,

32-42  failing to deposit any check or cash received as earnest money before the

32-43  end of the next banking day unless otherwise provided in the purchase

32-44  agreement.

32-45  [12.] (l) Inducing any party to a brokerage agreement, sale or lease to

32-46  break it in order to substitute a new brokerage agreement, agreement of

32-47  sale or lease with the same or another party if the inducement to make the

32-48  substitution is offered to secure personal gain to the licensee or owner-

32-49  developer.

33-1  [If discipline is imposed pursuant to this section, the costs of the

33-2  proceeding, including investigative costs and attorney’s fees, may be

33-3  recovered by the board.]

33-4    2.  The form and content of any disciplinary action taken by the

33-5  commission are public records.

33-6    Sec. 70.  NRS 645.990 is hereby amended to read as follows:

33-7    645.990  1.  A person who:

33-8    (a) Obtains or attempts to obtain a license pursuant to this chapter by

33-9  means of intentional misrepresentation, deceit or fraud; or

33-10  (b) Sells or attempts to sell in this state any interest in real property by

33-11  means of intentional misrepresentation, deceit or fraud,

33-12  is guilty of a category D felony and shall be punished as provided in NRS

33-13  193.130. In addition to any other penalty, the court shall order the person to

33-14  pay restitution.

33-15  2.  Any licensee or owner-developer who commits an act described in

33-16  NRS 645.630, 645.633 or 645.635 shall be punished by a fine of not more

33-17  than $5,000 for each offense.

33-18  3.  A person who violates any other provision of this chapter, if a

33-19  natural person, is guilty of a gross misdemeanor, and if a limited-liability

33-20  company, partnership, association or corporation, shall be punished by a

33-21  fine of not more than $2,500.

33-22  4.  Any officer or agent of a corporation, or member or agent of a

33-23  limited-liability company, partnership or association, who personally

33-24  participates in or is an accessory to any violation of this chapter by the

33-25  limited-liability company, partnership, association or corporation, is

33-26  subject to the penalties prescribed in this section for natural persons.

33-27  5.  Nothing in this section releases a person from civil liability or

33-28  criminal prosecution pursuant to the general laws of this state.

33-29  6.  The administrator may prefer a complaint for violation of NRS

33-30  645.230 before any court of competent jurisdiction and may take the

33-31  necessary legal steps through the proper legal officers of this state to

33-32  enforce the provisions thereof.

33-33  7.  Any court of competent jurisdiction may try any violation of this

33-34  chapter, and upon conviction the court may revoke or suspend the license

33-35  of the person so convicted, in addition to imposing the other penalties

33-36  provided in this section.

33-37  [8.  If discipline is imposed pursuant to this section, the costs of the

33-38  proceeding, including investigative costs and attorney’s fees, may be

33-39  recovered by the administrator.]

33-40  Sec. 71.  Chapter 645A of NRS is hereby amended by adding thereto a

33-41  new section to read as follows:

33-42  1.  Except as otherwise provided in this section, a complaint filed with

33-43  the commissioner, all documents and other information filed with the

33-44  complaint and all documents and other information compiled as a result

33-45  of the investigation conducted to determine whether to impose

33-46  disciplinary action are and remain confidential.

33-47  2.  The complaint and all documents and information described in

33-48  subsection 1 are public records if:

34-1    (a) Disciplinary action is imposed by the commissioner as a result of

34-2  an investigation; or

34-3    (b) The person who is the subject of the investigation submits a

34-4  written request to the commissioner requesting that the records be made

34-5  public records.

34-6    Sec. 72.  NRS 645A.050 is hereby amended to read as follows:

34-7    645A.050  1.  Subject to the administrative control of the director of

34-8  the department of business and industry, the commissioner shall exercise

34-9  general supervision and control over escrow agents and agencies doing

34-10  business in the State of Nevada.

34-11  2.  In addition to the other duties imposed upon him by law, the

34-12  commissioner shall:

34-13  (a) Adopt such regulations as may be necessary for making this chapter

34-14  effective.

34-15  (b) Conduct or cause to be conducted each year an examination of each

34-16  escrow agency licensed pursuant to this chapter.

34-17  (c) Conduct such investigations as may be necessary to determine

34-18  whether any person has violated any provision of this chapter.

34-19  (d) Conduct such examinations, investigations and hearings, in addition

34-20  to those specifically provided for by law, as may be necessary and proper

34-21  for the efficient administration of the laws of this state relating to escrow.

34-22  (e) Classify as confidential the financial statements of an escrow agency

34-23  and those records and information obtained by the division which:

34-24     (1) Are obtained from a governmental agency upon the express

34-25  condition that they remain confidential.

34-26     (2) [Consist] Except as otherwise provided in section 71 of this act,

34-27  consist of information compiled by the division in the investigation of

34-28  possible violations of this chapter.

34-29  This paragraph does not limit examination by the legislative auditor or any

34-30  other person pursuant to a court order.

34-31  3.  An escrow agency may engage a certified public accountant to

34-32  perform such an examination in lieu of the division. In such a case, the

34-33  examination must be equivalent to the type of examination made by the

34-34  division and the expense must be borne by the escrow agency being

34-35  examined.

34-36  4.  The commissioner shall determine whether an examination

34-37  performed by an accountant pursuant to subsection 3 is equivalent to an

34-38  examination conducted by the division. The commissioner may examine

34-39  any area of the operation of an escrow agency if the commissioner

34-40  determines that the examination of that area is not equivalent to an

34-41  examination conducted by the division.

34-42  Sec. 73.  NRS 645A.090 is hereby amended to read as follows:

34-43  645A.090  1.  The commissioner may refuse to license any escrow

34-44  agent or agency or may suspend or revoke any license or impose a fine of

34-45  not more than $500 for each violation by entering an order to that effect,

34-46  with his findings in respect thereto, if upon a hearing, it is determined that

34-47  the applicant or licensee:

34-48  (a) In the case of an escrow agency, is insolvent;

35-1    (b) Has violated any provision of this chapter or any regulation adopted

35-2  pursuant thereto or has aided and abetted another to do so;

35-3    (c) In the case of an escrow agency, is in such a financial condition that

35-4  he cannot continue in business with safety to his customers;

35-5    (d) Has committed fraud in connection with any transaction governed

35-6  by this chapter;

35-7    (e) Has intentionally or knowingly made any misrepresentation or false

35-8  statement to, or concealed any essential or material fact from, any principal

35-9  or designated agent of a principal in the course of the escrow business;

35-10  (f) Has intentionally or knowingly made or caused to be made to the

35-11  commissioner any false representation of a material fact or has suppressed

35-12  or withheld from the commissioner any information which the applicant or

35-13  licensee possesses;

35-14  (g) Has failed without reasonable cause to furnish to the parties of an

35-15  escrow their respective statements of the settlement within a reasonable

35-16  time after the close of escrow;

35-17  (h) Has failed without reasonable cause to deliver, within a reasonable

35-18  time after the close of escrow, to the respective parties of an escrow

35-19  transaction any money, documents or other properties held in escrow in

35-20  violation of the provisions of the escrow instructions;

35-21  (i) Has refused to permit an examination by the commissioner of his

35-22  books and affairs or has refused or failed, within a reasonable time, to

35-23  furnish any information or make any report that may be required by the

35-24  commissioner pursuant to the provisions of this chapter;

35-25  (j) Has been convicted of a felony or any misdemeanor of which an

35-26  essential element is fraud;

35-27  (k) In the case of an escrow agency, has failed to maintain complete and

35-28  accurate records of all transactions within the last 6 years;

35-29  (l) Has commingled the money of others with his own or converted the

35-30  money of others to his own use;

35-31  (m) Has failed, before the close of escrow, to obtain written escrow

35-32  instructions concerning any essential or material fact or intentionally failed

35-33  to follow the written instructions which have been agreed upon by the

35-34  parties and accepted by the holder of the escrow;

35-35  (n) Has failed to disclose in writing that he is acting in the dual capacity

35-36  of escrow agent or agency and undisclosed principal in any transaction; or

35-37  (o) In the case of an escrow agency, has:

35-38     (1) Failed to maintain adequate supervision of an escrow agent; or

35-39     (2) Instructed an escrow agent to commit an act which would be

35-40  cause for the revocation of the escrow agent’s license and the escrow agent

35-41  committed the act. An escrow agent is not subject to disciplinary action for

35-42  committing such an act under instruction by the escrow agency.

35-43  2.  It is sufficient cause for the imposition of a fine or the refusal,

35-44  suspension or revocation of the license of a partnership, corporation or any

35-45  other association that any member of the partnership or any officer or

35-46  director of the corporation or association has been guilty of any act or

35-47  omission which would be cause for such action had the applicant or

35-48  licensee been a natural person.

36-1    3.  The commissioner may suspend any license for not more than 30

36-2  days, pending a hearing, if upon examination into the affairs of the licensee

36-3  it is determined that any of the grounds enumerated in subsection 1 or 2

36-4  exist.

36-5    4.  The commissioner may refuse to issue a license to any person who,

36-6  within 10 years before the date of applying for a current license, has had

36-7  suspended or revoked a license issued pursuant to this chapter or a

36-8  comparable license issued by any other state, district or territory of the

36-9  United States or any foreign country.

36-10  5.  The form and content of any disciplinary action taken by the

36-11  commissioner are public records.

36-12  Sec. 74.  Chapter 645B of NRS is hereby amended by adding thereto a

36-13  new section to read as follows:

36-14  1.  Except as otherwise provided in this section, a complaint filed with

36-15  the commissioner, all documents and other information filed with the

36-16  complaint and all documents and other information compiled as a result

36-17  of an investigation conducted to determine whether to impose

36-18  disciplinary action are and remain confidential.

36-19  2.  The complaint and all documents and information described in

36-20  subsection 1 are public record if:

36-21  (a) Disciplinary action is imposed by the commissioner as a result of

36-22  an investigation; or

36-23  (b) The person who is the subject of the investigation submits a

36-24  written request to the commissioner requesting that the records be made

36-25  public records.

36-26  3.  The form and content of any disciplinary action taken by the

36-27  commissioner are public records.

36-28  Sec. 75.  NRS 645B.070 is hereby amended to read as follows:

36-29  645B.070  1.  In the conduct of any examination, periodic or special

36-30  audit, investigation or hearing, the commissioner may:

36-31  (a) Compel the attendance of any person by subpoena.

36-32  (b) Administer oaths.

36-33  (c) Examine any person under oath concerning the business and conduct

36-34  of affairs of any person subject to the provisions of this chapter and in

36-35  connection therewith require the production of any books, records or

36-36  papers relevant to the inquiry.

36-37  2.  Any person subpoenaed under the provisions of this section who

36-38  willfully refuses or willfully neglects to appear at the time and place named

36-39  in the subpoena or to produce books, records or papers required by the

36-40  commissioner, or who refuses to be sworn or answer as a witness, is guilty

36-41  of a misdemeanor and shall be punished as provided in NRS 645B.950.

36-42  3.  [The] In addition to the authority to recover attorney’s fees and

36-43  costs pursuant to section 3 of this act, the commissioner may assess

36-44  against and collect from a person all costs, including, without limitation,

36-45  reasonable attorney’s fees, that are attributable to any examination,

36-46  periodic or special audit, investigation or hearing that is conducted to

36-47  examine or investigate the conduct, activities or business of the person

36-48  pursuant to this chapter.

 

37-1    Sec. 76.  NRS 645B.090 is hereby amended to read as follows:

37-2    645B.090  1.  Except as otherwise provided in this section or by

37-3  specific statute, all papers, documents, reports and other written

37-4  instruments filed with the commissioner pursuant to this chapter are open

37-5  to public inspection.

37-6    2.  Except as otherwise provided in subsection 3, the commissioner

37-7  may withhold from public inspection or refuse to disclose to a person, for

37-8  such time as the commissioner considers necessary, any information that,

37-9  in his judgment, would:

37-10  (a) Impede or otherwise interfere with an investigation that is currently

37-11  pending against a mortgage broker;

37-12  (b) Have an undesirable effect on the welfare of the public or the

37-13  welfare of any mortgage broker or mortgage agent; or

37-14  (c) Give any mortgage broker a competitive advantage over any other

37-15  mortgage broker.

37-16  3.  [The] Except as otherwise provided in section 74 of this act, the

37-17  commissioner shall disclose the following information concerning a

37-18  mortgage broker to any person who requests it:

37-19  (a) The findings and results of any investigation which has been

37-20  completed during the immediately preceding 5 years against the mortgage

37-21  broker pursuant to the provisions of this chapter and which has resulted in

37-22  a finding by the commissioner that the mortgage broker committed a

37-23  violation of a provision of this chapter, a regulation adopted pursuant to

37-24  this chapter or an order of the commissioner; and

37-25  (b) The nature of any disciplinary action that has been taken during the

37-26  immediately preceding 5 years against the mortgage broker pursuant to the

37-27  provisions of this chapter.

37-28  Sec. 77.  NRS 645B.610 is hereby amended to read as follows:

37-29  645B.610  1.  If a person properly files a complaint with the

37-30  commissioner pursuant to NRS 645B.600, the commissioner shall

37-31  investigate each violation alleged in the complaint, unless the

37-32  commissioner has previously investigated the alleged violation.

37-33  2.  Except as otherwise provided in subsection 2 of NRS 645B.090, if

37-34  the commissioner does not conduct an investigation of an alleged violation

37-35  pursuant to subsection 1 because he previously has investigated the alleged

37-36  violation, the commissioner shall provide to the person who filed the

37-37  complaint a written summary of the previous investigation and the nature

37-38  of any disciplinary action that was taken as a result of the previous

37-39  investigation.

37-40  3.  If the commissioner conducts an investigation of an alleged

37-41  violation pursuant to subsection 1, the commissioner shall determine from

37-42  the investigation whether there is reasonable cause to believe that the

37-43  person committed the alleged violation.

37-44  4.  If, upon investigation, the commissioner determines that there is not

37-45  reasonable cause to believe that the person committed the alleged violation,

37-46  the commissioner shall provide the reason for his determination, in writing,

37-47  to the person who filed the complaint and to the person alleged to have

37-48  committed the violation.

38-1    5.  Except as otherwise provided in subsection 6, if, upon investigation,

38-2  the commissioner determines that there is reasonable cause to believe that

38-3  the person committed the alleged violation, the commissioner shall:

38-4    (a) Schedule a hearing concerning the alleged violation;

38-5    (b) Mail to the last known address of the person who filed the complaint

38-6  written notice that must include, without limitation:

38-7      (1) The date, time and place of the hearing; and

38-8      (2) A statement of each alleged violation that will be considered at

38-9  the hearing; and

38-10  (c) By personal service in accordance with the Nevada Rules of Civil

38-11  Procedure and any applicable provision of NRS, serve written notice of the

38-12  hearing to the person alleged to have committed the violation. The written

38-13  notice that is served pursuant to this paragraph must include, without

38-14  limitation:

38-15     (1) The date, time and place of the hearing;

38-16     (2) A copy of the complaint and a statement of each alleged violation

38-17  that will be considered at the hearing; and

38-18     (3) A statement informing the person that, pursuant to NRS

38-19  645B.760, if he fails to appear, without reasonable cause, at the hearing:

38-20         (I) He is guilty of a misdemeanor; and

38-21         (II) The commissioner is authorized to conduct the hearing in his

38-22  absence, draw any conclusions that the commissioner deems appropriate

38-23  from his failure to appear and render a decision concerning each alleged

38-24  violation.

38-25  6.  [The commissioner is not required to schedule or conduct a hearing

38-26  concerning an alleged violation pursuant to subsection 5 if the

38-27  commissioner and the person alleged to have committed the violation

38-28  enter] If the commissioner enters into a written consent agreement settling

38-29  or resolving the alleged violation , [. If such a written consent agreement is

38-30  executed,] the commissioner shall provide a copy of the written consent

38-31  agreement to the person who filed the complaint.

38-32  7.  The commissioner may:

38-33  (a) Investigate and conduct a hearing concerning any alleged violation,

38-34  whether or not a complaint has been filed.

38-35  (b) Hear and consider more than one alleged violation against a person

38-36  at the same hearing.

38-37  Sec. 78.  Chapter 645C of NRS is hereby amended by adding thereto a

38-38  new section to read as follows:

38-39  1.  Except as otherwise provided in this section, a complaint filed with

38-40  the commission, all documents and other information filed with the

38-41  complaint and all documents and other information compiled as a result

38-42  of an investigation conducted to determine whether to impose

38-43  disciplinary action are and remain confidential.

38-44  2.  The complaint and all documents and information described in

38-45  subsection 1 are public records if:

38-46  (a) Disciplinary action is imposed by the commission as a result of an

38-47  investigation; or

39-1    (b) The person who is the subject of the investigation submits a

39-2  written request to the commission requesting that the records be made

39-3  public records.

39-4    Sec. 79.  NRS 645C.220 is hereby amended to read as follows:

39-5    645C.220  1.  The division shall maintain a record of:

39-6    (a) Persons whose applications for a certificate, license or registration

39-7  card have been denied;

39-8    (b) Investigations conducted by it which result in the initiation of formal

39-9  disciplinary proceedings;

39-10  (c) Formal disciplinary proceedings; and

39-11  (d) Rulings or decisions upon complaints filed with it.

39-12  2.  Except as otherwise provided in this section[,] and section 78 of

39-13  this act, records kept in the office of the division pursuant to this chapter

39-14  are open to the public for inspection pursuant to regulations adopted by the

39-15  commission. The division may keep confidential, unless otherwise ordered

39-16  by a court:

39-17  (a) Examinations for a certificate or license; and

39-18  (b) [Information obtained by the division while investigating alleged

39-19  violations of this chapter; and

39-20  (c)] The criminal and financial records of an appraiser or intern, or an

39-21  applicant for a certificate, license or registration card.

39-22  Sec. 80.  NRS 645C.460 is hereby amended to read as follows:

39-23  645C.460  1.  Grounds for disciplinary action against a certified or

39-24  licensed appraiser or registered intern include:

39-25  (a) Unprofessional conduct;

39-26  (b) Professional incompetence;

39-27  (c) A criminal conviction for a felony or any offense involving moral

39-28  turpitude; and

39-29  (d) The suspension or revocation of a registration card, certificate,

39-30  license or permit to act as an appraiser in any other jurisdiction.

39-31  2.  If grounds for disciplinary action against an appraiser or intern exist,

39-32  the commission may do one or more of the following:

39-33  (a) Revoke or suspend his certificate, license or registration card.

39-34  (b) Place conditions upon his certificate, license or registration card, or

39-35  upon the reissuance of a certificate, license or registration card revoked

39-36  pursuant to this section.

39-37  (c) Impose a fine of not more than $1,000 for each violation.

39-38  3.  If a certificate, license or registration card is revoked by the

39-39  commission, another certificate, license or registration card must not be

39-40  issued to the same appraiser or intern for at least one year after the date of

39-41  the revocation, or at any time thereafter except in the sole discretion of the

39-42  administrator, and then only if the appraiser or intern satisfies all the

39-43  requirements for an original certificate, license or registration card.

39-44  4.  [If discipline is imposed pursuant to this section, the costs of the

39-45  proceeding, including investigative costs and attorney’s fees, may be

39-46  recovered by the commission.] The form and content of any disciplinary

39-47  action taken by the commission are public records.

 

40-1    Sec. 81.  Chapter 645D of NRS is hereby amended by adding thereto a

40-2  new section to read as follows:

40-3    1.  Except as otherwise provided in this section, a complaint filed with

40-4  the division, all documents and other information filed with the

40-5  complaint and all documents and other information compiled as a result

40-6  of an investigation conducted to determine whether to impose

40-7  disciplinary action are and remain confidential.

40-8    2.  The complaint and all documents and information described in

40-9  subsection 1 are public records if:

40-10  (a) Disciplinary action is imposed by the division as a result of an

40-11  investigation; or

40-12  (b) The person who is the subject of the investigation submits a

40-13  written request to the division requesting that the records be made public

40-14  records.

40-15  Sec. 82.  NRS 645D.130 is hereby amended to read as follows:

40-16  645D.130  1.  The division shall maintain a record of:

40-17  (a) Persons from whom it receives applications for a certificate;

40-18  (b) Investigations conducted by it that result in the initiation of formal

40-19  disciplinary proceedings;

40-20  (c) Formal disciplinary proceedings; and

40-21  (d) Rulings or decisions upon complaints filed with it.

40-22  2.  Except as otherwise provided in this section[,] and section 81 of

40-23  this act, records kept in the office of the division pursuant to this chapter

40-24  are open to the public for inspection pursuant to regulations adopted by the

40-25  division. The division shall keep confidential, unless otherwise ordered by

40-26  a court[:

40-27  (a) Information obtained by the division while investigating alleged

40-28  violations of this chapter; and

40-29  (b) The] the criminal and financial records of an inspector or of an

40-30  applicant for a certificate.

40-31  Sec. 83.  NRS 645D.700 is hereby amended to read as follows:

40-32  645D.700  1.  Grounds for disciplinary action against a certified

40-33  inspector are:

40-34  (a) Unprofessional conduct;

40-35  (b) Professional incompetence; and

40-36  (c) A criminal conviction for a felony or any offense involving moral

40-37  turpitude.

40-38  2.  If grounds for disciplinary action against a certified inspector exist,

40-39  the division may, after providing the inspector with notice and an

40-40  opportunity for a hearing, do one or more of the following:

40-41  (a) Revoke or suspend his certificate.

40-42  (b) Place conditions upon his certificate or upon the reissuance of a

40-43  certificate revoked pursuant to this section.

40-44  (c) Impose a fine of not more than $1,000 for each violation.

40-45  3.  If a certificate is revoked by the division, another certificate must

40-46  not be issued to the same inspector for at least 1 year after the date of the

40-47  revocation, or at any time thereafter except in the sole discretion of the

40-48  administrator, and then only if the inspector satisfies the requirements for

40-49  an original certificate.

41-1    4.  The form and content of any disciplinary action taken by the

41-2  division are public records.

41-3    Sec. 84.  Chapter 645E of NRS is hereby amended by adding thereto a

41-4  new section to read as follows:

41-5    1.  Except as otherwise provided in this section, a complaint filed with

41-6  the commissioner, all documents and other information filed with the

41-7  complaint and all documents and other information compiled as a result

41-8  of an investigation conducted to determine whether to impose

41-9  disciplinary action are and remain confidential.

41-10  2.  The complaint and all documents and information described in

41-11  subsection 1 are public records if:

41-12  (a) Disciplinary action is imposed by the commissioner as a result of

41-13  an investigation; or

41-14  (b) The person who is the subject of the investigation submits a

41-15  written request to the commissioner requesting that the records be made

41-16  public records.

41-17  Sec. 85.  NRS 645E.310 is hereby amended to read as follows:

41-18  645E.310  1.  In the conduct of any examination, periodic or special

41-19  audit, investigation or hearing, the commissioner may:

41-20  (a) Compel the attendance of any person by subpoena.

41-21  (b) Administer oaths.

41-22  (c) Examine any person under oath concerning the business and conduct

41-23  of affairs of any person subject to the provisions of this chapter and in

41-24  connection therewith require the production of any books, records or

41-25  papers relevant to the inquiry.

41-26  2.  Any person subpoenaed under the provisions of this section who

41-27  willfully refuses or willfully neglects to appear at the time and place named

41-28  in the subpoena or to produce books, records or papers required by the

41-29  commissioner, or who refuses to be sworn or answer as a witness, is guilty

41-30  of a misdemeanor.

41-31  3.  [The] In addition to the authority to recover attorney’s fees and

41-32  costs pursuant to section 3 of this act, the commissioner may assess

41-33  against and collect from a person all costs, including, without limitation,

41-34  reasonable attorney’s fees, that are attributable to any examination,

41-35  periodic or special audit, investigation or hearing that is conducted to

41-36  examine or investigate the conduct, activities or business of the person

41-37  pursuant to this chapter.

41-38  Sec. 86.  NRS 645E.670 is hereby amended to read as follows:

41-39  645E.670  1.  For each violation committed by an applicant, whether

41-40  or not he is issued a license, the commissioner may impose upon the

41-41  applicant an administrative fine of not more than $10,000, if the applicant:

41-42  (a) Has knowingly made or caused to be made to the commissioner any

41-43  false representation of material fact;

41-44  (b) Has suppressed or withheld from the commissioner any information

41-45  which the applicant possesses and which, if submitted by him, would have

41-46  rendered the applicant ineligible to be licensed pursuant to the provisions

41-47  of this chapter; or

41-48  (c) Has violated any provision of this chapter, a regulation adopted

41-49  pursuant to this chapter or an order of the commissioner in completing and

42-1  filing his application for a license or during the course of the investigation

42-2  of his application for a license.

42-3    2.  For each violation committed by a licensee, the commissioner may

42-4  impose upon the licensee an administrative fine of not more than $10,000,

42-5  may suspend, revoke or place conditions upon his license, or may do both,

42-6  if the licensee, whether or not acting as such:

42-7    (a) Is insolvent;

42-8    (b) Is grossly negligent or incompetent in performing any act for which

42-9  he is required to be licensed pursuant to the provisions of this chapter;

42-10  (c) Does not conduct his business in accordance with law or has

42-11  violated any provision of this chapter, a regulation adopted pursuant to this

42-12  chapter or an order of the commissioner;

42-13  (d) Is in such financial condition that he cannot continue in business

42-14  with safety to his customers;

42-15  (e) Has made a material misrepresentation in connection with any

42-16  transaction governed by this chapter;

42-17  (f) Has suppressed or withheld from a client any material facts, data or

42-18  other information relating to any transaction governed by the provisions of

42-19  this chapter which the licensee knew or, by the exercise of reasonable

42-20  diligence, should have known;

42-21  (g) Has knowingly made or caused to be made to the commissioner any

42-22  false representation of material fact or has suppressed or withheld from the

42-23  commissioner any information which the licensee possesses and which, if

42-24  submitted by him, would have rendered the licensee ineligible to be

42-25  licensed pursuant to the provisions of this chapter;

42-26  (h) Has failed to account to persons interested for all money received

42-27  for a trust account;

42-28  (i) Has refused to permit an examination by the commissioner of his

42-29  books and affairs or has refused or failed, within a reasonable time, to

42-30  furnish any information or make any report that may be required by the

42-31  commissioner pursuant to the provisions of this chapter or a regulation

42-32  adopted pursuant to this chapter;

42-33  (j) Has been convicted of, or entered a plea of nolo contendere to, a

42-34  felony or any crime involving fraud, misrepresentation or moral turpitude;

42-35  (k) Has refused or failed to pay, within a reasonable time, any fees,

42-36  assessments, costs or expenses that the licensee is required to pay pursuant

42-37  to this chapter or a regulation adopted pursuant to this chapter;

42-38  (l) Has failed to satisfy a claim made by a client which has been reduced

42-39  to judgment;

42-40  (m) Has failed to account for or to remit any money of a client within a

42-41  reasonable time after a request for an accounting or remittal;

42-42  (n) Has commingled the money or other property of a client with his

42-43  own or has converted the money or property of others to his own use; or

42-44  (o) Has engaged in any other conduct constituting a deceitful,

42-45  fraudulent or dishonest business practice.

42-46  3.  The form and content of any disciplinary action taken by the

42-47  commissioner are public records.

 

 

43-1    Sec. 87.  NRS 648.175 is hereby amended to read as follows:

43-2    648.175  1.  If, after a hearing, the board finds that cause exists, the

43-3  board may:

43-4    [1.] (a) Revoke the license of the licensee.

43-5    [2.] (b) Suspend the license of the licensee for not more than 1 year for

43-6  each violation.

43-7    [3.] (c) Fine the licensee not more than $5,000 for each violation.

43-8    [4.] (d) Suspend an order authorized by this section upon such terms

43-9  and conditions as the board considers appropriate.

43-10  [5.] (e) Place the licensee on probation for not more than 2 years upon

43-11  such terms and conditions as the board considers appropriate.

43-12  [6.  Publicly or privately]

43-13  (f) Publicly reprimand the licensee.

43-14  [7.] (g) Affirm, modify or vacate the penalty imposed by a notice of

43-15  violation.

43-16  [8.  Require the licensee to pay all costs incurred by the board relating

43-17  to the discipline of the licensee.]

43-18  2.  The form and content of any disciplinary action taken by the

43-19  board are public records.

43-20  Sec. 88.  Chapter 649 of NRS is hereby amended by adding thereto a

43-21  new section to read as follows:

43-22  1.  Except as otherwise provided in this section, a complaint filed with

43-23  the commissioner, all documents and other information filed with the

43-24  complaint and all documents and other information compiled as a result

43-25  of an investigation conducted to determine whether to impose

43-26  disciplinary action are and remain confidential.

43-27  2.  The complaint and all documents and information described in

43-28  subsection 1 are public records if:

43-29  (a) Disciplinary action is imposed by the commissioner as a result of

43-30  an investigation; or

43-31  (b) The person who is the subject of the investigation submits a

43-32  written request to the commissioner requesting that the records be made

43-33  public records.

43-34  Sec. 89.  NRS 649.395 is hereby amended to read as follows:

43-35  649.395  1.  The commissioner may impose an administrative fine,

43-36  not to exceed $500 for each violation, or suspend or revoke the license of a

43-37  collection agency, or both impose a fine and suspend or revoke the license,

43-38  by an order made in writing and filed in his office and served on the

43-39  licensee by registered or certified mail at the address shown in the records

43-40  of the commissioner, if:

43-41  (a) The licensee is adjudged liable in any court of law for breach of any

43-42  bond given under the provisions of this chapter; or

43-43  (b) After notice and hearing, the licensee is found guilty of:

43-44     (1) Fraud or misrepresentation;

43-45     (2) An act or omission inconsistent with the faithful discharge of his

43-46  duties and obligations; or

43-47     (3) A violation of any provision of this chapter.

43-48  2.  The commissioner may suspend or revoke the license of a collection

43-49  agency without notice and hearing if:

44-1    (a) The suspension or revocation is necessary for the immediate

44-2  protection of the public; and

44-3    (b) The licensee is afforded a hearing to contest the suspension or

44-4  revocation within 20 days after the written order of suspension or

44-5  revocation is served upon the licensee.

44-6    3.  Upon revocation of his license, all rights of the licensee under this

44-7  chapter terminate, and no application may be received from any person

44-8  whose license has once been revoked.

44-9    4.  The form and content of any disciplinary action taken by the

44-10  commissioner are public records.

44-11  Sec. 90.  Chapter 652 of NRS is hereby amended by adding thereto a

44-12  new section to read as follows:

44-13  1.  Except as otherwise provided in this section, a complaint filed with

44-14  the board, all documents and other information filed with the complaint

44-15  and all documents and other information compiled as a result of an

44-16  investigation conducted to determine whether to impose disciplinary

44-17  action are and remain confidential.

44-18  2.  The complaint and all documents and information described in

44-19  subsection 1 are public record if:

44-20  (a) Disciplinary action is imposed by the board as a result of an

44-21  investigation; or

44-22  (b) The person who is the subject of the investigation submits a

44-23  written request to the board requesting that the records be made public

44-24  records.

44-25  3.  The form and content of any disciplinary action taken by the

44-26  board are public records.

44-27  Sec. 91.  Chapter 654 of NRS is hereby amended by adding thereto a

44-28  new section to read as follows:

44-29  1.  Except as otherwise provided in this section, a complaint filed with

44-30  the board, all documents and other information filed with the complaint

44-31  and all documents and other information compiled as a result of an

44-32  investigation conducted to determine whether to impose disciplinary

44-33  action are and remain confidential.

44-34  2.  The complaint and all documents and information described in

44-35  subsection 1 are public records if:

44-36  (a) Disciplinary action is imposed by the board as a result of an

44-37  investigation; or

44-38  (b) The person who is the subject of the investigation submits a

44-39  written request to the board requesting that the records be made public

44-40  records.

44-41  Sec. 92.  NRS 654.110 is hereby amended to read as follows:

44-42  654.110  1.  The board shall:

44-43  (a) Develop, impose and enforce standards which must be met by

44-44  persons to receive licenses as nursing facility administrators or

44-45  administrators of residential facilities for groups. The standards must be

44-46  designed to ensure that nursing facility administrators or persons acting as

44-47  administrators of residential facilities for groups will be persons who are of

44-48  good character and otherwise suitable, and who, by training or experience

44-49  in their respective fields of administering health care facilities, are

45-1  qualified to serve as nursing facility administrators or administrators of

45-2  residential facilities for groups.

45-3    (b) Develop and apply appropriate techniques, including examinations

45-4  and investigations, for determining whether a person meets those

45-5  standards.

45-6    (c) Issue licenses to persons determined, after the application of

45-7  appropriate techniques, to meet those standards.

45-8    (d) Revoke or suspend licenses previously issued by the board in any

45-9  case if the person holding the license is determined substantially to have

45-10  failed to conform to the requirements of the standards.

45-11  (e) Establish and carry out procedures designed to ensure that persons

45-12  licensed as nursing facility administrators or administrators of residential

45-13  facilities for groups will, during any period they serve as such, comply with

45-14  the requirements of the standards.

45-15  (f) Receive, investigate and take appropriate action with respect to any

45-16  charge or complaint filed with the board to the effect that any person

45-17  licensed as a nursing facility administrator or an administrator of a

45-18  residential facility for groups has failed to comply with the requirements of

45-19  the standards. The board shall initiate an investigation of any charge or

45-20  complaint filed with the board within 30 days after receiving the charge or

45-21  complaint.

45-22  (g) Conduct a continuing study of:

45-23     (1) Facilities for skilled nursing, facilities for intermediate care and

45-24  their administrators; and

45-25     (2) Residential facilities for groups and their administrators,

45-26  with a view to the improvement of the standards imposed for the licensing

45-27  of administrators and of procedures and methods for the enforcement of the

45-28  standards.

45-29  (h) Conduct or approve, or both, a program of training and instruction

45-30  designed to enable all persons to obtain the qualifications necessary to

45-31  meet the standards set by the board for qualification as a nursing facility

45-32  administrator or an administrator of a residential facility for groups.

45-33  2.  All the records kept by the board, not otherwise privileged[,] or

45-34  confidential, are public records.

45-35  Sec. 93.  NRS 654.190 is hereby amended to read as follows:

45-36  654.190  1.  The board may, after notice and hearing, impose an

45-37  administrative fine of not more than $2,500 on and suspend or revoke the

45-38  license of any nursing facility administrator or administrator of a

45-39  residential facility for groups who:

45-40  (a) Is convicted of a felony, or of any offense involving moral turpitude.

45-41  (b) Has obtained his license by the use of fraud or deceit.

45-42  (c) Violates any of the provisions of this chapter.

45-43  (d) Aids or abets any person in the violation of any of the provisions of

45-44  NRS 449.001 to 449.240, inclusive, as those provisions pertain to a facility

45-45  for skilled nursing, facility for intermediate care or residential facility for

45-46  groups.

45-47  (e) Violates any regulation of the board prescribing additional standards

45-48  of conduct for nursing facility administrators or administrators of

45-49  residential facilities for groups.

46-1    2.  The board shall give a licensee against whom proceedings are

46-2  brought pursuant to this section written notice of a hearing not less than 10

46-3  days before the date of the hearing.

46-4    3.  [If discipline is imposed pursuant to this section, the costs of the

46-5  proceeding, including investigative costs and attorney’s fees, may be

46-6  recovered by the board.] The form and content of any disciplinary action

46-7  taken by the board are public records.

46-8    Sec. 94.  Chapter 656 of NRS is hereby amended by adding thereto a

46-9  new section to read as follows:

46-10  1.  Except as otherwise provided in this section, a complaint filed with

46-11  the board, all documents and other information filed with the complaint

46-12  and all documents and other information compiled as a result of an

46-13  investigation conducted to determine whether to impose disciplinary

46-14  action are and remain confidential.

46-15  2.  The complaint and all documents and information described in

46-16  subsection 1 are public records if:

46-17  (a) Disciplinary action is imposed by the board as a result of an

46-18  investigation; or

46-19  (b) The person who is the subject of the investigation submits a

46-20  written request to the board requesting that the records be made public

46-21  records.

46-22  3.  The form and content of any disciplinary action taken by the

46-23  board are public records.

46-24  Sec. 95.  NRS 623A.295, 630.142, 633.611, 634.165, 638.154 and

46-25  639.091 are hereby repealed.

 

46-26  LEADLINES OF REPEALED SECTIONS

 

46-27  623A.295  Confidentiality of proceedings.

46-28  630.142  Award of costs and attorney’s fees.

46-29  633.611  Confidentiality of proceedings.

46-30  634.165  Confidentiality of proceedings.

46-31  638.154  Court may award costs and reasonable attorney’s fees

46-32   incurred by board.

46-33  639.091  Award of costs and attorney’s fees to board.

 

46-34  H