(REPRINTED WITH ADOPTED AMENDMENTS)

 

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 under certain circumstances; requiring such regulatory bodies to hold a public meeting to discuss and approve the terms of certain consent agreements before entering such agreements; creating an exception to such requirement; 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.  1.  Except as otherwise provided in subsection 2, a

2-21  regulatory body may not settle or otherwise resolve an alleged violation

2-22  of:

2-23  (a) The chapter which the regulatory body has authority to enforce;

2-24  (b) A regulation enacted pursuant to the chapter which the regulatory

2-25  body has authority to enforce; or

2-26  (c) An order of the regulatory body,

2-27  by entering a consent agreement with a person who has allegedly

2-28  committed the violation until after the regulatory body discusses and

2-29  approves the terms of the agreement in a public meeting. If a regulatory

2-30  body enters a consent agreement with a person who has allegedly

2-31  committed a violation, the consent agreement is a public record.

2-32  2.  A regulatory body that consists of one natural person may approve

2-33  a consent agreement without complying with subsection 1, if:

2-34  (a) The regulatory body posts a notice in accordance with the

2-35  requirements for notice for a meeting held pursuant to chapter 241 of

2-36  NRS which provides notice that:

2-37      (1) The regulatory body intends to resolve the alleged violation by

2-38  entering into a consent agreement with the person who allegedly

2-39  committed the violation; and

2-40      (2) For a limited time set forth in the notice, any person who so

2-41  desires may request that the regulatory body conduct a public meeting to

2-42  discuss the terms of the consent agreement by submitting a written

2-43  request for such a meeting to the regulatory body within the time

2-44  prescribed; and

2-45  (b) After the expiration of the time for receiving requests for a public

2-46  meeting pursuant to subparagraph (2) of paragraph (a), the regulatory

2-47  body has received no requests for a public meeting on the consent

2-48  agreement.

 

3-1    Sec. 5.5.  NRS 623.131 is hereby amended to read as follows:

3-2    623.131  1.  Except as otherwise provided in subsections 2, 3 and 4,

3-3  the records of the board which relate to:

3-4    (a) An employee of the board;

3-5    (b) An examination given by the board; or

3-6    (c) Complaints and charges filed with the board and the material

3-7  compiled as a result of its investigation of those complaints and

3-8  charges,

3-9  are confidential.

3-10  2.  The records described in subsection 1 may be disclosed, pursuant to

3-11  procedures established by regulation of the board, to a court or an agency

3-12  of the Federal Government, any state, any political subdivision of this

3-13  state , or any other related professional board or organization.

3-14  3.  [Upon completion of an investigation by the board, any records of

3-15  the board described in paragraph (c) of subsection 1 are public records only

3-16  if:

3-17  (a) Disciplinary action is imposed by the board as a result of the

3-18  investigation; or

3-19  (b) The person regarding whom the investigation was made submits a

3-20  written request to the board requesting that the records be made] The

3-21  complaint or other document filed by the board to initiate disciplinary

3-22  action and all other documents and information considered by the board

3-23  when determining whether to impose discipline are public records.

3-24  4.  The board may report to other related professional boards and

3-25  organizations an applicant’s score on an examination given by the board.

3-26  Sec. 6.  NRS 623.270 is hereby amended to read as follows:

3-27  623.270  1.  The board may place the holder of any certificate of

3-28  registration issued pursuant to this chapter on probation, publicly

3-29  reprimand him, fine him not more than $10,000, suspend or revoke his

3-30  license, impose the costs of investigation and prosecution upon him or take

3-31  any combination of these disciplinary actions, if proof satisfactory to the

3-32  board is presented that:

3-33  (a) The certificate was obtained by fraud or concealment of a material

3-34  fact.

3-35  (b) The holder of the certificate has been found guilty by the board or

3-36  by a court of justice of any fraud, deceit or concealment of a material fact

3-37  in his professional practice, or has been convicted by a court of justice of a

3-38  crime involving moral turpitude.

3-39  (c) The holder of the certificate has been found guilty by the board of

3-40  incompetency, negligence or gross negligence in:

3-41      (1) The practice of architecture or residential design; or

3-42      (2) His practice as a registered interior designer.

3-43  (d) The holder of a certificate has affixed his signature or seal to plans,

3-44  drawings, specifications or other instruments of service which have not

3-45  been prepared by him or in his office, or under his direct supervision, or

3-46  has permitted the use of his name to assist any person who is not a

3-47  registered architect, registered interior designer or residential designer to

3-48  evade any provision of this chapter.

4-1    (e) The holder of a certificate has aided or abetted any unauthorized

4-2  person to practice:

4-3       (1) Architecture or residential design; or

4-4       (2) As a registered interior designer.

4-5    (f) The holder of the certificate has violated any law, regulation or code

4-6  of ethics pertaining to:

4-7       (1) The practice of architecture or residential design; or

4-8       (2) Practice as a registered interior designer.

4-9    (g) The holder of a certificate has failed to comply with an order issued

4-10  by the board or has failed to cooperate with an investigation conducted by

4-11  the board.

4-12  [If discipline is imposed pursuant to this section, the costs of the

4-13  proceeding, including investigative costs and attorney’s fees, may be

4-14  recovered by the board.]

4-15  2.  The conditions for probation imposed pursuant to subsection 1 may

4-16  include, but are not limited to:

4-17  (a) Restriction on the scope of professional practice.

4-18  (b) Peer review.

4-19  (c) Required education or counseling.

4-20  (d) Payment of restitution to all parties who suffered harm or loss.

4-21  [(e) Payment of all costs of the administrative investigation and

4-22  prosecution.]

4-23  3.  An order that imposes discipline and the findings of fact and

4-24  conclusions of law supporting that order are public records.

4-25  4.  The board shall not privately reprimand the holder of any

4-26  certificate of registration issued pursuant to this chapter.

4-27  5.  As used in this section:

4-28  (a) “Gross negligence” means conduct which demonstrates a reckless

4-29  disregard of the consequences affecting the life or property of another

4-30  person.

4-31  (b) “Incompetency” means conduct which, in:

4-32      (1) The practice of architecture or residential design; or

4-33      (2) Practice as a registered interior designer,

4-34  demonstrates a significant lack of ability, knowledge or fitness to discharge

4-35  a professional obligation.

4-36  (c) “Negligence” means a deviation from the normal standard of

4-37  professional care exercised generally by other members in:

4-38      (1) The profession of architecture or residential design; or

4-39      (2) Practice as a registered interior designer.

4-40  Sec. 7.  Chapter 623A of NRS is hereby amended by adding thereto a

4-41  new section to read as follows:

4-42  1.  Except as otherwise provided in this section, a complaint filed with

4-43  the board, all documents and other information filed with the complaint

4-44  and all documents and other information compiled as a result of an

4-45  investigation conducted to determine whether to initiate disciplinary

4-46  action are and remain confidential.

4-47  2.  The complaint or other document filed by the board to initiate

4-48  disciplinary action and all documents and information considered by the

4-49  board when determining whether to impose discipline are public records.

5-1    Sec. 8.  NRS 623A.270 is hereby amended to read as follows:

5-2    623A.270  1.  The board may:

5-3    [1.] (a) Suspend or revoke a certificate;

5-4    [2.] (b) Refuse to renew a certificate;

5-5    [3.] (c) Place a certificate holder on probation;

5-6    [4.] (d) Issue a public reprimand to a certificate holder;

5-7    [5.] (e) Impose upon a certificate holder a fine of not more than $5,000

5-8  for each violation of this chapter;

5-9    [6.] (f) Require a certificate holder to pay restitution;

5-10  [7.  Require a certificate holder to pay the costs of an investigation or

5-11  prosecution; or

5-12  8.] or

5-13  (g) Take such other disciplinary action as the board deems

5-14  appropriate,

5-15  if the certificate holder has committed any act set forth in NRS 623A.280.

5-16  2. An order that imposes discipline and the findings of fact and

5-17  conclusions of law supporting that order are public records.

5-18  3.  The board shall not issue a private reprimand to a certificate

5-19  holder.

5-20  Sec. 9.  Chapter 624 of NRS is hereby amended by adding thereto a

5-21  new section to read as follows:

5-22  1.  Except as otherwise provided in this section, a complaint filed with

5-23  the board, all documents and other information filed with the complaint

5-24  and all documents and other information compiled as a result of the

5-25  investigation conducted to determine whether to initiate disciplinary

5-26  action are and remain confidential.

5-27  2.  The complaint or other document filed by the board to initiate

5-28  disciplinary action and all documents and information considered by the

5-29  board when determining whether to impose discipline are public records.

5-30  Sec. 10.  NRS 624.110 is hereby amended to read as follows:

5-31  624.110  1.  The board may maintain offices in as many localities in

5-32  the state as it finds necessary to carry out the provisions of this chapter, but

5-33  it shall maintain one office in which there must be at all times open to

5-34  public inspection a complete record of applications, licenses issued,

5-35  licenses renewed and all revocations, cancellations and suspensions of

5-36  licenses.

5-37  2.  [Credit] Except as otherwise required in section 9 of this act, credit

5-38  reports, references, [investigative memoranda,] financial information and

5-39  data pertaining to a licensee’s net worth are confidential and not open to

5-40  public inspection.

5-41  Sec. 11.  NRS 624.291 is hereby amended to read as follows:

5-42  624.291  1.  Except as otherwise provided in subsection 4, if the board

5-43  refuses to issue or renew a license, suspends or revokes a license, has

5-44  probable cause to believe that a person has violated NRS 624.720 or

5-45  imposes an administrative fine pursuant to NRS 624.710, the board shall

5-46  hold a hearing. The time and place for the hearing must be fixed by the

5-47  board, and notice of the time and place of the hearing must be personally

5-48  served on the applicant or accused or mailed to the last known address of

6-1  the applicant or accused at least 30 days before the date fixed for the

6-2  hearing.

6-3    2.  The testimony taken pursuant to NRS 624.170 to 624.210, inclusive,

6-4  must be considered a part of the record of the hearing before the board.

6-5    3.  [The] Except as otherwise provided in section 4 of this act, the

6-6  hearing must be public if a request is made therefor.

6-7    4.  The board may suspend the license of a contractor without a hearing

6-8  if the board finds, based upon evidence in its possession, that the public

6-9  health, safety or welfare imperatively requires summary suspension of the

6-10  license of the contractor and incorporates that finding in its order. If the

6-11  board summarily suspends the license of the contractor, the board must

6-12  notify the contractor by certified mail. A hearing must be held within 30

6-13  days after the suspension if the contractor submits a written request for a

6-14  hearing to the board within 20 days after the board summarily suspends his

6-15  license.

6-16  Sec. 12.  NRS 624.300 is hereby amended to read as follows:

6-17  624.300  1.  Except as otherwise provided in subsection 3, the board

6-18  may:

6-19  (a) Suspend or revoke licenses already issued;

6-20  (b) Refuse renewals of licenses;

6-21  (c) Impose limits on the field, scope and monetary limit of the license;

6-22  (d) Impose an administrative fine of not more than $10,000;

6-23  (e) Order a licensee to repay to the account established pursuant to NRS

6-24  624.470, any amount paid out of the account pursuant to NRS 624.510 as a

6-25  result of an act or omission of that licensee;

6-26  (f) Order the licensee to take action to correct a condition resulting from

6-27  an act which constitutes a cause for disciplinary action, at the licensee’s

6-28  cost, that may consist of requiring the licensee to:

6-29      (1) Perform the corrective work himself;

6-30      (2) Hire and pay another licensee to perform the corrective work; or

6-31      (3) Pay to the owner of the construction project a specified sum to

6-32  correct the condition; or

6-33  (g) [Reprimand] Issue a public reprimand or take other less severe

6-34  disciplinary action, including, without limitation, increasing the amount of

6-35  the surety bond or cash deposit of the licensee,

6-36  if the licensee commits any act which constitutes a cause for disciplinary

6-37  action.

6-38  2.  If the board suspends or revokes the license of a contractor for

6-39  failure to establish financial responsibility, the board may, in addition to

6-40  any other conditions for reinstating or renewing the license, require that

6-41  each contract undertaken by the licensee for a period to be designated by

6-42  the board, not to exceed 12 months, be separately covered by a bond or

6-43  bonds approved by the board and conditioned upon the performance of and

6-44  the payment of labor and materials required by the contract.

6-45  3.  If a licensee violates the provisions of NRS 624.3014 or subsection

6-46  3 of NRS 624.3015, the board may impose an administrative fine of not

6-47  more than $20,000.

6-48  4.  If a licensee commits a fraudulent act which is a cause for

6-49  disciplinary action under NRS 624.3016, the correction of any condition

7-1  resulting from the act does not preclude the board from taking disciplinary

7-2  action.

7-3    5.  If the board finds that a licensee has engaged in repeated acts that

7-4  would be cause for disciplinary action, the correction of any resulting

7-5  conditions does not preclude the board from taking disciplinary action

7-6  pursuant to this section.

7-7    6.  The expiration of a license by operation of law or by order or

7-8  decision of the board or a court, or the voluntary surrender of a license by a

7-9  licensee, does not deprive the board of jurisdiction to proceed with any

7-10  investigation of, or action or disciplinary proceeding against, the licensee

7-11  or to render a decision suspending or revoking the license.

7-12  7.  [If discipline is imposed pursuant to this section, including any

7-13  discipline imposed pursuant to a stipulated settlement, the costs of the

7-14  proceeding, including investigative costs and attorney’s fees, may be

7-15  recovered by the board.] The board shall not issue a private reprimand to

7-16  a licensee.

7-17  8.  An order that imposes discipline and the findings of fact and

7-18  conclusions of law supporting that order are public records.

7-19  Sec. 13.  NRS 625.425 is hereby amended to read as follows:

7-20  625.425  1.  Any information obtained during the course of an

7-21  investigation by the board and any record of an investigation is

7-22  confidential . [until the investigation is completed.] If no disciplinary

7-23  action is taken against a licensee, an applicant for licensure, an intern or an

7-24  applicant for certification as an intern, or no civil penalty is imposed

7-25  pursuant to NRS 625.590, the information in his investigative file remains

7-26  confidential. [If a formal complaint is filed, all pleadings and evidence

7-27  introduced at the hearing] The complaint or other document filed by the

7-28  board to initiate disciplinary action and all documents and information

7-29  considered by the board when determining whether to impose discipline

7-30  are public records.

7-31  2.  The provisions of this section do not prohibit the board or its

7-32  employees from communicating and cooperating with another licensing

7-33  board or any other agency that is investigating a person.

7-34  Sec. 14.  NRS 625.460 is hereby amended to read as follows:

7-35  625.460  1.  If, after a hearing, a majority of the members of the board

7-36  present at the hearing vote in favor of finding the accused person guilty, the

7-37  board may:

7-38  [1.] (a) Revoke the license of the professional engineer or professional

7-39  land surveyor or deny a license to the applicant;

7-40  [2.] (b) Suspend the license of the professional engineer or professional

7-41  land surveyor;

7-42  [3.] (c) Fine the licensee or applicant for licensure not more than

7-43  $15,000 for each violation of a provision of this chapter or any regulation

7-44  adopted by the board;

7-45  [4.] (d) Place the licensee or applicant for licensure on probation for

7-46  such periods as it deems necessary and, if the board deems appropriate,

7-47  require the licensee or applicant for licensure to pay restitution to clients or

7-48  other persons who have suffered economic losses as a result of a violation

7-49  of the provisions of this chapter or the regulations adopted by the board; or

8-1    [5.] (e) Take such other disciplinary action as the board deems

8-2  appropriate.

8-3    2.  The board shall not issue a private reprimand.

8-4    3.  An order that imposes discipline and the findings of fact and

8-5  conclusions of law supporting that order are public records.

8-6    Sec. 15.  Chapter 625A of NRS is hereby amended by adding thereto a

8-7  new section to read as follows:

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

8-9  the board, all documents and other information filed with the complaint

8-10  and all documents and other information compiled as a result of an

8-11  investigation conducted to determine whether to initiate disciplinary

8-12  action are and remain confidential.

8-13  2.  The complaint or other document filed by the board to initiate

8-14  disciplinary action and all documents and information considered by the

8-15  board when determining whether to impose discipline are public records.

8-16  Sec. 16.  NRS 625A.180 is hereby amended to read as follows:

8-17  625A.180  1.  If the board finds after a hearing, or after providing an

8-18  opportunity for a hearing, that disciplinary action is necessary, it may by

8-19  order:

8-20  (a) Place the environmental health specialist on probation for a specified

8-21  period or until further order of the board;

8-22  (b) Administer a public [or private] reprimand; or

8-23  (c) Suspend or revoke his certificate.

8-24  2.  If the order places an environmental health specialist on probation,

8-25  the board may impose such limitations or conditions upon his professional

8-26  activities as it finds consistent to protect the public health.

8-27  3.  The board shall not administer a private reprimand.

8-28  4.  An order that imposes discipline and the findings of fact and

8-29  conclusions of law supporting that order are public records.

8-30  Sec. 17.  Chapter 628 of NRS is hereby amended by adding thereto a

8-31  new section to read as follows:

8-32  1.  Except as otherwise provided in this section, a complaint filed with

8-33  the board, all documents and other information filed with the complaint

8-34  and all documents and other information compiled as a result of an

8-35  investigation conducted to determine whether to initiate disciplinary

8-36  action are and remain confidential.

8-37  2.  The complaint or other document filed by the board to initiate

8-38  disciplinary action and all documents and information considered by the

8-39  board when determining whether to impose discipline are public records.

8-40  Sec. 18.  NRS 628.390 is hereby amended to read as follows:

8-41  628.390  1.  After giving notice and conducting a hearing, the board

8-42  may revoke, or may suspend for a period of not more than 5 years, any

8-43  certificate issued under NRS 628.190 to 628.310, inclusive, any

8-44  registration or license granted to a registered public accountant under NRS

8-45  628.350, or any registration of a partnership, corporation, limited-liability

8-46  company or office, or may revoke, suspend or refuse to renew any permit

8-47  issued under NRS 628.380, or may publicly censure the holder of any

8-48  permit, for any one or any combination of the following causes:

9-1    (a) Fraud or deceit in obtaining a certificate as certified public

9-2  accountant, or in obtaining registration or a license as a public accountant

9-3  under this chapter, or in obtaining a permit to practice public accounting

9-4  under this chapter.

9-5    (b) Dishonesty, fraud or gross negligence by a certified or registered

9-6  public accountant in the practice of public accounting or, if not in the

9-7  practice of public accounting, of a kind which adversely affects the ability

9-8  to perform public accounting.

9-9    (c) Violation of any of the provisions of this chapter.

9-10  (d) Violation of a regulation or rule of professional conduct adopted by

9-11  the board under the authority granted by this chapter.

9-12  (e) Conviction of a felony under the laws of any state or of the United

9-13  States.

9-14  (f) Conviction of any crime, an element of which is dishonesty or fraud,

9-15  under the laws of any state or of the United States.

9-16  (g) Cancellation, revocation, suspension or refusal to renew authority to

9-17  practice as a certified public accountant or a registered public accountant

9-18  by any other state, for any cause other than failure to pay an annual

9-19  registration fee or to comply with requirements for continuing education or

9-20  review of his practice in the other state.

9-21  (h) Suspension or revocation of the right to practice before any state or

9-22  federal agency.

9-23  (i) Unless the person has been placed on inactive or retired status,

9-24  failure to obtain an annual permit under NRS 628.380, within:

9-25      (1) One year after the expiration date of the permit to practice last

9-26  obtained or renewed by the certificate holder or registrant; or

9-27      (2) One year after the date upon which the certificate holder or

9-28  registrant was granted his certificate or registration, if no permit was ever

9-29  issued to him, unless the failure has been excused by the board.

9-30  (j) Conduct discreditable to the profession of public accounting or

9-31  which reflects adversely upon the fitness of the person to engage in the

9-32  practice of public accounting.

9-33  (k) Making a false or misleading statement in support of an application

9-34  for a certificate, registration or permit of another person.

9-35  2.  In addition to other penalties prescribed by this section, the board

9-36  may impose a civil penalty of not more than $5,000 for each violation.

9-37  3.  The board [may recover:

9-38  (a) Attorney’s fees and costs incurred in respect to a hearing held

9-39  pursuant to subsection 1 from a licensee if he is found in violation thereof;

9-40  and

9-41  (b) Attorney’s fees and costs incurred in the recovery of a civil penalty

9-42  imposed.] shall not privately censure the holder of any permit.

9-43  4.  An order that imposes discipline and the findings of fact and

9-44  conclusions of law supporting that order are public records.

9-45  Sec. 19.  NRS 630.336 is hereby amended to read as follows:

9-46  630.336  1.  [Any proceeding of a committee of the board

9-47  investigating complaints is not subject to the requirements of NRS

9-48  241.020, unless the licensee under investigation requests that the

10-1  proceeding be subject to those requirements.] Any deliberations conducted

10-2  or vote taken by[:

10-3  (a) The board or panel regarding its decision; or

10-4  (b) The] the board or any investigative committee of the board

10-5  regarding its ordering of a physician to undergo a physical or mental

10-6  examination or any other examination designated to assist the board or

10-7  committee in determining the fitness of a physician[,]are not subject to the

10-8  requirements of NRS 241.020.

10-9  2.  Except as otherwise provided in subsection 3, all applications for a

10-10  license to practice medicine, any charges filed by the board, financial

10-11  records of the board, formal hearings on any charges heard by the board or

10-12  a panel selected by the board, records of such hearings and any order or

10-13  decision of the board or panel must be open to the public.

10-14  3.  [Except as otherwise provided in NRS 630.352 and 630.368, the]

10-15  The following may be kept confidential:

10-16  (a) Any statement, evidence, credential or other proof submitted in

10-17  support of or to verify the contents of an application;

10-18  (b) [All investigations and records of investigations;

10-19  (c)] Any report concerning the fitness of any person to receive or hold a

10-20  license to practice medicine;

10-21  [(d)] and

10-22  (c) Any communication between:

10-23     (1) The board and any of its committees or panels; and

10-24     (2) The board or its staff, investigators, experts, committees, panels,

10-25  hearing officers, advisory members or consultants and counsel for the

10-26  [board; and

10-27  (e) Any other information or records in the possession of the] board.

10-28  4.  Except as otherwise provided in subsection 5, a complaint filed

10-29  with the board pursuant to NRS 630.307, all documents and other

10-30  information filed with the complaint and all documents and other

10-31  information compiled as a result of an investigation conducted to

10-32  determine whether to initiate disciplinary action are and remain

10-33  confidential.

10-34  5.  The complaint or other document filed by the board to initiate

10-35  disciplinary action and all documents and information considered by the

10-36  board when determining whether to impose discipline are public records.

10-37  6. This section does not prevent or prohibit the board from

10-38  communicating or cooperating with any other licensing board or agency or

10-39  any agency which is investigating a licensee, including a law enforcement

10-40  agency. Such cooperation may include providing the board or agency with

10-41  minutes of a closed meeting, transcripts of oral examinations and the

10-42  results of oral examinations.

10-43  Sec. 20.  NRS 630.352 is hereby amended to read as follows:

10-44  630.352  1.  Any member of the board, except for an advisory

10-45  member serving on a panel of the board hearing charges, may participate in

10-46  the final order of the board. If the board, after a formal hearing, determines

10-47  from a preponderance of the evidence that a violation of the provisions of

10-48  this chapter or of the regulations of the board has occurred, it shall issue

11-1  and serve on the physician charged an order, in writing, containing its

11-2  findings and any sanctions.

11-3  2.  If the board determines that no violation has occurred, it shall

11-4  dismiss the charges, in writing, and notify the physician that the charges

11-5  have been dismissed. If the disciplinary proceedings were instituted against

11-6  the physician as a result of a complaint filed against him, the board may

11-7  provide the physician with a copy of the complaint, including the name of

11-8  the person, if any, who filed the complaint.

11-9  3.  Except as otherwise provided in subsection 4, if the board finds that

11-10  a violation has occurred, it may by order:

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

11-12  conditions specified in the order;

11-13  (b) Administer to him a public reprimand;

11-14  (c) Limit his practice or exclude one or more specified branches of

11-15  medicine from his practice;

11-16  (d) Suspend his license for a specified period or until further order of

11-17  the board;

11-18  (e) Revoke his license to practice medicine;

11-19  (f) Require him to participate in a program to correct alcohol or drug

11-20  dependence or any other impairment;

11-21  (g) Require supervision of his practice;

11-22  (h) Impose a fine not to exceed $5,000;

11-23  (i) Require him to perform public service without compensation;

11-24  (j) Require him to take a physical or mental examination or an

11-25  examination testing his competence; and

11-26  (k) Require him to fulfill certain training or educational requirements .

11-27  [; and

11-28  (l) Require him to pay all costs incurred by the board relating to his

11-29  disciplinary proceedings.]

11-30  4.  If the board finds that the physician has violated the provisions of

11-31  NRS 439B.425, the board shall suspend his license for a specified period or

11-32  until further order of the board.

11-33  5.  The board shall not administer a private reprimand.

11-34  6. An order that imposes discipline and the findings of fact and

11-35  conclusions of law supporting that order are public records.

11-36  Sec. 21.  NRS 630A.510 is hereby amended to read as follows:

11-37  630A.510  1.  Any member of the board who was not a member of the

11-38  investigative committee, if one was appointed, may participate in the final

11-39  order of the board. If the board, after a formal hearing, determines that a

11-40  violation of the provisions of this chapter or the regulations adopted by the

11-41  board has occurred, it shall issue and serve on the person charged an order,

11-42  in writing, containing its findings and any sanctions imposed by the board.

11-43  If the board determines that no violation has occurred, it shall dismiss the

11-44  charges, in writing, and notify the person that the charges have been

11-45  dismissed.

11-46  2.  If the board finds that a violation has occurred, it may by order:

11-47  (a) Place the person on probation for a specified period on any of the

11-48  conditions specified in the order.

11-49  (b) Administer to the person a public reprimand.

12-1  (c) Limit the practice of the person or exclude a method of treatment

12-2  from the scope of his practice.

12-3  (d) Suspend the license of the person for a specified period or until

12-4  further order of the board.

12-5  (e) Revoke the license of the person to practice homeopathic medicine.

12-6  (f) Require the person to participate in a program to correct a

12-7  dependence upon alcohol or a controlled substance, or any other

12-8  impairment.

12-9  (g) Require supervision of the person’s practice.

12-10  (h) Impose an administrative fine not to exceed $10,000.

12-11  (i) Require the person to perform public service without compensation.

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

12-13  examination of his competence to practice homeopathic medicine.

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

12-15  requirements.

12-16  [(l) Require the person to pay the costs of the investigation and

12-17  hearing.]

12-18  3.  The board shall not administer a private reprimand.

12-19  4.  An order that imposes discipline and the findings of fact and

12-20  conclusions of law supporting that order are public records.

12-21  Sec. 21.5.   NRS 630A.555 is hereby amended to read as follows:

12-22  630A.555  1.  Except as otherwise provided in [subsection 2,] this

12-23  section, any records or information obtained during an investigation by the

12-24  board and any record of the investigation are confidential . [until the

12-25  investigation is completed. Upon completion of the investigation, the

12-26  information and records are public records if:

12-27  (a) Disciplinary action is imposed by the board as a result of the

12-28  investigation; or

12-29  (b) The person regarding whom the investigation was made submits a

12-30  written request to the board asking that the information and records be

12-31  made public records.]

12-32  2.  The complaint or other document filed by the board to initiate

12-33  disciplinary action and all documents and information considered by the

12-34  board when determining whether to impose discipline are public.

12-35  3.  The board may provide any record or information described in

12-36  subsection 1 to any other licensing board or agency, including a law

12-37  enforcement agency, which is investigating a person who is licensed

12-38  pursuant to this chapter.

12-39  Sec. 22.  NRS 631.350 is hereby amended to read as follows:

12-40  631.350  1.  Except as otherwise provided in NRS 631.271 and

12-41  631.347, the board may:

12-42  (a) Refuse to issue a license to any person;

12-43  (b) Revoke or suspend the license or renewal certificate issued by it to

12-44  any person;

12-45  (c) Fine a person it has licensed;

12-46  (d) Place a person on probation for a specified period on any conditions

12-47  the board may order;

12-48  (e) Issue a public reprimand to a person;

12-49  (f) Limit a person’s practice to certain branches of dentistry;

13-1  (g) Require a person to participate in a program to correct alcohol or

13-2  drug abuse or any other impairment;

13-3  (h) Require that a person’s practice be supervised;

13-4  (i) Require a person to perform public service without compensation;

13-5  (j) Require a person to take a physical or mental examination or an

13-6  examination of his competence;

13-7  (k) Require a person to fulfill certain training or educational

13-8  requirements;

13-9  (l) Require a person to reimburse a patient; or

13-10  (m) Any combination thereof,

13-11  upon proof satisfactory to the board that the person has engaged in any of

13-12  the activities listed in subsection 2.

13-13  2.  The following activities may be punished as provided in

13-14  subsection 1:

13-15  (a) Engaging in the illegal practice of dentistry or dental hygiene;

13-16  (b) Engaging in unprofessional conduct; or

13-17  (c) Violating any regulations adopted by the board or the provisions of

13-18  this chapter.

13-19  3.  The board may delegate to a hearing officer or panel its authority to

13-20  take any disciplinary action pursuant to this chapter, impose and collect

13-21  fines therefor and deposit the money therefrom in banks, credit unions or

13-22  savings and loan associations in this state.

13-23  4.  If a hearing officer or panel is not authorized to take disciplinary

13-24  action pursuant to subsection 3 and the board deposits the money collected

13-25  from the imposition of fines with the state treasurer for credit to the state

13-26  general fund, it may present a claim to the state board of examiners for

13-27  recommendation to the interim finance committee if money is needed to

13-28  pay attorney’s fees or the costs of an investigation, or both.

13-29  5.  The board shall not issue a private reprimand.

13-30  6.  An order that imposes discipline and the findings of fact and

13-31  conclusions of law supporting that order are public records.

13-32  Sec. 22.5.  NRS 631.368 is hereby amended to read as follows:

13-33  631.368  1.  Except as otherwise provided in [subsection 2,] this

13-34  section, any records or information obtained during the course of an

13-35  investigation by the board and any record of the investigation are

13-36  confidential . [until the investigation is completed. Upon completion of the

13-37  investigation the information and records are public records, only if:

13-38  (a) Disciplinary action is imposed by the board as a result of the

13-39  investigation; or

13-40  (b) The person regarding whom the investigation was made submits a

13-41  written request to the board asking that the information and records be

13-42  made public records.]

13-43  2.  The complaint or other document filed by the board to initiate

13-44  disciplinary action and all documents and information considered by the

13-45  board when determining whether to impose discipline are public records.

13-46  3.  The board may provide any record or information described in

13-47  subsection 1 to any other licensing board or agency or any agency which is

13-48  investigating a person licensed pursuant to this chapter, including a law

13-49  enforcement agency.

14-1  Sec. 23.  NRS 632.325 is hereby amended to read as follows:

14-2  632.325  1.  If the board determines that a licensee or holder of a

14-3  certificate has committed any of the acts set forth in NRS 632.320, it may

14-4  take any one or more of the following disciplinary actions:

14-5  (a) Place conditions, limitations or restrictions on his license or

14-6  certificate.

14-7  (b) Impose and collect an administrative fine of not more than $5,000.

14-8  (c) [Require the licensee or holder of a certificate to pay all costs

14-9  incurred by the board relating to the discipline of the licensee or holder of a

14-10  certificate.

14-11  (d) Reprimand] Publicly reprimand the licensee or holder of a

14-12  certificate.

14-13  [(e)] (d) Accept the voluntary surrender of a license or certificate in lieu

14-14  of imposing any other disciplinary action set forth in this subsection.

14-15  2.  If the board determines that:

14-16  (a) A person whose license or certificate is suspended or voluntarily

14-17  surrendered, or has been placed on an inactive list pursuant to NRS

14-18  632.341, has committed, during the period his license or certificate was

14-19  valid, inactive or would have been valid if not for the suspension or

14-20  surrender; or

14-21  (b) An applicant for the renewal or reinstatement of a license or

14-22  certificate has committed, at any time after the most recent renewal of his

14-23  license or certificate or the issuance of his original license or certificate if it

14-24  has not been renewed,

14-25  any of the acts set forth in NRS 632.320, the board may take any one or

14-26  more of the disciplinary actions set forth in subsection 1.

14-27  3.  The board shall not privately reprimand a licensee or holder of a

14-28  certificate.

14-29  4.  An order that imposes discipline and the findings of fact and

14-30  conclusions of law supporting that order are public records.

14-31  Sec. 23.5.  NRS 632.405 is hereby amended to read as follows:

14-32  632.405  1.  [Any] Except as otherwise provided in this section, any

14-33  records or information obtained during the course of an investigation by

14-34  the board and any record of the investigation are confidential . [until the

14-35  investigation is completed. Upon completion of the investigation the

14-36  information and records are public records, only if:

14-37  (a) Disciplinary action is imposed by the board as a result of the

14-38  investigation; or

14-39  (b) The person regarding whom the investigation was made submits a

14-40  written request to the board asking that the information and records be

14-41  made public records.]

14-42  2.  The complaint or other document filed by the board to initiate

14-43  disciplinary action and all documents and information considered by the

14-44  board when determining whether to impose disciplinary action are public

14-45  records.

14-46  3. This section does not prevent or prohibit the board from

14-47  communicating or cooperating with another licensing board or any agency

14-48  that is investigating a licensee, including a law enforcement agency.

15-1  Sec. 24.  Chapter 633 of NRS is hereby amended by adding thereto a

15-2  new section to read as follows:

15-3  1.  Except as otherwise provided in this section, a complaint filed with

15-4  the board, all documents and other information filed with the complaint

15-5  and all documents and other information compiled as a result of the

15-6  investigation conducted to determine whether to initiate disciplinary

15-7  action are and remain confidential.

15-8  2.  The complaint or other document filed by the board to initiate

15-9  disciplinary action and all documents and information considered by the

15-10  board when determining whether to impose discipline are public records.

15-11  Sec. 25.  NRS 633.301 is hereby amended to read as follows:

15-12  633.301  The board shall keep a record of its proceedings relating to

15-13  licensing and disciplinary actions. [The record shall ] Except as otherwise

15-14  provided in section 24 of this act, the record must be open to public

15-15  inspection at all reasonable times and shall also contain the name, known

15-16  place of business and residence, and the date and number of the license of

15-17  every osteopathic physician licensed under this chapter.

15-18  Sec. 26.  NRS 633.651 is hereby amended to read as follows:

15-19  633.651  1.  The person charged is entitled to a hearing before the

15-20  board, but the failure of the person charged to attend his hearing or his

15-21  failure to defend himself shall not serve to delay or void the proceedings.

15-22  The board may, for good cause shown, continue any hearing from time to

15-23  time.

15-24  2.  If the board finds the person guilty as charged in the complaint, it

15-25  may by order:

15-26  (a) Place the person on probation for a specified period or until further

15-27  order of the board.

15-28  (b) Administer to the person a public [or private] reprimand.

15-29  (c) Limit the practice of the person to, or by the exclusion of, one or

15-30  more specified branches of osteopathic medicine.

15-31  (d) Suspend the license of the person to practice osteopathic medicine

15-32  for a specified period or until further order of the board.

15-33  (e) Revoke the license of the person to practice osteopathic

15-34  medicine.

15-35  The order of the board may contain such other terms, provisions or

15-36  conditions as the board deems proper and which are not inconsistent with

15-37  law.

15-38  3.  The board shall not administer a private reprimand.

15-39  4.  An order that imposes discipline and the findings of fact and

15-40  conclusions of law supporting that order are public records.

15-41  Sec. 27.  Chapter 634 of NRS is hereby amended by adding thereto a

15-42  new section to read as follows:

15-43  1.  Except as otherwise provided in this section, a complaint filed with

15-44  the board, all documents and other information filed with the complaint

15-45  and all documents and other information compiled as a result of the

15-46  investigation conducted to determine whether to initiate disciplinary

15-47  action are and remain confidential.

16-1  2.  The complaint or other document filed by the board to initiate

16-2  disciplinary action and all documents and information considered by the

16-3  board when determining whether to impose discipline are public records.

16-4  Sec. 28.  NRS 634.190 is hereby amended to read as follows:

16-5  634.190  1.  The person charged is entitled to a hearing before the

16-6  board, but the failure of the person charged to attend his hearing or his

16-7  failure to defend himself does not delay or void the proceedings. The board

16-8  may, for good cause shown, continue any hearing from time to time.

16-9  2.  If the board finds the person guilty as charged in the complaint, it

16-10  may by order:

16-11  (a) Place the person on probation for a specified period or until further

16-12  order of the board.

16-13  (b) Administer to the person a public [or private] reprimand.

16-14  (c) Limit the practice of the person to, or by the exclusion of, one or

16-15  more specified branches of chiropractic.

16-16  (d) Suspend the license of the person to practice chiropractic for a

16-17  specified period or until further order of the board.

16-18  (e) Revoke the license of the person to practice chiropractic.

16-19  (f) Impose a fine of not more than $10,000, which must be deposited

16-20  with the state treasurer for credit to the state general fund.

16-21  [(g) Require the person to pay all costs incurred by the board relating to

16-22  the discipline of the person.]

16-23  The order of the board may contain such other terms, provisions or

16-24  conditions as the board deems proper and which are not inconsistent with

16-25  law.

16-26  3.  If the board finds that a licensee has violated the provisions of NRS

16-27  439B.425, the board shall suspend his license for a specified period or until

16-28  further order of the board.

16-29  4.  The board shall not administer a private reprimand.

16-30  5.  An order that imposes discipline and the findings of fact and

16-31  conclusions of law supporting that order are public records.

16-32  Sec. 29.  NRS 634.212 is hereby amended to read as follows:

16-33  634.212  1.  The board shall keep a record of its proceedings relating

16-34  to licensing and disciplinary actions. [These] Except as otherwise provided

16-35  in section 27 of this act, these records must be open to public inspection at

16-36  all reasonable times and must contain the name, known place of business

16-37  and residence, and the date and number of the license of every chiropractor

16-38  licensed under this chapter. The board may keep such other records as it

16-39  deems desirable.

16-40  2.  Except as otherwise provided in this subsection, all information

16-41  pertaining to the personal background, medical history or financial affairs

16-42  of an applicant or licensee which the board requires to be furnished to it

16-43  under this chapter, or which it otherwise obtains, is confidential and may

16-44  be disclosed in whole or in part only as necessary in the course of

16-45  administering this chapter or upon the order of a court of competent

16-46  jurisdiction. The board may, under procedures established by regulation,

16-47  permit the disclosure of this information to any agent of the Federal

16-48  Government, of another state or of any political subdivision of this state

16-49  who is authorized to receive it.

17-1  3.  Notice of the disclosure and the contents of the information

17-2  disclosed pursuant to subsection 2 must be given to the applicant or

17-3  licensee who is the subject of that information.

17-4  Sec. 30.  Chapter 634A of NRS is hereby amended by adding thereto a

17-5  new section to read as follows:

17-6  1.  Except as otherwise provided in this section, a complaint filed with

17-7  the board, all documents and other information filed with the complaint

17-8  and all documents and other information compiled as a result of the

17-9  investigation conducted to determine whether to initiate disciplinary

17-10  action are and remain confidential.

17-11  2.  The complaint or other document filed by the board to initiate

17-12  disciplinary action and all documents and information considered by the

17-13  board when determining whether to impose discipline are public records.

17-14  3.  An order that imposes discipline and the findings of fact and

17-15  conclusions of law supporting that order are public records.

17-16  Sec. 31.  NRS 634A.250 is hereby amended to read as follows:

17-17  634A.250  [1.] In addition to any other penalties prescribed by law,

17-18  the board may, after notice and hearing, impose upon any person who

17-19  violates any provision of this chapter or the regulations adopted pursuant

17-20  thereto an administrative fine of not more than $2,500.

17-21  [2.  If discipline is imposed pursuant to this chapter, the costs of the

17-22  proceeding, including investigative costs and attorney’s fees, may be

17-23  recovered by the board.]

17-24  Sec. 32.  Chapter 635 of NRS is hereby amended by adding thereto a

17-25  new section to read as follows:

17-26  1.  Except as otherwise provided in this section, a complaint filed with

17-27  the board, all documents and other information filed with the complaint

17-28  and all documents and other information compiled as a result of the

17-29  investigation conducted to determine whether to initiate disciplinary

17-30  action are and remain confidential.

17-31  2.  The complaint or other document filed by the board to initiate

17-32  disciplinary action and all documents and information considered by the

17-33  board when determining whether to impose discipline are public records.

17-34  3.  An order that imposes discipline and the findings of fact and

17-35  conclusions of law supporting that order are public records.

17-36  Sec. 33.  NRS 635.130 is hereby amended to read as follows:

17-37  635.130  1.  The board, after notice and hearing, and upon any cause

17-38  enumerated in subsection 2, may take one or more of the following

17-39  disciplinary actions:

17-40  (a) Deny an application for a license or refuse to renew a license.

17-41  (b) Suspend or revoke a license.

17-42  (c) Place a licensee on probation.

17-43  (d) Impose a fine not to exceed $5,000.

17-44  [(e) Require the licensee to pay all costs incurred by the board relating

17-45  to the discipline of the licensee.]

17-46  2.  The board may take disciplinary action against a licensee for any of

17-47  the following causes:

18-1  (a) The making of a false statement in any affidavit required of the

18-2  applicant for application, examination or licensure pursuant to the

18-3  provisions of this chapter.

18-4  (b) Lending the use of the holder’s name to an unlicensed person.

18-5  (c) If the holder is a podiatric physician, his permitting an unlicensed

18-6  person in his employ to practice as a podiatry hygienist.

18-7  (d) Habitual indulgence in the use of alcohol or any controlled

18-8  substance which impairs the intellect and judgment to such an extent as in

18-9  the opinion of the board incapacitates the holder in the performance of his

18-10  professional duties.

18-11  (e) Conviction of a crime involving moral turpitude.

18-12  (f) Conviction of violating any of the provisions of NRS 616D.200,

18-13  616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

18-14  (g) Conduct which in the opinion of the board disqualifies him to

18-15  practice with safety to the public.

18-16  (h) The commission of fraud by or on behalf of the licensee regarding

18-17  his license or practice.

18-18  (i) Gross incompetency.

18-19  (j) Affliction of the licensee with any mental or physical disorder which

18-20  seriously impairs his competence as a podiatric physician or podiatry

18-21  hygienist.

18-22  (k) False representation by or on behalf of the licensee regarding his

18-23  practice.

18-24  (l) Unethical or unprofessional conduct.

18-25  (m) Willful or repeated violations of this chapter or regulations adopted

18-26  by the board.

18-27  (n) Willful violation of the regulations adopted by the state board of

18-28  pharmacy.

18-29  Sec. 34.  NRS 635.180 is hereby amended to read as follows:

18-30  635.180  Except as otherwise provided in NRS 635.167, every person

18-31  who practices podiatry or as a podiatry hygienist without having complied

18-32  with the provisions of this chapter must be fined not more than $10,000 for

18-33  each offense . [and may be required to pay all costs incurred by the board

18-34  relating to the discipline of the person.]

18-35  Sec. 35.  Chapter 636 of NRS is hereby amended by adding thereto a

18-36  new section to read as follows:

18-37  1.  Except as otherwise provided in this section, a complaint filed with

18-38  the board, all documents and other information filed with the complaint

18-39  and all documents and other information compiled as a result of an

18-40  investigation conducted to determine whether to initiate disciplinary

18-41  action are and remain confidential.

18-42  2.  The complaint or other document filed by the board to initiate

18-43  disciplinary action and all documents and information considered by the

18-44  board when determining whether to impose discipline are public records.

18-45  Sec. 36.  NRS 636.105 is hereby amended to read as follows:

18-46  636.105  1.  The executive director shall make and keep:

18-47  (a) A record of all meetings and proceedings of the board.

18-48  (b) A record of all prosecutions and violations of this chapter.

18-49  (c) A record of the results of all examinations of applicants.

19-1  (d) A register of all licensees.

19-2  (e) An inventory of all property of the board and all property of the state

19-3  in the board’s possession.

19-4  2.  [All] Except as otherwise provided in section 35 of this act, records

19-5  of the board are subject to public inspection.

19-6  3.  All records of the board must be kept in the office of the board.

19-7  Sec. 37.  NRS 636.325 is hereby amended to read as follows:

19-8  636.325  1.  Upon conclusion of the hearing, or waiver thereof by the

19-9  licensee against whom the charge is filed, the board shall make and

19-10  announce its decision. If the board determines that the allegations included

19-11  in the charge are true, it may, in the exercise of reasonable discretion, take

19-12  any one or more of the following actions:

19-13  (a) [Reprimand] Publicly reprimand the licensee;

19-14  (b) Place the licensee on probation for a specified or unspecified period;

19-15  (c) Suspend the licensee from practice for a specified or unspecified

19-16  period;

19-17  (d) Revoke the licensee’s license; or

19-18  (e) Impose an administrative fine pursuant to the provisions of NRS

19-19  636.420 . [and order the licensee to pay any costs or fees incurred by the

19-20  board in connection with the hearing.]

19-21  The board may, in connection with a reprimand, probation or suspension,

19-22  impose such other terms or conditions as it deems necessary.

19-23  2.  If the board determines that the allegations included in the charge

19-24  are false or do not warrant disciplinary action, it shall dismiss the charge.

19-25  3.  The board shall not privately reprimand a licensee.

19-26  4.  An order that imposes discipline and the findings of fact and

19-27  conclusions of law supporting that order are public records.

19-28  Sec. 38.  Chapter 637 of NRS is hereby amended by adding thereto a

19-29  new section to read as follows:

19-30  1.  Except as otherwise provided in this section, a complaint filed with

19-31  the board, all documents and other information filed with the complaint

19-32  and all documents and other information compiled as a result of the

19-33  investigation conducted to determine whether to initiate disciplinary

19-34  action are and remain confidential.

19-35  2.  The complaint or other document filed by the board to initiate

19-36  disciplinary action and all documents and information considered by the

19-37  board when determining whether to impose discipline are public records.

19-38  Sec. 39.  NRS 637.085 is hereby amended to read as follows:

19-39  637.085  1.  Except as otherwise provided in subsection 2[,] and

19-40  section 38 of this act, all applications for licensure, any charges filed by

19-41  the board, financial records of the board, formal hearings on any charges

19-42  heard by the board or a panel selected by the board, records of the hearings

19-43  and any order or decision of the board or panel must be open to the public.

19-44  2.  [The] Except as otherwise provided in section 38 of this act, the

19-45  following may be kept confidential:

19-46  (a) Any statement, evidence, credential or other proof submitted in

19-47  support of or to verify the contents of an application.

19-48  (b) [All investigations and records of investigations.

20-1  (c)] Any report concerning the fitness of any person to receive or hold a

20-2  license to practice ophthalmic dispensing.

20-3  [(d)] (c) Any communication between:

20-4      (1) The board and any of its committees or panels; and

20-5      (2) The board or its staff, investigators, experts, committees, panels,

20-6  hearing officers, advisory members or consultants and counsel for the

20-7  board.

20-8  [(e)] (d) Any other information or records in the possession of the

20-9  board.

20-10  3.  This section does not prohibit the board from communicating or

20-11  cooperating with any other licensing board or agency or any agency which

20-12  is investigating a licensee, including a law enforcement agency.

20-13  Sec. 40.  NRS 637.150 is hereby amended to read as follows:

20-14  637.150  1.  Upon proof to the satisfaction of the board that an

20-15  applicant or holder of a license:

20-16  [1.] (a) Has been adjudicated insane;

20-17  [2.] (b) Habitually uses any controlled substance or intoxicant;

20-18  [3.] (c) Has been convicted of a crime involving moral turpitude;

20-19  [4.] (d) Has been convicted of violating any of the provisions of NRS

20-20  616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;

20-21  [5.] (e) Has advertised in any manner which would tend to deceive,

20-22  defraud or mislead the public;

20-23  [6.] (f) Has presented to the board any diploma, license or certificate

20-24  that has been signed or issued unlawfully or under fraudulent

20-25  representations, or obtains or has obtained a license to practice in the state

20-26  through fraud of any kind;

20-27  [7.] (g) Has been convicted of a violation of any federal or state law

20-28  relating to a controlled substance;

20-29  [8.] (h) Has violated any regulation of the board;

20-30  [9.] (i) Has violated any provision of this chapter;

20-31  [10.] (j) Is incompetent;

20-32  [11.] (k) Is guilty of unethical or unprofessional conduct as determined

20-33  by the board;

20-34  [12.] (l) Is guilty of repeated malpractice, which may be evidenced by

20-35  claims of malpractice settled against a practitioner; or

20-36  [13.] (m) Is guilty of a fraudulent or deceptive practice as determined

20-37  by the board,

20-38  the board may, in the case of an applicant, refuse to grant him a license, or

20-39  may, in the case of a holder of a license, place him on probation, reprimand

20-40  him [privately or] publicly, require him to pay an administrative fine of not

20-41  more than $10,000, suspend or revoke his license, or take any combination

20-42  of these disciplinary actions.

20-43  2.  The board shall not privately reprimand an applicant or holder of

20-44  a license.

20-45  3.  An order that imposes discipline and the findings of fact and

20-46  conclusions of law supporting that order are public records.

 

 

21-1  Sec. 41.  Chapter 637A of NRS is hereby amended by adding thereto a

21-2  new section to read as follows:

21-3  1.  Except as otherwise provided in this section, a complaint filed with

21-4  the board, all documents and other information filed with the complaint

21-5  and all documents and other information compiled as a result of an

21-6  investigation conducted to determine whether to initiate disciplinary

21-7  action are and remain confidential.

21-8  2.  The complaint or other document filed by the board to initiate

21-9  disciplinary action and all documents and information considered by the

21-10  board when determining whether to impose discipline are public records.

21-11  Sec. 42.  NRS 637A.290 is hereby amended to read as follows:

21-12  637A.290  1.  The holder of any license issued by the board whose

21-13  default has been entered or who has been heard by the board and found

21-14  guilty of the violation alleged in the complaint may be disciplined by the

21-15  board by one or more of the following methods:

21-16  (a) Placing the licensee on probation for a period not to exceed 2 years;

21-17  (b) Suspending the right of the licensee to practice, or the right to use a

21-18  license, for a period not to exceed 3 years;

21-19  (c) Revoking the license;

21-20  (d) Public [or private] reprimand;

21-21  (e) Imposition of an administrative fine not to exceed $5,000 upon a

21-22  finding by the board of more than one violation;

21-23  (f) [Requiring the licensee to pay the costs incurred by the board in

21-24  investigating and disciplining the licensee;

21-25  (g)] Requiring the licensee to pay restitution to any person who has

21-26  suffered an economic loss as a result of a violation of the provisions of this

21-27  chapter or any regulation adopted by the board pursuant thereto; or

21-28  [(h)] (g) Requiring the licensee to retake and pass the examination or

21-29  otherwise demonstrate that he is qualified and competent to practice.

21-30  2.  If a license is suspended, it must be surrendered to the board and

21-31  returned to the licensee upon termination of the period of suspension.

21-32  3.  The board shall not issue a private reprimand.

21-33  4.  An order that imposes discipline and the findings of fact and

21-34  conclusions of law supporting that order are public records.

21-35  Sec. 43.  Chapter 637B of NRS is hereby amended by adding thereto a

21-36  new section to read as follows:

21-37  1.  Except as otherwise provided in this section, a complaint filed with

21-38  the board, all documents and other information filed with the complaint

21-39  and all documents and other information compiled as a result of an

21-40  investigation conducted to determine whether to initiate disciplinary

21-41  action are and remain confidential.

21-42  2.  The complaint or other document filed by the board to initiate

21-43  disciplinary action and all documents and information considered by the

21-44  board when determining whether to impose discipline are public records.

21-45  Sec. 44.  NRS 637B.280 is hereby amended to read as follows:

21-46  637B.280  1.  If, after the hearing, the board determines that the

21-47  applicant or licensee has committed any act which constitutes grounds for

21-48  disciplinary action, the board may , in the case of the applicant , refuse to

21-49  issue a license, and in all other cases:

22-1  [1.] (a) Refuse to renew a license;

22-2  [2.] (b) Revoke a license;

22-3  [3.] (c) Suspend a license for a definite time, not to exceed 1 year;

22-4  [4.] (d) Administer to the licensee a public [or private] reprimand; or

22-5  [5.] (e) Impose a civil penalty not to exceed $1,000.

22-6  2.  The board shall not administer a private reprimand.

22-7  3.  An order that imposes discipline and the findings of fact and

22-8  conclusions of law supporting that order are public records

22-9  Sec. 45.  Chapter 638 of NRS is hereby amended by adding thereto a

22-10  new section to read as follows:

22-11  1.  Except as otherwise provided in this section, a complaint filed with

22-12  the board, all documents and other information filed with the complaint

22-13  and all documents and other information compiled as a result of an

22-14  investigation conducted to determine whether to initiate disciplinary

22-15  action are and remain confidential.

22-16  2.  The complaint or other document filed by the board to initiate

22-17  disciplinary action and all documents and information considered by the

22-18  board when determining whether to impose discipline are public records.

22-19  Sec. 46.  NRS 638.087 is hereby amended to read as follows:

22-20  638.087  1.  The board shall keep a record of:

22-21  (a) All charges filed against a licensee;

22-22  (b) The proceedings of any formal hearing conducted by the board or a

22-23  hearing officer;

22-24  (c) Any order filed by the board; and

22-25  (d) All licenses issued by the board including the name of the holder of

22-26  the license, his business and residential addresses, the date the license was

22-27  issued and the serial number of the license.

22-28  2.  [The] Except as otherwise provided in section 45 of this act, the

22-29  records of the board listed in subsection 1 must be open to the public at

22-30  reasonable times and places.

22-31  Sec. 47.  NRS 638.100 is hereby amended to read as follows:

22-32  638.100  1.  Any person who desires to secure a license to practice

22-33  veterinary medicine, surgery, obstetrics or dentistry in the State of Nevada

22-34  must make written application to the executive director of the board.

22-35  2.  The application must include the social security number of the

22-36  applicant and any other information required by the board and must be

22-37  accompanied by satisfactory proof that the applicant:

22-38  (a) Is of good moral character;

22-39  (b) Except as otherwise provided in subsection 3, has received a

22-40  diploma conferring the degree of doctor of veterinary medicine or its

22-41  equivalent from a school of veterinary medicine within the United States or

22-42  Canada or, if the applicant is a graduate of a school of veterinary medicine

22-43  located outside the United States or Canada, that he has received an

22-44  educational certificate issued after December 31, 1972, by the Educational

22-45  Committee on Foreign Veterinary Graduates of the American Veterinary

22-46  Medical Association;

22-47  (c) Has passed each examination required by the board pursuant to NRS

22-48  638.110; and

23-1  (d) Is a citizen of the United States or is lawfully entitled to remain and

23-2  work in the United States.

23-3  3.  A veterinary student in his final year at a school accredited by the

23-4  American Veterinary Medical Association may submit an application to

23-5  the board and take the state examination administered by the board, but the

23-6  board may not issue him a license until he has complied with the

23-7  requirements of subsection 2.

23-8  4.  The application must be signed by the applicant, notarized and

23-9  accompanied by a fee set by the board, not to exceed $500.

23-10  5.  The board may refuse to issue a license upon satisfactory proof that

23-11  the applicant has committed an act which would be a ground for

23-12  disciplinary action if the applicant were a licensee.

23-13  [6.  If an applicant brings a civil action against the board for denial of a

23-14  license and the decision of the board is upheld, the board may recover all

23-15  administrative expenses and attorney’s fees and costs incurred by the board

23-16  in defending the action brought against it.]

23-17  Sec. 48.  NRS 638.147 is hereby amended to read as follows:

23-18  638.147  1.  If the board determines that any applicant for a license or

23-19  any person licensed pursuant to this chapter has committed any of the acts

23-20  which are grounds for disciplinary action, the board may:

23-21  [1.] (a) Refuse to issue a license.

23-22  [2.] (b) Refuse to renew a license.

23-23  [3.] (c) Revoke a license.

23-24  [4.] (d) Suspend a license for a definite period or until further order of

23-25  the board.

23-26  [5.] (e) Impose a fine in an amount not to exceed $10,000 for each act

23-27  which constitutes a ground for disciplinary action.

23-28  [6.] (f) Place a licensee on probation subject to any reasonable

23-29  conditions imposed by the board, including requiring courses in continuing

23-30  education or a periodic or continuous review of his practice.

23-31  [7.] (g) Administer a public [or private reprimand.

23-32  8.] reprimand.

23-33  (h) Limit the practice of the licensee to specified branches of veterinary

23-34  medicine.

23-35  [9.] (i) Require the licensee to take a competency examination or a

23-36  mental or physical examination.

23-37  [10.  Require the licensee to pay all costs incurred by the board in

23-38  taking disciplinary action against the licensee.]

23-39  2.  The board shall not administer a private reprimand.

23-40  3.  An order that imposes discipline and the findings of fact and

23-41  conclusions of law supporting that order are public records.

23-42  Sec. 48.5.  NRS 639.2485 is hereby amended to read as follows:

23-43  639.2485  1.  [Any] Except as otherwise provided in this section, any

23-44  records or information obtained during the course of an investigation by

23-45  the board and any record of the investigation are confidential . [until the

23-46  investigation is completed. Upon completion of the investigation the

23-47  information and records are public records, only if:

23-48  (a) Disciplinary action is imposed by the board as a result of the

23-49  investigation; or

24-1  (b) The person regarding whom the investigation was made submits a

24-2  written request to the board asking that the information and records be

24-3  made public records.]

24-4  2.  The complaint or other document filed by the board to initiate

24-5  disciplinary action and all documents and information considered by the

24-6  board when determining whether to impose discipline are public records.

24-7  3.  The board may disclose to a practitioner and a law enforcement

24-8  agency information concerning a person who procures or attempts to

24-9  procure any dangerous drug or controlled substance in violation of NRS

24-10  453.391 or 454.311.

24-11  [3.] 4.  If the board receives a request or subpoena for records or

24-12  information obtained during an investigation by the board and the records

24-13  or information is not made public pursuant to subsection [1,] 2, the board

24-14  shall notify the person regarding whom the investigation was made of the

24-15  request or subpoena. If that person does not consent in writing to the

24-16  release of the records or information, the board may release the records or

24-17  information only upon the order of a court of competent jurisdiction.

24-18  Sec. 49.  NRS 639.255 is hereby amended to read as follows:

24-19  639.255  1.  The holder of any certificate, license or permit issued by

24-20  the board, whose default has been entered or who has been heard by the

24-21  board and found guilty of the violations alleged in the accusation, may be

24-22  disciplined by the board by one or more of the following methods:

24-23  (a) Suspending judgment;

24-24  (b) Placing the certificate, license or permit holder on probation;

24-25  (c) Suspending the right of a certificate holder to practice, or the right to

24-26  use any license or permit, for a period not to exceed 1 year;

24-27  (d) Revoking the certificate, license or permit;

24-28  (e) Public [or private] reprimand; or

24-29  (f) Imposition of a fine not to exceed $1,000 for each count of the

24-30  accusation . [; or

24-31  (g) Requiring the certificate, license or permit holder to pay all costs

24-32  incurred by the board relating to the discipline of the person.]

24-33  2.  Such action by the board is final, except that the propriety of such

24-34  action is subject to review upon questions of law by a court of competent

24-35  jurisdiction.

24-36  3.  The board shall not issue a private reprimand.

24-37  4.  An order that imposes discipline and the findings of fact and

24-38  conclusions of law supporting that order are public records.

24-39  Sec. 50.  NRS 640.075 is hereby amended to read as follows:

24-40  640.075  1.  [Any] Except as otherwise provided in this section, any

24-41  records or information obtained during the course of an investigation by

24-42  the board and any record of the investigation are confidential . [until the

24-43  investigation is completed. Upon completion of the investigation the

24-44  information and records are public records, only if:

24-45  (a) Disciplinary action is imposed by the board as a result of the

24-46  investigation; or

24-47  (b) The person regarding whom the investigation was made submits a

24-48  written request to the board asking that the information and records be

24-49  made public records.]

25-1  2.  The complaint or other document filed by the board to initiate

25-2  disciplinary action and all documents and information considered by the

25-3  board when determining whether to impose discipline are public records.

25-4  3.  This section does not prevent or prohibit the board from

25-5  communicating or cooperating with another licensing board or any agency

25-6  that is investigating a licensee, including a law enforcement agency.

25-7  4.  An order that imposes discipline and the findings of fact and

25-8  conclusions of law supporting that order are public records.

25-9  Sec. 51.  NRS 640.160 is hereby amended to read as follows:

25-10  640.160  1.  The board, after due notice and hearing, and upon any

25-11  ground enumerated in subsection 2, may take one or more of the following

25-12  actions:

25-13  (a) Refuse to issue a license or temporary license to any applicant.

25-14  (b) Refuse to renew the license or temporary license of any person.

25-15  (c) Suspend or revoke the license or temporary license of any person.

25-16  (d) Place any person who has been issued a license or temporary license

25-17  on probation.

25-18  (e) Impose an administrative fine which does not exceed $5,000 on any

25-19  person who has been issued a license.

25-20  [(f) Require any person who has been issued a license to pay all costs

25-21  incurred by the board relating to the discipline of the person.]

25-22  2.  The board may take action pursuant to subsection 1 if an applicant

25-23  or person who has been licensed pursuant to this chapter:

25-24  (a) Is habitually drunk or is addicted to the use of a controlled

25-25  substance.

25-26  (b) Has been convicted of violating any state or federal law relating to

25-27  controlled substances.

25-28  (c) Is, in the judgment of the board, guilty of immoral or unprofessional

25-29  conduct.

25-30  (d) Has been convicted of any crime involving moral turpitude.

25-31  (e) Has been convicted of violating any of the provisions of NRS

25-32  616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

25-33  (f) Is guilty, in the judgment of the board, of gross negligence in his

25-34  practice as a physical therapist which may be evidenced by claims of

25-35  malpractice settled against a practitioner.

25-36  (g) Has obtained or attempted to obtain a license by fraud or material

25-37  misrepresentation.

25-38  (h) Has been declared insane by a court of competent jurisdiction and

25-39  has not thereafter been lawfully declared sane.

25-40  (i) Has entered into any contract or arrangement which provides for the

25-41  payment of an unearned fee to any person following his referral of a

25-42  patient.

25-43  (j) Has employed as a physical therapist any unlicensed physical

25-44  therapist or physical therapist whose license has been suspended.

25-45  (k) Has had his license to practice physical therapy suspended, revoked

25-46  or in any way limited by another jurisdiction.

25-47  (l) Is determined to be professionally incompetent by the board.

25-48  (m) Has violated any provision of this chapter or the board’s

25-49  regulations.

26-1  Sec. 52.  NRS 640A.200 is hereby amended to read as follows:

26-2  640A.200  1.  The board may, after notice and hearing, suspend,

26-3  revoke or refuse to issue or renew a license to practice as an occupational

26-4  therapist or occupational therapy assistant, or may impose conditions upon

26-5  the use of that license, if the board determines that the holder of or

26-6  applicant for the license is guilty of unprofessional conduct which has

26-7  endangered or is likely to endanger the public health, safety or welfare. The

26-8  board may reinstate a revoked license upon application by the person to

26-9  whom the license was issued not less than 1 year after the license is

26-10  revoked.

26-11  2.  If the board receives a report pursuant to subsection 5 of NRS

26-12  228.420, a hearing must be held to consider the report within 30 days after

26-13  receiving the report.

26-14  3. An order that imposes discipline and the findings of fact and

26-15  conclusions of law supporting that order are public records.

26-16  4.  As used in this section, “unprofessional conduct” includes:

26-17  (a) The obtaining of a license by fraud or through the misrepresentation

26-18  or concealment of a material fact;

26-19  (b) The conviction of any crime, except a misdemeanor which does not

26-20  involve moral turpitude; and

26-21  (c) The violation of any provision of this chapter or regulation of the

26-22  board adopted pursuant to this chapter.

26-23  Sec. 52.5  NRS 640A.220 is hereby amended to read as follows:

26-24  640A.220  [Any]

26-25  1.  Except as otherwise provided in this section, any records or

26-26  information obtained during the course of an investigation by the board are

26-27  confidential . [until the investigation is completed. Upon completion of the

26-28  investigation, the records and information are public records if:

26-29  1.  Disciplinary action is imposed by the board as a result of the

26-30  investigation; or

26-31  2.  The person under investigation submits a written request to the

26-32  board asking that the information and records be made]

26-33  2.  The complaint or other document filed by the board to initiate

26-34  disciplinary action and all documents and information considered by the

26-35  board when determining whether to impose discipline are public records.

26-36  Sec. 53.  NRS 641.090 is hereby amended to read as follows:

26-37  641.090  1.  The secretary-treasurer shall make and keep on behalf of

26-38  the board:

26-39  (a) A record of all its meetings and proceedings.

26-40  (b) A record of all violations and prosecutions under the provisions of

26-41  this chapter.

26-42  (c) A record of all examinations of applicants.

26-43  (d) A register of all licenses.

26-44  (e) A register of all holders of licenses.

26-45  (f) An inventory of the property of the board and of the state in the

26-46  board’s possession.

26-47  2.  These records must be kept in the office of the board and , except as

26-48  otherwise provided in NRS 641.255, are subject to public inspection

26-49  during normal working hours upon reasonable notice.

27-1  3.  The board may keep the personnel records of applicants

27-2  confidential.

27-3  Sec. 54.  NRS 641.240 is hereby amended to read as follows:

27-4  641.240  1.  If the board, a panel of its members or a hearing officer

27-5  appointed by the board finds the person guilty as charged in the complaint,

27-6  it may:

27-7  [1.] (a) Administer a public [or private reprimand.

27-8  2.] reprimand.

27-9  (b) Limit his practice.

27-10  [3.] (c) Suspend his license for a period of not more than 1 year.

27-11  [4.] (d) Revoke his license.

27-12  [5.] (e) Impose a fine of not more than $5,000.

27-13  [6.] (f) Revoke or suspend his license and impose a monetary penalty.

27-14  [7.] (g) Suspend the enforcement of any penalty by placing him on

27-15  probation. The board may revoke the probation if the person does not

27-16  follow any conditions imposed.

27-17  [8.] (h) Require the person to submit to the supervision of or

27-18  counseling or treatment by a person designated by the board. The person

27-19  named in the complaint is responsible for any expense incurred.

27-20  [9.] (i) Impose and modify any conditions of probation for the

27-21  protection of the public or the rehabilitation of the probationer.

27-22  [10.] (j) Require the person to pay for the costs of remediation or

27-23  restitution.

27-24  [11.  Assess the costs of the disciplinary proceedings, including any

27-25  investigations.]

27-26  2.  The board shall not administer a private reprimand.

27-27  3.   An order that imposes discipline and the findings of fact and

27-28  conclusions of law supporting that order are public records.

27-29  Sec. 55.  NRS 641.255 is hereby amended to read as follows:

27-30  641.255  [All]

27-31  1.  Except as otherwise provided in subsection 2, all complaints filed

27-32  with the board , all information relating to a complaint and all

27-33  information relating to an investigation conducted to determine whether

27-34  to initiate disciplinary action are confidential, except to the extent

27-35  necessary for the conduct of an investigation . [, until the board determines

27-36  whether to proceed with any action authorized under this chapter. If the

27-37  board proceeds with any action, confidentiality is no longer required.]

27-38  2.  The complaint or other document filed by the board to initiate

27-39  disciplinary action and all documents and information considered by the

27-40  board when determining whether to impose discipline are public records.

27-41  Sec. 55.5.   NRS 641A.191 is hereby amended to read as follows:

27-42  641A.191  1.  [Any] Except as otherwise provided in this section,

27-43  any records or information obtained during the course of an investigation

27-44  by the board and any record of the investigation are confidential . [until the

27-45  investigation is completed. Except as otherwise provided in NRS

27-46  641A.315, upon completion of the investigation the information and

27-47  records are public records, only if:

27-48  (a) Disciplinary action is imposed by the board as a result of the

27-49  investigation; or

28-1  (b) The person regarding whom the investigation was made submits a

28-2  written request to the board asking that the information and records be

28-3  made public records.]

28-4  2.  The complaint or other document filed by the board to initiate

28-5  disciplinary action and all documents and information considered by the

28-6  board when determining whether to impose discipline are public records.

28-7  3.  This section does not prohibit the board from communicating or

28-8  cooperating with any other licensing board or agency or any agency which

28-9  is investigating a licensee, including a law enforcement agency.

28-10  Sec. 56.  NRS 641A.320 is hereby amended to read as follows:

28-11  641A.320  1.  The board may discipline the holder of any license

28-12  whose default has been entered or who has been heard by the board and

28-13  found guilty, by any of the following methods:

28-14  [1.] (a) Placing him upon probation for a period to be determined by

28-15  the board.

28-16  [2.] (b) Suspending his license for not more than 1 year.

28-17  [3.] (c) Revoking his license.

28-18  [4.] (d) Administering a [private or] public reprimand.

28-19  [5.] (e) Limiting his practice.

28-20  [6.] (f) Imposing an administrative fine of not more than $5,000.

28-21  [7.] (g) Requiring him to complete successfully another examination.

28-22  [8.  Requiring him to pay the costs incurred by the board to conduct the

28-23  hearing.]

28-24  2.  The board shall not administer a private reprimand.

28-25  3.  An order that imposes discipline and the findings of fact and

28-26  conclusions of law supporting that order are public records.

28-27  Sec. 57.  NRS 641B.430 is hereby amended to read as follows:

28-28  641B.430  1.  The defendant licensee must be accorded the right to

28-29  appear at the hearing of a complaint conducted by the board in person and

28-30  through the representation of legal counsel. He must be given adequate

28-31  opportunity to confront the witnesses against him, testify and introduce the

28-32  testimony of witnesses in his behalf and submit arguments and briefs in

28-33  person or through his counsel. The board shall make and announce its

28-34  decision as soon as practicable.

28-35  2.  The failure of the person charged to attend his hearing or defend

28-36  himself must not delay and does not void the proceedings. The board may,

28-37  for good cause shown, continue any hearing from time to time.

28-38  3.  If the board finds the person guilty as charged in the complaint, it

28-39  may by order:

28-40  (a) Place the person on probation for a specified period or until further

28-41  order of the board.

28-42  (b) Administer to the person a public [or private] reprimand.

28-43  (c) Limit the practice of the person to, or by exclusion of, one or more

28-44  specified branches of social work.

28-45  (d) Suspend the license of the person to practice social work for a

28-46  specified period or until further order of the board.

28-47  (e) Revoke the license of the person to practice social work.

28-48  (f) Impose a fine of not more than $5,000, which must be deposited

28-49  with the state treasurer for credit to the state general fund.

29-1  [(g) Require the person to pay all costs incurred by the board relating to

29-2  the discipline of the person.]

29-3  The order of the board may contain other terms, provisions or conditions as

29-4  the board deems proper and which are not inconsistent with law.

29-5  4.  The board shall not administer a private reprimand.

29-6  5.  An order that imposes discipline and the findings of fact and

29-7  conclusions of law supporting that order are public records.

29-8  Sec. 58.  NRS 641C.720 is hereby amended to read as follows:

29-9  641C.720  1.  The board or any of its members who become aware of

29-10  any ground for initiating disciplinary action against a person engaging in

29-11  the practice of counseling alcohol and drug abusers in this state shall, and

29-12  any other person who is so aware may, file a written complaint specifying

29-13  the relevant facts with the board. The complaint must specifically charge

29-14  one or more of the grounds for initiating disciplinary action.

29-15  2.  As soon as practicable after the filing of the complaint, the board

29-16  shall set a date for a hearing thereon. The date must not be earlier than 30

29-17  days after the complaint is filed, except that the date may be changed upon

29-18  agreement of the parties. The board shall immediately notify the licensed

29-19  or certified counselor or certified intern of the complaint and the date and

29-20  place set for the hearing. A copy of the complaint must be attached to the

29-21  notice.

29-22  3.  The failure of the licensed or certified counselor or certified intern

29-23  to appear at the hearing does not delay or void the proceeding.

29-24  4.  The board may, for good cause, continue a hearing from time to

29-25  time.

29-26  5.  If, after notice and a hearing, the board determines that the licensed

29-27  or certified counselor or certified intern has violated a provision of this

29-28  chapter or any regulation adopted pursuant to this chapter, it may:

29-29  (a) Administer a public [or private] reprimand;

29-30  (b) Suspend his license or certificate and impose conditions for the

29-31  removal of the suspension;

29-32  (c) Revoke his license or certificate and prescribe the requirements for

29-33  the reinstatement of the license or certificate;

29-34  (d) If he is a licensed or certified counselor, require him to be

29-35  supervised by another person while he engages in the practice of

29-36  counseling alcohol and drug abusers;

29-37  (e) Require him to participate in treatment or counseling and pay the

29-38  expenses of that treatment or counseling;

29-39  (f) Require him to pay restitution to any person adversely affected by

29-40  his acts or omissions;

29-41  (g) Impose a fine of not more than $5,000; or

29-42  (h) [Require him to pay the costs of the board for the investigation and

29-43  hearing; or

29-44  (i)] Take any combination of the actions authorized by paragraphs (a) to

29-45  [(h),] (g), inclusive.

29-46  6.  If his license or certificate is revoked or suspended pursuant to

29-47  subsection 5, the licensed or certified counselor or certified intern may

29-48  apply to the board for a rehearing within 10 days after the license or

29-49  certificate is revoked or suspended. The licensed or certified counselor or

30-1  certified intern may apply to the board for reinstatement of his revoked

30-2  license or certificate not earlier than 1 year after the license or certificate is

30-3  revoked. The board may accept or reject the application and may require

30-4  the successful completion of an examination as a condition of

30-5  reinstatement of the license or certificate.

30-6  7.  The board shall not administer a private reprimand.

30-7  8.  An order that imposes discipline and the findings of fact and

30-8  conclusions of law supporting that order are public records.

30-9  Sec. 58.5.  NRS 641C.760 is hereby amended to read as follows:

30-10  641C.760  1.  [Any] Except as otherwise provided in this section, any

30-11  records or information obtained during the course of an investigation by

30-12  the board and any record of the investigation are confidential . [until the

30-13  investigation is completed. Upon completion of the investigation, the

30-14  information and records are public records if:

30-15  (a) Disciplinary action is imposed by the board as a result of the

30-16  investigation; or

30-17  (b) The person regarding whom the investigation was made submits a

30-18  written request to the board asking that the information and records be

30-19  made public records.]

30-20  2.  The complaint or other document filed by the board to initiate

30-21  disciplinary action and all documents and information considered by the

30-22  board when determining whether to impose discipline are public records.

30-23  3.  If the board receives a request or subpoena for records or

30-24  information obtained during an investigation by the board and the records

30-25  or information is not made public pursuant to subsection [1,]2, the board

30-26  shall notify the person regarding whom the investigation was made of the

30-27  request or subpoena. If that person does not consent in writing to the

30-28  release of the records or information, the board may release the records or

30-29  information only upon the order of a court of competent jurisdiction.

30-30  Sec. 59.  Chapter 642 of NRS is hereby amended by adding thereto a

30-31  new section to read as follows:

30-32  1.  Except as otherwise provided in this section, a complaint filed with

30-33  the board, all documents and other information filed with the complaint

30-34  and all documents and other information compiled as a result of an

30-35  investigation conducted to determine whether to initiate disciplinary

30-36  action are and remain confidential.

30-37  2.  The complaint or other document filed by the board to initiate

30-38  disciplinary action and all documents and information considered by the

30-39  board when determining whether to impose discipline are public records.

30-40  Sec. 60.  NRS 642.135 is hereby amended to read as follows:

30-41  642.135  1.  If the board determines that a person who is licensed to

30-42  practice the profession of embalming pursuant to this chapter has

30-43  committed any of the acts set forth in NRS 642.130, the board may:

30-44  [1.] (a) Refuse to renew his license;

30-45  [2.] (b) Revoke his license;

30-46  [3.] (c) Suspend his license for a definite period or until further order of

30-47  the board;

30-48  [4.] (d) Impose a fine of not more than $5,000 for each act which

30-49  constitutes a ground for disciplinary action;

31-1  [5.] (e) Place him on probation for a definite period subject to any

31-2  reasonable conditions imposed by the board;

31-3  [6.] (f) Administer a public [or private reprimand;

31-4  7.  Require him to pay the costs incurred by the board in taking

31-5  disciplinary action against him; or

31-6  8.] reprimand; or

31-7  (g) Impose any combination of disciplinary actions set forth in this

31-8  section.

31-9  2.  The board shall not administer a private reprimand.

31-10  3.   An order that imposes discipline and the findings of fact and

31-11  conclusions of law supporting that order are public records.

31-12  Sec. 61.  NRS 642.473 is hereby amended to read as follows:

31-13  642.473  1.  If the board determines that a person who holds a funeral

31-14  director’s license, a permit to operate a funeral establishment or a license to

31-15  conduct direct cremations or immediate burials has committed any of the

31-16  acts set forth in NRS 642.470, the board may:

31-17  (a) Refuse to renew his license or permit;

31-18  (b) Revoke his license or permit;

31-19  (c) Suspend his license or permit for a definite period or until further

31-20  order of the board;

31-21  (d) Impose a fine of not more than $5,000 for each act that constitutes a

31-22  ground for disciplinary action;

31-23  (e) Place him on probation for a definite period subject to any

31-24  reasonable conditions imposed by the board;

31-25  (f) Administer a public [or private] reprimand; or

31-26  (g) [Require him to pay the costs incurred by the board in taking

31-27  disciplinary action against him; or

31-28  (h)] Impose any combination of disciplinary actions set forth in

31-29  paragraphs (a) to [(g),] (f), inclusive.

31-30  2.  Before the board may refuse to renew, or suspend or revoke a

31-31  license or permit for any of the acts set forth in NRS 642.470, the board

31-32  shall give at least 10 days’ notice in writing to the licensee or holder of the

31-33  permit. The notice must contain a brief statement of the reasons for the

31-34  proposed action of the board and designate a time and place for a hearing

31-35  before any final action is taken.

31-36  3.  The board shall not administer a private reprimand.

31-37  4.  An order that imposes discipline and the findings of fact and

31-38  conclusions of law supporting that order are public records.

31-39  Sec. 62.  Chapter 643 of NRS is hereby amended by adding thereto a

31-40  new section to read as follows:

31-41  1.  Except as otherwise provided in this section, a complaint filed with

31-42  the board, all documents and other information filed with the complaint

31-43  and all documents and other information compiled as a result of an

31-44  investigation conducted to determine whether to initiate disciplinary

31-45  action are and remain confidential.

31-46  2.  The complaint or other document filed by the board to initiate

31-47  disciplinary action and all documents and information considered by the

31-48  board when determining whether to impose discipline are public records.

 

32-1  Sec. 63.  NRS 643.185 is hereby amended to read as follows:

32-2  643.185  1.  The following are grounds for disciplinary action by the

32-3  board:

32-4  (a) Violation by any person licensed pursuant to the provisions of this

32-5  chapter of any provision of this chapter or the regulations adopted by the

32-6  board.

32-7  (b) Conviction of a felony.

32-8  (c) Malpractice or incompetency.

32-9  (d) Continued practice by a person knowingly having an infectious or

32-10  contagious disease.

32-11  (e) Advertising, practicing or attempting to practice under another’s

32-12  name or trade name.

32-13  (f) Drunkenness or addiction to a controlled substance.

32-14  2.  If the board determines that a violation of this section has occurred,

32-15  it may:

32-16  (a) Refuse to issue or renew a license;

32-17  (b) Revoke or suspend a license; and

32-18  (c) Impose a fine of not more than $1,000 . [; and

32-19  (d) Require the person to pay all costs incurred by the board relating to

32-20  the discipline of the person.]

32-21  3.  An order that imposes discipline and the findings of fact and

32-22  conclusions of law supporting that order are public records.

32-23  Sec. 64.  Chapter 644 of NRS is hereby amended by adding thereto a

32-24  new section to read as follows:

32-25  1.  Except as otherwise provided in this section, a complaint filed with

32-26  the board, all documents and other information filed with the complaint

32-27  and all documents and other information compiled as a result of an

32-28  investigation conducted to determine whether to initiate disciplinary

32-29  action are and remain confidential.

32-30  2.  The complaint or other document filed by the board to initiate

32-31  disciplinary action and all documents and information considered by the

32-32  board when determining whether to impose discipline are public records.

32-33  Sec. 65.  NRS 644.080 is hereby amended to read as follows:

32-34  644.080  The board:

32-35  1.  Shall prescribe the duties of its officers, examiners and employees,

32-36  and fix the compensation of those employees.

32-37  2.  May establish offices in as many localities in the state as it finds

32-38  necessary to carry out the provisions of this chapter. All records and files

32-39  of the board must be kept at the main office of the board and  , except as

32-40  otherwise provided in section 64 of this act, be open to public inspection at

32-41  all reasonable hours.

32-42  3.  May adopt a seal.

32-43  4.  May issue subpoenas to compel the attendance of witnesses and the

32-44  production of books and papers.

32-45  Sec. 66.  NRS 644.430 is hereby amended to read as follows:

32-46  644.430  1.  The following are grounds for disciplinary action by the

32-47  board:

32-48  (a) Failure of an owner of a cosmetological establishment, a licensed

32-49  aesthetician, cosmetologist, hair designer, electrologist, instructor,

33-1  manicurist or school of cosmetology, or a cosmetologist’s apprentice to

33-2  comply with the requirements of this chapter or the applicable regulations

33-3  adopted by the board.

33-4  (b) Obtaining practice in cosmetology or any branch thereof, for money

33-5  or any thing of value, by fraudulent misrepresentation.

33-6  (c) Gross malpractice.

33-7  (d) Continued practice by a person knowingly having an infectious or

33-8  contagious disease.

33-9  (e) Drunkenness or the use or possession, or both, of a controlled

33-10  substance or dangerous drug without a prescription, while engaged in the

33-11  practice of cosmetology.

33-12  (f) Advertisement by means of knowingly false or deceptive statements.

33-13  (g) Permitting a license to be used where the holder thereof is not

33-14  personally, actively and continuously engaged in business.

33-15  (h) Failure to display the license as provided in NRS 644.290, 644.360

33-16  and 644.410.

33-17  (i) Entering, by a school of cosmetology, into an unconscionable

33-18  contract with a student of cosmetology.

33-19  (j) Continued practice of cosmetology or operation of a cosmetological

33-20  establishment or school of cosmetology after the license therefor has

33-21  expired.

33-22  (k) Any other unfair or unjust practice, method or dealing which, in the

33-23  judgment of the board, may justify such action.

33-24  2.  If the board determines that a violation of this section has occurred,

33-25  it may:

33-26  (a) Refuse to issue or renew a license;

33-27  (b) Revoke or suspend a license;

33-28  (c) Place the licensee on probation for a specified period; or

33-29  (d) Impose a fine not to exceed $1,000.

33-30  3.  An order that imposes discipline and the findings of fact and

33-31  conclusions of law supporting that order are public records.

33-32  Sec. 67.  Chapter 645 of NRS is hereby amended by adding thereto a

33-33  new section to read as follows:

33-34  1.  Except as otherwise provided in this section, a complaint filed with

33-35  the division alleging a violation of this chapter, all documents and other

33-36  information filed with the complaint and all documents and other

33-37  information compiled as a result of an investigation conducted to

33-38  determine whether to initiate disciplinary action are and remain

33-39  confidential.

33-40  2.  The complaint or other document filed by the commission to

33-41  initiate disciplinary action and all documents and information

33-42  considered by the commission when determining whether to impose

33-43  discipline are public records.

33-44  Sec. 68.  NRS 645.180 is hereby amended to read as follows:

33-45  645.180  1.  The division shall adopt a seal by which it shall

33-46  authenticate its proceedings.

33-47  2.  [Records] Except as otherwise provided in section 67 of this act,

33-48  records kept in the office of the division under authority of this chapter are

33-49  open to public inspection under regulations adopted by the real estate

34-1  division, except that the division may refuse to make public, unless ordered

34-2  to do so by a court:

34-3  (a) Real estate brokers’ and real estate salesmen’s examinations; and

34-4  (b) [Files compiled by the division while investigating possible

34-5  violations of this chapter or chapter 119 of NRS; and

34-6  (c)] The criminal and financial records of licensees, applicants for

34-7  licenses and owner-developers.

34-8  3.  Copies of all records and papers in the office of the division,

34-9  certified and authenticated by the seal of the division, must be received in

34-10  evidence in all courts equally and with like effect as the originals.

34-11  Sec. 69.  NRS 645.630 is hereby amended to read as follows:

34-12  645.630  1.  The commission may require a licensee or owner-

34-13  developer to pay an administrative fine of not more than $5,000 for each

34-14  violation he commits or suspend, revoke or place conditions upon his

34-15  license or registration, or do both, at any time if the licensee or owner-

34-16  developer has, by false or fraudulent representation, obtained a license or

34-17  registration, or the licensee or owner-developer, whether or not acting as

34-18  such, is found guilty of:

34-19  [1.] (a) Making any material misrepresentation.

34-20  [2.] (b) Making any false promises of a character likely to influence,

34-21  persuade or induce.

34-22  [3.] (c) Accepting a commission or valuable consideration as a real

34-23  estate broker-salesman or salesman for the performance of any of the acts

34-24  specified in this chapter or chapter 119 or 119A of NRS from any person

34-25  except the licensed real estate broker with whom he is associated or the

34-26  owner-developer by whom he is employed.

34-27  [4.] (d) Representing or attempting to represent a real estate broker

34-28  other than the broker with whom he is associated, without the express

34-29  knowledge and consent of the broker with whom he is associated.

34-30  [5.] (e) Failing to maintain, for review and audit by the division, each

34-31  brokerage agreement governed by the provisions of this chapter and

34-32  entered into by the licensee.

34-33  [6.] (f) Failing, within a reasonable time, to account for or to remit any

34-34  money which comes into his possession and which belongs to others.

34-35  [7.] (g) If he is required to maintain a trust account:

34-36  [(a)] (1) Failing to balance the trust account at least monthly; and

34-37  [(b)] (2) Failing to submit to the division an annual accounting of the

34-38  trust account as required in NRS 645.310.

34-39  [8.] (h) Commingling the money or other property of his clients with

34-40  his own or converting the money of others to his own use.

34-41  [9.] (i) In the case of a broker-salesman or salesman, failing to place in

34-42  the custody of his licensed broker or owner-developer, as soon as possible,

34-43  any deposit or other money or consideration entrusted to him by any person

34-44  dealing with him as the representative of his licensed broker.

34-45  [10.] (j) Accepting other than cash as earnest money unless that fact is

34-46  communicated to the owner before his acceptance of the offer to purchase

34-47  and that fact is shown in the receipt for the earnest money.

34-48  [11.] (k) Upon acceptance of an agreement, in the case of a broker,

34-49  failing to deposit any check or cash received as earnest money before the

35-1  end of the next banking day unless otherwise provided in the purchase

35-2  agreement.

35-3  [12.] (l) Inducing any party to a brokerage agreement, sale or lease to

35-4  break it in order to substitute a new brokerage agreement, agreement of

35-5  sale or lease with the same or another party if the inducement to make the

35-6  substitution is offered to secure personal gain to the licensee or owner-

35-7  developer.

35-8  [If discipline is imposed pursuant to this section, the costs of the

35-9  proceeding, including investigative costs and attorney’s fees, may be

35-10  recovered by the board.]

35-11  2.  An order that imposes discipline and the findings of fact and

35-12  conclusions of law supporting that order are public records.

35-13  Sec. 70.  NRS 645.990 is hereby amended to read as follows:

35-14  645.990  1.  A person who:

35-15  (a) Obtains or attempts to obtain a license pursuant to this chapter by

35-16  means of intentional misrepresentation, deceit or fraud; or

35-17  (b) Sells or attempts to sell in this state any interest in real property by

35-18  means of intentional misrepresentation, deceit or fraud,

35-19  is guilty of a category D felony and shall be punished as provided in NRS

35-20  193.130. In addition to any other penalty, the court shall order the person to

35-21  pay restitution.

35-22  2.  Any licensee or owner-developer who commits an act described in

35-23  NRS 645.630, 645.633 or 645.635 shall be punished by a fine of not more

35-24  than $5,000 for each offense.

35-25  3.  A person who violates any other provision of this chapter, if a

35-26  natural person, is guilty of a gross misdemeanor, and if a limited-liability

35-27  company, partnership, association or corporation, shall be punished by a

35-28  fine of not more than $2,500.

35-29  4.  Any officer or agent of a corporation, or member or agent of a

35-30  limited-liability company, partnership or association, who personally

35-31  participates in or is an accessory to any violation of this chapter by the

35-32  limited-liability company, partnership, association or corporation, is

35-33  subject to the penalties prescribed in this section for natural persons.

35-34  5.  Nothing in this section releases a person from civil liability or

35-35  criminal prosecution pursuant to the general laws of this state.

35-36  6.  The administrator may prefer a complaint for violation of NRS

35-37  645.230 before any court of competent jurisdiction and may take the

35-38  necessary legal steps through the proper legal officers of this state to

35-39  enforce the provisions thereof.

35-40  7.  Any court of competent jurisdiction may try any violation of this

35-41  chapter, and upon conviction the court may revoke or suspend the license

35-42  of the person so convicted, in addition to imposing the other penalties

35-43  provided in this section.

35-44  [8.  If discipline is imposed pursuant to this section, the costs of the

35-45  proceeding, including investigative costs and attorney’s fees, may be

35-46  recovered by the administrator.]

 

 

36-1  Sec. 71.  Chapter 645A of NRS is hereby amended by adding thereto a

36-2  new section to read as follows:

36-3  1.  Except as otherwise provided in this section, a complaint filed with

36-4  the commissioner, all documents and other information filed with the

36-5  complaint and all documents and other information compiled as a result

36-6  of the investigation conducted to determine whether to initiate

36-7  disciplinary action are and remain confidential.

36-8  2.  The complaint or other document filed by the commissioner to

36-9  initiate disciplinary action and all documents and information

36-10  considered by the commissioner when determining whether to impose

36-11  discipline are public records.

36-12  Sec. 72.  NRS 645A.050 is hereby amended to read as follows:

36-13  645A.050  1.  Subject to the administrative control of the director of

36-14  the department of business and industry, the commissioner shall exercise

36-15  general supervision and control over escrow agents and agencies doing

36-16  business in the State of Nevada.

36-17  2.  In addition to the other duties imposed upon him by law, the

36-18  commissioner shall:

36-19  (a) Adopt such regulations as may be necessary for making this chapter

36-20  effective.

36-21  (b) Conduct or cause to be conducted each year an examination of each

36-22  escrow agency licensed pursuant to this chapter.

36-23  (c) Conduct such investigations as may be necessary to determine

36-24  whether any person has violated any provision of this chapter.

36-25  (d) Conduct such examinations, investigations and hearings, in addition

36-26  to those specifically provided for by law, as may be necessary and proper

36-27  for the efficient administration of the laws of this state relating to escrow.

36-28  (e) Classify as confidential the financial statements of an escrow agency

36-29  and those records and information obtained by the division which:

36-30     (1) Are obtained from a governmental agency upon the express

36-31  condition that they remain confidential.

36-32     (2) [Consist] Except as otherwise provided in section 71 of this act,

36-33  consist of information compiled by the division in the investigation of

36-34  possible violations of this chapter.

36-35  This paragraph does not limit examination by the legislative auditor or any

36-36  other person pursuant to a court order.

36-37  3.  An escrow agency may engage a certified public accountant to

36-38  perform such an examination in lieu of the division. In such a case, the

36-39  examination must be equivalent to the type of examination made by the

36-40  division and the expense must be borne by the escrow agency being

36-41  examined.

36-42  4.  The commissioner shall determine whether an examination

36-43  performed by an accountant pursuant to subsection 3 is equivalent to an

36-44  examination conducted by the division. The commissioner may examine

36-45  any area of the operation of an escrow agency if the commissioner

36-46  determines that the examination of that area is not equivalent to an

36-47  examination conducted by the division.

 

 

37-1  Sec. 73.  NRS 645A.090 is hereby amended to read as follows:

37-2  645A.090  1.  The commissioner may refuse to license any escrow

37-3  agent or agency or may suspend or revoke any license or impose a fine of

37-4  not more than $500 for each violation by entering an order to that effect,

37-5  with his findings in respect thereto, if upon a hearing, it is determined that

37-6  the applicant or licensee:

37-7  (a) In the case of an escrow agency, is insolvent;

37-8  (b) Has violated any provision of this chapter or any regulation adopted

37-9  pursuant thereto or has aided and abetted another to do so;

37-10  (c) In the case of an escrow agency, is in such a financial condition that

37-11  he cannot continue in business with safety to his customers;

37-12  (d) Has committed fraud in connection with any transaction governed

37-13  by this chapter;

37-14  (e) Has intentionally or knowingly made any misrepresentation or false

37-15  statement to, or concealed any essential or material fact from, any principal

37-16  or designated agent of a principal in the course of the escrow business;

37-17  (f) Has intentionally or knowingly made or caused to be made to the

37-18  commissioner any false representation of a material fact or has suppressed

37-19  or withheld from the commissioner any information which the applicant or

37-20  licensee possesses;

37-21  (g) Has failed without reasonable cause to furnish to the parties of an

37-22  escrow their respective statements of the settlement within a reasonable

37-23  time after the close of escrow;

37-24  (h) Has failed without reasonable cause to deliver, within a reasonable

37-25  time after the close of escrow, to the respective parties of an escrow

37-26  transaction any money, documents or other properties held in escrow in

37-27  violation of the provisions of the escrow instructions;

37-28  (i) Has refused to permit an examination by the commissioner of his

37-29  books and affairs or has refused or failed, within a reasonable time, to

37-30  furnish any information or make any report that may be required by the

37-31  commissioner pursuant to the provisions of this chapter;

37-32  (j) Has been convicted of a felony or any misdemeanor of which an

37-33  essential element is fraud;

37-34  (k) In the case of an escrow agency, has failed to maintain complete and

37-35  accurate records of all transactions within the last 6 years;

37-36  (l) Has commingled the money of others with his own or converted the

37-37  money of others to his own use;

37-38  (m) Has failed, before the close of escrow, to obtain written escrow

37-39  instructions concerning any essential or material fact or intentionally failed

37-40  to follow the written instructions which have been agreed upon by the

37-41  parties and accepted by the holder of the escrow;

37-42  (n) Has failed to disclose in writing that he is acting in the dual capacity

37-43  of escrow agent or agency and undisclosed principal in any transaction; or

37-44  (o) In the case of an escrow agency, has:

37-45     (1) Failed to maintain adequate supervision of an escrow agent; or

37-46     (2) Instructed an escrow agent to commit an act which would be

37-47  cause for the revocation of the escrow agent’s license and the escrow agent

37-48  committed the act. An escrow agent is not subject to disciplinary action for

37-49  committing such an act under instruction by the escrow agency.

38-1  2.  It is sufficient cause for the imposition of a fine or the refusal,

38-2  suspension or revocation of the license of a partnership, corporation or any

38-3  other association that any member of the partnership or any officer or

38-4  director of the corporation or association has been guilty of any act or

38-5  omission which would be cause for such action had the applicant or

38-6  licensee been a natural person.

38-7  3.  The commissioner may suspend any license for not more than 30

38-8  days, pending a hearing, if upon examination into the affairs of the licensee

38-9  it is determined that any of the grounds enumerated in subsection 1 or 2

38-10  exist.

38-11  4.  The commissioner may refuse to issue a license to any person who,

38-12  within 10 years before the date of applying for a current license, has had

38-13  suspended or revoked a license issued pursuant to this chapter or a

38-14  comparable license issued by any other state, district or territory of the

38-15  United States or any foreign country.

38-16  5.  An order that imposes discipline and the findings of fact and

38-17  conclusions of law supporting that order are public records.

38-18  Sec. 74.  Chapter 645B of NRS is hereby amended by adding thereto a

38-19  new section to read as follows:

38-20  1.  Except as otherwise provided in this section, a complaint filed with

38-21  the commissioner, all documents and other information filed with the

38-22  complaint and all documents and other information compiled as a result

38-23  of an investigation conducted to determine whether to initiate

38-24  disciplinary action are and remain confidential.

38-25  2.  The complaint or other document filed by the commissioner to

38-26  initiate disciplinary action and all documents and information

38-27  considered by the commissioner when determining whether to impose

38-28  discipline are public records.

38-29  3.  An order that imposes discipline and the findings of fact and

38-30  conclusions of law supporting that order are public records.

38-31  Sec. 75.  NRS 645B.070 is hereby amended to read as follows:

38-32  645B.070  1.  In the conduct of any examination, periodic or special

38-33  audit, investigation or hearing, the commissioner may:

38-34  (a) Compel the attendance of any person by subpoena.

38-35  (b) Administer oaths.

38-36  (c) Examine any person under oath concerning the business and conduct

38-37  of affairs of any person subject to the provisions of this chapter and in

38-38  connection therewith require the production of any books, records or

38-39  papers relevant to the inquiry.

38-40  2.  Any person subpoenaed under the provisions of this section who

38-41  willfully refuses or willfully neglects to appear at the time and place named

38-42  in the subpoena or to produce books, records or papers required by the

38-43  commissioner, or who refuses to be sworn or answer as a witness, is guilty

38-44  of a misdemeanor and shall be punished as provided in NRS 645B.950.

38-45  3.  [The] In addition to the authority to recover attorney’s fees and

38-46  costs pursuant to section 3 of this act, the commissioner may assess

38-47  against and collect from a person all costs, including, without limitation,

38-48  reasonable attorney’s fees, that are attributable to any examination,

38-49  periodic or special audit, investigation or hearing that is conducted to

39-1  examine or investigate the conduct, activities or business of the person

39-2  pursuant to this chapter.

39-3  Sec. 76.  NRS 645B.090 is hereby amended to read as follows:

39-4  645B.090  1.  Except as otherwise provided in this section or by

39-5  specific statute, all papers, documents, reports and other written

39-6  instruments filed with the commissioner pursuant to this chapter are open

39-7  to public inspection.

39-8  2.  Except as otherwise provided in subsection 3, the commissioner

39-9  may withhold from public inspection or refuse to disclose to a person, for

39-10  such time as the commissioner considers necessary, any information that,

39-11  in his judgment, would:

39-12  (a) Impede or otherwise interfere with an investigation that is currently

39-13  pending against a mortgage broker;

39-14  (b) Have an undesirable effect on the welfare of the public or the

39-15  welfare of any mortgage broker or mortgage agent; or

39-16  (c) Give any mortgage broker a competitive advantage over any other

39-17  mortgage broker.

39-18  3.  [The] Except as otherwise provided in section 74 of this act, the

39-19  commissioner shall disclose the following information concerning a

39-20  mortgage broker to any person who requests it:

39-21  (a) The findings and results of any investigation which has been

39-22  completed during the immediately preceding 5 years against the mortgage

39-23  broker pursuant to the provisions of this chapter and which has resulted in

39-24  a finding by the commissioner that the mortgage broker committed a

39-25  violation of a provision of this chapter, a regulation adopted pursuant to

39-26  this chapter or an order of the commissioner; and

39-27  (b) The nature of any disciplinary action that has been taken during the

39-28  immediately preceding 5 years against the mortgage broker pursuant to the

39-29  provisions of this chapter.

39-30  Sec. 77.  NRS 645B.610 is hereby amended to read as follows:

39-31  645B.610  1.  If a person properly files a complaint with the

39-32  commissioner pursuant to NRS 645B.600, the commissioner shall

39-33  investigate each violation alleged in the complaint, unless the

39-34  commissioner has previously investigated the alleged violation.

39-35  2.  Except as otherwise provided in subsection 2 of NRS 645B.090, if

39-36  the commissioner does not conduct an investigation of an alleged violation

39-37  pursuant to subsection 1 because he previously has investigated the alleged

39-38  violation, the commissioner shall provide to the person who filed the

39-39  complaint a written summary of the previous investigation and the nature

39-40  of any disciplinary action that was taken as a result of the previous

39-41  investigation.

39-42  3.  If the commissioner conducts an investigation of an alleged

39-43  violation pursuant to subsection 1, the commissioner shall determine from

39-44  the investigation whether there is reasonable cause to believe that the

39-45  person committed the alleged violation.

39-46  4.  If, upon investigation, the commissioner determines that there is not

39-47  reasonable cause to believe that the person committed the alleged violation,

39-48  the commissioner shall provide the reason for his determination, in writing,

40-1  to the person who filed the complaint and to the person alleged to have

40-2  committed the violation.

40-3  5.  Except as otherwise provided in subsection 6, if, upon investigation,

40-4  the commissioner determines that there is reasonable cause to believe that

40-5  the person committed the alleged violation, the commissioner shall:

40-6  (a) Schedule a hearing concerning the alleged violation;

40-7  (b) Mail to the last known address of the person who filed the complaint

40-8  written notice that must include, without limitation:

40-9      (1) The date, time and place of the hearing; and

40-10     (2) A statement of each alleged violation that will be considered at

40-11  the hearing; and

40-12  (c) By personal service in accordance with the Nevada Rules of Civil

40-13  Procedure and any applicable provision of NRS, serve written notice of the

40-14  hearing to the person alleged to have committed the violation. The written

40-15  notice that is served pursuant to this paragraph must include, without

40-16  limitation:

40-17     (1) The date, time and place of the hearing;

40-18     (2) A copy of the complaint and a statement of each alleged violation

40-19  that will be considered at the hearing; and

40-20     (3) A statement informing the person that, pursuant to NRS

40-21  645B.760, if he fails to appear, without reasonable cause, at the hearing:

40-22        (I) He is guilty of a misdemeanor; and

40-23        (II) The commissioner is authorized to conduct the hearing in his

40-24  absence, draw any conclusions that the commissioner deems appropriate

40-25  from his failure to appear and render a decision concerning each alleged

40-26  violation.

40-27  6.  [The commissioner is not required to schedule or conduct a hearing

40-28  concerning an alleged violation pursuant to subsection 5 if the

40-29  commissioner and the person alleged to have committed the violation

40-30  enter] If the commissioner enters into a written consent agreement settling

40-31  or resolving the alleged violation , [. If such a written consent agreement is

40-32  executed,] the commissioner shall provide a copy of the written consent

40-33  agreement to the person who filed the complaint.

40-34  7.  The commissioner may:

40-35  (a) Investigate and conduct a hearing concerning any alleged violation,

40-36  whether or not a complaint has been filed.

40-37  (b) Hear and consider more than one alleged violation against a person

40-38  at the same hearing.

40-39  Sec. 78.  Chapter 645C of NRS is hereby amended by adding thereto a

40-40  new section to read as follows:

40-41  1.  Except as otherwise provided in this section, a complaint filed with

40-42  the commission, all documents and other information filed with the

40-43  complaint and all documents and other information compiled as a result

40-44  of an investigation conducted to determine whether to initiate

40-45  disciplinary action are and remain confidential.

40-46  2.  The complaint or other document filed by the commission to

40-47  initiate disciplinary action and all documents and information

40-48  considered by the commission when determining whether to impose

40-49  discipline are public records.

41-1  Sec. 79.  NRS 645C.220 is hereby amended to read as follows:

41-2  645C.220  1.  The division shall maintain a record of:

41-3  (a) Persons whose applications for a certificate, license or registration

41-4  card have been denied;

41-5  (b) Investigations conducted by it which result in the initiation of formal

41-6  disciplinary proceedings;

41-7  (c) Formal disciplinary proceedings; and

41-8  (d) Rulings or decisions upon complaints filed with it.

41-9  2.  Except as otherwise provided in this section[,] and section 78 of

41-10  this act, records kept in the office of the division pursuant to this chapter

41-11  are open to the public for inspection pursuant to regulations adopted by the

41-12  commission. The division may keep confidential, unless otherwise ordered

41-13  by a court:

41-14  (a) Examinations for a certificate or license; and

41-15  (b) [Information obtained by the division while investigating alleged

41-16  violations of this chapter; and

41-17  (c)] The criminal and financial records of an appraiser or intern, or an

41-18  applicant for a certificate, license or registration card.

41-19  Sec. 80.  NRS 645C.460 is hereby amended to read as follows:

41-20  645C.460  1.  Grounds for disciplinary action against a certified or

41-21  licensed appraiser or registered intern include:

41-22  (a) Unprofessional conduct;

41-23  (b) Professional incompetence;

41-24  (c) A criminal conviction for a felony or any offense involving moral

41-25  turpitude; and

41-26  (d) The suspension or revocation of a registration card, certificate,

41-27  license or permit to act as an appraiser in any other jurisdiction.

41-28  2.  If grounds for disciplinary action against an appraiser or intern exist,

41-29  the commission may do one or more of the following:

41-30  (a) Revoke or suspend his certificate, license or registration card.

41-31  (b) Place conditions upon his certificate, license or registration card, or

41-32  upon the reissuance of a certificate, license or registration card revoked

41-33  pursuant to this section.

41-34  (c) Impose a fine of not more than $1,000 for each violation.

41-35  3.  If a certificate, license or registration card is revoked by the

41-36  commission, another certificate, license or registration card must not be

41-37  issued to the same appraiser or intern for at least one year after the date of

41-38  the revocation, or at any time thereafter except in the sole discretion of the

41-39  administrator, and then only if the appraiser or intern satisfies all the

41-40  requirements for an original certificate, license or registration card.

41-41  4.  [If discipline is imposed pursuant to this section, the costs of the

41-42  proceeding, including investigative costs and attorney’s fees, may be

41-43  recovered by the commission.] An order that imposes discipline and the

41-44  findings of fact and conclusions of law supporting that order are public

41-45  records.

41-46  Sec. 81.  Chapter 645D of NRS is hereby amended by adding thereto a

41-47  new section to read as follows:

41-48  1.  Except as otherwise provided in this section, a complaint filed with

41-49  the division, all documents and other information filed with the

42-1  complaint and all documents and other information compiled as a result

42-2  of an investigation conducted to determine whether to initiate

42-3  disciplinary action are and remain confidential.

42-4  2.  The complaint or other document filed by the division to initiate

42-5  disciplinary action and all documents and information considered by the

42-6  division when determining whether to impose discipline are public

42-7  records.

42-8  Sec. 82.  NRS 645D.130 is hereby amended to read as follows:

42-9  645D.130  1.  The division shall maintain a record of:

42-10  (a) Persons from whom it receives applications for a certificate;

42-11  (b) Investigations conducted by it that result in the initiation of formal

42-12  disciplinary proceedings;

42-13  (c) Formal disciplinary proceedings; and

42-14  (d) Rulings or decisions upon complaints filed with it.

42-15  2.  Except as otherwise provided in this section[,] and section 81 of

42-16  this act, records kept in the office of the division pursuant to this chapter

42-17  are open to the public for inspection pursuant to regulations adopted by the

42-18  division. The division shall keep confidential, unless otherwise ordered by

42-19  a court[:

42-20  (a) Information obtained by the division while investigating alleged

42-21  violations of this chapter; and

42-22  (b) The] the criminal and financial records of an inspector or of an

42-23  applicant for a certificate.

42-24  Sec. 83.  NRS 645D.700 is hereby amended to read as follows:

42-25  645D.700  1.  Grounds for disciplinary action against a certified

42-26  inspector are:

42-27  (a) Unprofessional conduct;

42-28  (b) Professional incompetence; and

42-29  (c) A criminal conviction for a felony or any offense involving moral

42-30  turpitude.

42-31  2.  If grounds for disciplinary action against a certified inspector exist,

42-32  the division may, after providing the inspector with notice and an

42-33  opportunity for a hearing, do one or more of the following:

42-34  (a) Revoke or suspend his certificate.

42-35  (b) Place conditions upon his certificate or upon the reissuance of a

42-36  certificate revoked pursuant to this section.

42-37  (c) Impose a fine of not more than $1,000 for each violation.

42-38  3.  If a certificate is revoked by the division, another certificate must

42-39  not be issued to the same inspector for at least 1 year after the date of the

42-40  revocation, or at any time thereafter except in the sole discretion of the

42-41  administrator, and then only if the inspector satisfies the requirements for

42-42  an original certificate.

42-43  4.  An order that imposes discipline and the findings of fact and

42-44  conclusions of law supporting that order are public records.

42-45  Sec. 84.  Chapter 645E of NRS is hereby amended by adding thereto a

42-46  new section to read as follows:

42-47  1.  Except as otherwise provided in this section, a complaint filed with

42-48  the commissioner, all documents and other information filed with the

42-49  complaint and all documents and other information compiled as a result

43-1  of an investigation conducted to determine whether to initiate

43-2  disciplinary action are and remain confidential.

43-3  2.  The complaint or other document filed by the commissioner to

43-4  initiate disciplinary action and all documents and information

43-5  considered by the commissioner when determining whether to impose

43-6  discipline are public records.

43-7  Sec. 85.  NRS 645E.310 is hereby amended to read as follows:

43-8  645E.310  1.  In the conduct of any examination, periodic or special

43-9  audit, investigation or hearing, the commissioner may:

43-10  (a) Compel the attendance of any person by subpoena.

43-11  (b) Administer oaths.

43-12  (c) Examine any person under oath concerning the business and conduct

43-13  of affairs of any person subject to the provisions of this chapter and in

43-14  connection therewith require the production of any books, records or

43-15  papers relevant to the inquiry.

43-16  2.  Any person subpoenaed under the provisions of this section who

43-17  willfully refuses or willfully neglects to appear at the time and place named

43-18  in the subpoena or to produce books, records or papers required by the

43-19  commissioner, or who refuses to be sworn or answer as a witness, is guilty

43-20  of a misdemeanor.

43-21  3.  [The] In addition to the authority to recover attorney’s fees and

43-22  costs pursuant to section 3 of this act, the commissioner may assess

43-23  against and collect from a person all costs, including, without limitation,

43-24  reasonable attorney’s fees, that are attributable to any examination,

43-25  periodic or special audit, investigation or hearing that is conducted to

43-26  examine or investigate the conduct, activities or business of the person

43-27  pursuant to this chapter.

43-28  Sec. 86.  NRS 645E.670 is hereby amended to read as follows:

43-29  645E.670  1.  For each violation committed by an applicant, whether

43-30  or not he is issued a license, the commissioner may impose upon the

43-31  applicant an administrative fine of not more than $10,000, if the applicant:

43-32  (a) Has knowingly made or caused to be made to the commissioner any

43-33  false representation of material fact;

43-34  (b) Has suppressed or withheld from the commissioner any information

43-35  which the applicant possesses and which, if submitted by him, would have

43-36  rendered the applicant ineligible to be licensed pursuant to the provisions

43-37  of this chapter; or

43-38  (c) Has violated any provision of this chapter, a regulation adopted

43-39  pursuant to this chapter or an order of the commissioner in completing and

43-40  filing his application for a license or during the course of the investigation

43-41  of his application for a license.

43-42  2.  For each violation committed by a licensee, the commissioner may

43-43  impose upon the licensee an administrative fine of not more than $10,000,

43-44  may suspend, revoke or place conditions upon his license, or may do both,

43-45  if the licensee, whether or not acting as such:

43-46  (a) Is insolvent;

43-47  (b) Is grossly negligent or incompetent in performing any act for which

43-48  he is required to be licensed pursuant to the provisions of this chapter;

44-1  (c) Does not conduct his business in accordance with law or has

44-2  violated any provision of this chapter, a regulation adopted pursuant to this

44-3  chapter or an order of the commissioner;

44-4  (d) Is in such financial condition that he cannot continue in business

44-5  with safety to his customers;

44-6  (e) Has made a material misrepresentation in connection with any

44-7  transaction governed by this chapter;

44-8  (f) Has suppressed or withheld from a client any material facts, data or

44-9  other information relating to any transaction governed by the provisions of

44-10  this chapter which the licensee knew or, by the exercise of reasonable

44-11  diligence, should have known;

44-12  (g) Has knowingly made or caused to be made to the commissioner any

44-13  false representation of material fact or has suppressed or withheld from the

44-14  commissioner any information which the licensee possesses and which, if

44-15  submitted by him, would have rendered the licensee ineligible to be

44-16  licensed pursuant to the provisions of this chapter;

44-17  (h) Has failed to account to persons interested for all money received

44-18  for a trust account;

44-19  (i) Has refused to permit an examination by the commissioner of his

44-20  books and affairs or has refused or failed, within a reasonable time, to

44-21  furnish any information or make any report that may be required by the

44-22  commissioner pursuant to the provisions of this chapter or a regulation

44-23  adopted pursuant to this chapter;

44-24  (j) Has been convicted of, or entered a plea of nolo contendere to, a

44-25  felony or any crime involving fraud, misrepresentation or moral turpitude;

44-26  (k) Has refused or failed to pay, within a reasonable time, any fees,

44-27  assessments, costs or expenses that the licensee is required to pay pursuant

44-28  to this chapter or a regulation adopted pursuant to this chapter;

44-29  (l) Has failed to satisfy a claim made by a client which has been reduced

44-30  to judgment;

44-31  (m) Has failed to account for or to remit any money of a client within a

44-32  reasonable time after a request for an accounting or remittal;

44-33  (n) Has commingled the money or other property of a client with his

44-34  own or has converted the money or property of others to his own use; or

44-35  (o) Has engaged in any other conduct constituting a deceitful,

44-36  fraudulent or dishonest business practice.

44-37  3.  An order that imposes discipline and the findings of fact and

44-38  conclusions of law supporting that order are public records.

44-39  Sec. 86.5.  NRS 648.034 is hereby amended to read as follows:

44-40  648.034  1.  [Any] Except as otherwise provided in this section, any

44-41  records or information obtained during the course of an investigation of a

44-42  licensee by the board and any record of the investigation are confidential .

44-43  [until the investigation is completed. Upon completion of the investigation

44-44  the information and records are public records, only if:

44-45  (a) Disciplinary action is imposed by the board as a result of the

44-46  investigation; or

44-47  (b) The person regarding whom the investigation was made submits a

44-48  written request to the board asking that the information and records be

44-49  made public records.]

45-1  2.  The complaint or other document filed by the board to initiate

45-2  disciplinary action and all documents and information considered by the

45-3  board when determining whether to impose discipline are public records.

45-4  3.  This section does not prevent or prohibit the board from

45-5  communicating or cooperating with another licensing board or any agency

45-6  that is investigating a licensee, including a law enforcement agency.

45-7  Sec. 87.  NRS 648.175 is hereby amended to read as follows:

45-8  648.175  1.  If, after a hearing, the board finds that cause exists, the

45-9  board may:

45-10  [1.] (a) Revoke the license of the licensee.

45-11  [2.] (b) Suspend the license of the licensee for not more than 1 year for

45-12  each violation.

45-13  [3.] (c) Fine the licensee not more than $5,000 for each violation.

45-14  [4.] (d) Suspend an order authorized by this section upon such terms

45-15  and conditions as the board considers appropriate.

45-16  [5.] (e) Place the licensee on probation for not more than 2 years upon

45-17  such terms and conditions as the board considers appropriate.

45-18  [6.  Publicly or privately]

45-19  (f) Publicly reprimand the licensee.

45-20  [7.] (g) Affirm, modify or vacate the penalty imposed by a notice of

45-21  violation.

45-22  [8.  Require the licensee to pay all costs incurred by the board relating

45-23  to the discipline of the licensee.]

45-24  2.  An order that imposes discipline and the findings of fact and

45-25  conclusions of law supporting that order are public records.

45-26  Sec. 88.  Chapter 649 of NRS is hereby amended by adding thereto a

45-27  new section to read as follows:

45-28  1.  Except as otherwise provided in this section, a complaint filed with

45-29  the commissioner, all documents and other information filed with the

45-30  complaint and all documents and other information compiled as a result

45-31  of an investigation conducted to determine whether to initiate

45-32  disciplinary action are and remain confidential.

45-33  2.  The complaint or other document filed by the commissioner to

45-34  initiate disciplinary action and all documents and information

45-35  considered by the commissioner when determining whether to impose

45-36  discipline are public records.

45-37  Sec. 89.  NRS 649.395 is hereby amended to read as follows:

45-38  649.395  1.  The commissioner may impose an administrative fine,

45-39  not to exceed $500 for each violation, or suspend or revoke the license of a

45-40  collection agency, or both impose a fine and suspend or revoke the license,

45-41  by an order made in writing and filed in his office and served on the

45-42  licensee by registered or certified mail at the address shown in the records

45-43  of the commissioner, if:

45-44  (a) The licensee is adjudged liable in any court of law for breach of any

45-45  bond given under the provisions of this chapter; or

45-46  (b) After notice and hearing, the licensee is found guilty of:

45-47     (1) Fraud or misrepresentation;

45-48     (2) An act or omission inconsistent with the faithful discharge of his

45-49  duties and obligations; or

46-1      (3) A violation of any provision of this chapter.

46-2  2.  The commissioner may suspend or revoke the license of a collection

46-3  agency without notice and hearing if:

46-4  (a) The suspension or revocation is necessary for the immediate

46-5  protection of the public; and

46-6  (b) The licensee is afforded a hearing to contest the suspension or

46-7  revocation within 20 days after the written order of suspension or

46-8  revocation is served upon the licensee.

46-9  3.  Upon revocation of his license, all rights of the licensee under this

46-10  chapter terminate, and no application may be received from any person

46-11  whose license has once been revoked.

46-12  4.  An order that imposes discipline and the findings of fact and

46-13  conclusions of law supporting that order are public records.

46-14  Sec. 90.  Chapter 652 of NRS is hereby amended by adding thereto a

46-15  new section to read as follows:

46-16  1.  Except as otherwise provided in this section, a complaint filed with

46-17  the board, all documents and other information filed with the complaint

46-18  and all documents and other information compiled as a result of an

46-19  investigation conducted to determine whether to initiate disciplinary

46-20  action are and remain confidential.

46-21  2.  The complaint or other document filed by the board to initiate

46-22  disciplinary action and all documents and information considered by the

46-23  board when determining whether to impose discipline are public records.

46-24  3.  An order that imposes discipline and the findings of fact and

46-25  conclusions of law supporting that order are public records.

46-26  Sec. 91.  Chapter 654 of NRS is hereby amended by adding thereto a

46-27  new section to read as follows:

46-28  1.  Except as otherwise provided in this section, a complaint filed with

46-29  the board, all documents and other information filed with the complaint

46-30  and all documents and other information compiled as a result of an

46-31  investigation conducted to determine whether to initiate disciplinary

46-32  action are and remain confidential.

46-33  2.  The complaint or other document filed by the board to initiate

46-34  disciplinary action and all documents and information considered by the

46-35  board when determining whether to impose discipline are public records.

46-36  Sec. 92.  NRS 654.110 is hereby amended to read as follows:

46-37  654.110  1.  The board shall:

46-38  (a) Develop, impose and enforce standards which must be met by

46-39  persons to receive licenses as nursing facility administrators or

46-40  administrators of residential facilities for groups. The standards must be

46-41  designed to ensure that nursing facility administrators or persons acting as

46-42  administrators of residential facilities for groups will be persons who are of

46-43  good character and otherwise suitable, and who, by training or experience

46-44  in their respective fields of administering health care facilities, are

46-45  qualified to serve as nursing facility administrators or administrators of

46-46  residential facilities for groups.

46-47  (b) Develop and apply appropriate techniques, including examinations

46-48  and investigations, for determining whether a person meets those

46-49  standards.

47-1  (c) Issue licenses to persons determined, after the application of

47-2  appropriate techniques, to meet those standards.

47-3  (d) Revoke or suspend licenses previously issued by the board in any

47-4  case if the person holding the license is determined substantially to have

47-5  failed to conform to the requirements of the standards.

47-6  (e) Establish and carry out procedures designed to ensure that persons

47-7  licensed as nursing facility administrators or administrators of residential

47-8  facilities for groups will, during any period they serve as such, comply with

47-9  the requirements of the standards.

47-10  (f) Receive, investigate and take appropriate action with respect to any

47-11  charge or complaint filed with the board to the effect that any person

47-12  licensed as a nursing facility administrator or an administrator of a

47-13  residential facility for groups has failed to comply with the requirements of

47-14  the standards. The board shall initiate an investigation of any charge or

47-15  complaint filed with the board within 30 days after receiving the charge or

47-16  complaint.

47-17  (g) Conduct a continuing study of:

47-18     (1) Facilities for skilled nursing, facilities for intermediate care and

47-19  their administrators; and

47-20     (2) Residential facilities for groups and their administrators,

47-21  with a view to the improvement of the standards imposed for the licensing

47-22  of administrators and of procedures and methods for the enforcement of the

47-23  standards.

47-24  (h) Conduct or approve, or both, a program of training and instruction

47-25  designed to enable all persons to obtain the qualifications necessary to

47-26  meet the standards set by the board for qualification as a nursing facility

47-27  administrator or an administrator of a residential facility for groups.

47-28  2.  All the records kept by the board, not otherwise privileged[,] or

47-29  confidential, are public records.

47-30  Sec. 93.  NRS 654.190 is hereby amended to read as follows:

47-31  654.190  1.  The board may, after notice and hearing, impose an

47-32  administrative fine of not more than $2,500 on and suspend or revoke the

47-33  license of any nursing facility administrator or administrator of a

47-34  residential facility for groups who:

47-35  (a) Is convicted of a felony, or of any offense involving moral turpitude.

47-36  (b) Has obtained his license by the use of fraud or deceit.

47-37  (c) Violates any of the provisions of this chapter.

47-38  (d) Aids or abets any person in the violation of any of the provisions of

47-39  NRS 449.001 to 449.240, inclusive, as those provisions pertain to a facility

47-40  for skilled nursing, facility for intermediate care or residential facility for

47-41  groups.

47-42  (e) Violates any regulation of the board prescribing additional standards

47-43  of conduct for nursing facility administrators or administrators of

47-44  residential facilities for groups.

47-45  2.  The board shall give a licensee against whom proceedings are

47-46  brought pursuant to this section written notice of a hearing not less than 10

47-47  days before the date of the hearing.

47-48  3.  [If discipline is imposed pursuant to this section, the costs of the

47-49  proceeding, including investigative costs and attorney’s fees, may be

48-1  recovered by the board.] An order that imposes discipline and the

48-2  findings of fact and conclusions of law supporting that order are public

48-3  records.

48-4  Sec. 94.  Chapter 656 of NRS is hereby amended by adding thereto a

48-5  new section to read as follows:

48-6  1.  Except as otherwise provided in this section, a complaint filed with

48-7  the board, all documents and other information filed with the complaint

48-8  and all documents and other information compiled as a result of an

48-9  investigation conducted to determine whether to initiate disciplinary

48-10  action are and remain confidential.

48-11  2.  The complaint or other document filed by the board to initiate

48-12  disciplinary action and all documents and information considered by the

48-13  board when determining whether to impose discipline are public records.

48-14  3.  An order that imposes discipline and the findings of fact and

48-15  conclusions of law supporting that order are public records.

48-16  Sec. 95.  NRS 623A.295, 630.142, 633.611, 634.165, 638.154 and

48-17  639.091 are hereby repealed.

 

48-18  LEADLINES OF REPEALED SECTIONS

 

48-19  623A.295  Confidentiality of proceedings.

48-20  630.142  Award of costs and attorney’s fees.

48-21  633.611  Confidentiality of proceedings.

48-22  634.165  Confidentiality of proceedings.

48-23  638.154  Court may award costs and reasonable attorney’s fees

48-24   incurred by board.

48-25  639.091  Award of costs and attorney’s fees to board.

 

48-26  H