Senate Bill No. 91–Committee on Commerce and
Labor
February 8, 2001
____________
Referred to Committee on Commerce and Labor
SUMMARY—Makes various changes to provisions
governing practice of medicine and respiratory care. (BDR 54‑290)
FISCAL NOTE: Effect on Local Government: No.
~
EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along
left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to medicine; changing the designation of physician’s assistant; revising
the scope of authority and duties of the board of medical examiners; providing
for the issuance of special purpose licenses; requiring the board of medical
examiners to regulate the practice of respiratory care; requiring practitioners
of respiratory care to be licensed by the board of medical examiners; revising
the qualifications and requirements relating to licensure of physicians and
physicians’ assistants; revising the duties and scope of authority of persons
licensed by the board of medical examiners; making certain actions subject to
disciplinary action by the board of medical examiners; revising provisions
governing the imposition of disciplinary action against licensees; establishing
and revising certain fees; increasing certain penalties; 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. Chapter 630 of NRS is hereby
amended by adding thereto
1-2 the provisions set forth as sections 2 to 9,
inclusive, of this act.
1-3 Sec. 2. “Practice of respiratory care” includes:
1-4 1. Therapeutic
and diagnostic use of medical gases, humidity and
1-5 aerosols and the
maintenance of associated apparatus;
1-6 2. The
administration of drugs and medications to the
1-7 cardiopulmonary
system;
1-8 3. The
provision of ventilatory assistance and control;
1-9 4. Postural
drainage and percussion, breathing exercises and other
1-10 respiratory
rehabilitation procedures;
1-11 5. Cardiopulmonary
resuscitation and maintenance of natural
1-12 airways and the
insertion and maintenance of artificial airways;
1-13 6. Carrying
out the written orders of a physician, physician assistant
1-14 or an advanced
practitioner of nursing relating to respiratory care;
2-1 7. Techniques
for testing to assist in diagnosis, monitoring, treatment
2-2 and research
related to respiratory care, including the measurement of
2-3 ventilatory
volumes, pressures and flows, collection of blood and other
2-4 specimens,
testing of pulmonary functions and hemodynamic and other
2-5 related
physiological monitoring of the cardiopulmonary system; and
2-6 8. Training
relating to the practice of respiratory care.
2-7 Sec. 3. “Practitioner of respiratory care” means
a person who is:
2-8 1. Certified
to engage in the practice of respiratory care by the
2-9 National Board
for Respiratory Care or its successor organization; and
2-10 2. Licensed
by the board.
2-11 Sec. 4. “Respiratory care” means the treatment,
management,
2-12 diagnostic
testing, control and care of persons with deficiencies and
2-13 abnormalities
associated with the cardiopulmonary system. The term
2-14 includes
inhalation and respiratory therapy.
2-15 Sec. 5. For the purposes of this chapter, any
act that constitutes the
2-16 practice of
medicine shall be deemed to occur at the place where the
2-17 patient is
located at the time the act is performed.
2-18 Sec. 6. The practice of respiratory care must be
performed under the
2-19 direction of or
pursuant to a prescription from a physician licensed to
2-20 practice in this
state, any other state, any territory of the United States or
2-21 the District of
Columbia.
2-22 Sec. 7. 1. Every person who wishes to practice respiratory care in
2-23 this state must:
2-24 (a) Have a high school diploma or general
equivalency diploma;
2-25 (b) Complete an educational program for
respiratory care which has
2-26 been approved by
the National Board for Respiratory Care or its
2-27 successor
organization;
2-28 (c) Pass the examination as an entry-level or
advanced practitioner of
2-29 respiratory care
administered by the National Board for Respiratory Care
2-30 or its successor
organization;
2-31 (d) Be certified by the National Board for
Respiratory Care or its
2-32 successor
organization; and
2-33 (e) Be licensed to practice respiratory care
by the board and have paid
2-34 the required fee
for licensure.
2-35 2. Except
as otherwise provided in subsection 3, a person shall not:
2-36 (a) Practice respiratory care; or
2-37 (b) Hold himself out as qualified to practice
respiratory care,
2-38 in this state
without complying with the provisions of subsection 1.
2-39 3. Any
person who has completed the educational requirements set
2-40 forth in
paragraphs (a) and (b) of subsection 1 may practice respiratory
2-41 care pursuant to
a program of practical training as an intern in
2-42 respiratory care
for not more than 12 months after completing those
2-43 educational
requirements.
2-44 Sec. 8. An application for a license as a
practitioner of respiratory
2-45 care must include
the social security number of the applicant.
2-46 Sec. 9. The board shall adopt regulations
regarding the licensure of
2-47 practitioners of
respiratory care, including, without limitation:
2-48 1. Educational
and other qualifications of applicants;
3-1 2. Required
academic programs which applicants must successfully
3-2 complete;
3-3 3. Procedures
for applying for and issuing licenses;
3-4 4. Tests
or examinations of applicants by the board;
3-5 5. The
types of medical services that a practitioner of respiratory care
3-6 may perform,
except that a practitioner of respiratory care may not
3-7 perform those
specific functions and duties delegated or otherwise
3-8 restricted by
specific statute to persons licensed as dentists, chiropractors,
3-9 podiatric
physicians, optometrists, physicians, osteopathic physicians or
3-10 hearing aid
specialists pursuant to this chapter or chapter 631, 633, 634,
3-11 635, 636 or 637A
of NRS, as appropriate;
3-12 6. The
duration, renewal and termination of licenses; and
3-13 7. The
grounds and procedures for disciplinary actions against
3-14 practitioners of
respiratory care.
3-15 Sec. 10. NRS
630.003 is hereby amended to read as follows:
3-16 630.003 The legislature finds and declares that it is
among the
3-17 responsibilities of state government to ensure, as
far as possible, that only
3-18 competent persons practice medicine and respiratory care within
this state.
3-19 For this purpose, the legislature delegates to the
board of medical
3-20 examiners the duty of determining the initial and
continuing competence of
3-21 doctors of medicine , physician assistants and practitioners of respiratory
3-22 care in this state. The powers
conferred upon the board by this chapter
3-23 must be liberally construed to carry out this
purpose.
3-24 Sec. 11. NRS
630.005 is hereby amended to read as follows:
3-25 630.005 As used in this chapter, unless the context
otherwise requires,
3-26 the words and terms defined in NRS 630.010 to
630.025, inclusive, and
3-27 sections 2, 3 and
4 of this act have the meanings ascribed to them in those
3-28 sections.
3-29 Sec. 12. NRS
630.015 is hereby amended to read as follows:
3-30 630.015 [“Physician’s]
“Physician assistant”
means a person who is a
3-31 graduate of an academic program approved by the board
or who, by
3-32 general education, practical training and experience
determined to be
3-33 satisfactory by the board, is qualified to perform
medical services under the
3-34 supervision of a supervising physician and who has
been issued a license
3-35 by the board.
3-36 Sec. 13. NRS
630.025 is hereby amended to read as follows:
3-37 630.025 “Supervising physician” means an active
physician licensed
3-38 in the State of Nevada [who cosigns the application for licensure of a
3-39 physician’s
assistant and] who employs and supervises [the physician’s]
a
3-40 physician assistant.
3-41 Sec. 14. NRS
630.045 is hereby amended to read as follows:
3-42 630.045 The purpose of licensing physicians [and physicians’]
,
3-43 physician assistants and practitioners of respiratory care
is to protect the
3-44 public health and safety and the general welfare of
the people of this state.
3-45 Any license issued pursuant to this chapter is a
revocable privilege and no
3-46 holder of such a license acquires thereby any vested
right.
3-47 Sec. 15. NRS
630.047 is hereby amended to read as follows:
3-48 630.047 1. This
chapter does not apply to:
4-1 (a) A medical
officer or practitioner of
respiratory care of the armed
4-2 services or a medical officer or practitioner of respiratory care of any
4-3 division or department of the United States in the
discharge of his official
4-4 duties
; [for which a license is
not required;]
4-5 (b) Physicians
who are called into this state, other than on a regular
4-6 basis, for consultation with or assistance to a
physician licensed in this
4-7 state, and who are legally qualified to practice in
the state where they
4-8 reside;
4-9 (c) Physicians
who are legally qualified to practice in the state where
4-10 they reside and come into this state on an irregular
basis to:
4-11 (1) Obtain
medical training approved by the board from a physician
4-12 who is licensed in this state; or
4-13 (2) Provide
medical instruction or training approved by the board to
4-14 physicians licensed in this state; [and]
4-15 (d) Any
person permitted to practice any other healing art under this
4-16 Title who does so within the scope of that
authority, or healing by faith or
4-17 Christian Science [.] ;
4-18 (e) The practice of respiratory care by a
student as part of a program
4-19 of study in
respiratory care that is approved by the board, or is
4-20 recognized by a
national organization which is approved by the board to
4-21 review such
programs, if the student is enrolled in the program and
4-22 provides
respiratory care only under the supervision of a practitioner of
4-23 respiratory care;
4-24 (f) The practice of respiratory care by a
student who:
4-25 (1) Is enrolled in a clinical program of
study in respiratory care
4-26 which has been
approved by the board;
4-27 (2) Is employed by a medical facility, as
defined in NRS 449.0151;
4-28 and
4-29 (3) Provides respiratory care to patients
who are not in a critical
4-30 medical condition
or, in an emergency, to patients who are in a critical
4-31 medical condition
and a practitioner of respiratory care is not
4-32 immediately
available to provide that care and the student is directed by a
4-33 physician to
provide respiratory care under his supervision until a
4-34
practitioner or
respiratory care is available;
4-35 (g) The practice of respiratory care by a
person on himself or
4-36 gratuitous
respiratory care provided to a friend or a member of a
4-37 person’s family
if the provider of the care does not represent himself as a
4-38 practitioner of
respiratory care;
4-39 (h) A cardiopulmonary perfusionist who is
under the supervision of a
4-40 surgeon or an
anesthesiologist;
4-41 (i) A person who is employed by a physician
and provides respiratory
4-42 care under the
supervision of that physician;
4-43 (j) The maintenance of medical equipment for
respiratory care that is
4-44 not attached to a
patient; and
4-45 (k) A person who installs medical equipment
for respiratory care that
4-46 is used in the
home and gives instructions regarding the use of that
4-47 equipment if the
person is trained to provide such services and is
4-48 supervised by a
provider of health care who is acting within the
4-49 authorized scope
of his practice.
5-1 2. This chapter does not repeal or affect any
statute of Nevada
5-2 regulating or affecting any other healing art.
5-3 3. This chapter does not prohibit:
5-4 (a) Gratuitous
services outside of a medical school or medical facility
5-5 by a person who is not a physician , physician assistant or practitioner
of
5-6 respiratory care in cases of emergency.
5-7 (b) The
domestic administration of family remedies.
5-8 Sec. 16. NRS
630.120 is hereby amended to read as follows:
5-9 630.120 1. The
board shall procure a seal.
5-10 2. All licenses issued to physicians [and physicians’]
, physician
5-11 assistants and practitioners of respiratory care must
bear the seal of the
5-12 board and the signatures of its president and
secretary-treasurer.
5-13 Sec. 17. NRS
630.160 is hereby amended to read as follows:
5-14 630.160 1. Every
person desiring to practice medicine must, before
5-15 beginning to practice, procure from the board a
license authorizing him to
5-16 practice.
5-17 2. Except as otherwise provided in NRS 630.161
or 630.164, a license
5-18 may be issued to any person who:
5-19 (a) Is a
citizen of the United States or is lawfully entitled to remain and
5-20 work in the United States;
5-21 (b) Has
received the degree of Doctor of Medicine from a medical
5-22 school:
5-23 (1) Approved
by the Liaison Committee on Medical Education of the
5-24 American Medical Association and Association of
American Medical
5-25 Colleges; or
5-26 (2) Which
provides a course of professional instruction equivalent to
5-27 that provided in medical schools in the United
States approved by the
5-28 Liaison Committee on Medical Education;
5-29 (c) Has
passed:
5-30 (1) All
parts of the examination given by the National Board of
5-31 Medical Examiners;
5-32 (2) All
parts of the Federation Licensing Examination;
5-33 (3) All
parts of the United States Medical Licensing Examination;
5-34 (4) All
parts of a licensing examination given by any state or territory
5-35 of the United States, if the applicant is certified
by a specialty board of the
5-36 American Board of Medical Specialties;
5-37 (5) All
parts of the examination to become a licentiate of the Medical
5-38 Council of Canada; or
5-39 (6) Any
combination of the examinations specified in subparagraphs
5-40 (1), (2) and (3) that the board determined to be
sufficient;
5-41 (d) Has
completed [3 years of:
5-42 (1) Graduate education] 36 months of progressive
postgraduate:
5-43 (1) Education as a resident in the United
States or Canada in a
5-44 program approved by the board, the Accreditation
Council for Graduate
5-45 Medical Education of the American Medical
Association or the
5-46 Coordinating Council of Medical Education of the
Canadian Medical
5-47 Association; or
6-1 (2) Fellowship
training in the United States or Canada approved by
6-2 the board or the Accreditation Council for Graduate
Medical Education;
6-3 and
6-4 (e) Passes a
written or oral examination, or both, as to his qualifications
6-5 to practice medicine and provides the board with a
description of the
6-6 clinical program completed demonstrating that the
applicant’s clinical
6-7 training met the requirements of paragraph (b) of
this subsection.
6-8 Sec. 18. NRS
630.164 is hereby amended to read as follows:
6-9 630.164 1. A
board of county commissioners may petition the board
6-10 of medical examiners to waive the [requirements]
requirement of
6-11 paragraph (d) of subsection 2 of NRS 630.160 for any
applicant intending
6-12 to practice medicine in a medically underserved area
of that county as that
6-13 term is defined by regulation by the [officer of rural health of the
6-14 University of
Nevada School of Medicine.] board of medical examiners.
6-15 The board of medical examiners may waive that
requirement and issue a
6-16 license if the applicant:
6-17 (a) Has
completed at least 1 year of training as a resident in the United
6-18 States or Canada in a program approved by the board,
the Accreditation
6-19 Council for Graduate Medical Education of the
American Medical
6-20 Association or the Coordinating Council of Medical
Education of the
6-21 Canadian Medical Association, respectively;
6-22 (b) Has a
minimum of 5 years of practical medical experience as a
6-23 licensed allopathic physician or such other
equivalent training as the board
6-24
deems appropriate; and
6-25 (c) Meets all
other conditions and requirements for a license to practice
6-26 medicine.
6-27 2. Any person licensed pursuant to subsection 1
must be issued a
6-28 license to practice medicine in this state
restricted to practice in the
6-29 medically underserved area of the county which
petitioned for the waiver
6-30 only. He may apply to the board of medical examiners
for renewal of that
6-31 restricted license every 2 years after he is
licensed.
6-32 3. Any person holding a restricted license
pursuant to subsection 1
6-33 who completes 3 years of [such]
full-time practice under the restricted
6-34 license may apply to the board for
an unrestricted license. In considering
6-35 an application for an unrestricted license pursuant
to this subsection, the
6-36 board shall require the applicant to meet all
statutory requirements for
6-37 licensure in effect at the time of application
except the [requirements]
6-38 requirement of paragraph (d) of subsection
2 of NRS 630.160.
6-39 Sec. 19. NRS
630.197 is hereby amended to read as follows:
6-40 630.197 1. An
applicant for the issuance or renewal of a license to
6-41 practice medicine , [or] to practice as a [physician’s]
physician assistant or
6-42 to practice as a
practitioner of respiratory care shall submit to the board
6-43 the statement prescribed by the welfare division of
the department of
6-44 human resources pursuant to NRS 425.520. The
statement must be
6-45 completed and signed by the applicant.
6-46 2. The board shall include the statement
required pursuant to
6-47 subsection 1 in:
6-48 (a) The
application or any other forms that must be submitted for the
6-49 issuance or renewal of the license; or
7-1 (b) A
separate form prescribed by the board.
7-2
3. A license to practice medicine , [or]
to practice as a [physician’s]
7-3 physician assistant or to practice as a practitioner of
respiratory care may
7-4 not be issued or renewed by the board if the
applicant:
7-5 (a) Fails to
submit the statement required pursuant to subsection 1; or
7-6 (b) Indicates
on the statement submitted pursuant to subsection 1 that he
7-7 is subject to a court order for the support of a
child and is not in
7-8 compliance with the order or a plan approved by the
district attorney or
7-9 other public agency enforcing the order for the
repayment of the amount
7-10 owed pursuant to the order.
7-11 4. If an applicant indicates on the statement
submitted pursuant to
7-12 subsection 1 that he is subject to a court order for
the support of a child and
7-13 is not in compliance with the order or a plan
approved by the district
7-14 attorney or other public agency enforcing the order
for the repayment of
7-15 the amount owed pursuant to the order, the board shall
advise the applicant
7-16 to contact the district attorney or other public
agency enforcing the order to
7-17 determine the actions that the applicant may take to
satisfy the arrearage.
7-18 Sec. 20. NRS
630.253 is hereby amended to read as follows:
7-19 630.253 The board shall, as a prerequisite for the:
7-20 1. Renewal of a license as a [physician’s]
physician assistant;
or
7-21 2. Biennial registration of the holder of a
license to practice
medicine,
7-22 require each holder to comply with the requirements
for continuing
7-23 education adopted by the board. These requirements
may provide for the
7-24 completion of one or more courses of instruction
relating to risk
7-25 management in the performance of medical services.
7-26 Sec. 21. NRS
630.261 is hereby amended to read as follows:
7-27 630.261 1. [The board may, unless]
Except as otherwise
provided in
7-28 [this section or] NRS 630.161, the board may issue : [, renew or
modify:]
7-29 (a) A locum
tenens license, to be effective not more than 3 months after
7-30 issuance, to any physician who is licensed and in
good standing in another
7-31 state ,
who meets the requirements for licensure in this state and who is
of
7-32 good moral character and reputation. The purpose of
this license is to
7-33 enable an eligible physician to serve as a
substitute for another physician
7-34 who is licensed to practice medicine in this state
and who is absent from
7-35 his practice for reasons deemed sufficient by the
board. A license issued
7-36 pursuant to the provisions of this paragraph is not
renewable.
7-37 (b) A special
license to a licensed physician of another state to come
7-38 into this state to care for or assist in the
treatment of his own patient in
7-39 association with a physician licensed in this state.
A special license issued
7-40 pursuant to the provisions of this paragraph is
limited to the care of a
7-41 specific patient. The physician licensed in this
state has the primary
7-42 responsibility for the care of that patient.
7-43 (c) A
restricted license for a specified period if the board determines the
7-44 applicant needs supervision or restriction.
7-45 (d) A
temporary license for a specified period if the physician is
7-46 licensed and in good standing in another state and meets the requirements
7-47 for licensure in
this state,
and if the board
determines that it is necessary
7-48 in order to provide medical services for a community
without adequate
8-1 medical care. A temporary license issued pursuant to
the provisions of this
8-2 paragraph is not renewable.
8-3 (e) A special purpose license to a physician
who is licensed in another
8-4 state to permit
the use of equipment that transfers information
8-5 concerning the
medical condition of a patient in this state across state
8-6 lines
electronically, telephonically or by fiber optics if the physician:
8-7 (1) Holds a full and unrestricted license
to practice medicine in that
8-8 state;
8-9 (2) Has not had any disciplinary or other
action taken against him
8-10 by any state or
other jurisdiction; and
8-11 (3) Meets the requirement set forth in
paragraph (d) of subsection 2
8-12 of NRS 630.160.
8-13 2. Except
as otherwise provided in this section, the board may renew
8-14 or modify any
license issued pursuant to subsection 1.
8-15 3. Every physician who is
licensed pursuant to [the provisions of]
8-16 subsection 1 and who accepts the privilege of
practicing medicine in this
8-17 state pursuant to the provisions of the license
shall be deemed to have
8-18 given his consent to the revocation of the license
at any time by the board
8-19 for any of the grounds provided in NRS 630.161 or
630.301 to 630.3065,
8-20 inclusive.
8-21 Sec. 22. NRS
630.265 is hereby amended to read as follows:
8-22 630.265 1. Except
as otherwise provided in NRS 630.161, the board
8-23 may issue to a qualified applicant a limited license
to practice medicine as
8-24 a resident physician in a graduate program approved
by the Accreditation
8-25 Council for Graduate Medical Education if he is:
8-26 (a) A
graduate of an accredited medical school in the United States or
8-27 Canada; or
8-28 (b) A
graduate of a foreign medical school and has received the
8-29 standard certificate of the Educational Commission
for Foreign Medical
8-30 Graduates or a written statement from that
commission that he passed the
8-31 examination given by it.
8-32 2. The medical school or other institution
sponsoring the program shall
8-33 provide the board with written confirmation that the
applicant has been
8-34 appointed to a position in the program and is a
citizen of the United States
8-35 or lawfully entitled to remain and work in the
United States. Such a license
8-36 remains valid only while the licensee is actively
practicing medicine in the
8-37 residency program and is legally entitled to work
and remain in the United
8-38 States.
8-39 3. The board may issue such a limited license
for not more than 1 year
8-40 but may renew the license [.] if the applicant for the limited license meets
8-41 the requirements
set forth by the board by regulation.
8-42 4. The holder of a limited license may practice
medicine only in
8-43 connection with his duties as a resident physician
or under such conditions
8-44 as are approved by the director of the program and
the board.
8-45 5. [A] The holder of a limited license granted
pursuant to this section
8-46 may be [revoked] disciplined by the board at any time for any
of the
8-47 grounds provided in NRS 630.161 or 630.301 to
630.3065, inclusive.
9-1 Sec. 23. NRS
630.271 is hereby amended to read as follows:
9-2 630.271 1. A [physician’s]
physician assistant
may perform such
9-3 medical services as he is authorized to perform [pursuant to the terms of a
9-4 license issued to
him by the board, if those services are rendered under the
9-5 supervision and
control of a] by his supervising physician.
9-6 2. The board and supervising physician shall limit the
authority of a
9-7 [physician’s] physician
assistant to prescribe controlled substances to those
9-8 schedules of controlled substances [which his]
that the supervising
9-9 physician is authorized to prescribe pursuant to state
and federal law.
9-10 Sec. 24. NRS
630.273 is hereby amended to read as follows:
9-11 630.273 The board may issue a license to an applicant
who is qualified
9-12 under the regulations of the board to perform
medical services under the
9-13 supervision of a supervising physician. The
application for a license as a
9-14 [physician’s] physician
assistant must include the social security number
9-15 of the applicant . [and be
cosigned by the supervising physician.]
9-16 Sec. 25. NRS
630.275 is hereby amended to read as follows:
9-17 630.275 The board shall adopt regulations regarding
the licensure of a
9-18 [physician’s] physician
assistant, including, but not limited to:
9-19 1. The educational and other qualifications of
applicants.
9-20 2. The required academic program for applicants.
9-21 3. The procedures for applications for and the
issuance of licenses.
9-22 4. The tests or examinations of applicants by
the board.
9-23 5. The medical services which a [physician’s]
physician assistant
may
9-24 perform, except that he may not perform those
specific functions and duties
9-25 delegated or restricted by law to persons licensed
as dentists, chiropractors,
9-26 podiatric physicians and optometrists under chapters
631, 634, 635 and
9-27 636, respectively, of NRS, or as hearing aid
specialists.
9-28 6. The duration, renewal and termination of
licenses.
9-29 7. The grounds and procedures respecting
disciplinary actions against
9-30 [physicians’] physician
assistants.
9-31 8. The supervision of medical services of a [physician’s]
physician
9-32 assistant by a supervising physician.
9-33 Sec. 26. NRS
630.288 is hereby amended to read as follows:
9-34 630.288 1. Each
holder of a license to practice medicine must, on or
9-35 before July 1 of each alternate year:
9-36 (a) Submit
the statement required pursuant to NRS 630.197; and
9-37 (b) Pay to
the secretary-treasurer of the board the applicable fee for
9-38 biennial registration. This fee must be collected
for the period for which a
9-39 physician is licensed.
9-40 2. When a holder of a license fails to pay the
fee for biennial
9-41 registration and submit the statement required
pursuant to NRS 630.197
9-42 after they become due, his license to practice
medicine in this state is
9-43 automatically suspended. The holder may, within 2
years after the date his
9-44 license is suspended, upon payment of twice the
amount of the current fee
9-45 for biennial registration to the secretary-treasurer
and submission of the
9-46 statement required pursuant to NRS 630.197 and after
he is found to be in
9-47 good standing and qualified under the provisions of
this chapter, be
9-48 reinstated to practice.
10-1 3. The board shall make such reasonable attempts as are practicable
10-2 to notify a licensee:
10-3 (a) At least
once that his fee for biennial registration and the statement
10-4 required pursuant to NRS 630.197 are due; and
10-5 (b) That his
license is suspended.
10-6 A copy of this notice must be sent to the Drug
Enforcement Administration
10-7 of the United States Department of Justice or its
successor agency.
10-8 Sec. 27. NRS
630.290 is hereby amended to read as follows:
10-9 630.290 1. The
board shall charge and collect not more than the
10-10 following fees:
10-11 For application for and issuance of a license [by written
10-12 examination, in
addition to the actual cost to the board of
10-13 the examination] to practice as a
physician.............. $600
10-14 For application for and issuance of a temporary,
locum
10-15 tenens, limited, restricted , special or special purpose
10-16 license................. [300] 400
10-17 For renewal of a limited, restricted or special
license............................. [200] 400
10-18 For application for and issuance of a license as a
10-19 [physician’s] physician
assistant................. [300] 400
10-20 For [renewal of
a license as a physician’s]
biennial
10-21 registration of a
physician assistant................. [300] 800
10-22 For biennial registration of a physician........................ 800
10-23 For application
for and issuance of a license as a
10-24 practitioner of
respiratory care................................ 400
10-25 For biennial
registration of a practitioner of respiratory
10-26 care.............................. 800
10-27 For biennial registration for a physician who is [retired,]
10-28 on inactive status [or not practicing medicine in Nevada............................... 200]
400
10-29 For written verification of licensure............................ 50
10-30 For a duplicate identification card.................................. 25
10-31 For a duplicate license..... 50
10-32 For computer printouts or labels..................... [300] 500
10-33 For verification of a listing of physicians, per
hour.......... 20
10-34 For furnishing a list of new physicians................ [50] 100
10-35 2. In addition to the fees prescribed in
subsection 1, the board shall
10-36 charge and collect [:
10-37 (a) A fee to reimburse it for the cost of the
United States Medical
10-38 Licensing
Examination; and
10-39 (b) Necessary] necessary and
reasonable fees for its other services.
10-40 3. The cost of any special meeting called at the
request of a [licensed
10-41 physician,] licensee,
an institution, an organization,
a state agency or an
10-42 applicant for licensure must be paid for by the
person or entity requesting
10-43 the special meeting. Such a special meeting must not
be called until the
10-44 person or entity requesting it has paid a cash
deposit with the board
10-45 sufficient to defray all expenses of the meeting.
10-46 Sec. 28. NRS
630.301 is hereby amended to read as follows:
10-47 630.301 The following acts, among others, constitute
grounds for
10-48 initiating disciplinary action or denying licensure:
11-1 1. Conviction of a felony, any offense involving
moral turpitude or any
11-2 offense relating to the practice of medicine or the
ability to practice
11-3 medicine. A plea of nolo contendere is a conviction
for the purposes of this
11-4 subsection.
11-5 2. Conviction of violating any of the provisions
of NRS 616D.200,
11-6 616D.220, 616D.240, 616D.300, 616D.310, or 616D.350
to 616D.440,
11-7 inclusive.
11-8 3. The revocation, suspension, modification or
limitation of the license
11-9 to practice any type of medicine by any other
jurisdiction or the surrender
11-10 of the license or discontinuing the practice of
medicine while under
11-11 investigation by any licensing authority, a medical
facility, a branch of the
11-12 Armed Services of the United States, an insurance
company, an agency of
11-13 the Federal Government or an employer.
11-14 4. Malpractice, which may be evidenced by claims
settled against a
11-15 practitioner.
11-16 5. The engaging by a practitioner in any sexual
activity with a patient
11-17 who is currently being treated by the practitioner.
11-18 6. Disruptive
behavior or interaction with physicians, hospital
11-19 personnel,
patients, members of the families of patients or any other
11-20 persons if the
behavior or interaction interferes with patient care or
11-21 would be
reasonably expected to have an adverse impact on the quality of
11-22 care rendered to
the patients.
11-23 7. The
engaging in conduct that violates the trust of a patient and
11-24 exploits the
relationship between the physician and the patient for
11-25 financial or
other personal gain.
11-26 8. The
failure to offer appropriate procedures or studies, to protest
11-27 inappropriate
denials by organizations for managed care, to provide
11-28 necessary
services or to refer a patient to an appropriate provider, when
11-29 such a failure
occurs for the sole purpose of positively influencing the
11-30 financial
well-being of the practitioner or an insurer.
11-31 9. The
engaging in conduct calculated to bring, or having the effect
11-32 of bringing, the
medical profession into disrepute, including, without
11-33 limitation,
conduct that violates any provision of a national code of ethics
11-34 adopted by the board
by regulation.
11-35 10. The
engaging in sexual contact with the surrogate of a patient or
11-36 other key persons
related to a patient, including, without limitation, a
11-37 spouse, parent or
legal guardian, which exploits the relationship between
11-38 the physician and
the patient in a sexual manner.
11-39 Sec. 29. NRS
630.3062 is hereby amended to read as follows:
11-40 630.3062 The following acts, among others, constitute
grounds for
11-41 initiating disciplinary action or denying licensure:
11-42 1. Failure to maintain timely, legible, accurate and complete medical
11-43 records relating to the diagnosis, treatment and
care of a patient.
11-44 2. Altering medical records of a patient.
11-45 3. Making or filing a report which the licensee
knows to be false,
11-46 failing to file a record or report as required by
law or willfully obstructing
11-47 or inducing another to obstruct such filing.
11-48 4. Failure to make the medical records of a
patient available for
11-49 inspection and copying as provided in NRS 629.061.
12-1 5. Failure to report any claim for malpractice
or negligence filed
12-2 against the licensee and the subsequent disposition
thereof within 90 days
12-3 after the:
12-4 (a) Claim is
filed; and
12-5 (b) Disposition
of the claim.
12-6 6. Failure to report any person the licensee
knows, or has reason to
12-7 know, is in violation of the provisions of this
chapter or the regulations of
12-8 the board.
12-9 Sec. 30. NRS
630.3066 is hereby amended to read as follows:
12-10 630.3066 A physician is not subject to disciplinary
action solely for
12-11 prescribing or administering to a patient under his
care [:
12-12 1. Amygdalin
(laetrile), if the patient has consented in writing to the
12-13 use of the
substance.
12-14 2. Procaine
hydrochloride with preservatives and stabilizers (Gerovital
12-15 H3).
12-16 3. A] a
controlled substance which is listed in schedule II, III, IV or V
12-17 by the state board of pharmacy pursuant to NRS
453.146, if the controlled
12-18 substance is lawfully prescribed or administered for
the treatment of
12-19 intractable pain in accordance with [accepted standards for the practice of
12-20 medicine.] regulations
adopted by the board.
12-21 Sec. 31. NRS
630.307 is hereby amended to read as follows:
12-22 630.307 1. Any
person, medical school or medical facility that
12-23 becomes aware that a person practicing medicine or respiratory care in
12-24 this state has, is or is about to become engaged in
conduct which
12-25 constitutes grounds for initiating disciplinary
action shall forthwith file
a
12-26 written complaint with the board.
12-27 2. Any hospital, clinic or other medical
facility licensed in this state, or
12-28 medical society, shall forthwith report to the board any change in a
12-29 physician’s privileges to practice medicine while
the physician is under
12-30 investigation and the outcome of any disciplinary
action taken by that
12-31 facility or society against the physician concerning
the care of a patient or
12-32 the competency of the physician.
12-33 3. The clerk of every court shall forthwith report to the
board any
12-34 finding, judgment or other determination of the
court that a physician [:] ,
12-35 physician
assistant or practitioner of respiratory care:
12-36 (a) Is
mentally ill;
12-37 (b) Is
mentally incompetent;
12-38 (c) Has been
convicted of a felony or any law governing controlled
12-39 substances or dangerous drugs;
12-40 (d) Is guilty
of abuse or fraud under any state or federal program
12-41 providing medical assistance; or
12-42 (e) Is liable
for damages for malpractice or negligence.
12-43 Sec. 32. NRS
630.329 is hereby amended to read as follows:
12-44 630.329 If the board issues an order suspending the
license of a
12-45 physician , physician assistant or practitioner of respiratory care pending
12-46 proceedings for disciplinary action, the court shall
not stay that order.
13-1 Sec. 33. NRS
630.333 is hereby amended to read as follows:
13-2 630.333 1. In
addition to any other remedy provided by law, the
13-3 board, through its president or, secretary-treasurer
or the attorney general,
13-4 may apply to any court of competent jurisdiction:
13-5 (a) To enjoin
any prohibited act or other conduct of a [physician]
13-6 licensee which is harmful to the
public;
13-7 (b) To enjoin
any person who is not licensed under this chapter from
13-8 practicing medicine [;] or respiratory care;
13-9 (c) To limit
the [physician’s] practice of a physician, physician
13-10 assistant or
practitioner of respiratory care, or suspend his license to
13-11 practice
; [medicine;] or
13-12 (d) To enjoin
the use of the title M.D. , P.A.,
P.A.-C, R.C.P. or any
13-13 other word,
combination of letters or other designation intended to imply
13-14 or designate a
person as a physician, physician assistant or practitioner
13-15 of respiratory
care,
when not licensed by the board pursuant to this
13-16 chapter, unless the use is otherwise authorized by a
specific statute.
13-17 2. The court in a proper case may issue a
temporary restraining order
13-18 or a preliminary injunction for the purposes set
forth in subsection 1:
13-19 (a) Without
proof of actual damage sustained by any person;
13-20 (b) Without
relieving any person from criminal prosecution for
13-21 engaging in the practice of medicine without a
license; and
13-22 (c) Pending
proceedings for disciplinary action by the board.
13-23 Sec. 34. NRS
630.336 is hereby amended to read as follows:
13-24 630.336 1. Any
proceeding of a committee of the board investigating
13-25 complaints is not subject to the requirements of NRS
241.020, unless the
13-26 licensee under investigation requests that the
proceeding be subject to those
13-27 requirements. Any deliberations conducted or vote taken
by:
13-28 (a) The board
or panel regarding its decision; or
13-29 (b) The board
or any investigative committee of the board regarding its
13-30 ordering of a physician , physician assistant or practitioner of respiratory
13-31 care to undergo a physical or
mental examination or any other examination
13-32 designated to assist the board or committee in
determining the fitness of a
13-33 physician, physician assistant or practitioner of respiratory care,
13-34 are not subject to the requirements of NRS 241.020.
13-35 2. Except as otherwise provided in subsection 3,
all applications for a
13-36 license to practice medicine [,] or respiratory care, any charges filed by the
13-37 board, financial records of the board, formal
hearings on any charges heard
13-38 by the board or a panel selected by the board,
records of such hearings and
13-39 any order or decision of the board or panel must be
open to the public.
13-40 3. Except as otherwise provided in NRS 630.352
and 630.368, the
13-41 following may be kept confidential:
13-42 (a) Any
statement, evidence, credential or other proof submitted in
13-43 support of or to verify the contents of an
application;
13-44 (b) All
investigations and records of investigations;
13-45 (c) Any report
concerning the fitness of any person to receive or hold a
13-46 license to practice medicine [;] or respiratory care;
13-47 (d) Any
communication between:
13-48 (1) The
board and any of its committees or panels; and
14-1 (2) The
board or its staff, investigators, experts, committees, panels,
14-2 hearing officers, advisory members or consultants
and counsel for the
14-3 board; and
14-4 (e) Any other
information or records in the possession of the board.
14-5 4. This section does not prevent or prohibit the
board from
14-6 communicating or cooperating with any other
licensing board or agency or
14-7 any agency which is investigating a licensee,
including a law enforcement
14-8 agency. Such cooperation may include , without limitation, providing
the
14-9 board or agency with minutes of a closed meeting,
transcripts of oral
14-10 examinations and the results of oral examinations.
14-11 Sec. 35. NRS
630.344 is hereby amended to read as follows:
14-12 630.344 1. Service
of process [made] under this chapter must be
14-13 made on [the person] a licensee personally, or by registered or
certified
14-14 mail with return receipt requested [,]
addressed to the [physician] licensee
14-15 at his last known address. If personal service
cannot be made and if notice
14-16 by mail is returned undelivered, the
secretary-treasurer of the board shall
14-17 cause notice to be published once a week for 4
consecutive weeks in a
14-18 newspaper published in the county of the [physician’s]
last known address
14-19 of the licensee or, if no newspaper is
published in that county, then in a
14-20 newspaper widely distributed in that county.
14-21 2. Proof of service of process or publication of
notice made under this
14-22 chapter must be filed with the board and recorded in
the minutes of the
14-23 board.
14-24 Sec. 36. NRS
630.346 is hereby amended to read as follows:
14-25 630.346 In any disciplinary hearing:
14-26 1. The board, a panel of the members of the
board and a hearing
14-27 officer are not bound by formal rules of evidence
and a witness must not be
14-28 barred from testifying solely because he was or is
incompetent.
14-29 2. Proof of actual injury need not be
established.
14-30 3. A certified copy of the record of a court or
a licensing agency
14-31 showing a conviction or plea of nolo contendere or
the suspension,
14-32 revocation, limitation, modification, denial or
surrender of a license to
14-33 practice medicine or respiratory care is conclusive evidence of
its
14-34 occurrence.
14-35 Sec. 37. NRS
630.352 is hereby amended to read as follows:
14-36 630.352 1. Any
member of the board, except for an advisory
14-37 member serving on a panel of the board hearing
charges, may participate in
14-38 the final order of the board. If the board, after a
formal hearing, determines
14-39 from a preponderance of the evidence that a
violation of the provisions of
14-40 this chapter or of the regulations of the board has
occurred, it shall issue
14-41 and serve on the physician charged an order, in
writing, containing its
14-42 findings and any sanctions.
14-43 2. If the board determines that no violation has
occurred, it shall
14-44 dismiss the charges, in writing, and notify the
physician that the charges
14-45 have been dismissed. If the disciplinary proceedings
were instituted against
14-46 the physician as a result of a complaint filed against
him, the board may
14-47 provide the physician with a copy of the complaint . [, including the name
14-48 of the person, if
any, who filed the complaint.]
15-1 3. Except as otherwise provided in subsection 4,
if the board finds that
15-2 a violation has occurred, it may by order:
15-3 (a) Place the
person on probation for a specified period on any of the
15-4 conditions specified in the order;
15-5 (b) Administer
to him a public reprimand;
15-6 (c) Limit his
practice or exclude one or more specified branches of
15-7 medicine from his practice;
15-8 (d) Suspend
his license for a specified period or until further order of
15-9 the board;
15-10 (e) Revoke his
license to practice medicine;
15-11 (f) Require
him to participate in a program to correct alcohol or drug
15-12 dependence or any other impairment;
15-13 (g) Require
supervision of his practice;
15-14 (h) Impose a
fine not to exceed $5,000;
15-15 (i) Require
him to perform public service without compensation;
15-16 (j) Require
him to take a physical or mental examination or an
15-17 examination testing his competence;
15-18 (k) Require
him to fulfill certain training or educational requirements;
15-19 and
15-20 (l) Require
him to pay all costs incurred by the board relating to his
15-21 disciplinary proceedings.
15-22 4. If the board finds that the physician has
violated the provisions of
15-23 NRS 439B.425, the board shall suspend his license
for a specified period or
15-24 until further order of the board.
15-25 Sec. 38. NRS
630.355 is hereby amended to read as follows:
15-26 630.355 1. If
a person, in a proceeding before the board [:] , a
15-27 hearing officer
or a panel of the board:
15-28 (a) Disobeys
or resists a lawful order ;
[of the board;]
15-29 (b) Refuses to
take an oath or affirmation as a witness ; [before the
15-30 board;]
15-31 (c) Refuses to
be examined ; [before the board;]
or
15-32 (d) Engages in
conduct during a hearing or so near the place thereof as
15-33 to obstruct the proceeding,
15-34 the board , hearing officer or panel may certify the
facts to the district
15-35 court of the county in which the proceeding is being
conducted. Such a
15-36 certification operates as a stay of all related
disciplinary proceedings .
15-37 [before the board.] The court shall issue an order directing the
person to
15-38 appear before the court and show cause why he should
not be held in
15-39 contempt.
15-40 2. A copy of the statement of the board , hearing officer or panel,
and
15-41 the order of the district court issued pursuant to
subsection 1 must be
15-42 served on the person. Thereafter, the court has
jurisdiction of the matter.
15-43 3. The same proceedings must be had, the same
penalties may be
15-44 imposed and the person may purge himself of the
contempt in the same
15-45 way as in the case of a person who has committed a
contempt in the trial of
15-46 a civil action.
15-47 Sec. 39. NRS
630.356 is hereby amended to read as follows:
15-48 630.356 1. Any
person aggrieved by a final order of the board is
15-49 entitled to judicial review of the board’s order.
16-1 2. Every order [of the board which limits the practice of medicine or
16-2 suspends or
revokes a license] that imposes a sanction against a licensee
16-3 pursuant to
subsection 3 or 4 of NRS 630.352 or any regulation of the
16-4 board is effective from the date
the secretary-treasurer certifies the order
16-5 until the date the order is modified or reversed by
a final judgment of the
16-6 court. The court shall not stay the order of the
board pending a final
16-7 determination by the court.
16-8 3. The district court shall give a petition for
judicial review of the
16-9 board’s order priority over other civil matters
which are not expressly
16-10 given priority by law.
16-11 Sec. 40. NRS
630.358 is hereby amended to read as follows:
16-12 630.358 1. Any
person:
16-13 (a) Whose
practice of medicine or
respiratory care has been limited; or
16-14 (b) Whose
license to practice medicine or
respiratory care has been:
16-15 (1) Suspended
until further order; or
16-16 (2) Revoked,
16-17 by an order of the board, may apply to the board for
removal of the
16-18 limitation or restoration of his license.
16-19 2. In hearing the application, the board:
16-20 (a) May
require the person to submit to a mental or physical
16-21 examination or an examination testing his competence
to practice medicine
16-22 or respiratory
care by
physicians or practitioners of
respiratory care, as
16-23 appropriate, or other examinations it
designates and submit such other
16-24 evidence of changed conditions and of fitness as it
deems proper;
16-25 (b) Shall
determine whether under all the circumstances the time of the
16-26 application is reasonable; and
16-27 (c) May deny
the application or modify or rescind its order as it deems
16-28 the evidence and the public safety warrants.
16-29 3. The licensee has the burden of proving by
clear and convincing
16-30 evidence that the requirements for restoration of
the license or removal of
16-31 the limitation have been met.
16-32 4. The board shall not restore a license unless
it is satisfied that the
16-33 person has complied with all of the terms and
conditions set forth in the
16-34 final order of the board and that the person is
capable of practicing
16-35 medicine or respiratory care in a safe manner.
16-36 5. To restore a license that has been revoked by
the board, the
16-37 applicant must apply for a license and take an
examination as though he
16-38 had never been licensed under this chapter.
16-39 Sec. 41. NRS
630.366 is hereby amended to read as follows:
16-40 630.366 1. If
the board receives a copy of a court order issued
16-41 pursuant to NRS 425.540 that provides for the
suspension of all
16-42 professional, occupational and recreational
licenses, certificates and
16-43 permits issued to a person who is the holder of a
license to practice
16-44 medicine
, [or] to practice as a [physician’s assistant,]
physician assistant
16-45 or to practice as
a practitioner of respiratory care, the board shall deem
16-46 the license issued to that person to be suspended at
the end of the 30th day
16-47 after the date on which the court order was issued
unless the board receives
16-48 a letter issued to the holder of the license by the
district attorney or other
16-49 public agency pursuant to NRS 425.550 stating that
the holder of the
17-1 license has complied with the subpoena or warrant or
has satisfied the
17-2 arrearage pursuant to NRS 425.560.
17-3 2. The board shall reinstate a license to
practice medicine , [or]
to
17-4 practice as a [physician’s]
physician assistant or to practice as a
17-5 practitioner of
respiratory care that has been suspended by a district court
17-6 pursuant to NRS 425.540 if the board receives a
letter issued by the district
17-7 attorney or other public agency pursuant to NRS
425.550 to the person
17-8 whose license was suspended stating that the person
whose license was
17-9 suspended has complied with the subpoena or warrant
or has satisfied the
17-10 arrearage pursuant to NRS 425.560.
17-11 Sec. 42. NRS
630.368 is hereby amended to read as follows:
17-12 630.368 [1.] To institute a disciplinary action against a [physician’s
17-13 assistant,] physician
assistant or practitioner of respiratory care, a written
17-14 complaint, specifying the charges, must be filed
with the board by:
17-15 [(a) The board ;
17-16 (b)] 1. The board or a
committee designated by the board to
17-17 investigate a
complaint;
17-18 2. Any member of the board; or
17-19 [(c)] 3. Any other person who is aware of any act or
circumstance
17-20 constituting a ground for disciplinary action set
forth in the regulations
17-21 adopted by the board.
17-22 [2. Before taking any
formal action on a complaint filed against a
17-23 physician’s
assistant by his supervising physician or by an osteopathic
17-24 physician
supervising the physician’s assistant pursuant to NRS 630.274,
17-25 the board shall
provide the physician’s assistant with a copy of the
17-26 complaint.
17-27 3. If,
pursuant to disciplinary procedures set forth in the regulations
17-28 adopted by the
board, the board finds that the charges in the complaint
17-29 against the
physician’s assistant are false, the board may provide the
17-30 physician’s
assistant with a copy of the complaint, including the name of
17-31 the person, if
any, who filed the complaint.]
17-32 Sec. 43. NRS
630.390 is hereby amended to read as follows:
17-33 630.390 In seeking injunctive relief against any
person for an alleged
17-34 violation of this chapter by practicing medicine or respiratory care
without
17-35 a license, it is sufficient to allege that he did,
upon a certain day, and in a
17-36 certain county of this state, engage in the practice
of medicine or
17-37 respiratory care without having a license to
do so, without alleging any
17-38 further or more particular facts concerning the
same.
17-39 Sec. 44. NRS
630.400 is hereby amended to read as follows:
17-40 630.400 A person who:
17-41 1. Presents to the board as his own the diploma,
license or credentials
17-42 of another;
17-43 2. Gives either false or forged evidence of any
kind to the board;
17-44 3. Practices medicine or respiratory care under a false or assumed
17-45 name or falsely personates another licensee;
17-46 4. Except as otherwise provided by specific
statute, practices medicine
17-47 or respiratory
care without
being licensed under this chapter;
18-1 5. Holds himself out as a [physician’s]
physician assistant
or [who]
18-2 uses any other term indicating or implying that he
is a [physician’s]
18-3 physician assistant without being
licensed by the board; [or]
18-4 6. Holds
himself out as a practitioner of respiratory care or uses any
18-5 other term
indicating or implying that he is a practitioner of respiratory
18-6 care without
being licensed by the board; or
18-7 7. Uses the title M.D., when
not licensed by the board pursuant to this
18-8 chapter, unless otherwise authorized by a specific
statute,
18-9 is guilty of a category D felony and shall be
punished as provided in NRS
18-10 193.130.
18-11 Sec. 45. NRS
632.472 is hereby amended to read as follows:
18-12 632.472 1. The
following persons shall report in writing to the
18-13 executive director of the board any conduct of a
licensee or holder of a
18-14 certificate which constitutes a violation of the
provisions of this chapter:
18-15 (a) Any
physician, dentist, dental hygienist, chiropractor, optometrist,
18-16 podiatric physician, medical examiner, resident,
intern, professional or
18-17 practical nurse, nursing assistant, [physician’s]
physician assistant,
18-18 psychiatrist, psychologist, marriage and family
therapist, alcohol or drug
18-19 abuse counselor, driver of an ambulance, advanced
emergency medical
18-20 technician or other person providing medical
services licensed or certified
18-21 to practice in this state.
18-22 (b) Any
personnel of a medical facility or facility for the dependent
18-23 engaged in the admission, examination, care or
treatment of persons or an
18-24 administrator, manager or other person in charge of
a medical facility or
18-25 facility for the dependent upon notification by a
member of the staff of the
18-26 facility.
18-27 (c) A coroner.
18-28 (d) Any person
who maintains or is employed by an agency to provide
18-29 nursing in the home.
18-30 (e) Any
employee of the department of human resources.
18-31 (f) Any
employee of a law enforcement agency or a county’s office for
18-32 protective services or an adult or juvenile
probation officer.
18-33 (g) Any person
who maintains or is employed by a facility or
18-34 establishment that provides care for older persons.
18-35 (h) Any person
who maintains, is employed by or serves as a volunteer
18-36 for an agency or service which advises persons
regarding the abuse, neglect
18-37 or exploitation of an older person and refers them
to persons and agencies
18-38 where their requests and needs can be met.
18-39 (i) Any social
worker.
18-40 2. Every physician who, as a member of the staff
of a medical facility
18-41 or facility for the dependent, has reason to believe
that a nursing assistant
18-42 has engaged in conduct which constitutes grounds for
the denial,
18-43 suspension or revocation of a certificate shall
notify the superintendent,
18-44 manager or other person in charge of the facility.
The superintendent,
18-45 manager or other person in charge shall make a
report as required in
18-46 subsection 1.
18-47 3. A report may be filed by any other person.
19-1 4. Any person who in good faith reports any
violation of the provisions
19-2 of this chapter to the executive director of the
board pursuant to this section
19-3 is immune from civil liability for reporting the
violation.
19-4 Sec. 46. NRS
632.473 is hereby amended to read as follows:
19-5 632.473 1. A
nurse licensed pursuant to the provisions of this
19-6 chapter, while working at an institution of the
department of prisons, may
19-7 treat patients, including the administration of a
dangerous drug, poison or
19-8 related device, pursuant to orders given by a [physician’s]
physician
19-9 assistant if those orders are given pursuant to a
protocol approved by the
19-10 board of medical examiners and the supervising
physician. The orders must
19-11 be cosigned by the supervising physician or another
physician within 72
19-12 hours after treatment.
19-13 2. A copy of the protocol under which orders are
given by a
19-14 [physician’s] physician
assistant must be available at the institution for
19-15 review by the nurse.
19-16 3. This section does not authorize a [physician’s]
physician assistant
to
19-17 give orders for the administration of any controlled
substance.
19-18 4. For the purposes of this section:
19-19 (a) [“Physician’s]
“Physician assistant”
means a [physician’s]
19-20 physician assistant licensed by the
board of medical examiners pursuant to
19-21 chapter 630 of NRS who:
19-22 (1) Is
employed at an institution of the department of prisons;
19-23 (2) Has been
awarded a bachelor’s degree from a college or
19-24 university recognized by the board of medical
examiners; and
19-25 (3) Has
received at least 40 hours of instruction regarding the
19-26 prescription of medication as a part of either his
basic educational
19-27 qualifications or a program of continuing education
approved by the board
19-28 of medical examiners.
19-29 (b) “Protocol”
means the written directions for the assessment and
19-30 management of specified medical conditions,
including the drugs and
19-31 devices the [physician’s] physician assistant is authorized to order,
which
19-32 the [physician’s] physician assistant and the supervision have
agreed upon
19-33 as a basis for their practice.
19-34 (c) “Supervising
physician” has the meaning ascribed to it in NRS
19-35 630.025.
19-36 Sec. 47. NRS
639.0125 is hereby amended to read as follows:
19-37 639.0125 “Practitioner” means:
19-38 1. A physician, dentist, veterinarian or
podiatric physician who holds a
19-39 valid license to practice his profession in this
state;
19-40 2. A hospital, pharmacy or other institution licensed,
registered or
19-41 otherwise permitted to distribute, dispense, conduct
research with respect
19-42 to or administer drugs in the course of professional
practice or research in
19-43 this state;
19-44 3. An advanced practitioner of nursing who has
been authorized to
19-45 prescribe poisons, dangerous drugs and devices; or
19-46 4. A physician assistant who:
19-47 (a) Holds a license issued by the board of
medical examiners; and
20-1 (b) Is authorized by the board to possess,
administer, prescribe or
20-2 dispense
controlled substances, poisons, dangerous drugs or devices
20-3 under the
supervision of a physician as required by chapter 630 of NRS.
20-4 5. An
osteopathic physician’s assistant who:
20-5 (a) Holds a [license issued by the board of medical examiners or]
20-6 certificate issued by the state board of osteopathic
medicine; and
20-7 (b) Is
authorized by the board to possess, administer, prescribe or
20-8 dispense controlled substances, poisons, dangerous
drugs or devices under
20-9 the supervision of [a physician or]
an osteopathic
physician as required by
20-10 chapter [630 or] 633 of NRS.
20-11 Sec. 48. NRS
639.1373 is hereby amended to read as follows:
20-12 639.1373 1. A physician assistant or an osteopathic
physician’s
20-13 assistant may, if authorized by the board, possess,
administer, prescribe or
20-14 dispense controlled substances, or possess,
administer, prescribe or
20-15 dispense poisons, dangerous drugs or devices in or
out of the presence of
20-16 his supervising physician only to the extent and
subject to the limitations
20-17 specified in the registration certificate issued to the physician assistant
or
20-18 osteopathic physician’s [assistant’s certificate as issued] assistant,
as
20-19 appropriate, by the board [.] pursuant to this section.
20-20 2. Each physician assistant and osteopathic physician’s
assistant who
20-21 is authorized by his [physician’s]
physician assistant’s
license issued by
20-22 the board of medical examiners or certificate issued
by the state board of
20-23 osteopathic medicine to possess, administer,
prescribe or dispense
20-24 controlled substances, or to possess, administer,
prescribe or dispense
20-25 poisons, dangerous drugs or devices must apply for
and obtain a
20-26 registration certificate from the board, pay a fee
to be set by regulations
20-27 adopted by the board and pass an examination
administered by the board
20-28 on the law relating to pharmacy before he can possess,
administer,
20-29 prescribe or dispense controlled substances, or
possess, administer,
20-30 prescribe or dispense poisons, dangerous drugs or
devices.
20-31 3. The board shall consider each application
separately and may, even
20-32 though the [physician’s] physician assistant’s license issued by the
board
20-33 of medical examiners or the osteopathic physician’s assistant’s certificate
20-34 issued by the state board of osteopathic medicine
authorizes the physician
20-35 assistant or osteopathic
physician’s
assistant , as appropriate,
to possess,
20-36 administer, prescribe or dispense controlled
substances, or to possess,
20-37 administer, prescribe or dispense poisons, dangerous
drugs and devices:
20-38 (a) Refuse to
issue a registration certificate;
20-39 (b) Issue a
registration certificate limiting the authority of the physician
20-40 assistant or
osteopathic physician’s [assistant’s authority] assistant, as
20-41 appropriate, to possess, administer,
prescribe or dispense controlled
20-42 substances, or to possess, administer, prescribe or
dispense poisons,
20-43 dangerous drugs or devices, the area in which the physician assistant or
20-44 osteopathic physician’s assistant may
possess controlled substances,
20-45 poisons, dangerous drugs and devices, or the kind
and amount of controlled
20-46 substances, poisons, dangerous drugs and devices; or
20-47 (c) Issue a
registration certificate imposing other limitations or
20-48 restrictions which the board feels are necessary and
required to protect the
20-49 health, safety and welfare of the public.
21-1 4. If the registration of the physician assistant or osteopathic
21-2 physician’s assistant is suspended or revoked, the
physician’s controlled
21-3 substance registration may also be suspended or
revoked.
21-4 5. The board shall adopt regulations controlling
the maximum amount
21-5 to be administered, possessed and dispensed, and the
storage, security,
21-6 recordkeeping and transportation of controlled
substances and the
21-7 maximum amount to be administered, possessed,
prescribed and dispensed
21-8 and the storage, security, recordkeeping and
transportation of poisons,
21-9 dangerous drugs and devices by physician assistants and osteopathic
21-10 physicians’ assistants. In the adoption of those
regulations, the board shall
21-11 consider, but is not limited to, the following:
21-12 (a) The area
in which the physician assistant
or osteopathic physician’s
21-13 assistant is to operate;
21-14 (b) The
population of that area;
21-15 (c) The
experience and training of the physician
assistant or
21-16 osteopathic physician’s assistant;
21-17 (d) The
distance to the nearest hospital and physician; and
21-18 (e) The effect
on the health, safety and welfare of the public.
21-19 6. For the purposes of this section, the term [“physician’s assistant”
21-20 includes an osteopathic
physician’s assistant and the term] “supervising
21-21 physician” includes an employing osteopathic
physician as defined in
21-22 chapter 633 of NRS.
21-23 Sec. 49. NRS
652.210 is hereby amended to read as follows:
21-24 652.210 No person other than a licensed physician, a
licensed
21-25 optometrist, a licensed practical nurse, a
registered nurse, a licensed [or]
21-26 physician
assistant, a certified osteopathic physician’s
assistant, a certified
21-27 intermediate emergency medical technician, a
certified advanced
21-28 emergency medical technician or a licensed dentist
may manipulate a
21-29 person for the collection of specimens, except that
technical personnel of a
21-30 laboratory may collect blood, remove stomach
contents, perform certain
21-31 diagnostic skin tests or field blood tests or
collect material for smears and
21-32 cultures.
21-33 Sec. 50. NRS
200.5093 is hereby amended to read as follows:
21-34 200.5093 1. Any
person who is described in subsection 4 and who,
21-35 in his professional or occupational capacity, knows
or has reasonable cause
21-36 to believe that an older person has been abused,
neglected, exploited or
21-37 isolated shall:
21-38 (a) Except as
otherwise provided in subsection 2, report the abuse,
21-39 neglect, exploitation or isolation of the older
person to:
21-40 (1) The
local office of the aging services division of the department
21-41 of human resources;
21-42 (2) A police
department or sheriff’s office;
21-43 (3) The
county’s office for protective services, if one exists in the
21-44 county where the suspected action occurred; or
21-45 (4) A toll-free telephone service designated
by the aging services
21-46 division of the department of human resources; and
21-47 (b) Make such
a report as soon as reasonably practicable but not later
21-48 than 24 hours after the person knows or has
reasonable cause to believe
21-49 that the older person has been abused, neglected,
exploited or isolated.
22-1 2. If a person who is required to make a report
pursuant to subsection 1
22-2 knows or has reasonable cause to believe that the
abuse, neglect,
22-3 exploitation or isolation of the older person
involves an act or omission of
22-4 the aging services division, another division of the
department of human
22-5 resources or a law enforcement agency, the person
shall make the report to
22-6 an agency other than the one alleged to have
committed the act or
22-7 omission.
22-8 3. Each agency, after reducing a report to
writing, shall forward a copy
22-9 of the report to the aging services division of the
department of human
22-10 resources.
22-11 4. A report must be made pursuant to subsection
1 by the following
22-12
persons:
22-13 (a) Every
physician, dentist, dental hygienist, chiropractor, optometrist,
22-14 podiatric physician, medical examiner, resident,
intern, professional or
22-15 practical nurse, [physician’s]
physician assistant,
psychiatrist,
22-16 psychologist, marriage and family therapist, alcohol
or drug abuse
22-17 counselor, driver of an ambulance, advanced
emergency medical
22-18 technician or other person providing medical
services licensed or certified
22-19 to practice in this state, who examines, attends or
treats an older person
22-20 who appears to have been abused, neglected,
exploited or isolated.
22-21 (b) Any
personnel of a hospital or similar institution engaged in the
22-22 admission, examination, care or treatment of persons
or an administrator,
22-23 manager or other person in charge of a hospital or
similar institution upon
22-24 notification of the suspected abuse, neglect,
exploitation or isolation of an
22-25 older person by a member of the staff of the
hospital.
22-26 (c) A coroner.
22-27 (d) Every
clergyman, practitioner of Christian Science or religious
22-28 healer, unless he acquired the knowledge of abuse,
neglect, exploitation or
22-29 isolation of the older person from the offender
during a confession.
22-30 (e) Every
person who maintains or is employed by an agency to provide
22-31 nursing in the home.
22-32 (f) Every
attorney, unless he has acquired the knowledge of abuse,
22-33 neglect, exploitation or isolation of the older
person from a client who has
22-34 been or may be accused of such abuse, neglect,
exploitation or isolation.
22-35 (g) Any
employee of the department of human resources.
22-36 (h) Any
employee of a law enforcement agency or a county’s office for
22-37 protective services or an adult or juvenile
probation officer.
22-38 (i) Any person
who maintains or is employed by a facility or
22-39 establishment that provides care for older persons.
22-40 (j) Any person
who maintains, is employed by or serves as a volunteer
22-41 for an agency or service which advises persons
regarding the abuse,
22-42 neglect, exploitation or isolation of an older
person and refers them to
22-43 persons and agencies where their requests and needs
can be met.
22-44 (k) Every
social worker.
22-45 (l) Any person
who owns or is employed by a funeral home or
22-46 mortuary.
22-47 5. A report may be made by any other person.
22-48 6. If a person who is required to make a report
pursuant to subsection 1
22-49 knows or has reasonable cause to believe that an
older person has died as a
23-1 result of abuse, neglect or isolation, the person
shall, as soon as reasonably
23-2 practicable, report this belief to the appropriate
medical examiner or
23-3 coroner, who shall investigate the cause of death of
the older person and
23-4 submit to the appropriate local law enforcement
agencies, the appropriate
23-5 prosecuting attorney and the aging services division
of the department of
23-6 human resources his written findings. The written
findings must include
23-7 the information required pursuant to the provisions
of NRS 200.5094,
23-8 when possible.
23-9 7. A division, office or department which
receives a report pursuant to
23-10 this section shall cause the investigation of the
report to commence within
23-11 3 working days. A copy of the final report of the
investigation conducted
23-12 by a division, office or department, other than the
aging services division
23-13 of the department of human resources, must be
forwarded to the aging
23-14 services division within 90 days after the
completion of the report.
23-15 8. If the investigation of a report results in
the belief that an older
23-16 person is abused, neglected, exploited or isolated,
the aging services
23-17 division of the department of human resources or the
county’s office for
23-18 protective services may provide protective services
to the older person if he
23-19 is able and willing to accept them.
23-20 9. A person who knowingly and willfully violates
any of the
23-21 provisions of this section is guilty of a
misdemeanor.
23-22 Sec. 51. NRS
223.550 is hereby amended to read as follows:
23-23 223.550 1. The
office for consumer health assistance is hereby
23-24 established in the office of the governor. The
governor shall appoint the
23-25 director. The director must:
23-26 (a) Be:
23-27 (1) A
physician, as that term is defined in NRS 0.040;
23-28 (2) A
registered nurse, as that term is defined in NRS 632.019;
23-29 (3) An
advanced practitioner of nursing, as that term is defined in
23-30 NRS 453.023; or
23-31 (4) A [physician’s]
physician assistant,
as that term is defined in NRS
23-32 630.015; and
23-33 (b) Have
expertise and experience in the field of advocacy.
23-34 2. The cost of carrying out the provisions of
NRS 223.500 to 223.580,
23-35 inclusive, must be paid as follows:
23-36 (a) That
portion of the cost related to providing assistance to consumers
23-37 and injured employees concerning workers’
compensation must be paid
23-38 from the assessments levied pursuant to NRS 232.680.
23-39 (b) The
remaining cost must be provided by direct legislative
23-40 appropriation from the state general fund and be
paid out on claims as
23-41 other claims against the state are paid.
23-42 Sec. 52. NRS
244.1605 is hereby amended to read as follows:
23-43 244.1605 The boards of county commissioners may:
23-44 1. Establish, equip and maintain limited medical
facilities in the
23-45 outlying areas of their respective counties to
provide outpatient care and
23-46 emergency treatment to the residents of and those
falling sick or being
23-47 injured or maimed in those areas.
23-48 2. Provide a full-time or part-time staff for
the facilities which may
23-49 include a physician, a licensed [physician’s]
physician assistant,
a
24-1 registered nurse or a licensed practical nurse, a
certified emergency
24-2 medical technician and such other personnel as the
board deems necessary
24-3 or appropriate to ensure adequate staffing
commensurate with the needs of
24-4 the area in which the facility is located.
24-5 3. Fix the charges for the medical and nursing
care and medicine
24-6 furnished by the facility to those who are able to
pay for them, and to
24-7 provide that care and medicine free of charge to
those persons who qualify
24-8 as medical indigents under the county’s criteria of
eligibility for medical
24-9 care.
24-10 4. Purchase, equip and maintain, either in
connection with a limited
24-11 medical facility as authorized in this section or
independent therefrom,
24-12 ambulances and ambulance services for the benefit of
the residents of and
24-13 those falling sick or being injured or maimed in the
outlying areas.
24-14 Sec. 53. NRS
244.382 is hereby amended to read as follows:
24-15 244.382 The legislature finds that:
24-16 1. Many of the less populous counties of the
state have experienced
24-17 shortages of physicians, surgeons, anesthetists,
dentists, other medical
24-18 professionals and [physicians’]
physician assistants.
24-19 2. Some of the more populous counties of the
state have also
24-20 experienced shortages of physicians, surgeons,
anesthetists, dentists, other
24-21 medical professionals and [physicians’]
physician assistants
in their rural
24-22 communities.
24-23 3. By granting county scholarships to students
in such medical
24-24 professions who will agree to return to the less
populous counties or the
24-25 rural communities of the more populous counties for
residence and
24-26 practice, these counties can alleviate the shortages
to a degree and thereby
24-27 provide their people with needed health services.
24-28 Sec. 54. NRS
244.3821 is hereby amended to read as follows:
24-29 244.3821 1. In
addition to the powers elsewhere conferred upon all
24-30 counties, except as otherwise provided in subsection
2, any county may
24-31 establish a medical scholarship program to induce
students in the medical
24-32 professions to return to the county for practice.
24-33 2. Any county whose population is 100,000 or
more may only
24-34 establish a medical scholarship program to induce
students in the medical
24-35 professions to return to the less populous rural
communities of the county
24-36 for practice.
24-37 3. Students in the medical professions for the
purposes of NRS
24-38 244.382 to 244.3823, inclusive, include persons
studying to be
24-39 [physicians’] physician
assistants.
24-40 4. The board of county commissioners of a county
that has established
24-41 a medical scholarship program may appropriate money
from the general
24-42 fund of the county for medical scholarship funds and
may accept private
24-43 contributions to augment the scholarship funds.
24-44 Sec. 55. NRS
397.0605 is hereby amended to read as follows:
24-45 397.0605 The provisions of NRS 397.0615, 397.0645 and
397.0653 to
24-46 the contrary notwithstanding, the Western Interstate
Commission for
24-47 Higher Education may adopt regulations which require
as a condition of
24-48 placement of a student in an educational program for
[physicians’]
24-49 physician assistants and receipt of
the related financial support that the
25-1 student submit to the director of the Western
Interstate Commission for
25-2 Higher Education:
25-3 1. A written statement from a licensed provider
of health care who
25-4 practices his profession in a rural area of this
state that he agrees to employ
25-5 the student for the term necessary to fulfill the
requirements of NRS
25-6 397.0645 upon the completion of the student’s
education, examination and
25-7 licensure.
25-8 2. A written statement from the student that in
lieu of repayment of all
25-9 state contributions for the stipend he received he
will practice his
25-10 profession in a rural area of this state in
accordance with the schedule set
25-11 forth in subsection 1 of NRS 397.0645.
25-12 Sec. 56. NRS
397.0617 is hereby amended to read as follows:
25-13 397.0617 1. The
provisions of this section apply only to support fees
25-14 received by a student on or after July 1, 1997.
25-15 2. The three commissioners from the State of
Nevada, acting jointly,
25-16 may require a student who is certified to study to
practice in a profession
25-17 which could benefit a medically underserved area of
this state, as that term
25-18 is defined by the officer of rural health of the
University of Nevada School
25-19 of Medicine, to practice in such an area or to
practice in an area designated
25-20 by the Secretary of Health and Human Services:
25-21 (a) Pursuant
to 42 U.S.C. § 254c, as containing a medically underserved
25-22 population; or
25-23 (b) Pursuant
to 42 U.S.C. § 254e, as a health professional shortage
area,
25-24 as a condition to receiving a support fee.
25-25 3. If a person agrees to practice in a medically
underserved area of this
25-26 state pursuant to subsection 2 for at least 2 years,
the three commissioners
25-27 from the State of Nevada, acting jointly, may
forgive the portion of the
25-28 support fee designated as the loan of the person.
25-29 4. If a person returns to this state but does
not practice in a medically
25-30 underserved area of this state pursuant to
subsection 2 for at least 2 years,
25-31 the three commissioners from the State of Nevada,
acting jointly, shall
25-32 assess a default charge in an amount not less than
three times the portion of
25-33 the support fee designated as the loan of the
person, plus interest.
25-34 5. As used in this section, a “profession which
could benefit a
25-35 medically underserved area of this state” includes,
without limitation,
25-36 dentistry, physical therapy, pharmacy and practicing
as a [physician’s]
25-37 physician assistant.
25-38 Sec. 57. NRS
432B.220 is hereby amended to read as follows:
25-39 432B.220 1. Any
person who is described in subsection 3 and who,
25-40 in his professional or occupational capacity, knows
or has reasonable cause
25-41 to believe that a child has been abused or neglected
shall:
25-42 (a) Except as
otherwise provided in subsection 2, report the abuse or
25-43 neglect of the child to an agency which provides
protective services or to a
25-44 law enforcement agency; and
25-45 (b) Make such
a report as soon as reasonably practicable but not later
25-46 than 24 hours after the person knows or has
reasonable cause to believe
25-47 that the child has been abused or neglected.
26-1 2. If a person who is required to make a report
pursuant to subsection 1
26-2 knows or has reasonable cause to believe that the
abuse or neglect of the
26-3 child involves an act or omission of:
26-4 (a) A person
directly responsible or serving as a volunteer for or an
26-5 employee of a public or private home, institution or
facility where the child
26-6 is receiving child care outside of his home for a
portion of the day, the
26-7 person shall make the report to a law enforcement
agency.
26-8 (b) An agency
which provides protective services or a law enforcement
26-9 agency, the person shall make the report to an
agency other than the one
26-10 alleged to have committed the act or omission, and
the investigation of the
26-11 abuse or neglect of the child must be made by an
agency other than the one
26-12 alleged to have committed the act or omission.
26-13 3. A report must be made pursuant to subsection
1 by the following
26-14 persons:
26-15 (a) A
physician, dentist, dental hygienist, chiropractor, optometrist,
26-16 podiatric physician, medical examiner, resident,
intern, professional or
26-17 practical nurse, [physician’s]
physician assistant,
psychiatrist,
26-18 psychologist, marriage and family therapist, alcohol
or drug abuse
26-19 counselor, advanced emergency medical technician or
other person
26-20 providing medical services licensed or certified in
this state;
26-21 (b) Any
personnel of a hospital or similar institution engaged in the
26-22 admission, examination, care or treatment of persons
or an administrator,
26-23 manager or other person in charge of a hospital or
similar institution upon
26-24 notification of suspected abuse or neglect of a
child by a member of the
26-25 staff of the hospital;
26-26 (c) A coroner;
26-27 (d) A
clergyman, practitioner of Christian Science or religious healer,
26-28 unless he has acquired the knowledge of the abuse or
neglect from the
26-29 offender during a confession;
26-30 (e) A social
worker and an administrator, teacher, librarian or counselor
26-31 of a school;
26-32 (f) Any person
who maintains or is employed by a facility or
26-33 establishment that provides care for children,
children’s camp or other
26-34 public or private facility, institution or agency
furnishing care to a child;
26-35 (g) Any person
licensed to conduct a foster home;
26-36 (h) Any
officer or employee of a law enforcement agency or an adult or
26-37 juvenile probation officer;
26-38 (i) An
attorney, unless he has acquired the knowledge of the abuse or
26-39 neglect from a client who is or may be accused of
the abuse or neglect; and
26-40 (j) Any person
who maintains, is employed by or serves as a volunteer
26-41 for an agency or service which advises persons
regarding abuse or neglect
26-42 of a child and refers them to persons and agencies
where their requests and
26-43 needs can be met.
26-44 4. A report may be made by any other person.
26-45 5. If a person who is required to make a report
pursuant to subsection 1
26-46 knows or has reasonable cause to believe that a
child has died as a result of
26-47 abuse or neglect, the person shall, as soon as reasonably
practicable, report
26-48 this belief to the appropriate medical examiner or
coroner, who shall
26-49 investigate the report and submit to an agency which
provides protective
27-1 services his written findings. The written findings
must include, if
27-2 obtainable, the information required pursuant to the
provisions of
27-3 subsection 2 of NRS 432B.230.
27-4 Sec. 58. NRS
441A.110 is hereby amended to read as follows:
27-5 441A.110 “Provider
of health care” means a physician, nurse,
27-6 [physician’s] physician
assistant or veterinarian licensed in accordance
27-7 with state law.
27-8 Sec. 59. NRS
442.003 is hereby amended to read as follows:
27-9 442.003 As used in this chapter, unless the context
requires otherwise:
27-10 1. “Advisory board” means the advisory board on
maternal and child
27-11 health.
27-12 2. “Department” means the department of human
resources.
27-13 3. “Director” means the director of the
department of human resources.
27-14 4. “Fetal alcohol syndrome” includes fetal
alcohol effects.
27-15 5. “Health division” means the health division
of the department of
27-16 human resources.
27-17 6. “Obstetric center” has the meaning ascribed
to it in NRS 449.0155.
27-18 7. “Provider of health care or other services”
means:
27-19 (a) A person
who has been certified as a counselor or an administrator
27-20 of an alcohol and drug abuse program pursuant to
chapter 458 of NRS;
27-21 (b) A
physician or a [physician’s] physician assistant who is licensed
27-22 pursuant to chapter 630 of NRS and who practices in
the area of obstetrics
27-23 and gynecology, family practice, internal medicine,
pediatrics or
27-24 psychiatry;
27-25 (c) A licensed
nurse;
27-26 (d) A licensed
psychologist;
27-27 (e) A licensed
marriage and family therapist;
27-28 (f) A licensed
social worker; or
27-29 (g) A holder
of a certificate of registration as a pharmacist.
27-30 Sec. 60. NRS
442.119 is hereby amended to read as follows:
27-31 442.119 As used in NRS 442.119 to 442.1198,
inclusive, unless the
27-32 context otherwise requires:
27-33 1. “Health officer” includes a local health
officer, a city health officer,
27-34 a county health officer and a district health
officer.
27-35 2. “Medicaid” has the meaning ascribed to it in
NRS 439B.120.
27-36 3. “Medicare” has the meaning ascribed to it in
NRS 439B.130.
27-37 4. “Provider of prenatal care” is limited to:
27-38 (a) A
physician who is licensed in this state and certified in obstetrics
27-39 and gynecology, family practice, general practice or
general surgery.
27-40 (b) A
certified nurse midwife who is licensed by the state board of
27-41 nursing.
27-42 (c) An
advanced practitioner of nursing who has specialized skills and
27-43 training in obstetrics or family nursing.
27-44 (d) A [physicians’]
physician assistant
who has specialized skills and
27-45 training in obstetrics or family practice.
27-46 Sec. 61. NRS
449.0175 is hereby amended to read as follows:
27-47 449.0175 “Rural clinic” means a facility located in an
area that is not
27-48 designated as an urban area by the Bureau of the Census,
where medical
28-1 services are provided by a [physician’s]
physician assistant
or an advanced
28-2 practitioner of nursing under the supervision of a
licensed physician.
28-3 Sec. 62. NRS
450B.160 is hereby amended to read as follows:
28-4 450B.160 1. The
health authority may issue licenses to attendants
28-5 and to firemen employed by or serving as volunteers
with a fire-fighting
28-6 agency.
28-7 2. Each license must be evidenced by a card
issued to the holder of the
28-8 license, is valid for a period not to exceed 2 years
and is renewable.
28-9 3. An applicant for a license must file with the
health authority:
28-10 (a) A current,
valid certificate evidencing his successful completion of a
28-11 program or course for training in emergency medical
technology, if he is
28-12 applying for a license as an attendant, or, if a
volunteer attendant, at a level
28-13 of skill determined by the board.
28-14 (b) A current
valid certificate evidencing his successful completion of a
28-15 program for training as an intermediate emergency
medical technician or
28-16 advanced emergency medical technician if he is
applying for a license as a
28-17 fireman with a fire-fighting agency.
28-18 (c) A signed
statement showing:
28-19 (1) His name
and address;
28-20 (2) His
employer’s name and address; and
28-21 (3) A
description of his duties.
28-22 (d) Such other
certificates for training and such other items as the board
28-23 may specify.
28-24 4. The board shall adopt such regulations as it
determines are
28-25 necessary for the issuance, suspension, revocation
and renewal of licenses.
28-26 5. Each operator of an ambulance or air
ambulance and each fire-
28-27 fighting agency shall annually file with the health
authority a complete list
28-28 of the licensed persons in its service.
28-29 6. Licensed physicians, registered nurses and
licensed [physicians’]
28-30 physician assistants may serve as
attendants without being licensed under
28-31 the provisions of this section. A registered nurse
who performs advanced
28-32 emergency care in an ambulance or air ambulance must
perform the care in
28-33 accordance with the regulations of the state board
of nursing. A licensed
28-34 [physicians’] physician
assistant who performs advanced emergency care
28-35 in an ambulance or air ambulance must perform the
care in accordance
28-36 with the regulations of the [state]
board of medical examiners.
28-37 7. Each licensed physician, registered nurse and
licensed [physicians’]
28-38 physician assistant who serves as an
attendant must have current
28-39 certification of completion of training in:
28-40 (a) Advanced
life-support procedures for patients who require cardiac
28-41 care;
28-42 (b) Life-support
procedures for pediatric patients who require cardiac
28-43 care; or
28-44 (c) Life-support
procedures for patients with trauma that are
28-45 administered before the arrival of those patients at
a hospital.
28-46 The certification must be issued by the board of
medical examiners for a
28-47 physician or licensed [physician’s]
physician assistant
or by the state board
28-48 of nursing for a registered nurse.
29-1 8. The board of medical examiners and the state
board of nursing shall
29-2 issue a certificate pursuant to subsection 7 if the
licensed physician,
29-3 licensed [physician’s] physician assistant or registered nurse
attends:
29-4 (a) A course
offered by a national organization which is nationally
29-5 recognized for issuing such certification;
29-6 (b) Training
conducted by the operator of an ambulance or air
29-7 ambulance; or
29-8 (c) Any other
course or training,
29-9 approved by the board of medical examiners or the
state board of nursing,
29-10 whichever is issuing the certification. The board of
medical examiners and
29-11 the state board of nursing may require certification
of training in all three
29-12 areas set forth in subsection 7 for a licensed
physician, licensed
29-13 [physician’s] physician
assistant or registered nurse who primarily serves
29-14 as an attendant in a county whose population is
400,000 or more.
29-15 Sec. 63. NRS
453.038 is hereby amended to read as follows:
29-16 453.038 “Chart order” means an order entered on the
chart of a
29-17 patient:
29-18 1. In a hospital, facility for intermediate care
or facility for skilled
29-19 nursing which is licensed as such by the health
division of the department;
29-20 or
29-21 2. Under emergency treatment in a hospital by a
physician, dentist or
29-22 podiatric physician, or on the written or oral order
of a physician,
29-23 [physician’s] physician
assistant, dentist or podiatric physician authorizing
29-24 the administration of a drug to the patient.
29-25 Sec. 64. NRS
453.091 is hereby amended to read as follows:
29-26 453.091 1. “Manufacture”
means the production, preparation,
29-27 propagation, compounding, conversion or processing
of a substance, either
29-28 directly or indirectly by extraction from substances
of natural origin, or
29-29 independently by means of chemical synthesis, or by
a combination of
29-30 extraction and chemical synthesis, and includes any
packaging or
29-31 repackaging of the substance or labeling or
relabeling of its container.
29-32 2. “Manufacture” does not include the
preparation or compounding of
29-33 a substance by a person for his own use or the
preparation, compounding,
29-34 packaging or labeling of a substance by a physician,
[physician’s]
29-35 physician assistant, dentist,
podiatric physician or veterinarian:
29-36 (a) As an
incident to his administering or dispensing of a substance in
29-37 the course of his professional practice; or
29-38 (b) By his
authorized agent under his supervision, for the purpose of, or
29-39 as an incident to, research, teaching or chemical
analysis and not for sale.
29-40 Sec. 65. NRS
453.126 is hereby amended to read as follows:
29-41 453.126 “Practitioner”
means:
29-42 1. A physician, dentist, veterinarian or
podiatric physician who holds a
29-43 license to practice his profession in this state and
is registered pursuant to
29-44 this chapter.
29-45 2. An advanced practitioner of nursing who holds
a certificate from the
29-46 state board of nursing and a certificate from the
state board of pharmacy
29-47 authorizing him to dispense controlled substances.
29-48 3. A scientific investigator or a pharmacy,
hospital or other institution
29-49 licensed, registered or otherwise authorized in this
state to distribute,
30-1 dispense, conduct research with respect to, to
administer, or use in teaching
30-2 or chemical analysis, a controlled substance in the
course of professional
30-3 practice or research.
30-4 4. A euthanasia technician who is licensed by the
Nevada state board
30-5 of veterinary medical examiners and registered
pursuant to this chapter,
30-6 while he possesses or administers sodium
pentobarbital pursuant to his
30-7 license and registration.
30-8 5. A [physician’s] physician assistant who:
30-9 (a) Holds a
license from the board of medical examiners ; [or a
30-10 certificate from
the state board of osteopathic medicine;] and
30-11 (b) Is
authorized by the board to possess, administer, prescribe or
30-12 dispense controlled substances under the supervision
of a physician [or
30-13 osteopathic
physician] as required by chapter 630 [or 633]
of NRS.
30-14 6. An
osteopathic physician’s assistant who:
30-15 (a) Holds a certificate from the state board of
osteopathic medicine;
30-16 and
30-17 (b) Is authorized by the board to possess,
administer, prescribe or
30-18 dispense
controlled substances under the supervision of an osteopathic
30-19 physician as
required by chapter 633 of NRS.
30-20 7. An optometrist who is
certified by the Nevada state board of
30-21 optometry to prescribe and administer therapeutic
pharmaceutical agents
30-22 pursuant to NRS 636.288, when he prescribes or
administers therapeutic
30-23 pharmaceutical agents within the scope of his certification.
30-24 Sec. 66. NRS
453.128 is hereby amended to read as follows:
30-25 453.128 1. “Prescription”
means:
30-26 (a) An order
given individually for the person for whom prescribed,
30-27 directly from a physician, osteopathic physician’s assistant, physician
30-28 assistant, dentist, podiatric
physician, optometrist or veterinarian, or his
30-29 agent, to a pharmacist or indirectly by means of an
order signed by the
30-30 practitioner or an electronic transmission from the
practitioner to a
30-31 pharmacist; or
30-32 (b) A chart
order written for an inpatient specifying drugs which he is to
30-33 take home upon his discharge.
30-34 2. The term does not include a chart order
written for an inpatient for
30-35 use while he is an inpatient.
30-36 Sec. 67. NRS 453.226
is hereby amended to read as follows:
30-37 453.226 1. Every
practitioner or other person who dispenses any
30-38 controlled substance within this state or who
proposes to engage in the
30-39 dispensing of any controlled substance within this
state shall obtain
30-40 biennially a registration issued by the board in
accordance with its
30-41 regulations.
30-42 2. A person registered by the board in
accordance with the provisions
30-43 of NRS 453.011 to 453.552, inclusive, to dispense or
conduct research with
30-44 controlled substances may possess, dispense or
conduct research with those
30-45 substances to the extent authorized by the
registration and in conformity
30-46 with the other provisions of those sections.
30-47 3. The following persons are not required to
register and may lawfully
30-48 possess and distribute controlled substances
pursuant to the provisions of
30-49 NRS 453.011 to 453.552, inclusive:
31-1 (a) An agent
or employee of a registered dispenser of a controlled
31-2 substance if he is acting in the usual course of his
business or employment;
31-3 (b) A common
or contract carrier or warehouseman, or an employee
31-4 thereof, whose possession of any controlled
substance is in the usual course
31-5 of business or employment;
31-6 (c) An
ultimate user or a person in possession of any controlled
31-7 substance pursuant to a lawful order of a physician,
osteopathic
31-8 physician’s assistant, physician assistant, dentist, podiatric
physician or
31-9 veterinarian or in lawful possession of a schedule V
substance; or
31-10 (d) A
physician who:
31-11 (1) Holds a
locum tenens license issued by the board of medical
31-12 examiners or a temporary license issued by the state
board of osteopathic
31-13 medicine; and
31-14 (2) Is
registered with the Drug Enforcement Administration at a
31-15 location outside this state.
31-16 4. The board may waive the requirement for
registration of certain
31-17 dispensers if it finds it consistent with the public
health and safety.
31-18 5. A separate registration is required at each
principal place of business
31-19 or professional practice where the applicant
dispenses controlled
31-20 substances.
31-21 6. The board may inspect the establishment of a
registrant or applicant
31-22 for registration in accordance with the board’s
regulations.
31-23 Sec. 68. NRS
453.336 is hereby amended to read as follows:
31-24 453.336 1. A
person shall not knowingly or intentionally possess a
31-25 controlled substance, unless the substance was
obtained directly from, or
31-26 pursuant to, a prescription or order of a physician,
osteopathic physician’s
31-27 assistant, physician assistant, dentist, podiatric
physician, optometrist or
31-28 veterinarian while acting in the course of his
professional practice, or
31-29 except as otherwise authorized by the provisions of
NRS 453.011 to
31-30 453.552, inclusive.
31-31 2. Except as otherwise provided in subsections
3, 4 and 5 and in NRS
31-32 453.3363, and unless a greater penalty is provided
in NRS 212.160,
31-33 453.3385, 453.339 or 453.3395, a person who violates
this section shall be
31-34 punished:
31-35 (a) For the
first or second offense, if the controlled substance is listed in
31-36 schedule I, II, III or IV, for a category E felony
as provided in NRS
31-37 193.130.
31-38 (b) For a
third or subsequent offense, if the controlled substance is listed
31-39 in schedule I, II, III or IV, or if the offender has
previously been convicted
31-40 two or more times in the aggregate of any violation
of the law of the
31-41 United States or of any state, territory or district
relating to a controlled
31-42 substance, for a category D felony as provided in
NRS 193.130, and may
31-43 be further punished by a fine of not more than
$20,000.
31-44 (c) For the
first offense, if the controlled substance is listed in schedule
31-45 V, for a category E felony as provided in NRS
193.130.
31-46 (d) For a
second or subsequent offense, if the controlled substance is
31-47 listed in schedule V, for a category D felony as
provided in NRS 193.130.
31-48 3. Unless a greater penalty is provided in NRS
212.160, 453.337 or
31-49 453.3385, a person who is convicted of the
possession of flunitrazepam or
32-1 gamma-hydroxybutyrate, or any substance for which
flunitrazepam or
32-2 gamma-hydroxybutyrate is an immediate precursor, is
guilty of a category
32-3 B felony and shall be punished by imprisonment in
the state prison for a
32-4 minimum term of not less than 1 year and a maximum
term of not more
32-5 than 6 years.
32-6 4. Unless a greater penalty is provided in NRS
212.160, a person who
32-7 is less than 21 years of age and is convicted of the
possession of less than 1
32-8 ounce of marijuana:
32-9 (a) For the
first and second offense, is guilty of a category E felony and
32-10 shall be punished as provided in NRS 193.130.
32-11 (b) For a
third or subsequent offense, is guilty of a category D felony
32-12 and shall be punished as provided in NRS 193.130,
and may be further
32-13 punished by a fine of not more than $20,000.
32-14 5. Before sentencing under the provisions of
subsection 4 for a first
32-15 offense, the court shall require the parole and
probation officer to submit a
32-16 presentencing report on the person convicted in
accordance with the
32-17 provisions of NRS 176A.200. After the report is
received but before
32-18 sentence is pronounced the court shall:
32-19 (a) Interview
the person convicted and make a determination as to the
32-20 possibility of his rehabilitation; and
32-21 (b) Conduct a
hearing at which evidence may be presented as to the
32-22 possibility of rehabilitation and any other relevant
information.
32-23 6. As used in this section, “controlled
substance” includes
32-24 flunitrazepam, gamma-hydroxybutyrate and each
substance for which
32-25 flunitrazepam or gamma-hydroxybutyrate is an
immediate precursor.
32-26 Sec. 69. NRS
453.371 is hereby amended to read as follows:
32-27 453.371 As used in NRS 453.371 to 453.552, inclusive:
32-28 1. “Medical intern” means a medical graduate
acting as an assistant in
32-29 a hospital for the purpose of clinical training.
32-30 2. “Physician,” [“physician’s]
“physician assistant,”
“dentist,”
32-31 “podiatric physician,” “veterinarian,” “pharmacist”
and “euthanasia
32-32 technician” mean persons authorized by a valid
license to practice their
32-33 respective professions in this state who are
registered with the board.
32-34 Sec. 70. NRS
453.375 is hereby amended to read as follows:
32-35 453.375 A controlled substance may be possessed and
administered by
32-36 the following persons:
32-37 1. A practitioner.
32-38 2. A registered nurse licensed to practice
professional nursing or
32-39 licensed practical nurse, at the direction of a
physician, [physician’s]
32-40 physician assistant, dentist,
podiatric physician or advanced practitioner of
32-41 nursing, or pursuant to a chart order, for
administration to a patient at
32-42 another location.
32-43 3. An advanced emergency medical technician:
32-44 (a) As
authorized by regulation of:
32-45 (1) The
state board of health in a county whose population is less
32-46 than 100,000; or
32-47 (2) A county
or district board of health in a county whose population
32-48 is 100,000 or more; and
32-49 (b) In
accordance with any applicable regulations of:
33-1 (1) The
state board of health in a county whose population is less
33-2 than 100,000;
33-3 (2) A
county board of health in a county whose population is 100,000
33-4 or more; or
33-5 (3) A
district board of health created pursuant to NRS 439.370 in any
33-6 county.
33-7 4. A respiratory therapist, at the direction of
a physician or
33-8 [physician’s] physician
assistant.
33-9 5. A medical student, student in training to
become a [physician’s]
33-10 physician assistant or student nurse
in the course of his studies at an
33-11 approved college of medicine or school of
professional or practical
33-12 nursing, at the direction of a physician or [physician’s]
physician assistant
33-13 and:
33-14 (a) In the
presence of a physician, [physician’s] physician assistant or a
33-15 registered nurse; or
33-16 (b) Under the
supervision of a physician, [physician’s] physician
33-17 assistant or a registered nurse if the student is
authorized by the college or
33-18 school to administer the substance outside the
presence of a physician,
33-19 [physician’s] physician
assistant or nurse.
33-20 A medical student or student nurse may administer a
controlled substance
33-21 in the presence or under the supervision of a
registered nurse alone only if
33-22 the circumstances are such that the registered nurse
would be authorized to
33-23 administer it personally.
33-24 6. An ultimate user or any person whom the
ultimate user designates
33-25 pursuant to a written agreement.
33-26 7. Any person designated by the head of a
correctional institution.
33-27 8. A veterinary technician at the direction of
his supervising
33-28 veterinarian.
33-29 9. In accordance with applicable regulations of
the state board of
33-30 health, an employee of a residential facility for
groups, as defined in NRS
33-31 449.017, pursuant to a written agreement entered
into by the ultimate user.
33-32 10. In accordance with applicable regulations of
the state board of
33-33 pharmacy, an animal control officer, a wildlife
biologist or an employee
33-34 designated by a federal, state or local governmental
agency whose duties
33-35 include the control of domestic, wild and predatory
animals.
33-36 Sec. 71. NRS
453.381 is hereby amended to read as follows:
33-37 453.381 1. In
addition to the limitations imposed by NRS 453.256, a
33-38 physician, [physician’s] physician assistant, dentist or podiatric
physician
33-39 may prescribe or administer controlled substances
only for a legitimate
33-40 medical purpose and in the usual course of his
professional practice, and he
33-41 shall not prescribe, administer or dispense a
controlled substance listed in
33-42 schedule II for himself, his spouse or his children
except in cases of
33-43 emergency.
33-44 2. A veterinarian, in the course of his
professional practice only, and
33-45 not for use by a human being, may prescribe, possess
and administer
33-46 controlled substances, and he may cause them to be
administered by a
33-47 veterinary technician under his direction and
supervision.
33-48 3. A euthanasia technician, within the scope of
his license, and not for
33-49 use by a human being, may possess and administer
sodium pentobarbital.
34-1 4. A pharmacist shall not fill an order which purports
to be a
34-2 prescription if he has reason to believe that it was
not issued in the usual
34-3 course of the professional practice of a physician, [physician’s]
physician
34-4 assistant, dentist, podiatric physician or
veterinarian.
34-5 5. Any person who has obtained from a physician,
[physician’s]
34-6 physician assistant, dentist,
podiatric physician or veterinarian any
34-7 controlled substance for administration to a patient
during the absence of
34-8 the physician, [physician’s]
physician assistant,
dentist, podiatric physician
34-9 or veterinarian shall return to him any unused
portion of the substance
34-10 when it is no longer required by the patient.
34-11 6. A manufacturer, wholesale supplier or other
person legally able to
34-12 furnish or sell any controlled substance listed in
schedule II shall not
34-13 provide samples of such a controlled substance to
registrants.
34-14 7. A salesman of any manufacturer or wholesaler
of pharmaceuticals
34-15 shall not possess, transport or furnish any
controlled substance listed in
34-16 schedule II.
34-17 8. A person shall not dispense a controlled
substance in violation of a
34-18 regulation adopted by the board.
34-19 Sec. 72. NRS
453.391 is hereby amended to read as follows:
34-20 453.391 A person shall not:
34-21 1. Unlawfully take, obtain or attempt to take or
obtain a controlled
34-22 substance or a prescription for a controlled
substance from a manufacturer,
34-23 wholesaler, pharmacist, physician, [physician’s]
physician assistant,
34-24 dentist, veterinarian or any other person authorized
to administer, dispense
34-25 or possess controlled substances.
34-26 2. While undergoing treatment and being supplied
with any controlled
34-27 substance or a prescription for any controlled
substance from one
34-28 practitioner, knowingly obtain any controlled
substance or a prescription
34-29 for a controlled substance from another practitioner
without disclosing this
34-30 fact to the second practitioner.
34-31 Sec. 73. NRS
454.00958 is hereby amended to read as follows:
34-32 454.00958 “Practitioner” means:
34-33 1. A physician, dentist, veterinarian or
podiatric physician who holds a
34-34 valid license to practice his profession in this
state.
34-35 2. A pharmacy, hospital or other institution
licensed or registered to
34-36 distribute, dispense, conduct research with respect
to or to administer a
34-37 dangerous drug in the course of professional
practice in this state.
34-38 3. When relating to the prescription of poisons,
dangerous drugs and
34-39 devices:
34-40 (a) An
advanced practitioner of nursing who holds a certificate from the
34-41 state board of nursing and a certificate from the
state board of pharmacy
34-42 permitting him so to prescribe; or
34-43 (b) A [physician’s]
physician assistant
who holds a license from the
34-44 [state] board of medical examiners and a certificate
from the state board of
34-45 pharmacy permitting him so to prescribe.
34-46 4. An optometrist who is certified to prescribe
and administer
34-47 dangerous drugs pursuant to NRS 636.288 when he
prescribes or
34-48 administers dangerous drugs which are within the
scope of his certification.
35-1 Sec. 74. NRS
454.213 is hereby amended to read as follows:
35-2 454.213 A drug or medicine referred to in NRS 454.181
to 454.371,
35-3 inclusive, may be possessed and administered by:
35-4 1. A practitioner.
35-5 2. A [physician’s] physician assistant at the direction of his
35-6 supervising physician or a licensed dental hygienist
acting in the office of
35-7 and under the supervision of a dentist.
35-8 3. Except as otherwise provided in subsection 4,
a registered nurse
35-9 licensed to practice professional nursing or
licensed practical nurse, at the
35-10 direction of a prescribing physician, dentist,
podiatric physician or
35-11 advanced practitioner of nursing, or pursuant to a
chart order, for
35-12 administration to a patient at another location.
35-13 4. In accordance with applicable regulations of
the board, a registered
35-14 nurse licensed to practice professional nursing or
licensed practical nurse
35-15 who is:
35-16 (a) Employed
by a health care agency or health care facility that is
35-17 authorized to provide emergency care, or to respond
to the immediate
35-18 needs of a patient, in the residence of the patient;
and
35-19 (b) Acting
under the direction of the medical director of that agency or
35-20 facility who works in this state.
35-21 5. An intermediate emergency medical technician
or an advanced
35-22 emergency medical technician, as authorized by
regulation of the state
35-23 board of pharmacy and in accordance with any
applicable regulations of:
35-24 (a) The state
board of health in a county whose population is less than
35-25 100,000;
35-26 (b) A county
board of health in a county whose population is 100,000 or
35-27 more; or
35-28 (c) A district
board of health created pursuant to NRS 439.370 in any
35-29 county.
35-30
6. A respiratory therapist employed in a health
care facility. The
35-31 therapist may possess and administer respiratory
products only at the
35-32 direction of a physician.
35-33 7. A dialysis technician, under the direction or
supervision of a
35-34 physician or registered nurse only if the drug or
medicine is used for the
35-35 process of renal dialysis.
35-36 8. A medical student or student nurse in the
course of his studies at an
35-37 approved college of medicine or school of professional
or practical
35-38 nursing, at the direction of a physician and:
35-39 (a) In the
presence of a physician or a registered nurse; or
35-40 (b) Under the
supervision of a physician or a registered nurse if the
35-41 student is authorized by the college or school to
administer the drug or
35-42 medicine outside the presence of a physician or
nurse.
35-43 A medical student or student nurse may administer a
dangerous drug in the
35-44 presence or under the supervision of a registered
nurse alone only if the
35-45 circumstances are such that the registered nurse
would be authorized to
35-46 administer it personally.
35-47 9. Any person designated by the head of a
correctional institution.
35-48 10. An ultimate user or any person designated by
the ultimate user
35-49 pursuant to a written agreement.
36-1 11. A nuclear medicine technologist, at the
direction of a physician
36-2 and in accordance with any conditions established by
regulation of the
36-3 board.
36-4 12. A radiologic technologist, at the direction
of a physician and in
36-5 accordance with any conditions established by
regulation of the board.
36-6 13. A chiropractic physician, but only if the
drug or medicine is a
36-7 topical drug used for cooling and stretching
external tissue during
36-8 therapeutic treatments.
36-9 14. A physical therapist, but only if the drug or
medicine is a topical
36-10 drug which is:
36-11 (a) Used for
cooling and stretching external tissue during therapeutic
36-12 treatments; and
36-13 (b) Prescribed
by a licensed physician for:
36-14 (1) Iontophoresis;
or
36-15 (2) The
transmission of drugs through the skin using ultrasound.
36-16 15. In accordance with applicable regulations of
the state board of
36-17 health, an employee of a residential facility for
groups, as defined in NRS
36-18 449.017, pursuant to a written agreement entered
into by the ultimate user.
36-19 16. A veterinary technician at the direction of
his supervising
36-20 veterinarian.
36-21 17. In accordance with applicable regulations of
the board, a registered
36-22 pharmacist who:
36-23 (a) Is trained
in and certified to carry out standards and practices for
36-24 immunization programs;
36-25 (b) Is
authorized to administer immunizations pursuant to written
36-26 protocols from a physician; and
36-27 (c) Administers
immunizations in compliance with the “Standards of
36-28 Immunization Practices” recommended and approved by
the United States
36-29 Public Health Service Advisory Committee on
Immunization Practices.
36-30 Sec. 75. NRS
454.215 is hereby amended to read as follows:
36-31 454.215 A dangerous drug may be dispensed by:
36-32 1. A registered pharmacist upon the legal
prescription from a
36-33 practitioner or to a pharmacy in a correctional
institution upon the written
36-34 order of the prescribing practitioner in charge;
36-35 2. A pharmacy in a correctional institution, in
case of emergency, upon
36-36 a written order signed by the chief medical officer;
36-37 3. A practitioner, or a [physician’s]
physician assistant
if authorized by
36-38 the board;
36-39 4. A registered nurse, when the nurse is engaged
in the performance of
36-40 any public health program approved by the board;
36-41 5. A medical intern in the course of his
internship;
36-42 6. An advanced practitioner of nursing who holds
a certificate from the
36-43 state board of nursing and a certificate from the
state board of pharmacy
36-44 permitting him to dispense dangerous drugs;
36-45 7. A registered nurse employed at an institution
of the department of
36-46 prisons to an offender in that institution; or
36-47 8. A registered pharmacist from an institutional
pharmacy pursuant to
36-48 regulations adopted by the board,
37-1 except that no person may dispense a dangerous drug
in violation of a
37-2 regulation adopted by the board.
37-3 Sec. 76. NRS
454.221 is hereby amended to read as follows:
37-4 454.221 1. A
person who furnishes any dangerous drug except upon
37-5 the prescription of a practitioner is guilty of a
category D felony and shall
37-6 be punished as provided in NRS 193.130, unless the
dangerous drug was
37-7 obtained originally by a legal prescription.
37-8 2. The provisions of this section do not apply
to the furnishing of any
37-9 dangerous drug by:
37-10 (a) A
practitioner to his patients;
37-11 (b) A [physician’s]
physician assistant
if authorized by the board;
37-12 (c) A
registered nurse while participating in a public health program
37-13 approved by the board, or an advanced practitioner
of nursing who holds a
37-14 certificate from the state board of nursing and a
certificate from the state
37-15 board of pharmacy permitting him to dispense
dangerous drugs;
37-16 (d) A
manufacturer or wholesaler or pharmacy to each other or to a
37-17 practitioner or to a laboratory under records of
sales and purchases that
37-18 correctly give the date, the names and addresses of
the supplier and the
37-19 buyer, the drug and its quantity;
37-20 (e) A hospital
pharmacy or a pharmacy so designated by a county health
37-21 officer in a county whose population is 100,000 or
more, or by a district
37-22 health officer in any county within its jurisdiction
or, in the absence of
37-23 either, by the state health officer or his
designated medical director of
37-24 emergency medical services, to a person or agency
described in subsection
37-25 3 of NRS 639.268 to stock ambulances or other
authorized vehicles or
37-26 replenish the stock; or
37-27 (f) A pharmacy
in a correctional institution to a person designated by
37-28 the director of the department of prisons to
administer a lethal injection to a
37-29 person who has been sentenced to death.
37-30 Sec. 77. NRS
484.393 is hereby amended to read as follows:
37-31 484.393 1. The
results of any blood test administered under the
37-32 provisions of NRS 484.383 or 484.391 are not
admissible in any hearing or
37-33 criminal action arising out of acts alleged to have
been committed by a
37-34 person who was driving or in actual physical control
of a vehicle while
37-35 under the influence of intoxicating liquor or a
controlled substance or who
37-36 was engaging in any other conduct prohibited by NRS
484.379 or
37-37 484.3795 unless:
37-38 (a) The blood
tested was withdrawn by a physician, [physician’s]
37-39 physician assistant, registered nurse,
licensed practical nurse, emergency
37-40 medical technician or a technician, technologist or
assistant employed in a
37-41 medical laboratory;
37-42 (b) The test
was performed on whole blood, except if the sample was
37-43 clotted when it was received by the laboratory, the
test may be performed
37-44 on blood serum or plasma; and
37-45 (c) The person
who withdrew the blood was authorized to do so by the
37-46 appropriate medical licensing or certifying agency.
37-47 2. The limitation contained in paragraph (a) of
subsection 1 does not
37-48 apply to the taking of a chemical test of the urine,
breath or other bodily
37-49 substance.
38-1 3. No person listed in paragraph (a) of
subsection 1 incurs any civil or
38-2 criminal liability as a result of the administering
of a blood test when
38-3 requested by a police officer or the person to be
tested to administer the
38-4 test.
38-5 Sec. 78. NRS
630.256, 630.272, 630.274 640B.010, 640B.020,
38-6 640B.030, 640B.040, 640B.050, 640B.080, 640B.100,
640B.110 and
38-7 640B.150 are hereby repealed.
38-8 Sec. 79. A
person who, on July 1, 2001, holds a license as a
38-9 physician’s assistant issued by the board of medical
examiners shall be
38-10 deemed to hold a license as a physician assistant
until his license as a
38-11 physician’s assistant is renewed as a license as a
physician assistant,
38-12 expires or is revoked, whichever occurs first.
38-13 Sec. 80. Notwithstanding
the amendatory provisions of section 44 of
38-14 this act to the contrary, a practitioner of
respiratory care who, on July 1,
38-15 2001, is certified to practice respiratory care in
this state pursuant to
38-16 chapter 640B of NRS may continue to practice
respiratory care in this state
38-17 pursuant to the certification, but must obtain a
license from the board of
38-18 medical examiners before January 1, 2002. On and
after January 1, 2002, a
38-19 person shall not practice respiratory care in this
state unless he holds a
38-20 license issued by the board of medical examiners.
38-21 Sec. 81. 1. This section becomes effective upon passage
and
38-22 approval.
38-23 2. Sections 1 to 80, inclusive, and 82 of this
act become effective upon
38-24 passage and approval for the purpose of adopting
regulations and taking
38-25 such other actions as necessary to regulate
practitioners of respiratory care,
38-26 and on July 1, 2001, for all other purposes.
38-27 3. The amendatory provisions of sections 8, 19,
24, 26 and 41 of this
38-28 act expire by limitation on the date on which the
provisions of 42 U.S.C. §
38-29 666 requiring each state to establish procedures
under which the state has
38-30 authority to withhold or suspend, or to restrict the
use of professional,
38-31 occupational and recreational licenses of persons
who:
38-32 (a) Have
failed to comply with a subpoena or warrant relating to a
38-33 proceeding to determine the paternity of a child or
to establish or enforce
38-34 an obligation for the support of a child; or
38-35 (b) Are in
arrears in the payment for the support of one or more
38-36 children,
38-37 are repealed by the Congress of the United States.
38-38 Sec. 82. 1. Except as otherwise provided in subsection 2,
the
38-39 legislative counsel shall:
38-40 (a) In
preparing the reprint and supplements to the Nevada Revised
38-41 Statutes, appropriately change any references to
physician’s assistant or
38-42 any variation thereof, to physician assistant, or
any appropriate variation
38-43 thereof.
38-44 (b) In
preparing supplements to the Nevada Administrative Code,
38-45 appropriately change any references to physician’s
assistant or any
38-46 variation thereof, to physician assistant, or any
appropriate variation
38-47 thereof.
39-1 2. The legislative counsel shall not, pursuant
to subsection 1, change
39-2 any references to osteopathic physician’s assistant
or any variation thereof
39-3 that appear in the Nevada Revised Statutes or the
Nevada Administrative
39-4 Code.
39-5 LEADLINES OF
REPEALED SECTIONS
39-6 630.256 Retired licensees: Duties; requirements for
reinstatement.
39-7 630.272 Physician’s assistant employed at institution
of
39-8 department of prisons: Authorized services.
39-9 630.274 Physician’s assistant: Supervision by
osteopathic
39-10 physician.
39-11 640B.010
Legislative declaration.
39-12 640B.020 Definitions.
39-13 640B.030 “Practice
of respiratory care” defined.
39-14 640B.040 “Practitioner
of respiratory care” defined.
39-15 640B.050 “Respiratory
care” defined.
39-16 640B.080 Applicability
of chapter.
39-17 640B.100
Prescription required.
39-18 640B.110 Qualifications;
certification required; prohibited acts;
39-19 practice as intern.
39-20 640B.150 Unlawful
acts; penalty.
39-21 H