Disposition of charges: Service of order finding violation or notice of dismissal of charges; disclosure of complaint; required disciplinary action for violations; private reprimands prohibited; orders imposing discipline deemed public records.
1. Any member of the Board, except for an advisory member serving on a panel of the Board hearing charges, may participate in the final order of the Board. If the Board, after a formal hearing, determines from a preponderance of the evidence that a violation of the provisions of this chapter or of the regulations of the Board has occurred, it shall issue and serve on the physician charged an order, in writing, containing its findings and any sanctions.
2. If the Board determines that no violation has occurred, it shall dismiss the charges, in writing, and notify the physician that the charges have been dismissed. If the disciplinary proceedings were instituted against the physician as a result of a complaint filed against him, the Board may provide the physician with a copy of the complaint.
3. Except as otherwise provided in subsection 4, if the Board finds that a violation has occurred, it shall by order take one or more of the following actions:
(a) Place the person on probation for a specified period on any of the conditions specified in the order;
(b) Administer to him a public reprimand;
(c) Limit his practice or exclude one or more specified branches of medicine from his practice;
(d) Suspend his license for a specified period or until further order of the Board;
(e) Revoke his license to practice medicine, but only in accordance with the provisions of NRS 630.348;
(f) Require him to participate in a program to correct alcohol or drug dependence or any other impairment;
(g) Require supervision of his practice;
(h) Impose a fine not to exceed $5,000;
(i) Require him to perform community service without compensation;
(j) Require him to take a physical or mental examination or an examination testing his competence; and
(k) Require him to fulfill certain training or educational requirements.
4. If the Board finds that the physician has violated the provisions of NRS 439B.425, the Board shall suspend his license for a specified period or until further order of the Board.
5. The Board shall not administer a private reprimand if the Board finds that a violation has occurred.
6. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.
Last modified: February 27, 2006