Nevada § 449.210 - Penalties for unlicensed operation of medical facility, facility for the dependent or other facility required to be licensed by Division; cease and desist order; authority of Division to bring action; penalty for operating without a license; use of money collected

§ 449.210. Penalties for unlicensed operation of medical facility, facility for the dependent or other facility required to be licensed by Division; cease and desist order; authority of Division to bring action; penalty for operating without a license; use of money collected

1. In addition to the payment of the amount required by NRS 449.0308 and any civil penalty imposed pursuant to subsection 4, a person who operates a medical

facility, facility for the dependent or a facility which is required by the regulations

adopted by the Board pursuant to NRS 449.0303 to be licensed without a license issued by the Division is guilty of a misdemeanor. 2. If the Division believes that a person is operating a medical facility, facility

for the dependent or a facility which is required by the regulations adopted by the

Board pursuant to NRS 449.0303 to be licensed without such a license, the Division may issue an order to cease and

desist the operation of the facility. The order must be served upon the person by personal delivery or by certified or

registered mail, return receipt requested. The order is effective upon service. 3. If a person does not voluntarily cease operating a medical facility, facility for

the dependent or a facility which is required by the regulations adopted by the Board

pursuant to NRS 449.0303 to be licensed without a license or apply for licensure within 30 days after the

date of service of the order pursuant to subsection 2, the Division may bring an action

in a court of competent jurisdiction pursuant to NRS 449.220 . 4. Upon a showing by the Division that a person is operating a medical facility, facility

for the dependent or a facility which is required by the regulations adopted by the

Board pursuant to NRS 449.0303 to be licensed without a license, a court of competent jurisdiction may: (a) Enjoin the person from operating the facility. (b) Impose a civil penalty on the operator to be recovered by the Division of not

more than $10,000 for the first offense or not less than $10,000 or more than $25,000

for a second or subsequent offense. 5. Unless otherwise required by federal law, the Division shall deposit all civil

penalties collected pursuant to paragraph (b) of subsection 4 into a separate account

in the State General Fund to be used to administer and carry out the provisions of NRS 449.001 to 449.430 , inclusive, and to protect the health, safety, well-being and property of the patients

and residents of facilities in accordance with applicable state and federal standards.