Nevada § 630.364 - Immunity from civil action; Board prohibited from taking certain action against physician for disclosing certain violations to governmental entity or cooperating in related investigation, hearing or inquiry

§ 630.364. Immunity from civil action; Board prohibited from taking certain action against physician for disclosing certain violations to governmental entity or cooperating in related investigation, hearing or inquiry

1. Any person or organization who furnishes information concerning an applicant for

a license or a licensee in good faith in accordance with the provisions of this chapter

is immune from any civil action for furnishing that information. 2. The Board and any of its members and its staff, counsel, investigators, experts,

peer reviewers, committees, panels, hearing officers, consultants and the employees

or volunteers of a diversion program are immune from any civil liability for: (a) Any decision or action taken in good faith in response to information acquired

by the Board. (b) Disseminating information concerning an applicant for a license or a licensee

to other boards or agencies of the State, the Attorney General, any hospitals, medical

societies, insurers, employers, patients and their families or any law enforcement

agency. 3. Except as otherwise provided in subsection 4, the Board shall not commence an investigation,

impose any disciplinary action or take any other adverse action against a physician

for: (a) Disclosing to a governmental entity a violation of any law, rule or regulation

by an applicant for a license to practice medicine or by a physician; or (b) Cooperating with a governmental entity that is conducting an investigation, hearing

or inquiry into such a violation, including, without limitation, providing testimony

concerning the violation. 4. A physician who discloses information to or cooperates with a governmental entity

pursuant to subsection 3 with respect to the violation of any law, rule or regulation

by the physician is subject to investigation and any other administrative or disciplinary

action by the Board under the provisions of this chapter for such violation. 5. As used in this section: (a) “ Diversion program ” means a program approved by the Board to correct a licensee's alcohol or other substance

use disorder or any other impairment. (b) “ Governmental entity ” includes, without limitation: (1) A federal, state or local officer, employee, agency, department, division, bureau,

board, commission, council, authority or other subdivision or entity of a public employer; (2) A federal, state or local employee, committee, member or commission of the Legislative

Branch of Government; (3) A federal, state or local representative, member or employee of a legislative

body or a county, town, village or any other political subdivision or civil division

of the State; (4) A federal, state or local law enforcement agency or prosecutorial office, or any

member or employee thereof, or police or peace officer; and (5) A federal, state or local judiciary, or any member or employee thereof, or grand

or petit jury.