Nevada § 633.533 - General requirements for filing complaint; mandatory filing of complaint by licensee, medical school or medical facility; medical facilities and societies required to report certain information concerning privileges and disciplinary action; administrative fine for failure to report; clerk of court required to report certain information concerning court actions

§ 633.533. General requirements for filing complaint; mandatory filing of complaint by licensee, medical school or medical facility; medical facilities and societies required to report certain information concerning privileges and disciplinary action; administrative fine for failure to report; clerk of court required to report certain information concerning court actions

1. Except as otherwise provided in subsection 2, any person may file with the Board

a complaint against an osteopathic physician, physician assistant or anesthesiologist

assistant on a form provided by the Board. The form may be submitted in writing or electronically. If a complaint is submitted anonymously, the Board may accept the complaint but

may refuse to consider the complaint if the lack of the identity of the complainant

makes processing the complaint impossible or unfair to the person who is the subject

of the complaint. 2. Any licensee, medical school or medical facility that becomes aware that a person

practicing osteopathic medicine or practicing as a physician assistant or anesthesiologist

assistant in this State has, is or is about to become engaged in conduct which constitutes

grounds for initiating disciplinary action shall file a written complaint with the

Board within 30 days after becoming aware of the conduct. 3. Except as otherwise provided in subsection 4, any hospital, clinic or other medical

facility licensed in this State, or medical society, shall file a written report with

the Board of any change in the privileges of an osteopathic physician, physician assistant

or anesthesiologist assistant to practice while the osteopathic physician, physician

assistant or anesthesiologist assistant is under investigation, and the outcome of

any disciplinary action taken by the facility or society against the osteopathic physician,

physician assistant or anesthesiologist assistant concerning the care of a patient

or the competency of the osteopathic physician, physician assistant or anesthesiologist

assistant, within 30 days after the change in privileges is made or disciplinary action

is taken. 4. A hospital, clinic or other medical facility licensed in this State, or medical

society, shall report to the Board within 5 days after a change in the privileges

of an osteopathic physician, physician assistant or anesthesiologist assistant that

is based on: (a) An investigation of the mental, medical or psychological competency of the osteopathic

physician, physician assistant or anesthesiologist assistant; or (b) A suspected or alleged substance use disorder in any form by the osteopathic physician,

physician assistant or anesthesiologist assistant. 5. The Board shall report any failure to comply with subsection 3 or 4 by a hospital,

clinic or other medical facility licensed in this State to the Division of Public

and Behavioral Health of the Department of Health and Human Services. If, after a hearing, the Division determines that any such facility or society failed

to comply with the requirements of subsection 3 or 4, the Division may impose an administrative

fine of not more than $10,000 against the facility or society for each such failure

to report. If the administrative fine is not paid when due, the fine must be recovered in a

civil action brought by the Attorney General on behalf of the Division. 6. The clerk of every court shall report to the Board any finding, judgment or other

determination of the court that an osteopathic physician, physician assistant or anesthesiologist

assistant: (a) Is mentally ill; (b) Is mentally incompetent; (c) Has been convicted of a felony or any law governing controlled substances or dangerous

drugs; (d) Is guilty of abuse or fraud under any state or federal program providing medical

assistance; or (e) Is liable for damages for malpractice or negligence, within 45 days after the finding, judgment or determination.