Nevada § 635.152 - Review and investigation of complaint relating to prescriptions for certain controlled substances; notice to licensee; formal complaint and hearing; referral or postponement of investigation; regulations; explanation or technical advisory bulletin for podiatric physicians relating to relevant law

§ 635.152. Review and investigation of complaint relating to prescriptions for certain controlled substances; notice to licensee; formal complaint and hearing; referral or postponement of investigation; regulations; explanation or technical advisory bulletin for podiatric physicians relating to relevant law

1. The President of the Board or his or her designee shall review and evaluate any

complaint or information received from the Investigation Division of the Department

of Public Safety or the State Board of Pharmacy, including, without limitation, information

provided pursuant to NRS 453.164 , or from a law enforcement agency, professional licensing board or any other source

indicating that: (a) A licensee has issued a fraudulent, illegal, unauthorized or otherwise inappropriate

prescription for a controlled substance listed in schedule II, III or IV; (b) A pattern of prescriptions issued by a licensee indicates that the licensee has

issued prescriptions in the manner described in paragraph (a); or (c) A patient of a licensee has acquired, used or possessed a controlled substance

listed in schedule II, III or IV in a fraudulent, illegal, unauthorized or otherwise

inappropriate manner. 2. If the President of the Board or his or her designee receives information described

in subsection 1 concerning the licensee, the President or his or her designee must

notify the licensee as soon as practicable after receiving the information. 3. A review and evaluation conducted pursuant to subsection 1 must include, without

limitation: (a) A review of relevant information contained in the database of the program established

pursuant to NRS 453.162 ; and (b) A request for additional relevant information from the licensee who is the subject

of the review and evaluation. 4. If, after a review and evaluation conducted pursuant to subsection 1, the President

or his or her designee determines that a licensee may have issued a fraudulent, illegal,

unauthorized or otherwise inappropriate prescription for a controlled substance listed

in schedule II, III or IV, the Board must proceed as if a written complaint had been

filed against the licensee. If, after conducting an investigation and a hearing in accordance with the provisions

of this chapter, the Board determines that the licensee issued a fraudulent, illegal,

unauthorized or otherwise inappropriate prescription, the Board must impose appropriate

disciplinary action. 5. When deemed appropriate, the President of the Board may: (a) Refer information acquired during a review and evaluation conducted pursuant to

subsection 1 to another professional licensing board, law enforcement agency or other

appropriate governmental entity for investigation and criminal or administrative proceedings. (b) Postpone any notification, review or part of such a review required by this section

if he or she determines that it is necessary to avoid interfering with any pending

administrative or criminal investigation into the suspected fraudulent, illegal, unauthorized

or otherwise inappropriate prescribing, dispensing or use of a controlled substance. 6. The Board shall: (a) Adopt regulations providing for disciplinary action against a licensee for inappropriately

prescribing a controlled substance listed in schedule II, III or IV or violating the

provisions of NRS 639.2391 to 639.23916 , inclusive, and any regulations adopted by the State Board of Pharmacy pursuant thereto. Such disciplinary action must include, without limitation, requiring the licensee

to complete additional continuing education concerning prescribing controlled substances

listed in schedules II, III and IV. (b) Develop and disseminate to each podiatric physician licensed pursuant to this

chapter or make available on the Internet website of the Board an explanation or a

technical advisory bulletin to inform those podiatric physicians of the requirements

of this section and NRS 635.153 , 639.23507 and 639.2391 to 639.23916 , inclusive, and any regulations adopted pursuant thereto. The Board shall update the explanation or bulletin as necessary to include any revisions

to those provisions of law or regulations. The explanation or bulletin must include, without limitation, an explanation of

the requirements that apply to specific controlled substances or categories of controlled

substances.