Current through December 31, 2024
Section 631.250 - Investigation by Board1. If a complaint is referred to the Executive Director for the appointment of an investigator pursuant to section 2 or 3, the Executive Director shall appoint an investigator. An investigator appointed pursuant to this subsection is an agent of the Board.2. Upon the appointment of an investigator pursuant to subsection 1, the investigator shall notify the person who is the subject of the complaint of the investigation by certified mail with return receipt requested and electronic mail. The notice must include, without limitation:(a) A copy of the complaint; and(b) An attestation from the Executive Director and the investigator that the Executive Director and the investigator:(1) Are aware of the identity of the person who is the subject of the complaint; and(2) Will not disclose the identity of the person to:(I) The screening consultant appointed pursuant to section 4; or(II) The review panel appointed pursuant to NRS 631.3635 or any member thereof.3. The Board and the investigator will limit the scope of the investigation to the matters set forth in the complaint. 4. A person who receives notification pursuant to subsection 2 that he or she is the subject of an investigation:(a) Except as otherwise provided in this paragraph, shall, not later than 30 days after receiving the notice, provide to the investigator all records concerning any patient to whom the investigation pertains for the 5 years immediately preceding the date of the complaint. The Executive Director may grant reasonable requests from a person who is the subject of an investigation to extend the time period prescribed by this paragraph.(b) May provide to the investigator a written response to the complaint and any other information that the person determines may be useful in investigating the complaint.5. If, after its investigation, the Board determines that the person who is the subject of the complaint has not engaged in conduct that is grounds for disciplinary action pursuant to NRS 631.350, the Board will remand the complaint. The allegations in the complaint must not be used in any subsequent complaint or investigation unless the Board receives additional information from the complainant that is relevant to the complaint.6. Whenever the Board directs that an investigation be conducted into a disciplinary matter, the results of the investigation or any information relating to the investigation will not be examined by and must not be disclosed to, the members of the hearing panel appointed pursuant to section 6 before the hearing on the matter.Nev. Admin. Code § 631.250
Bd. of Dental Exam'rs, §XVIII, eff. 7-21-82; A by R073-22A, eff. 11/1/2024NRS 631.190, 631.360, 631.363