Nev. Admin. Code § 633.470

Current through June 11, 2024
Section 633.470 - Osteopathic physicians: Action by Board after hearing

If the Board, after a hearing on the merits in a disciplinary proceeding, finds that the osteopathic physician is:

1. Not guilty as charged in the formal complaint, the Board will issue a final order dismissing the charges and notify the osteopathic physician that the charges have been dismissed.
2. Guilty as charged in the formal complaint, the Board may:
(a) Before agreeing on a punishment, consider all relevant factors, including, without limitation:
(1) The danger to the health or safety of the public from the violation;
(2) The economic benefit received by the osteopathic physician from the violation;
(3) Any mitigation or aggravation by the osteopathic physician of the effects of the violation;
(4) The extent to which the osteopathic physician demonstrates his or her good faith;
(5) Any previous history of violations by the osteopathic physician;
(6) Whether the osteopathic physician knew or, as a competent osteopathic physician, should have known that the action complained of violated a law, a regulation or a condition on his or her license;
(7) Whether the osteopathic physician has initiated remedial measures to prevent similar violations;
(8) The magnitude of penalties imposed on other osteopathic physicians for similar violations;
(9) The proportionality of the penalty in relation to the misconduct; and
(10) If the osteopathic physician offered evidence of mitigating factors, all such evidence.
(b) Agree on punishment that may, in addition to any sanction authorized pursuant to subsection 1 of NRS 633.651, require the osteopathic physician to:
(1) Participate in a program, approved by the Board, to correct alcohol or drug dependence or any other impairment;
(2) Practice only under supervision approved by the Board and paid for by the osteopathic physician;
(3) Perform public service approved by the Board without compensation;
(4) Submit to a physical or mental examination or a medical competency examination for the purposes of determining his or her fitness to practice osteopathic medicine with reasonable skill and safety to patients;
(5) Fulfill certain training or educational requirements approved by the Board; and
(6) Pay all costs incurred by the Board relating to the disciplinary proceedings.
(c) Issue and serve on the osteopathic physician its final order.

Nev. Admin. Code § 633.470

Added to NAC by Bd. of Osteopathic Med. by R057-02, eff. 10-24-2002; A by R192-07, 12-17-2008

NRS 633.291, 633.651