Current through December 31, 2024
Section 633.470 - Osteopathic physicians: Action by Board after hearingIf 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