NRS630.127. Performance audits of Board.

      1.  In addition to any other audits required of the Board by law, the Legislative Commission shall issue to the Federation of State Medical Boards of the United States, Inc., a request for proposal to conduct regular performance audits of the Board. After considering the response to the request for proposal, if the Legislative Commission finds that the Federation of State Medical Boards of the United States, Inc., has the ability to conduct fair and impartial performance audits of the Board, the Legislative Commission shall engage the services of the Federation of State Medical Boards of the United States, Inc., to conduct regular performance audits of the Board. If the Legislative Commission finds that the Federation of State Medical Boards of the United States, Inc., does not have the ability to conduct fair and impartial performance audits of the Board or is otherwise unable to conduct such performance audits, the Legislative Commission shall direct the Audit Division of the Legislative Counsel Bureau to conduct regular performance audits of the Board.

      2.  The initial performance audit of the Board must be commenced before October 1, 2003. After the initial performance audit is completed, additional performance audits must be conducted:

      (a) Once every 8 years, for the preceding 8-year period; or

      (b) Whenever ordered by the Legislative Commission, for the period since the last performance audit was conducted pursuant to this section.

      3.  A written report of the results of the initial performance audit must be submitted to the Secretary of the Legislative Commission not later than 60 days after the date that the initial performance audit is commenced. A written report of the results of each subsequent performance audit must be submitted to the Secretary of the Legislative Commission as soon as practicable after the date that the performance audit is commenced.

      4.  Upon receipt of the written report of the results of each performance audit, the Secretary of the Legislative Commission shall:

      (a) Distribute the report to the members of the Legislative Commission and to any other Legislator who requests a copy of the report; and

      (b) Not later than 30 days after receipt of the report, make the report available to the public.

      5.  The Board shall pay all costs related to each performance audit conducted pursuant to this section.

      6.  Any person who conducts a performance audit pursuant to this section:

      (a) Is directly responsible to the Legislative Commission;

      (b) Must be sufficiently qualified to conduct the performance audit; and

      (c) Must never have conducted an audit of the Board pursuant to NRS 218G.400 or have been affiliated, in any way, with a person who has conducted an audit of the Board pursuant to NRS 218G.400.

      7.  Each performance audit conducted pursuant to this section must include, without limitation, a comprehensive review and evaluation of:

      (a) The methodology and efficiency of the Board in responding to complaints filed by the public against a licensee;

      (b) The methodology and efficiency of the Board in responding to complaints filed by a licensee against another licensee;

      (c) The methodology and efficiency of the Board in conducting investigations of licensees who have had two or more malpractice claims filed against them within a period of 12 months;

      (d) The methodology and efficiency of the Board in conducting investigations of licensees who have been subject to one or more peer review actions at a medical facility that resulted in the licensee losing professional privileges at the medical facility for more than 30 days within a period of 12 months;

      (e) The methodology and efficiency of the Board in taking preventative steps or progressive actions to remedy or deter any unprofessional conduct by a licensee before such conduct results in a violation under this chapter that warrants disciplinary action; and

      (f) The managerial and administrative efficiency of the Board in using the fees that it collects pursuant to this chapter.

      (Added to NRS by 2003, 3428)