NRS634A.085. Duties of Board concerning written complaints; Attorney General may be retained by Board to conduct investigation of nonfrivolous complaint; prompt determination required by Board; retention of complaints; Attorney General may charge for services.

      1.  If a written complaint regarding a person who practices Oriental medicine is filed with the Board, the Board shall review the complaint. A complaint may be filed anonymously. If a complaint is filed anonymously, the Board may accept the complaint but may refuse to consider the complaint if anonymity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint. If, from the complaint or from other records, it appears that the complaint is not frivolous, the Board may:

      (a) Retain the Attorney General to investigate the complaint; and

      (b) If the Board retains the Attorney General, transmit the original complaint and any facts or information obtained from the review to the Attorney General.

      2.  If the Board retains the Attorney General, the Attorney General shall conduct an investigation of the complaint transmitted to the Attorney General to determine whether it warrants proceedings for the modification, suspension or revocation of the license. If the Attorney General determines that further proceedings are warranted, the Attorney General shall report the results of the investigation and any recommendation to the Board.

      3.  The Board shall promptly make a determination with respect to each complaint reported to it by the Attorney General. The Board shall:

      (a) Dismiss the complaint; or

      (b) Proceed with appropriate disciplinary action.

      4.  The Board shall retain all complaints received by the Board pursuant to this section for at least 10 years, including, without limitation, any complaints not acted upon.

      5.  If the Board retains the Attorney General, the Attorney General may, in accordance with the provisions of NRS 228.113, charge the Board for all services relating to the investigation of a complaint pursuant to subsection 2.

      (Added to NRS by 2001, 1103; A 2009, 887; 2011, 369; 2013, 2228)