NRS637.150. Grounds; authorized disciplinary action; private reprimands prohibited; orders imposing discipline deemed public records.

      1.  Upon proof by substantial evidence that an applicant or holder of a license:

      (a) Has been adjudicated insane;

      (b) Habitually uses any controlled substance or intoxicant;

      (c) Has been convicted of a crime involving moral turpitude;

      (d) Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;

      (e) Has advertised in any manner which would tend to deceive, defraud or mislead the public;

      (f) Has presented to the Board any diploma, license or certificate that has been signed or issued unlawfully or under fraudulent representations, or obtains or has obtained a license to practice in this State through fraud of any kind;

      (g) Has been convicted of a violation of any federal or state law relating to a controlled substance;

      (h) Has, without proper verification, dispensed a lens, frame, specially fabricated optical device or other ophthalmic device that does not satisfy the minimum standards established by the Board pursuant to NRS 637.073;

      (i) Has violated any regulation of the Board;

      (j) Has violated any provision of this chapter;

      (k) Is incompetent;

      (l) Is guilty of unethical or unprofessional conduct as determined by the Board;

      (m) Is guilty of repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner;

      (n) Is guilty of a fraudulent or deceptive practice as determined by the Board; or

      (o) Has operated a medical facility, as defined in NRS 449.0151, at any time during which:

             (1) The license of the facility was suspended or revoked; or

             (2) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160,

Ê the Board may, in the case of an applicant, refuse to grant the applicant a license, or may, in the case of a holder of a license, place the holder on probation, reprimand the holder publicly, require the holder to pay an administrative fine of not more than $10,000, suspend or revoke the holder’s license, or take any combination of these disciplinary actions.

      2.  The Board shall not privately reprimand a holder of a license.

      3.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      4.  The provisions of paragraph (o) of subsection 1 apply to an owner or other principal responsible for the operation of the medical facility.

      [Part 5:216:1951; R 1953, 554; new section added 1953, 554] + [7:216:1951]—(NRS A 1971, 2038; 1979, 1198; 1981, 596, 1343; 1983, 1538; 1987, 607, 1565, 1577; 1989, 914; 1993, 791; 2003, 3451; 2005, 772; 2007, 1240; 2009, 891; 2011, 855)