NRS654.190. Authorized disciplinary action; grounds for disciplinary action; notice of hearing; subpoenas; orders imposing discipline deemed public records; jurisdiction of Board.  


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  •       1.  The Board may, after notice and an opportunity for a hearing as required by law, impose an administrative fine of not more than $10,000 for each violation on, recover reasonable investigative fees and costs incurred from, suspend, revoke, deny the issuance or renewal of or place conditions on the license of, and place on probation or impose any combination of the foregoing on any nursing facility administrator or administrator of a residential facility for groups who:

          (a) Is convicted of a felony relating to the practice of administering a nursing facility or residential facility or of any offense involving moral turpitude.

          (b) Has obtained his or her license by the use of fraud or deceit.

          (c) Violates any of the provisions of this chapter.

          (d) Aids or abets any person in the violation of any of the provisions of NRS 449.030 to 449.2428, inclusive, as those provisions pertain to a facility for skilled nursing, facility for intermediate care or residential facility for groups.

          (e) Violates any regulation of the Board prescribing additional standards of conduct for nursing facility administrators or administrators of residential facilities for groups, including, without limitation, a code of ethics.

          (f) Engages in conduct that violates the trust of a patient or resident or exploits the relationship between the nursing facility administrator or administrator of a residential facility for groups and the patient or resident for the financial or other gain of the licensee.

          2.  If a licensee requests a hearing pursuant to subsection 1, the Board shall give the licensee written notice of a hearing pursuant to NRS 233B.121 and 241.034. A licensee may waive, in writing, his or her right to attend the hearing.

          3.  The Board may compel the attendance of witnesses or the production of documents or objects by subpoena. The Board may adopt regulations that set forth a procedure pursuant to which the Chair of the Board may issue subpoenas on behalf of the Board. Any person who is subpoenaed pursuant to this subsection may request the Board to modify the terms of the subpoena or grant additional time for compliance.

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

          5.  The expiration of a license by operation of law or by order or decision of the Board or a court, or the voluntary surrender of a license, does not deprive the Board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.

      (Added to NRS by 1969, 671; A 1971, 938; 1973, 1289; 1977, 94, 1031; 1985, 1771; 1993, 894, 2144; 1999, 3610; 2003, 859, 2731, 3477; 2005, 805; 2007, 1050; 2009, 442, 1446; 2011, 196, 364, 705, 1067, 1362, 2256)