AB 334 — Makes various changes relating to the Board of Medical Examiners. (BDR 54-943)

A.B.Assembly Bill No.

334334–Assemblywoman AJauregui SSEMBLYCHAPTER.......... BILL N O.

334–ASSEMBLYWOMAN JAUREGUI M ARCH 18, 2019 ____________ Referred to Committee on Commerce and Labor SUMMARY—Makes various changes relating to the Board of Medical Examiners.

(BDR 54-943) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing law sets forth certain provisions that are applicable to regulatory bodies that regulate certain occupations and professions.

(Chapter 622 of NRS)NRS)y Section 1 of this bill allows such a regulatory body to recover the fees for hearing officers as costs incurred by the regulatory body as part of investigative, authorizesadministrative theand Boarddisciplinary ofproceedings Medicalagainst Examiners, under certain circumstances, to meet atll a locationperson. at which video conference facilities are not available.

Section 32 of this bill authorizes the Board of Medical Examiners, under certain circumstances, to meet at bill provides that a violation of the provisions of existing law which regulate this pharmacists and pharmacy by certain practitioners constitutes grounds for initiating disciplinary action or denying a license by the Board.

Section 3 also provides that a licensee or applicant does not have to report to the Board disciplinary actions which originated with the Board.

Section 4 of this bill revises the deadline for issuingichissuing final orders that impose discipline.

-EXPLANATION *AB334* – 2Matter –in THEbolded PEOPLEitalics OFis THEnew; STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

- 80th Session (2019) – 2 – (a) Costs of an investigation.

(f)(g) FeesExpenses for serviceresearch, andincluding, deliverywithout oflimitation,s. process and subpoenas.

(g) Expenses for research, including, without limitation, reasonable and necessary expenses for computerized services for legal research.

If there is a quorum, a vote of the majority of the members present is all that is necessary to - *AB334* – 3 – transact any business before the Board or the committee or panel appointed by the Board.

Sec.

3.

NRS 630.306 is hereby amended to read as follows:

The following acts, among others, constituteconstituteows: grounds for initiating disciplinary action or denying licensure:

grounds for initiating disciplinary action or denying licensure:

- 80th Session (2019) – 3 – (c) Administering, dispensing or prescribing any controlled substance, or any dangerous drug as defined in chapter 454 of NRS, to or for himself or herself or to others except as authorized by law.

(e) Practicing or offering to practice beyond the scope permitted by law or performing services which the licensee knows or has reason to know that he or she is not competent to perform or which areare(f) beyondPerforming, without first obtaining the scopeinformed consent of histhe patient or herthe training.patient’s family, any procedure or prescribing any therapy which by the current standards of the practice of medicine is experimental.

the patient or the patient’s family, any procedure or prescribing any therapy which by the current standards of the practice of medicine is experimental.

(k) Failure by a licensee or applicant to report in writing, within 30 days, any disciplinary action taken against the licensee or applicant by another state, the Federal Government or a foreign country, including, without limitation, the revocation, suspension or surrender of a license to practice medicine in another jurisdiction.

The provisions of this paragraph do not apply to any disciplinary - *AB334* – 4 – action taken by the BoardBoard.or or taken because of any disciplinary (l) Failure by a licensee or applicant to report in writing, within days, any criminal action taken or conviction obtained against the licensee or applicant, other than a minor traffic violation, in this State or any other state or by the Board.Federal Government, a branch of the Armed Forces of the United States or any local or federal jurisdiction of a foreign country.

(l) Failure by a licensee or applicant to report in writing, within 30 days, any criminal action taken or conviction obtained against the licensee or applicant, other than a minor traffic violation, in this State or any other state or by the Federal Government, a branch of the Armed Forces of the United States or any local or federal jurisdiction of a foreign country.

or - 80th Session (2019) – 4 – (2) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

(q) Knowingly or willfully procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance ororg dangerous drug:

(1) Was procured through a retail pharmacy licensed pursua(2) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRSNRS; and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328;

(2) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328;

2.product” has the meaning ascribed to it in NRS 454.351.or biological Sec.

As used in this section, “investigational drug or biological product” has the meaning ascribed to it in NRS 454.351.

- *AB334* – 5 – Sec.