Provides for the collection of certain information from physicians. (BDR 54-771)
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AB 278 — Provides for the collection of certain information from physicians. (BDR 54-771)
Last action — Chapter 128.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 15, 2021. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
378 added · 409 removed378 line(s) added, 409 removed.
EXEMPTAssembly (ReprintedBill withNo. amendments adopted on April 20, 2021) FIRST REPRINT A.B.
278278–Assemblywoman ADuran SSEMBLYCHAPTER.......... B ILLN O.
278–ASSEMBLYWOMAN D URAN M ARCH 15, 2021 ____________ Referred to Committee on Commerce and Labor SUMMARY—Provides for the collection of certain information from physicians.
(BDR 54-771) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Existing law generally requires a holder of a license to practice allopathic 630.267)medicine Existingto lawregister alsobiennially requireswith the holdersBoard of certainMedical specialExaminers. types of licenses to practice medicine to renew their licenses at various times.
(NRS 630.258,630.267) Existing law also requires the holders of certain special types of licenses 630.261, 630.2615, 630.262, 630.264, 630.2645, 630.265) Existing law requires a holder of a license to practice osteopathic medicine to renew his or her license annually or, for certain special types of licenses, at times determined by the State Board of Osteopathic Medicine.
(NRS 633.401, 633.411, 633.415, 633.416, 633.417, 633.418, 633.471) Section 4 of this bill requires the Department of Health and Human Services to develop and make available to the Board of MedicaltMedical of Health Examiners and the State Board of Osteopathic Medicine a data request to be administeredSection to4 applicantsrequires for the renewaldata ofrequest ato licensesolicit orfrom aeach biennialapplicant registration.certainstration.
Section 4 requires the data request to solicit from each applicant certain information about the practice of the applicant.
(1) each holder of a license to practice as an allopathic or osteopathic physician to Boardcomplete of Osteopathic Medicine to make the data requestrequest; available to applicants.
and (2) the Board of Medical Examiners and the State Board of Osteopathic Medicine to make the data request available to applicants.
or (2) a licensee -requires *AB278_R1*the –Department 2to –collect whoand doesmaintain notthe reportinformation suchreceived afrom failurethe todata request from the applicableapplicants licensingand board.prepare an annual report relating to the data received.
Section 4 requires the Department to collect and maintain the information received from the received.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
In addition to any other requirements set forth in this chapter and any regulations adopted pursuant thereto, each applicant for the renewal of any type of license as a physician pursuant to this chapter or a biennial registration pursuant to NRS- 630.26781st shallSession complete(2021) the– data2 request– developed by the Department of Health and Human Services pursuant to section 4 of this act.
Sec.
1.3.
NRS 630.3062 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:
- *AB278_R1* – 3 – (d) Failure to make the medical records of a patient available for inspection and copying as provided in NRS 629.061, if the licensee is the custodian of health care records with respect to those records.
(f) Failure to report any person the licensee knows, or has reason to know, is in violation of the provisions of this chapter , except for a violation of section 1 of this act, or the regulations of the BoardBoardor within 30 days after the date the licensee knows or has reason to know of the violation.
- 81st Session (2021) – 3 – (h) Fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, administering or dispensing of a controlled substance listed in schedule II, III or IV.
As used in this section, “custodian of health care records” hashasSec. the meaning ascribed to it in NRS 629.016.
Sec.
In addition to any other requirements set forth in this chapter and any regulations adopted pursuant thereto, each applicant for the renewal of any type of license as an osteopathic physician pursuant to this chapter shall complete the data request developed by the Department of Health and Human Services pursuant to section 4 of this act.
The Board shall make the data request described in subsection 1 available to applicants for the renewal of a license as - *AB278_R1* – 4 – an osteopathic physician on an electronic application for the renewal of a license or through a link included on the Internet website maintained by the Board.
Sec.- 81st Session (2021) – 4 – 633.511 1.
2.5.The grounds for initiating disciplinary actions:
NRSpursuant 633.511 is hereby amended to readthis aschapter follows:are:
633.511 1.
The grounds for initiating disciplinary action pursuant to this chapter are:
(7) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime;
(1)(2) TheAn licenseact or omission occurs which results in the suspension or revocation of the facilitylicense ispursuant suspendedto orNRS revoked;449.160.
Show all 57 changed lines (17 more)
or - *AB278_R1* – 5 – (2) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.
(l) Knowingly or willfully procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of- NRS81st thatSession is(2021) not– approved5 by– the United States Food and Drug Administration, unless the unapproved controlled substance ororg dangerous drug:
(n) Terminating the medical care of a patient without adequate noticeof orthe withoutpatient.ut making other arrangements for the continued care (o) In addition to the provisions of subsection 3 of NRS 633.524, making or filing a report which the patient.licensee knows to be false, failing to file a record or report that is required by law or knowingly or willfully obstructing or inducing another to obstruct the making or filing of such a record or report.
(o) In addition to the provisions of subsection 3 of NRS 633.524, making or filing a report which the licensee knows to be false, failing to file a record or report that is required by law or knowingly or willfully obstructing or inducing another to obstruct the making or filing of such a record or report.
(q) 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 thejurisdiction Armed Forces of thea Unitedforeign Statescountry.tes or any local or federal jurisdiction(r) ofEngaging ain foreignany country.act that is unsafe in accordance with regulations adopted by the Board.
- *AB278_R1* – 6 – (r) Engaging in any act that is unsafe in accordance with regulations adopted by the Board.
- 81st Session (2021) – 6 – (w) Failure to comply with the provisions of NRS 453.163, 453.164, 453.226, 639.23507, 639.23535 and 639.2391 to 639.23916, inclusive, and any regulations adopted by the State Board of Pharmacy pursuant thereto.
(x) Fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, administering or dispensing of a controlled substancesubstancee listed in schedule II, III or IV.
Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, - *AB278_R1* – 7 – 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, - 81st Session (2021) – 7 – 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147,392.147,, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 437.145, 437.207, 439.4941, 439.840, 439.914, 439B.420, 439B.754, 439B.760, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069,629.069,25.425, 630.133, 630.2673, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.3415, 632.405, 633.283, 633.301, 633.4715, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.221, 641.325, 641A.191, 641A.262, 641A.289, 641B.170, 641B.282, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, - *AB278_R1* – 8 – 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, - 81st Session (2021) – 8 – 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120,696C.120,2C.3538, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and sections 1, 2 and 4 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.
A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential.
or - *AB278_R1* – 9 – (b) Providing the public record in an electronic format or by means of an electronic medium would:
or (2)- Require81st theSession production(2021) of– information9 that– is confidential and that cannot be redacted, deleted, concealed or separated fromfromial information that is not otherwise confidential.
The Department shall develop and make available to the Board of Medical Examiners and the State Board of Osteopathic Medicine an electronic data request to be completed by an applicant for the renewal of a license as a physician or a biennial registration pursuant to NRS 630.267.
andand(d) (d) If the applicant practices independently from a hospital, a health system or an entity owned by a health system, the name of the practice of the applicant.
- *AB278_R1*81st Session (2021) – 10 – 3.Internet website maintained by the Department a report based on the data collected pursuant to subsection 1 that analyzes trends in the employment and practices of physicians in this State.
The Department shall annually prepare and post on an Internet website maintained by the Department a report based on the data collected pursuant to subsection 1 that analyzes trends in the employment and practices of physicians in this State.
H~~~~~ 21 - *AB278_R1*81st Session (2021)
Show all 57 changed rows (17 more)
View plain text versions (3)
- Enrolled As Enrolled Current pdf
- Reprint 1 View text pdf
- Introduced As Introduced pdf
Compared against the Nevada Revised Statutes as published AI-generated reading aid — verify against the official bill.
The bill adds requirements for physicians seeking license renewal, including a data request and protections against disciplinary action for non-completion.
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NRS 630.267
In addition to any other requirements set forth in this chapter and any regulations adopted pursuant thereto, each applicant for the renewal of any type of license as a physician pursuant to this chapter or a biennial registration pursuant to the Department of Health and Human Services pursuant to section 4 of this act. The applicant shall provide to the Department all the information requested by the data request.
New requirements for physicians renewing their licenses include submitting specific information requested by a data request.
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NRS 630.267
The Board shall make the data request described in subsection 1 available to applicants for the renewal of a license as a physician or biennial registration on an electronic application for the renewal of a license or registration or through a link included on the Internet website maintained by the Board.
The Board must provide a means for applicants to access and complete the data request during the renewal process.
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NRS 630.267
An applicant for biennial registration or renewal of a license who refuses or fails to complete a data request pursuant to subsection 1 is not subject to disciplinary action, including, without limitation, refusal to issue the biennial registration or renew the license, for such refusal or failure.
Protection from disciplinary actions is provided for applicants who do not complete the data request.
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NRS 630.267
The information contained in a completed data request is confidential and, except as required by section 4 of this act, must not be disclosed to any person or entity.
Confidentiality of the information submitted in the data request is established.
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NRS 633.401
In addition to any other requirements set forth in this chapter and any regulations adopted pursuant thereto, each applicant for the renewal of any type of license as an osteopathic physician pursuant to this chapter shall complete the data request pursuant to section 4 of this act. The applicant shall provide to the Department all the information included in the request.
Similar requirements for data request completion apply to osteopathic physicians during license renewal.
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NRS 633.401
The Board shall make the data request described in subsection 1 available to applicants for the renewal of a license as an osteopathic physician on an electronic application for the renewal of a license or through a link included on the Internet website maintained by the Board.
Osteopathic physician applicants will have access to the data request during the renewal process.
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NRS 633.401
An applicant for biennial registration or renewal of a license who refuses or fails to complete a data request pursuant to subsection 1 is not subject to disciplinary action, including, without limitation, refusal to issue the biennial registration or renew the license, for such refusal or failure.
Osteopathic physician applicants are also protected from disciplinary actions for not completing the data request.
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NRS 633.401
The information contained in a completed data request is confidential and, except as required by section 4 of this act, must not be disclosed to any person or entity.
Confidentiality for the osteopathic physician's data request submission is established as well.
Amendments
1 amendmentClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Chapter 128.
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Approved by the Governor.
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Enrolled and delivered to Governor.
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In Assembly. To enrollment.
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Read third time. Passed. Title approved. (Yeas: 20, Nays: 1.) To Assembly.
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Taken from General File. Placed on General File for next legislative day.
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Taken from General File. Placed on General File for next legislative day.
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Taken from General File. Placed on General File for next legislative day.
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Read second time.
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From committee: Do pass.
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In Senate. Read first time. Referred to Committee on Health and Human Services. To committee.
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Read third time. Passed, as amended. Title approved, as amended. (Yeas: 26, Nays: 16.) To Senate.
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From committee: Do pass, as amended.
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From printer. To engrossment. Engrossed. First reprint. To committee.
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Read third time. Amended. (Amend. No. 371.) Rereferred to Committee on Ways and Means. Exemption effective. To printer.
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From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time.
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Notice of eligibility for exemption.
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From printer. To committee.
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Read first time. Referred to Committee on Commerce and Labor. To printer.
Sponsors
- Bea Duran · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 66 not signed on
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (66)
66 members have not signed on to this bill.
Show all 66 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors AB 278?
- AB 278 is sponsored by Duran, Bea.
- What is the current status of AB 278?
- This bill has been enacted into law. Introduced March 15, 2021. Enacted.
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