Nevada 2023 Regular Session Status: Passed Assembly

AB 442 — Revises provisions relating to persons licensed by certain health care licensing boards. (BDR 54-1055)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

275 added · 112 removed

275 line(s) added, 112 removed.

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EXEMPT (Reprinted with amendments adopted on May 23, 2023) SECOND REPRINT A.B.
(Reprinted with amendments adopted on April 24, 2023) FIRST REPRINT A.B.
442–COMMITTEE ON C OMMERCE AND LABOR M ARCH 27, 2023 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to persons licensed by certain health care licensing boards.
442–C OMMITTEE ON COMMERCE AND LABOR M ARCH 27, 2023 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to persons licensed by the Board of Medical Examiners.
requiring each health care licensing board to take certain actions in response to a complaint alleging that a licensee has committed any act constituting domestic violence or sexual assault;
requiring the Board of Medical Examiners to take certain actions in response to a complaint alleging that a physician, perfusionist, physician assistant or practitioner of respiratory care has committed any act constituting domestic violence or sexual assault;
requiring each health care licensing board to adopt regulations setting forth circumstances under which that board is required to summarily suspend, pending a formal hearing, the license of a licensee in response to a complaint or a series of complaints;
requiring a law enforcement agency to notify the Board of a report alleging that a physician, perfusionist, physician assistant or practitioner of respiratory care committed any act constituting domestic violence or sexual assault;
requiring the Joint Interim Standing Committee on Commerce and Labor to create a working group;
requiring the Board to adopt regulations setting forth circumstances under which the Board is required to summarily suspend, pending a formal hearing, the license of a physician, perfusionist, physician assistant or practitioner of respiratory care in response to a complaint or a series of complaints;
Legislative Counsel’s Digest:
LegExisting law authorizes any person to file with the Board of Medical Examiners a complaint against a physician, perfusionist, physician assistant or practitioner of respiratory care.
Section 1 of this bill requires a health care licensing board to ask a person who files a complaint alleging that a person licensed by that board committed any act which, if proven, would constitute domestic violence or sexual assault whether the complainant wishes to pursue a criminal investigation of the allegation.
(NRS 630.307) Section 2 of this bill requires the Board to ask a person who files a complaint alleging that a physician, perfusionist, physician assistant or practitioner of respiratory care committed any act which, if proven, pursue a criminal investigation of the allegation.
If so, and direct the complainant to an appropriate law enforcement agency.
If so, section 2 requires the Board to take certain actions to notify and direct the person to an appropriate law enforcement agency.
Section 1notify requires each health care licensing board to adopt regulations setting forth circumstances under which that board, in response to a complaint or series of complaints, is required to summarily suspend the license of a licensee pending the conclusion of a hearing to consider a formal complaint against the licensee.
Section 2 also requires a law enforcement agency to notify the - *AB442_R1* – 2 – Board of any report received by the law enforcement agency alleging that a physician, perfusionist, physician assistant or practitioner of respiratory care has committed an act which, if proven, would constitute domestic violence or sexual any of its employees are immune from any civil action for providing such ancy and notification to the Board.
Commerce and Labor to create a working group to study issues relating to the on sharing of information between law enforcement agencies and certain professional or occupational licensing boards during the 2023-2024 interim;
Section 1 of this bill makes a conforming change to refer to provisions that have been renumbered by this bill.
and (2) the working - *AB442_R2* – 2 – group to study and make recommendations to the Committee regarding policies and procedures for such sharing of information concerning licensees who are under or sexual assault.alleged acts which, if proven, would constitute domestic violence THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
If an investigation by the Board regarding a licensed physician, perfusionist, physician assistant or practitioner of respiratory care reasonably determines that the of imminent or continued harm, existing law authorizes the Board to summarily is at risk suspend the license of the licensee pending the conclusion of a hearing to consider a formal complaint against the licensee.
(NRS 630.326) Section 3 of this bill requires the Board to adopt regulations setting forth circumstances under which the Board, in response to a complaint or series of complaints, is required to summarily formal complaint against the licensee.ing the conclusion of a hearing to consider a THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Chapter 629 of NRS is hereby amended by adding thereto a new section to read as follows:
NRS 630.130 is hereby amended to read as follows:
1.
630.130 1.
If a health care licensing board receives a complaint which alleges that a person licensed by that health care licensing board has committed any act which, if proven, would constitute domestic violence pursuant to NRS 33.018 or sexual assault pursuant to NRS 200.366, the health care licensing board must ask the complainant, if the identity of the complainant is known, if the complainant wishes to pursue a criminal investigation of the allegation contained in the complaint.
In addition to the other powers and duties provided in this chapter, the Board shall, in the interest of the public, judiciously:
If so, the health care licensing board shall:
(a) Enforce the provisions of this chapter;
(a) Provide to an appropriate law enforcement agency the information contained in the complaint;
(b) Establish by regulation standards for licensure under this chapter;
and (b) Direct the complainant to and, to the best of the ability of the health care licensing board, connect the complainant with, the law enforcement agency to which the health care licensing board provides the information in the complaint pursuant to paragraph (a).
(c) Conduct examinations for licensure and establish a system of scoring for those examinations;
(d) Investigate the character of each applicant for a license and issue licenses to those applicants who meet the qualifications set by this chapter and the Board;
and (e) Institute a proceeding in any court to enforce its orders or the provisions of this chapter.
Each health care licensing board shall adopt regulations setting forth circumstances under which that health care licensing board, in response to a complaint filed with the health care licensing board pursuant to subsection 1, is required to summarily suspend the license of a person licensed by that health care licensing board pending the conclusion of a hearing to consider a formal complaint against the licensee.
On or before February 15 of each odd-numbered year, the Board shall submit to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report compiling:
Such regulations may, without limitation, require the health care licensing board to summarily suspend the license of a licensee in response to:
(a) Disciplinary action taken by the Board during the previous biennium against any licensee for malpractice or negligence;
(a) A complaint alleging that the licensee committed certain acts specified by the health care licensing board;
(b) Information reported to the Board during the previous biennium pursuant to NRS 630.3067, 630.3068, subsections 3 and [6] 7 of NRS 630.307 and NRS 690B.250;
(b) A certain number of complaints filed against the licensee over a certain period of time specified by the health care licensing board;
and (c) Information reported to the Board during the previous biennium pursuant to NRS 630.30665, including, without limitation, the number and types of surgeries performed by each holder of a - *AB442_R1* – 3 – license to practice medicine and the occurrence of sentinel events arising from such surgeries, if any.
or (c) Any combination of the circumstances described in paragraphs (a) and (b).
The report must include only aggregate information for statistical purposes and exclude any identifying information related to a particular person.
As used in this section, “health care licensing board” has the meaning ascribed to it in NRS 629.079.
The Board may adopt such regulations as are necessary or desirable to enable it to carry out the provisions of this chapter.
- *AB442_R2* – 3 – Sec.
Sec.
1.
NRS 630.307 is hereby amended to read as follows:
The Joint Interim Standing Committee on Commerce and Labor shall, during the 2023-2024 legislative interim, create a working group to study issues relating to the sharing of information between law enforcement agencies and certain professional or occupational licensing boards during the 2023-2024 interim.
630.307 1.
Except as otherwise provided in subsection 2, any person may file with the Board a complaint against a physician, perfusionist, physician assistant or practitioner of respiratory care on a form provided by the Board.
The form may be submitted in writing or electronically.
If a complaint is submitted anonymously, the Board may accept the complaint but may refuse to consider the complaint if the lack of the identity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint.
The Chair of the Joint Interim Standing Committee on Commerce and Labor shall determine the appropriate number of members of the working group created pursuant to subsection 1 and appoint the members of the working group.
Any licensee, medical school or medical facility that becomes aware that a person practicing medicine, perfusion or respiratory care in this State has, is or is about to become engaged in conduct which constitutes grounds for initiating disciplinary action shall file a written complaint with the Board within 30 days after becoming aware of the conduct.
The members must consist of representatives of:
(a) Law enforcement;
(b) The Board of Medical Examiners;
(c) The State Board of Osteopathic Medicine;
(d) The State Board of Nursing;
and (e) Any other board that:
(1) The Chair of the Committee deems to be appropriate;
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and (2) Is a health care licensing board or any other professional or occupational licensing board which regulates a profession that requires a licensee to, in the regular course of providing professional services, make physical contact with persons receiving the professional services.
The working group created pursuant to subsection 1 shall study and make recommendations to the Joint Interim Standing Committee on Commerce and Labor regarding policies and procedures for the sharing of information between law enforcement agencies and professional or occupational licensing boards concerning licensees who are under investigation for alleged acts which, if proven, would constitute domestic violence pursuant to NRS 33.018 or sexual assault pursuant to NRS 200.366.
Except as otherwise provided in subsection 4, any hospital, clinic or other medical facility licensed in this State, or medical society, shall report to the Board any change in the privileges of a physician, perfusionist, physician assistant or practitioner of respiratory care to practice while the physician, perfusionist, physician assistant or practitioner of respiratory care is under investigation and the outcome of any disciplinary action taken by that facility or society against the physician, perfusionist, physician assistant or practitioner of respiratory care concerning the care of a patient or the competency of the physician, perfusionist, physician assistant or practitioner of respiratory care within 30 days after the change in privileges is made or disciplinary action is taken.
As used in this section, “health care licensing board” has the meaning ascribed to it in NRS 629.079.
A hospital, clinic or other medical facility licensed in this State, or medical society, shall report to the Board within 5 days after a change in the privileges of a physician, perfusionist, physician assistant or practitioner of respiratory care to practice that is based on:
(a) An investigation of the mental, medical or psychological competency of the physician, perfusionist, physician assistant or practitioner of respiratory care;
or - *AB442_R1* – 4 – (b) Suspected or alleged substance abuse in any form by the physician, perfusionist, physician assistant or practitioner of respiratory care.
5.
The Board shall report any failure to comply with subsection 3 or 4 by a hospital, clinic or other medical facility licensed in this State to the Division of Public and Behavioral Health of the Department of Health and Human Services.
If, after a hearing, the Division of Public and Behavioral Health determines that any such facility or society failed to comply with the requirements of subsection 3 or 4, the Division may impose an administrative fine of not more than $10,000 against the facility or society for each such failure to report.
If the administrative fine is not paid when due, the fine must be recovered in a civil action brought by the Attorney General on behalf of the Division.
6.
If the Board receives a complaint that alleges that a physician, perfusionist, physician assistant or practitioner of respiratory care has committed any act which, if proven, would constitute domestic violence pursuant to NRS 33.018 or sexual assault pursuant to NRS 200.366, the Board shall ask the person who filed the complaint, if the identity of the person is known, if he or she wishes to pursue a criminal investigation of the allegation in the complaint.
If so, the Board shall:
(a) Provide to an appropriate law enforcement agency the information contained in the complaint;
and (b) Direct the person to and, to the best of the Board’s ability, connect the person with, the law enforcement agency to which the Board provides the information in the complaint pursuant to paragraph (a).
7.
The clerk of every court shall report to the Board any finding, judgment or other determination of the court that a physician, perfusionist, physician assistant or practitioner of respiratory care:
(a) Is mentally ill;
(b) Is mentally incompetent;
(c) Has been convicted of a felony or any law governing controlled substances or dangerous drugs;
(d) Is guilty of abuse or fraud under any state or federal program providing medical assistance;
or (e) Is liable for damages for malpractice or negligence,  within 45 days after such a finding, judgment or determination is made.
[7.] 8.
A law enforcement agency shall notify the Board of any report received by the law enforcement agency that alleges that a physician, perfusionist, physician assistant or practitioner of respiratory care has committed an act which, if proven, would - *AB442_R1* – 5 – constitute domestic violence pursuant to NRS 33.018 or sexual assault pursuant to NRS 200.366.
9.
The Board shall retain all complaints filed with the Board pursuant to this section for at least 10 years, including, without limitation, any complaints not acted upon.
NRS 630.326 is hereby amended to read as follows:
630.326 1.
If an investigation by the Board regarding a physician, perfusionist, physician assistant or practitioner of respiratory care reasonably determines that the health, safety or welfare of the public or any patient served by the licensee is at risk of imminent or continued harm, the Board may summarily suspend the license of the licensee pending the conclusion of a hearing to consider a formal complaint against the licensee.
The order of summary suspension may be issued only by the Board or an investigative committee of the Board.
2.
The Board shall adopt regulations setting forth circumstances under which the Board, in response to a complaint filed with the Board pursuant to NRS 630.307 is required to summarily suspend the license of a physician, perfusionist, physician assistant or practitioner of respiratory care pending the conclusion of a hearing to consider a formal complaint against the licensee.
Such regulations may, without limitation, require the Board to summarily suspend the license of a licensee in response to:
(a) A complaint alleging that a licensee committed certain acts specified by the Board;
(b) A certain number of complaints filed against the licensee over a certain period of time specified by the Board;
or (c) Any combination of the circumstances described in paragraphs (a) and (b).
3.
If the Board or an investigative committee of the Board issues an order summarily suspending the license of a physician, perfusionist, physician assistant or practitioner of respiratory care pursuant to subsection 1 [,] or the regulations adopted pursuant to subsection 2, the Board shall hold a hearing not later than 60 days after the date on which the order is issued, unless the Board and the licensee mutually agree to a longer period, to determine whether a reasonable basis exists to continue the suspension of the license pending the conclusion of a hearing to consider a formal complaint against the licensee.
If no formal complaint against the licensee is pending before the Board on the date on which a hearing is held pursuant to this section, the Board shall reinstate the license of the licensee.
[3.] 4.
If the Board or an investigative committee of the Board issues an order summarily suspending the license of a licensee - *AB442_R1* – 6 – pursuant to subsection 1 or the regulations adopted pursuant to subsection 2 and the Board requires the licensee to submit to a mental or physical examination or an examination testing his or her competence to practice, the examination must be conducted and the results obtained not later than 30 days after the order is issued.
Sec.
3.5.
NRS 630.364 is hereby amended to read as follows:
630.364 1.
Any person or organization who furnishes information concerning an applicant for a license or a licensee in good faith in accordance with the provisions of this chapter , including, without limitation, a law enforcement agency and any of its employees who notify the Board pursuant to subsection 8 of NRS 630.307, is immune from any civil action for furnishing that information.
2.
The Board and any of its members and its staff, counsel, investigators, experts, peer reviewers, committees, panels, hearing officers, consultants and the employees or volunteers of a diversion program are immune from any civil liability for:
(a) Any decision or action taken in good faith in response to information acquired by the Board.
(b) Disseminating information concerning an applicant for a license or a licensee to other boards or agencies of the State, the Attorney General, any hospitals, medical societies, insurers, employers, patients and their families or any law enforcement agency.
3.
Except as otherwise provided in subsection 4, the Board shall not commence an investigation, impose any disciplinary action or take any other adverse action against a physician for:
(a) Disclosing to a governmental entity a violation of any law, rule or regulation by an applicant for a license to practice medicine or by a physician;
or (b) Cooperating with a governmental entity that is conducting an investigation, hearing or inquiry into such a violation, including, without limitation, providing testimony concerning the violation.
4.
A physician who discloses information to or cooperates with a governmental entity pursuant to subsection 3 with respect to the violation of any law, rule or regulation by the physician is subject to investigation and any other administrative or disciplinary action by the Board under the provisions of this chapter for such violation.
5.
As used in this section:
(a) “Diversion program” means a program approved by the Board to correct a licensee’s alcohol or other substance use disorder or any other impairment.
(b) “Governmental entity” includes, without limitation:
- *AB442_R1* – 7 – (1) A federal, state or local officer, employee, agency, department, division, bureau, board, commission, council, authority or other subdivision or entity of a public employer;
(2) A federal, state or local employee, committee, member or commis(3) A federal, state or local representative, member or employee of a legislative body or a county, town, village or any other political subdivision or civil division of the State;
(4) A federal, state or local law enforcement agency or prosecutorial office, or any member or employee thereof, or police or peace officer;
and (5) A federal, state or local judiciary, or any member or employee thereof, or grand or petit jury.
Sec.
4.
Sections 1 and 2 of this act become effective:
Sections 1 to 3.5, inclusive, of this act become effective:
H - *AB442_R2*
H - *AB442_R1*
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Amendments

2 amendments

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Action History

  1. (No further action taken.)

  2. From printer. To re-engrossment. Re-engrossed. Second reprint. To committee.

  3. From committee: Amend, and do pass as amended. Placed on Second Reading File. Notice of eligibility for exemption. Read second time. Amended. (Amend. No. 552.) Re-referred to Committee on Finance. To printer. Exemption effective.

  4. In Senate. Read first time. Referred to Committee on Commerce and Labor. To committee.

  5. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 42, Nays: None.) To Senate.

  6. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 444.) To printer.

  7. From printer. To committee.

  8. Read first time. Referred to Committee on Commerce and Labor. To printer.

Sponsors

  • Assembly Committee on Commerce and Labor · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Assembly Committee on Commerce and Labor

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"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.

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Subjects

healthcare health-insurance
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Frequently asked questions

Who sponsors AB 442?
AB 442 is sponsored by Assembly Committee on Commerce and Labor.
What is the current status of AB 442?
This bill died with 2023 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 442?
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