Nevada Revised Statutes 640E.270 – Grounds for denial of, refusal to renew, revocation of or suspension of license or other disciplinary action; collection of costs
1. The Board may deny, refuse to renew, revoke or suspend any license applied for or issued pursuant to this chapter, or take such other disciplinary action against a licensee as authorized by regulations adopted by the Board, upon determining that the licensee:
Terms Used In Nevada Revised Statutes 640E.270
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- controlled substance: means a drug, immediate precursor or other substance which is listed in schedule I, II, III, IV or V for control by the State Board of Pharmacy pursuant to Nevada Revised Statutes 0.031
- Conviction: A judgement of guilt against a criminal defendant.
- Fraud: Intentional deception resulting in injury to another.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Subpoena: A command to a witness to appear and give testimony.
- Verdict: The decision of a petit jury or a judge.
(a) Is guilty of fraud or deceit in procuring or attempting to procure a license pursuant to this chapter.
(b) Is guilty of any offense:
(1) Involving moral turpitude; or
(2) Relating to the qualifications, functions or duties of a licensee.
(c) Uses any controlled substance, dangerous drug as defined in chapter 454 of NRS, or intoxicating liquor to an extent or in a manner which is dangerous or injurious to any other person or which impairs his or her ability to conduct the practice authorized by the license.
(d) Is guilty of unprofessional conduct, which includes, without limitation:
(1) Impersonating another licensed dietitian.
(2) Permitting or allowing another person to use his or her license to engage in the practice of dietetics.
(3) Repeated malpractice, which may be evidenced by claims of malpractice settled against the licensee.
(4) Physical, verbal or psychological abuse of a patient.
(5) Conviction for the use or unlawful possession of a controlled substance or dangerous drug as defined in chapter 454 of NRS.
(e) Has willfully or repeatedly violated any provision of this chapter.
(f) Is guilty of aiding or abetting any person in violating any provision of this chapter.
(g) Has been disciplined in another state in connection with the practice of dietetics or has committed an act in another state which would constitute a violation of this chapter.
(h) Has engaged in conduct likely to deceive, defraud or endanger a patient or the general public.
(i) Has willfully failed to comply with a regulation, subpoena or order of the Board.
2. In addition to any criminal or civil penalty that may be imposed pursuant to this chapter, the Board may assess against and collect from a licensee all costs incurred by the Board in connection with any disciplinary action taken against the licensee, including, without limitation, costs for investigators and stenographers, attorney’s fees and other costs of the hearing.
3. For the purposes of this section, a plea or verdict of guilty or guilty but mentally ill or a plea of nolo contendere constitutes a conviction of an offense. The Board may take disciplinary action pending the appeal of a conviction.