Nevada Revised Statutes 635.130 – Authority of Board to take disciplinary or other action; grounds
1. The Board, after notice and a hearing as required by law, and upon any cause enumerated in subsection 2, may take one or more of the following disciplinary actions:
Terms Used In Nevada Revised Statutes 635.130
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Board: means the State Board of Podiatry. See Nevada Revised Statutes 635.010
- 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
- Fraud: Intentional deception resulting in injury to another.
- 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
- physician: means a person who engages in the practice of medicine, including osteopathy and homeopathy. See Nevada Revised Statutes 0.040
- Podiatry hygienist: means a person engaged in assisting a podiatric physician. See Nevada Revised Statutes 635.010
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(a) Deny an application for a license or refuse to renew a license.
(b) Suspend or revoke a license.
(c) Place a licensee on probation.
(d) Impose a fine not to exceed $5,000.
2. The Board may take disciplinary action against a licensee for any of the following causes:
(a) The making of a false statement in any affidavit required of the applicant for application, examination or licensure pursuant to the provisions of this chapter.
(b) Lending the use of the holder’s name to an unlicensed person.
(c) If the holder is a podiatric physician, permitting an unlicensed person in his or her employ to practice as a podiatry hygienist.
(d) Having an alcohol or other substance use disorder which impairs the intellect and judgment to such an extent as in the opinion of the Board incapacitates the holder in the performance of his or her professional duties.
(e) Conviction of a crime involving moral turpitude.
(f) Conviction of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.
(g) Conduct which in the opinion of the Board disqualifies the licensee to practice with safety to the public.
(h) The commission of fraud by or on behalf of the licensee regarding his or her license or practice.
(i) Gross incompetency.
(j) Affliction of the licensee with any mental or physical disorder which seriously impairs his or her competence as a podiatric physician or podiatry hygienist.
(k) False representation by or on behalf of the licensee regarding his or her practice.
(l) Unethical or unprofessional conduct.
(m) Failure to comply with the requirements of subsection 1 of NRS 635.118.
(n) Willful or repeated violations of this chapter or regulations adopted by the Board.
(o) Willful violation of the regulations adopted by the State Board of Pharmacy.
(p) Knowingly 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 or dangerous drug:
(1) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;
(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; or
(3) Is cannabis being used for medical purposes in accordance with chapter 678C of NRS.
(q) Operation of a medical facility, as defined in NRS 449.0151, at any time during which:
(1) The license of the facility is suspended or revoked; or
(2) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160. This paragraph applies to an owner or other principal responsible for the operation of the facility.
(r) Failure to obtain any training required by the Board pursuant to NRS 635.116.
(s) 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.
(t) Fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, administering or dispensing of a controlled substance listed in schedule II, III or IV.
(u) Failure to comply with the provisions of NRS 454.217 or 629.086.
(v) Performing or supervising the performance of a pelvic examination in violation of NRS 629.085.