NAC453A.716. Tracking and evaluation of attending physicians by Division; submission of certain information to appropriate regulatory boards.  


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  •      1. The Division will register and track each attending physician who advises a patient that the medical use of marijuana may mitigate the symptoms or effects of the patient’s medical condition. To the extent possible, the Division will maintain a confidential record of:

         (a) The number of patients whom the physician advises that the medical use of marijuana may mitigate the symptoms or effects of the patients’ medical conditions;

         (b) The chronic or debilitating medical conditions of such patients;

         (c) The number of times the physician advises each patient that the medical use of marijuana may mitigate the symptoms or effects of the patient’s medical condition;

         (d) The number of different chronic or debilitating medical conditions for which the physician advises each patient that the medical use of marijuana may mitigate the symptoms or effects of the patient’s medical conditions; and

         (e) How frequently the physician advises each patient that the medical use of marijuana may mitigate the symptoms or effects of the patient’s medical condition.

         2. Based on its evaluation of the records maintained pursuant to subsection 1, if the Division determines that an attending physician is advising patients that the medical use of marijuana may mitigate the symptoms or effects of the patients’ medical conditions at a rate that appears unreasonably high, the Division will notify the Board of Medical Examiners or the State Board of Osteopathic Medicine in writing so that the appropriate board may investigate the notification as a complaint against the physician pursuant to chapter 630 or 633 of NRS, as applicable.

         3. The Division will, for each calendar year, submit to the Board of Medical Examiners and the State Board of Osteopathic Medicine for each physician licensed by that board the information the Division maintains pursuant to subsection 1.

         4. If the Division has reason to believe that the public health, safety or welfare imperatively requires action, the Division may refer, in writing, a case involving an alleged violation by a physician of any provision of this chapter or chapter 453A of NRS related to the medical use of marijuana to the Board of Medical Examiners or the State Board of Osteopathic Medicine so that the appropriate board may investigate the referral as a complaint against the physician pursuant to chapter 630 or 633 of NRS, as applicable.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)