NAC616C.024. Rating physician or chiropractor: Disciplinary action.

     1. The Administrator will issue a warning to any physician or chiropractor on the list of rating physicians and chiropractors designated pursuant to NRS 616C.490, or suspend or remove any physician or chiropractor from the list if the physician or chiropractor:

     (a) Commits an excessive number of errors in the performance of ratings evaluations, as determined by comparing the number of ratings found by the Administrator to be erroneous to the total number of ratings performed by the physician or chiropractor;

     (b) Violates any provision of NAC 616C.006 or commits two or more violations of any of the provisions of chapters 616A to 617, inclusive, of NRS or any other regulations adopted pursuant thereto;

     (c) Is the subject of any disciplinary action that resulted in the suspension or revocation of his or her license or the limitation of his or her practice by the applicable licensing authority;

     (d) Is determined by the Administrator to have engaged in any action detrimental to an injured employee, an employer, an insurer or the program of industrial insurance;

     (e) Refuses to serve as a member of the panel to review ratings evaluations established pursuant to NAC 616C.023 or serves as a member of the panel but does not attend the meetings of the panel; or

     (f) Fails to perform ratings evaluations when selected pursuant to NRS 616C.490 or schedules and fails to perform ratings evaluations in accordance with that section.

     2. For the purposes of paragraph (a) of subsection 1, the Administrator, after receiving the advice of the panel to review ratings evaluations established pursuant to NAC 616C.023, will determine what is an excessive number of errors in the performance of ratings evaluations.

     3. If the Administrator intends to suspend or remove a physician or chiropractor from the list of rating physicians and chiropractors, the Administrator will cause written notice of the suspension or removal to be delivered by certified mail to the physician or chiropractor affected. The physician or chiropractor may appeal the determination of the Administrator by filing a written notice of appeal with the Administrator within 10 days after the notice of suspension or removal is received. If a notice of appeal is filed in the manner provided by this subsection, the Administrator will conduct a hearing on the matter and issue a decision in writing affirming or reversing the determination.

     4. Except as otherwise provided in this subsection, the suspension or removal of a physician or chiropractor from the list of rating physicians and chiropractors becomes final and effective upon the expiration of the time permitted by subsection 3 for the filing of a notice of appeal. If a notice of appeal is filed in the manner provided by subsection 3, the suspension or removal is final and effective upon the issuance of a decision affirming the determination of the Administrator. The issuance of such a decision is a final decision for the purposes of judicial review.

     (Added to NAC by Dep’t of Industrial Relations, eff. 8-30-91; A by Div. of Industrial Relations by R009-97, 10-27-97; R090-99, 10-28-99; R105-00, 1-18-2001, eff. 3-1-2001)