NAC630.237. Annual reports of certain information concerning surgeries: Administrative penalty.

     1. The failure of a holder of a license to practice medicine to submit to the Board a report required pursuant to NRS 630.30665:

     (a) In a timely manner; or

     (b) In an accurate or complete manner if the holder of the license knowingly misstates or misrepresents:

          (1) The number or types of surgeries required to be reported pursuant to that section or NAC 630.235; or

          (2) The occurrence or outcome of any reportable sentinel events pursuant to those sections,

Ê constitutes grounds for imposing an administrative penalty against the holder of the license.

     2. An administrative penalty imposed pursuant to this section may include the imposition of an administrative fine of not less than $100 or more than $1,000 and recovery by the Board of all costs incurred by the Board because of the violation.

     3. Repeated violations of this section are subject to an administrative fine in the amount of $1,000 in addition to recovery by the Board of all costs incurred by the Board because of the violations.

     4. Before imposing any administrative penalty pursuant to this section, the Board will:

     (a) Consider the totality of the circumstances surrounding the matter;

     (b) Consider all evidence before it relating to the matter, including, without limitation, any intentional, volitional or purposeful conduct engaged in by the holder of the license; and

     (c) Determine by a preponderance of the evidence that the applicable provisions of this section or NRS 630.30665 were violated.

     5. The provisions of this section do not prohibit the Board from initiating disciplinary action for a violation of any other provision of this chapter or chapter 630 of NRS.

     (Added to NAC by Bd. of Medical Exam’rs by R152-07, eff. 1-30-2008)