NAC633.470. Osteopathic physicians: Action by Board after hearing.

If the Board, after a hearing on the merits in a disciplinary proceeding, finds that the osteopathic physician is:

     1. Not guilty as charged in the formal complaint, the Board will issue a final order dismissing the charges and notify the osteopathic physician that the charges have been dismissed.

     2. Guilty as charged in the formal complaint, the Board may:

     (a) Before agreeing on a punishment, consider all relevant factors, including, without limitation:

          (1) The danger to the health or safety of the public from the violation;

          (2) The economic benefit received by the osteopathic physician from the violation;

          (3) Any mitigation or aggravation by the osteopathic physician of the effects of the violation;

          (4) The extent to which the osteopathic physician demonstrates his or her good faith;

          (5) Any previous history of violations by the osteopathic physician;

          (6) Whether the osteopathic physician knew or, as a competent osteopathic physician, should have known that the action complained of violated a law, a regulation or a condition on his or her license;

          (7) Whether the osteopathic physician has initiated remedial measures to prevent similar violations;

          (8) The magnitude of penalties imposed on other osteopathic physicians for similar violations;

          (9) The proportionality of the penalty in relation to the misconduct; and

          (10) If the osteopathic physician offered evidence of mitigating factors, all such evidence.

     (b) Agree on punishment that may, in addition to any sanction authorized pursuant to subsection 1 of NRS 633.651, require the osteopathic physician to:

          (1) Participate in a program, approved by the Board, to correct alcohol or drug dependence or any other impairment;

          (2) Practice only under supervision approved by the Board and paid for by the osteopathic physician;

          (3) Perform public service approved by the Board without compensation;

          (4) Submit to a physical or mental examination or a medical competency examination for the purposes of determining his or her fitness to practice osteopathic medicine with reasonable skill and safety to patients;

          (5) Fulfill certain training or educational requirements approved by the Board; and

          (6) Pay all costs incurred by the Board relating to the disciplinary proceedings.

     (c) Issue and serve on the osteopathic physician its final order.

     (Added to NAC by Bd. of Osteopathic Med. by R057-02, eff. 10-24-2002; A by R192-07, 12-17-2008)