NAC654.220. Complaints: Filing; investigation; formal hearing; service of notice; disciplinary action or dismissal of charges; report of discipline imposed; voluntary surrender of license.

     1. Any person who becomes aware that a person licensed pursuant to the provisions of chapter 654 of NRS is engaged in conduct which constitutes grounds for disciplinary action may file a complaint with the Board. The complaint must be in writing and signed by the complainant.

     2. The Board will permit the licensee to provide proof satisfactory to the Board that he or she was not engaged in conduct which is grounds for disciplinary action.

     3. A member of the Board, or a committee appointed by the Board to review cases, will review each complaint and conduct an investigation to determine whether there is a reasonable basis for the complaint. Except as otherwise provided in subsection 4, a member of the Board who participated in the investigation may not participate in the decision whether to take further action on the complaint following the investigation and may not participate in any subsequent hearing or action by the Board relating to the complaint.

     4. If a member of the Board, or a committee appointed by the Board to review cases, decides to proceed with disciplinary action, the member of the Board or committee:

     (a) Will refer the case to a prosecutor to bring charges against the licensee in the manner set forth in NRS 622A.300; and

     (b) May recommend that the Board impose on the licensee one or more of the disciplinary actions set forth in subsection 8.

     5. If the member of the Board or committee appointed to review the case recommends that the Board impose one or more of the disciplinary actions set forth in subsection 8:

     (a) The Board will give the licensee written notice of the disciplinary action recommended by the member of the Board or committee appointed to review the case. The written notice must be:

          (1) Delivered personally to the licensee; or

          (2) Sent by certified mail to the last known address of the licensee.

     (b) Upon receipt of the written notice required pursuant to paragraph (a), the licensee may submit a written request to the Board to enter into a discipline agreement with the Board. The written request must:

          (1) Be on a form prescribed by the Board; and

          (2) State that the licensee knowingly, intelligently and voluntarily:

               (I) Waives his or her right to a hearing on the charges brought against him or her; and

               (II) Agrees to the terms of the discipline recommended to the Board pursuant to paragraph (b) of subsection 4.

     6. If a licensee submits a written request for a discipline agreement to the Board pursuant to paragraph (b) of subsection 5, the Board will consider whether to impose the discipline recommended pursuant to paragraph (b) of subsection 4 at a meeting of the Board held pursuant to NRS 654.100. At the meeting, the Board may not impose any discipline on the licensee other than the discipline recommended pursuant to paragraph (b) of subsection 4 that was agreed to by the licensee pursuant to sub-subparagraph (II) of subparagraph (2) of paragraph (b) of subsection 5. 

     7. If:

     (a) The Board does not impose discipline on the licensee at the meeting described in subsection 6; or

     (b) The licensee does not submit a written request to enter into a discipline agreement with the Board pursuant to paragraph (b) of subsection 5,

Ê the Board will set a time and place for a formal hearing. The Board will conduct the hearing in compliance with the provisions of chapters 233B and 622A of NRS.

     8. If the Board determines by a finding of substantial evidence at a hearing conducted pursuant to subsection 7 that the licensee was engaged in conduct which is grounds for disciplinary action, it may order that the licensee:

     (a) Be placed on probation for a specified time with conditions that the Board considers appropriate which may include, without limitation, restricting the number of facilities for which the licensee may act as an administrator of record.

     (b) Receive a public reprimand.

     (c) Have restrictions placed on the licensee’s practice, including, without limitation, prohibiting the licensee from transporting patients or residents by motor vehicle if the licensee has been convicted for any offense for driving under the influence of intoxicating liquor or a controlled substance.

     (d) Receive a suspension for a specified time or until further order of the Board.

     (e) Have his or her license revoked.

     (f) Participate in a program for the treatment of substance abuse.

     (g) Pay an administrative fine, pursuant to NRS 654.190, of not more than $10,000 for each violation.

     9. If the Board determines at a hearing conducted pursuant to subsection 7 that the licensee was not engaged in conduct which is grounds for disciplinary action, the Board will dismiss the charges in writing and notify the licensee that the charges have been dismissed.

     10. If discipline is imposed against a licensee pursuant to this section, the Board will report the disciplinary action to the Healthcare Integrity and Protection Data Bank maintained by the Health Resources and Services Administration of the United States Department of Health and Human Services or its successor.

     11. The Board may, subject to the provisions of NRS 654.190, accept the voluntary surrender of a license.

     [Bd. of Exam’rs for Nursing Fac. Admin., License Rule No. 17, eff. 12-28-69; renumbered as No. 16, 8-16-75]—(NAC A 2-1-85; 3-27-92; A by Bd. of Exam’rs for Admin’rs of Facilities for Long-Term Care, 11-29-95; R187-97, 3-12-98; R171-01, 6-28-2002; A by Bd. of Exam’rs for Long-Term Care Admin’rs by R129-09, 10-15-2010; R174-12, 2-20-2013)