A.B. 101
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ASSEMBLY BILL NO. 101–ASSEMBLYMEMBER ORENTLICHER
PREFILED JANUARY 14, 2025
____________
Referred to Committee on Health and Human Services
SUMMARY—Revises provisions governing health care.
(BDR 40-159)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to health care; prescribing certain limitations on
the regulation of abortion; prohibiting health care
facilities from making certain deceptive statements to the
public; authorizing the Attorney General to bring an
action against a health care facility for such a violation;
prohibiting certain providers of health care from
prescribing, dispensing or administering a medication to
stop or reverse an abortion unless authorized by the
applicable licensing board; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires the Division of Public and Behavioral Health of the 1
Department of Health and Human Services to adopt and enforce regulations 2
governing: (1) the conditions under and the methods by which abortions may be 3
performed; (2) the qualifications of a person authorized to provide certain 4
information when obtaining informed consent before an abortion is performed; and 5
(3) other aspects pertaining to the performance of abortions. (NRS 442.260) 6
Section 1 of this bill provides that existing law governing abortions, and any 7
regulations adopted pursuant thereto, supersede and preempt any local ordinance or 8
regulation adopted by any county, city, district, agency or other political 9
subdivision of this State that specifically regulates or disproportionately affects 10
abortions or facilities that perform abortions. 11
Section 3 of this bill defines “health care facility” to refer to any entity that 12
provides health care. Section 4 of this bill prohibits a health care facility from 13
making or disseminating to the public a deceptive statement concerning any service 14
that is offered or is not offered by the health care facility. Section 5 of this bill 15
authorizes the Attorney General to seek certain remedial and injunctive relief and 16
civil penalties by bringing an action against a health care facility that violates the 17
provisions of section 4. 18
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Sections 6, 8, 10 and 12 of this bill authorize the Board of Medical Examiners, 19
State Board of Osteopathic Medicine, State Board of Nursing and State Board of 20
Pharmacy, upon determining that prescribing, dispensing or administering a 21
medication to stop or reverse an abortion meets applicable professional standards, 22
to adopt regulations, in consultation with one another, authorizing the prescribing, 23
dispensing or administration of medication to stop or reverse an abortion. Sections 24
7, 9, 11 and 13 of this bill authorize those boards to discipline a physician, nurse or 25
pharmacist, as applicable, for prescribing, dispending or administering a medication 26
to stop or reverse an abortion except where authorized by those regulations. 27
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 442.260 is hereby amended to read as follows: 1
442.260 1. The Division shall adopt and enforce regulations 2
governing the conditions under and the methods by which abortions 3
may be performed, the reasonable minimum qualifications of a 4
person authorized to provide the information required in NRS 5
442.253, as well as all other aspects pertaining to the performance of 6
abortions pursuant to NRS 442.250. 7
2. The Division shall adopt and enforce regulations for a 8
system for reporting abortions. This system must be designed to 9
preserve confidentiality of information on the identity of women 10
upon whom abortions are performed. The Division may require that 11
the following items be reported for each abortion: 12
(a) The date of the abortion; 13
(b) The place of the abortion including the city, county and 14
state; 15
(c) The type of facility; 16
(d) The usual residence of the woman, including the city, county 17
and state; 18
(e) Her age; 19
(f) Her ethnic group or race; 20
(g) Her marital status; 21
(h) The number of previous live births; 22
(i) The number of previous induced abortions; 23
(j) The duration of her pregnancy, as measured from first day of 24
last normal menses to date of abortion, and as estimated by uterine 25
size prior to performance of the abortion; 26
(k) The type of abortion procedure; and 27
(l) If a woman has had a previously induced abortion, the 28
information in paragraphs (a) to (k), inclusive, or as much thereof as 29
can be reasonably obtained, for each previous abortion. 30
3. The Division may adopt regulations to permit studies of 31
individual cases of abortion, but these studies must not be permitted 32
unless: 33
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(a) Absolute assurance is provided that confidentiality of 1
information on the persons involved will be preserved; 2
(b) Informed consent of each person involved in the study is 3
obtained in writing; 4
(c) The study is conducted according to established standards 5
and ethics; and 6
(d) The study is related to problems of health and has scientific 7
merit with regard to both design and the importance of the problems 8
to be solved. 9
4. The provisions of NRS 442.240 to 442.270, inclusive, and 10
any regulations adopted pursuant thereto, supersede and preempt 11
any ordinance or regulation adopted by the governing body of any 12
county, city, district, agency or other political subdivision of this 13
State that specifically regulates or disproportionately affects 14
abortions or facilities at which abortions are performed. 15
Sec. 2. Chapter 597 of NRS is hereby amended by adding 16
thereto the provisions set forth as sections 3, 4 and 5 of this act. 17
Sec. 3. As used in this section and sections 4 and 5 of this 18
act, unless the context otherwise requires, “health care facility” 19
means a facility licensed pursuant to chapter 449 of NRS, an 20
office of a provider of health care, as defined in NRS 629.031, a 21
clinic or any other entity that provides health care. 22
Sec. 4. 1. A health care facility shall not make or 23
disseminate, or cause to be made or disseminated, to the public in 24
any newspaper or other publication, in any advertising device, 25
over the Internet or in any other manner a statement that the 26
health care facility knows or should know is deceptive concerning 27
any service that is or is not offered by the health care facility. 28
2. For the purposes of subsection 1, a statement is deceptive if 29
the statement includes, without limitation, assertions to mislead 30
persons to believe that the health care facility provides a health 31
care service that the facility does not actually provide. 32
Sec. 5. 1. If the Attorney General has reason to believe that 33
a health care facility has violated the provisions of section 4 of this 34
act, the Attorney General may bring an action in the name of the 35
State of Nevada in any court of competent jurisdiction against that 36
health care facility to obtain a temporary restraining order, a 37
preliminary or permanent injunction or other appropriate relief. 38
The relief may include, without limitation, requiring the health 39
care facility to: 40
(a) Pay for and disseminate appropriate corrective advertising 41
in the same newspaper, publication or manner as was used to 42
disseminate the deceptive statement to the public; 43
(b) Post a remedial notice that corrects the effects of the 44
deceptive statement; or 45
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(c) Provide such narrowly tailored relief as the court deems 1
necessary to remedy the adverse effects of the deceptive statement 2
on any patients seeking a service. 3
2. Before commencing an action pursuant to subsection 1, 4
the Attorney General shall provide a written notice to the relevant 5
health care facility, including, without limitation, the following 6
information: 7
(a) A statement that the Attorney General intends to 8
commence an action against the health care facility pursuant to 9
subsection 1; 10
(b) A description of the violation that the Attorney General 11
believes the health care facility has committed; 12
(c) The manner in which the health care facility must cure the 13
violation; and 14
(d) The time within which the health care facility must cure 15
the violation. 16
3. Before bringing an action pursuant to subsection 1 against 17
a health care facility, the Attorney General shall allow the health 18
care facility at least 10 days to cure the relevant violation. 19
4. If, in an action brought pursuant to subsection 1, a court 20
finds by a preponderance of the evidence that a health care facility 21
violated the provisions of section 4 of this act, the court: 22
(a) Shall award the State: 23
(1) A civil penalty of at least $50 and not more than $500 24
per violation; and 25
(2) Reasonable attorney’s fees and costs. 26
(b) May award any other relief authorized by subsection 1. 27
5. This section does not limit the authority of this State or any 28
political subdivision of this State to seek any other administrative, 29
legal or equitable relief permitted by law. 30
Sec. 6. NRS 630.130 is hereby amended to read as follows: 31
630.130 1. In addition to the other powers and duties 32
provided in this chapter, the Board shall, in the interest of the public, 33
judiciously: 34
(a) Enforce the provisions of this chapter; 35
(b) Establish by regulation standards for licensure under this 36
chapter; 37
(c) Conduct examinations for licensure and establish a system of 38
scoring for those examinations; 39
(d) Investigate the character of each applicant for a license and 40
issue licenses to those applicants who meet the qualifications set by 41
this chapter and the Board; and 42
(e) Institute a proceeding in any court to enforce its orders or the 43
provisions of this chapter. 44
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2. Upon determining that prescribing, dispensing or 1
administering a medication to stop or reverse an abortion meets 2
generally accepted standards of the practice of medicine, the 3
Board may, in consultation with the State Board of Osteopathic 4
Medicine, State Board of Nursing and State Board of Pharmacy, 5
adopt regulations authorizing a physician or physician assistant to 6
prescribe, dispense or administer medication to stop or reverse an 7
abortion. Any such regulations must specify: 8
(a) Each medication that a physician or physician assistant 9
may prescribe, dispense or administer to stop or reverse an 10
abortion; and 11
(b) The required procedures for prescribing, dispensing or 12
administering a medication specified pursuant to paragraph (a) to 13
stop or reverse an abortion. 14
3. On or before February 15 of each odd-numbered year, the 15
Board shall submit to the Governor and to the Director of the 16
Legislative Counsel Bureau for transmittal to the next regular 17
session of the Legislature a written report compiling: 18
(a) Disciplinary action taken by the Board during the previous 19
biennium against any licensee for malpractice or negligence; 20
(b) Information reported to the Board during the previous 21
biennium pursuant to NRS 630.3067, 630.3068, subsections 3 and 6 22
of NRS 630.307 and NRS 690B.250; and 23
(c) Information reported to the Board during the previous 24
biennium pursuant to NRS 630.30665, including, without limitation, 25
the number and types of surgeries performed by each holder of a 26
license to practice medicine and the occurrence of sentinel events 27
arising from such surgeries, if any. 28
The report must include only aggregate information for statistical 29
purposes and exclude any identifying information related to a 30
particular person. 31
[3.] 4. The Board may adopt such regulations as are necessary 32
or desirable to enable it to carry out the provisions of this chapter. 33
Sec. 7. NRS 630.306 is hereby amended to read as follows: 34
630.306 1. The following acts, among others, constitute 35
grounds for initiating disciplinary action or denying licensure: 36
(a) Inability to practice medicine with reasonable skill and safety 37
because of illness, a mental or physical condition or the use of 38
alcohol, drugs, narcotics or any other substance. 39
(b) Engaging in any conduct: 40
(1) Which is intended to deceive; 41
(2) Which the Board has determined is a violation of the 42
standards of practice established by regulation of the Board; or 43
(3) Which is in violation of a provision of chapter 639 of 44
NRS, or a regulation adopted by the State Board of Pharmacy 45
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pursuant thereto, that is applicable to a licensee who is a 1
practitioner, as defined in NRS 639.0125. 2
(c) Administering, dispensing or prescribing any controlled 3
substance, or any dangerous drug as defined in chapter 454 of NRS, 4
to or for himself or herself or to others except as authorized by law. 5
(d) Performing, assisting or advising the injection of any 6
substance containing liquid silicone into the human body, except for 7
the use of silicone oil to repair a retinal detachment. 8
(e) Practicing or offering to practice beyond the scope permitted 9
by law or performing services which the licensee knows or has 10
reason to know that he or she is not competent to perform or which 11
are beyond the scope of his or her training. 12
(f) Performing, without first obtaining the informed consent of 13
the patient or the patient’s family, any procedure or prescribing any 14
therapy which by the current standards of the practice of medicine is 15
experimental. 16
(g) Continual failure to exercise the skill or diligence or use the 17
methods ordinarily exercised under the same circumstances by 18
physicians in good standing practicing in the same specialty or field. 19
(h) Having an alcohol or other substance use disorder. 20
(i) Making or filing a report which the licensee or applicant 21
knows to be false or failing to file a record or report as required by 22
law or regulation. 23
(j) Failing to comply with the requirements of NRS 630.254. 24
(k) Failure by a licensee or applicant to report in writing, within 25
30 days, any disciplinary action taken against the licensee or 26
applicant by another state, the Federal Government or a foreign 27
country, including, without limitation, the revocation, suspension or 28
surrender of a license to practice medicine in another jurisdiction. 29
The provisions of this paragraph do not apply to any disciplinary 30
action taken by the Board or taken because of any disciplinary 31
action taken by the Board. 32
(l) Failure by a licensee or applicant to report in writing, within 33
30 days, any criminal action taken or conviction obtained against the 34
licensee or applicant, other than a minor traffic violation, in this 35
State or any other state or by the Federal Government, a branch of 36
the Armed Forces of the United States or any local or federal 37
jurisdiction of a foreign country. 38
(m) Failure to be found competent to practice medicine as a 39
result of an examination to determine medical competency pursuant 40
to NRS 630.318. 41
(n) Operation of a medical facility at any time during which: 42
(1) The license of the facility is suspended or revoked; or 43
(2) An act or omission occurs which results in the suspension 44
or revocation of the license pursuant to NRS 449.160. 45
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This paragraph applies to an owner or other principal responsible 1
for the operation of the facility. 2
(o) Failure to comply with the requirements of NRS 630.373. 3
(p) Engaging in any act that is unsafe or unprofessional conduct 4
in accordance with regulations adopted by the Board. 5
(q) Knowingly or willfully procuring or administering a 6
controlled substance or a dangerous drug as defined in chapter 454 7
of NRS that is not approved by the United States Food and Drug 8
Administration, unless the unapproved controlled substance or 9
dangerous drug: 10
(1) Was procured through a retail pharmacy licensed 11
pursuant to chapter 639 of NRS; 12
(2) Was procured through a Canadian pharmacy which is 13
licensed pursuant to chapter 639 of NRS and which has been 14
recommended by the State Board of Pharmacy pursuant to 15
subsection 4 of NRS 639.2328; 16
(3) Is cannabis being used for medical purposes in 17
accordance with chapter 678C of NRS; or 18
(4) Is an individualized investigational treatment or 19
investigational drug or biological product prescribed to a patient 20
pursuant to NRS 630.3735 or 633.6945. 21
(r) Failure to supervise adequately a medical assistant pursuant 22
to the regulations of the Board. 23
(s) Failure to comply with the provisions of NRS 630.3745. 24
(t) Failure to obtain any training required by the Board pursuant 25
to NRS 630.2535. 26
(u) Failure to comply with the provisions of NRS 454.217 or 27
629.086. 28
(v) Failure to comply with the provisions of NRS 441A.315 or 29
any regulations adopted pursuant thereto. 30
(w) Performing or supervising the performance of a pelvic 31
examination in violation of NRS 629.085. 32
(x) Except as authorized by regulations adopted pursuant to 33
NRS 630.130, prescribing, dispensing or administering a 34
medication to stop or reverse an abortion. 35
2. As used in this section: 36
(a) “Individualized investigational treatment” has the meaning 37
ascribed to it in NRS 454.690. 38
(b) “Investigational drug or biological product” has the meaning 39
ascribed to it in NRS 454.351. 40
Sec. 8. NRS 632.120 is hereby amended to read as follows: 41
632.120 1. The Board shall: 42
(a) Adopt regulations establishing reasonable standards: 43
(1) For the denial, renewal, suspension and revocation of, 44
and the placement of conditions, limitations and restrictions upon, a 45
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license to practice professional or practical nursing or a certificate to 1
practice as a nursing assistant or medication aide - certified. 2
(2) Of professional conduct for the practice of nursing. 3
(3) For prescribing and dispensing controlled substances and 4
dangerous drugs in accordance with applicable statutes. 5
(4) For the psychiatric training and experience necessary for 6
an advanced practice registered nurse to be authorized to make the 7
diagnoses, evaluations and examinations described in NRS 8
432B.6078, 432B.60816, 433A.162, 433A.240, 433A.335, 9
433A.390, 433A.430, 484C.300 and 484C.320 to 484C.350, 10
inclusive, the certifications described in NRS 432B.6075, 11
432B.60814, 433A.170, 433A.195 and 433A.200 and the sworn 12
statements or declarations described in NRS 433A.210 and 13
433A.335. 14
(b) Prepare and administer examinations for the issuance of a 15
license or certificate under this chapter. 16
(c) Investigate and determine the eligibility of an applicant for a 17
license or certificate under this chapter. 18
(d) Carry out and enforce the provisions of this chapter and the 19
regulations adopted pursuant thereto. 20
(e) Develop and disseminate annually to each registered nurse 21
who cares for children information concerning the signs and 22
symptoms of pediatric cancer. 23
2. Upon determining that prescribing, dispensing or 24
administering a medication to stop or reverse an abortion meets 25
generally accepted standards of the practice of nursing, the Board 26
may, in consultation with the Board of Medical Examiners, State 27
Board of Osteopathic Medicine and State Board of Pharmacy, 28
adopt regulations authorizing an advanced practice registered 29
nurse to prescribe, dispense or administer medication to stop or 30
reverse an abortion and a registered nurse to administer 31
medication to stop or reverse an abortion. Any such regulations 32
must specify: 33
(a) Each medication that may be prescribed, dispensed or 34
administered to stop or reverse an abortion; and 35
(b) The required procedures for prescribing, dispensing or 36
administering a medication specified pursuant to paragraph (a) to 37
stop or reverse an abortion. 38
3. The Board may adopt regulations establishing reasonable: 39
(a) Qualifications for the issuance of a license or certificate 40
under this chapter. 41
(b) Standards for the continuing professional competence of 42
licensees or holders of a certificate. The Board may evaluate 43
licensees or holders of a certificate periodically for compliance with 44
those standards. 45
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[3.] 4. The Board may adopt regulations establishing a 1
schedule of reasonable fees and charges, in addition to those set 2
forth in NRS 632.345, for: 3
(a) Investigating licensees or holders of a certificate and 4
applicants for a license or certificate under this chapter; 5
(b) Evaluating the professional competence of licensees or 6
holders of a certificate; 7
(c) Conducting hearings pursuant to this chapter; 8
(d) Duplicating and verifying records of the Board; and 9
(e) Surveying, evaluating and approving schools of practical 10
nursing, and schools and courses of professional nursing, 11
and collect the fees established pursuant to this subsection. 12
[4.] 5. For the purposes of this chapter, the Board shall, by 13
regulation, define the term “in the process of obtaining 14
accreditation.” 15
[5.] 6. The Board may adopt such other regulations, not 16
inconsistent with state or federal law, as may be necessary to carry 17
out the provisions of this chapter relating to nursing assistant 18
trainees, nursing assistants and medication aides - certified. 19
[6.] 7. The Board may adopt such other regulations, not 20
inconsistent with state or federal law, as are necessary to enable it to 21
administer the provisions of this chapter. 22
Sec. 9. NRS 632.347 is hereby amended to read as follows: 23
632.347 1. The Board may deny, revoke or suspend any 24
license or certificate applied for or issued pursuant to this chapter, or 25
take other disciplinary action against a licensee or holder of a 26
certificate, upon determining that the licensee or certificate holder: 27
(a) Is guilty of fraud or deceit in procuring or attempting to 28
procure a license or certificate pursuant to this chapter. 29
(b) Is guilty of any offense: 30
(1) Involving moral turpitude; or 31
(2) Related to the qualifications, functions or duties of a 32
licensee or holder of a certificate, 33
in which case the record of conviction is conclusive evidence 34
thereof. 35
(c) Has been convicted of violating any of the provisions of 36
NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, 37
inclusive. 38
(d) Is unfit or incompetent by reason of gross negligence or 39
recklessness in carrying out usual nursing functions. 40
(e) Uses any controlled substance, dangerous drug as defined in 41
chapter 454 of NRS, or intoxicating liquor to an extent or in a 42
manner which is dangerous or injurious to any other person or 43
which impairs his or her ability to conduct the practice authorized 44
by the license or certificate. 45
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(f) Is a person with mental incompetence. 1
(g) Is guilty of unprofessional conduct, which includes, but is 2
not limited to, the following: 3
(1) Conviction of practicing medicine without a license in 4
violation of chapter 630 of NRS, in which case the record of 5
conviction is conclusive evidence thereof. 6
(2) Impersonating any applicant or acting as proxy for an 7
applicant in any examination required pursuant to this chapter for 8
the issuance of a license or certificate. 9
(3) Impersonating another licensed practitioner or holder of a 10
certificate. 11
(4) Permitting or allowing another person to use his or her 12
license or certificate to practice as a licensed practical nurse, 13
registered nurse, nursing assistant or medication aide - certified. 14
(5) Repeated malpractice, which may be evidenced by claims 15
of malpractice settled against the licensee or certificate holder. 16
(6) Physical, verbal or psychological abuse of a patient. 17
(7) Conviction for the use or unlawful possession of a 18
controlled substance or dangerous drug as defined in chapter 454 of 19
NRS. 20
(h) Has willfully or repeatedly violated the provisions of this 21
chapter. The voluntary surrender of a license or certificate issued 22
pursuant to this chapter is prima facie evidence that the licensee or 23
certificate holder has committed or expects to commit a violation of 24
this chapter. 25
(i) Is guilty of aiding or abetting any person in a violation of this 26
chapter. 27
(j) Has falsified an entry on a patient’s medical chart concerning 28
a controlled substance. 29
(k) Has falsified information which was given to a physician, 30
pharmacist, podiatric physician or dentist to obtain a controlled 31
substance. 32
(l) Has knowingly procured or administered a controlled 33
substance or a dangerous drug as defined in chapter 454 of NRS that 34
is not approved by the United States Food and Drug Administration, 35
unless the unapproved controlled substance or dangerous drug: 36
(1) Was procured through a retail pharmacy licensed 37
pursuant to chapter 639 of NRS; 38
(2) Was procured through a Canadian pharmacy which is 39
licensed pursuant to chapter 639 of NRS and which has been 40
recommended by the State Board of Pharmacy pursuant to 41
subsection 4 of NRS 639.2328; 42
(3) Is cannabis being used for medical purposes in 43
accordance with chapter 678C of NRS; or 44
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(4) Is an individualized investigational treatment or 1
investigational drug or biological product prescribed to a patient 2
pursuant to NRS 630.3735 or 633.6945. 3
(m) Has been disciplined in another state in connection with a 4
license to practice nursing or a certificate to practice as a nursing 5
assistant or medication aide - certified, or has committed an act in 6
another state which would constitute a violation of this chapter. 7
(n) Has engaged in conduct likely to deceive, defraud or 8
endanger a patient or the general public. 9
(o) Has willfully failed to comply with a regulation, subpoena or 10
order of the Board. 11
(p) Has operated a medical facility at any time during which: 12
(1) The license of the facility was suspended or revoked; or 13
(2) An act or omission occurred which resulted in the 14
suspension or revocation of the license pursuant to NRS 449.160. 15
This paragraph applies to an owner or other principal responsible 16
for the operation of the facility. 17
(q) Is an advanced practice registered nurse who has failed to 18
obtain any training required by the Board pursuant to 19
NRS 632.2375. 20
(r) Is an advanced practice registered nurse who has failed to 21
comply with the provisions of NRS 453.163, 453.164, 453.226, 22
639.23507, 639.23535 and 639.2391 to 639.23916, inclusive, and 23
any regulations adopted by the State Board of Pharmacy pursuant 24
thereto. 25
(s) Has engaged in the fraudulent, illegal, unauthorized or 26
otherwise inappropriate prescribing, administering or dispensing of 27
a controlled substance listed in schedule II, III or IV. 28
(t) Has violated the provisions of NRS 454.217 or 629.086. 29
(u) Has performed or supervised the performance of a pelvic 30
examination in violation of NRS 629.085. 31
(v) Has failed to comply with the provisions of NRS 441A.315 32
or any regulations adopted pursuant thereto. 33
(w) Except as authorized by any regulations adopted pursuant 34
to NRS 632.120, has prescribed, dispensed or administered a 35
medication to stop or reverse an abortion. 36
2. For the purposes of this section, a plea or verdict of guilty or 37
guilty but mentally ill or a plea of nolo contendere constitutes a 38
conviction of an offense. The Board may take disciplinary action 39
pending the appeal of a conviction. 40
3. A licensee or certificate holder is not subject to disciplinary 41
action solely for administering auto-injectable epinephrine pursuant 42
to a valid order issued pursuant to NRS 630.374 or 633.707. 43
4. As used in this section: 44
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(a) “Individualized investigational treatment” has the meaning 1
ascribed to it in NRS 454.690. 2
(b) “Investigational drug or biological product” has the meaning 3
ascribed to it in NRS 454.351. 4
Sec. 10. NRS 633.291 is hereby amended to read as follows: 5
633.291 1. The Board shall adopt and enforce regulations 6
necessary to enable it to carry out its duties under this chapter, 7
including but not limited to regulations which establish the 8
principles of medical ethics to be used as the basis for determining 9
whether conduct which does not constitute malpractice is unethical. 10
2. Upon determining that prescribing, dispensing or 11
administering a medication to stop or reverse an abortion meets 12
generally accepted standards of the practice of medicine, the 13
Board may, in consultation with the Board of Medical Examiners, 14
State Board of Nursing and State Board of Pharmacy, adopt 15
regulations authorizing an osteopathic physician or physician 16
assistant to prescribe, dispense or administer medication to stop or 17
reverse an abortion. Any such regulations must specify: 18
(a) Each medication that an osteopathic physician or 19
physician assistant may prescribe, dispense or administer to stop 20
or reverse an abortion; and 21
(b) The required procedures for prescribing, dispensing or 22
administering a medication specified pursuant to paragraph (a) to 23
stop or reverse an abortion. 24
Sec. 11. NRS 633.511 is hereby amended to read as follows: 25
633.511 1. The grounds for initiating disciplinary action 26
pursuant to this chapter are: 27
(a) Unprofessional conduct. 28
(b) Conviction of: 29
(1) A violation of any federal or state law regulating the 30
possession, distribution or use of any controlled substance or any 31
dangerous drug as defined in chapter 454 of NRS; 32
(2) A felony relating to the practice of osteopathic medicine 33
or practice as a physician assistant or anesthesiologist assistant; 34
(3) A violation of any of the provisions of NRS 616D.200, 35
616D.220, 616D.240 or 616D.300 to 616D.440, inclusive; 36
(4) Murder, voluntary manslaughter or mayhem; 37
(5) Any felony involving the use of a firearm or other deadly 38
weapon; 39
(6) Assault with intent to kill or to commit sexual assault or 40
mayhem; 41
(7) Sexual assault, statutory sexual seduction, incest, 42
lewdness, indecent exposure or any other sexually related crime; 43
(8) Abuse or neglect of a child or contributory delinquency; 44
or 45
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(9) Any offense involving moral turpitude. 1
(c) The suspension of a license to practice osteopathic medicine 2
or to practice as a physician assistant or anesthesiologist assistant by 3
any other jurisdiction. 4
(d) Malpractice or gross malpractice, which may be evidenced 5
by a claim of malpractice settled against a licensee. 6
(e) Professional incompetence. 7
(f) Failure to comply with the requirements of NRS 633.527. 8
(g) Failure to comply with the requirements of subsection 3 of 9
NRS 633.471. 10
(h) Failure to comply with the provisions of NRS 633.694. 11
(i) Operation of a medical facility, as defined in NRS 449.0151, 12
at any time during which: 13
(1) The license of the facility is suspended or revoked; or 14
(2) An act or omission occurs which results in the suspension 15
or revocation of the license pursuant to NRS 449.160. 16
This paragraph applies to an owner or other principal responsible 17
for the operation of the facility. 18
(j) Failure to comply with the provisions of subsection 2 of 19
NRS 633.322. 20
(k) Signing a blank prescription form. 21
(l) Knowingly or willfully procuring or administering a 22
controlled substance or a dangerous drug as defined in chapter 454 23
of NRS that is not approved by the United States Food and Drug 24
Administration, unless the unapproved controlled substance or 25
dangerous drug: 26
(1) Was procured through a retail pharmacy licensed 27
pursuant to chapter 639 of NRS; 28
(2) Was procured through a Canadian pharmacy which is 29
licensed pursuant to chapter 639 of NRS and which has been 30
recommended by the State Board of Pharmacy pursuant to 31
subsection 4 of NRS 639.2328; 32
(3) Is cannabis being used for medical purposes in 33
accordance with chapter 678C of NRS; or 34
(4) Is an individualized investigational treatment or 35
investigational drug or biological product prescribed to a patient 36
pursuant to NRS 630.3735 or 633.6945. 37
(m) Attempting, directly or indirectly, by intimidation, coercion 38
or deception, to obtain or retain a patient or to discourage the use of 39
a second opinion. 40
(n) Terminating the medical care of a patient without adequate 41
notice or without making other arrangements for the continued care 42
of the patient. 43
(o) In addition to the provisions of subsection 3 of NRS 44
633.524, making or filing a report which the licensee knows to be 45
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false, failing to file a record or report that is required by law or 1
knowingly or willfully obstructing or inducing another to obstruct 2
the making or filing of such a record or report. 3
(p) Failure to report any person the licensee knows, or has 4
reason to know, is in violation of the provisions of this chapter, 5
except for a violation of NRS 633.4717, or the regulations of the 6
Board within 30 days after the date the licensee knows or has reason 7
to know of the violation. 8
(q) Failure by a licensee or applicant to report in writing, within 9
30 days, any criminal action taken or conviction obtained against the 10
licensee or applicant, other than a minor traffic violation, in this 11
State or any other state or by the Federal Government, a branch of 12
the Armed Forces of the United States or any local or federal 13
jurisdiction of a foreign country. 14
(r) Engaging in any act that is unsafe in accordance with 15
regulations adopted by the Board. 16
(s) Failure to comply with the provisions of NRS 629.515. 17
(t) Failure to supervise adequately a medical assistant pursuant 18
to the regulations of the Board. 19
(u) Failure to obtain any training required by the Board pursuant 20
to NRS 633.473. 21
(v) Failure to comply with the provisions of NRS 633.6955. 22
(w) Failure to comply with the provisions of NRS 453.163, 23
453.164, 453.226, 639.23507, 639.23535 and 639.2391 to 24
639.23916, inclusive, and any regulations adopted by the State 25
Board of Pharmacy pursuant thereto. 26
(x) Fraudulent, illegal, unauthorized or otherwise inappropriate 27
prescribing, administering or dispensing of a controlled substance 28
listed in schedule II, III or IV. 29
(y) Failure to comply with the provisions of NRS 454.217 or 30
629.086. 31
(z) Failure to comply with the provisions of NRS 441A.315 or 32
any regulations adopted pursuant thereto. 33
(aa) Performing or supervising the performance of a pelvic 34
examination in violation of NRS 629.085. 35
(bb) Except as authorized by any regulations adopted pursuant 36
to NRS 633.291, prescribing, dispensing or administering a 37
medication to stop or reverse an abortion. 38
2. As used in this section: 39
(a) “Individualized investigational treatment” has the meaning 40
ascribed to it in NRS 454.690. 41
(b) “Investigational drug or biological product” has the meaning 42
ascribed to it in NRS 454.351. 43
Sec. 12. NRS 639.070 is hereby amended to read as follows: 44
639.070 1. The Board may: 45
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(a) Adopt such regulations, not inconsistent with the laws of this 1
State, as are necessary for the protection of the public, appertaining 2
to the practice of pharmacy and the lawful performance of its duties. 3
(b) Adopt regulations requiring that prices charged by retail 4
pharmacies for drugs and medicines which are obtained by 5
prescription be posted in the pharmacies and be given on the 6
telephone to persons requesting such information. 7
(c) Adopt regulations, not inconsistent with the laws of this 8
State, authorizing the Executive Secretary of the Board to issue 9
certificates, licenses and permits required by this chapter and 10
chapters 453 and 454 of NRS. 11
(d) Adopt regulations governing the dispensing of poisons, 12
drugs, chemicals and medicines. 13
(e) Regulate the practice of pharmacy. 14
(f) Regulate the sale and dispensing of poisons, drugs, chemicals 15
and medicines. 16
(g) Regulate the means of recordkeeping and storage, handling, 17
sanitation and security of drugs, poisons, medicines, chemicals and 18
devices, including, but not limited to, requirements relating to: 19
(1) Pharmacies, institutional pharmacies and pharmacies in 20
correctional institutions; 21
(2) Drugs stored in hospitals; and 22
(3) Drugs stored for the purpose of wholesale distribution. 23
(h) Examine and register, upon application, pharmacists and 24
other persons who dispense or distribute medications whom it 25
deems qualified. 26
(i) Charge and collect necessary and reasonable fees for the 27
expedited processing of a request or for any other incidental service 28
the Board provides, other than those specifically set forth in this 29
chapter. 30
(j) Maintain offices in as many localities in the State as it finds 31
necessary to carry out the provisions of this chapter. 32
(k) Employ attorneys, inspectors, investigators and other 33
professional consultants and clerical personnel necessary to the 34
discharge of its duties. 35
(l) Enforce the provisions of NRS 453.011 to 453.552, inclusive, 36
and enforce the provisions of this chapter and chapter 454 of NRS. 37
(m) Adopt regulations concerning the information required to be 38
submitted in connection with an application for any license, 39
certificate or permit required by this chapter or chapter 453 or 454 40
of NRS. 41
(n) Adopt regulations concerning the education, experience and 42
background of a person who is employed by the holder of a license 43
or permit issued pursuant to this chapter and who has access to 44
drugs and devices. 45
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(o) Adopt regulations concerning the use of computerized 1
mechanical equipment for the filling of prescriptions. 2
(p) Participate in and expend money for programs that enhance 3
the practice of pharmacy. 4
(q) Enter into written agreements with local, state and federal 5
agencies for the purpose of improving the enforcement of and 6
compliance with the provisions of this chapter and chapters 453 and 7
454 of NRS. 8
(r) Contract with a private entity to administer the database of 9
the program established pursuant to NRS 453.162. 10
2. Upon determining that dispensing a medication to stop or 11
reverse an abortion meets generally accepted standards of the 12
practice of pharmacy, the Board may, in consultation with the 13
Board of Medical Examiners, State Board of Osteopathic 14
Medicine and State Board of Nursing, adopt regulations 15
authorizing a pharmacist to dispense medication to stop or reverse 16
an abortion. Any such regulations must specify: 17
(a) Each medication that a pharmacist may dispense to stop or 18
reverse an abortion; and 19
(b) The required procedures for dispensing a medication 20
specified pursuant to paragraph (a) to stop or reverse an abortion. 21
3. The Board shall, to the extent feasible, communicate or 22
cooperate with or provide any documents or other information to 23
any other licensing board or any other agency that is investigating a 24
person, including, without limitation, a law enforcement agency. 25
[3.] 4. This section does not authorize the Board to prohibit 26
open-market competition in the advertising and sale of prescription 27
drugs and pharmaceutical services. 28
Sec. 13. NRS 639.210 is hereby amended to read as follows: 29
639.210 The Board may suspend or revoke any certificate, 30
license, registration or permit issued pursuant to this chapter, and 31
deny the application of any person for a certificate, license, 32
registration or permit, if the holder or applicant: 33
1. Is not of good moral character; 34
2. Is guilty of habitual intemperance; 35
3. Becomes or is intoxicated or under the influence of liquor, 36
any depressant drug or a controlled substance, unless taken pursuant 37
to a lawfully issued prescription, while on duty in any establishment 38
licensed by the Board; 39
4. Is guilty of unprofessional conduct or conduct contrary to 40
the public interest; 41
5. Has a substance use disorder; 42
6. Has been convicted of a violation of any law or regulation of 43
the Federal Government or of this or any other state related to 44
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controlled substances, dangerous drugs, drug samples, or the 1
wholesale or retail distribution of drugs; 2
7. Has been convicted of: 3
(a) A felony relating to holding a certificate, license, registration 4
or permit pursuant to this chapter; 5
(b) A felony pursuant to NRS 639.550 or 639.555; or 6
(c) Other crime involving moral turpitude, dishonesty or 7
corruption; 8
8. Has been convicted of violating any of the provisions of 9
NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, 10
inclusive; 11
9. Has willfully made to the Board or its authorized 12
representative any false statement which is material to the 13
administration or enforcement of any of the provisions of this 14
chapter; 15
10. Has obtained any certificate, certification, license or permit 16
by the filing of an application, or any record, affidavit or other 17
information in support thereof, which is false or fraudulent; 18
11. Has violated any provision of the Federal Food, Drug and 19
Cosmetic Act or any other federal law or regulation relating to 20
prescription drugs; 21
12. Has violated, attempted to violate, assisted or abetted in the 22
violation of or conspired to violate any of the provisions of this 23
chapter or any law or regulation relating to drugs, the manufacture 24
or distribution of drugs or the practice of pharmacy, or has 25
knowingly permitted, allowed, condoned or failed to report a 26
violation of any of the provisions of this chapter or any law or 27
regulation relating to drugs, the manufacture or distribution of drugs 28
or the practice of pharmacy committed by the holder of a certificate, 29
license, registration or permit; 30
13. Has failed to renew a certificate, license or permit by 31
failing to submit the application for renewal or pay the renewal fee 32
therefor; 33
14. Has had a certificate, license or permit suspended or 34
revoked in another state on grounds which would cause suspension 35
or revocation of a certificate, license or permit in this State; 36
15. Has, as a managing pharmacist, violated any provision of 37
law or regulation concerning recordkeeping or inventory in a store 38
over which he or she presides, or has knowingly allowed a violation 39
of any provision of this chapter or other state or federal laws or 40
regulations relating to the practice of pharmacy by personnel of the 41
pharmacy under his or her supervision; 42
16. Has repeatedly been negligent, which may be evidenced by 43
claims of malpractice settled against him or her; 44
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17. Has failed to maintain and make available to a state or 1
federal officer any records in accordance with the provisions of this 2
chapter or chapter 453 or 454 of NRS; 3
18. Has failed to file or maintain a bond or other security if 4
required by NRS 639.515; 5
19. Has dispensed a self-administered hormonal contraceptive 6
under the protocol established pursuant to NRS 639.28077 without 7
complying with NRS 639.28078; [or] 8
20. Except as authorized by any regulations adopted pursuant 9
to NRS 639.070, has dispensed a medication to stop or reverse an 10
abortion; or 11
21. Has operated a medical facility, as defined in NRS 12
449.0151, at any time during which: 13
(a) The license of the facility was suspended or revoked; or 14
(b) An act or omission occurred which resulted in the 15
suspension or revocation of the license pursuant to NRS 449.160. 16
This subsection applies to an owner or other principal responsible 17
for the operation of the facility. 18
Sec. 14. This act becomes effective upon passage and 19
approval. 20
H