1 | 1 | | REQUIRES TWO-THIRDS MAJORITY VOTE |
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2 | 2 | | (§§ 9, 21, 26 & NRS 453.221, 453.226, 639.170) |
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3 | 3 | | A.B. 170 |
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4 | 4 | | |
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5 | 5 | | - *AB170* |
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6 | 6 | | |
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7 | 7 | | ASSEMBLY BILL NO. 170–ASSEMBLYMEMBER NADEEM |
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8 | 8 | | |
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9 | 9 | | PREFILED JANUARY 31, 2025 |
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10 | 10 | | ____________ |
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11 | 11 | | |
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12 | 12 | | Referred to Committee on Commerce and Labor |
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13 | 13 | | |
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14 | 14 | | SUMMARY—Providing for the licensure of associate physicians |
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15 | 15 | | and associate osteopathic physicians. (BDR 54-840) |
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16 | 16 | | |
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17 | 17 | | FISCAL NOTE: Effect on Local Government: No. |
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18 | 18 | | Effect on the State: Yes. |
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19 | 19 | | |
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20 | 20 | | ~ |
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21 | 21 | | |
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22 | 22 | | EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. |
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23 | 23 | | |
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24 | 24 | | |
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25 | 25 | | AN ACT relating to health care; providing for the licensure of |
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26 | 26 | | associate physicians and associate osteopathic physicians; |
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27 | 27 | | prescribing the conditions under which an associate |
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28 | 28 | | physician or associate osteopathic physician is authorized |
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29 | 29 | | to practice medicine or osteopathic medicine; authorizing |
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30 | 30 | | an associate physician or associate osteopathic physician |
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31 | 31 | | to register to possess, administer, prescribe or dispense |
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32 | 32 | | controlled substances; and providing other matters |
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33 | 33 | | properly relating thereto. |
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34 | 34 | | Legislative Counsel’s Digest: |
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35 | 35 | | Existing law provides for the licensing of physicians and physician assistants 1 |
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36 | 36 | | by the Board of Medical Examiners and for the licensing of osteopathic physicians 2 |
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37 | 37 | | and physician assistants by the State Board of Osteopathic Medicine. (NRS 3 |
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38 | 38 | | 630.160-630.1607, 630.258-630.2665, 630.271-630.2755, 633.305-633.420, 4 |
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39 | 39 | | 633.432-633.4336) Sections 2-9 and 14-21 of this bill create limited licenses that 5 |
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40 | 40 | | authorize certain medical school graduates to engage in the supervised practice of 6 |
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41 | 41 | | medicine as an associate physician or associate osteopathic physician. Sections 2 7 |
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42 | 42 | | and 14 authorize the Board of Medical Examiners and State Board of Osteopathic 8 |
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43 | 43 | | Medicine, respectively, to issue a limited license as an associate physician or 9 |
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44 | 44 | | associate osteopathic physician to an applicant who: (1) has graduated from certain 10 |
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45 | 45 | | medical schools; (2) has completed at least 1 year of postgraduate medical 11 |
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46 | 46 | | education as a resident or intern as a part of certain programs; and (3) possesses 12 |
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47 | 47 | | certain other qualifications. Sections 3 and 15 limit an associate physician or 13 |
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48 | 48 | | associate osteopathic physician to practicing medicine under the supervision and 14 |
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49 | 49 | | control of a supervising physician or supervising osteopathic physician. Sections 5 15 |
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50 | 50 | | and 17 prescribe the required qualifications of a supervising physician or 16 |
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51 | 51 | | supervising osteopathic physician. Sections 3 and 15 require an associate physician 17 |
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52 | 52 | | or associate osteopathic physician to enter into a collaborative practice agreement 18 |
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53 | 53 | | with his or her supervising physician or supervising osteopathic physician. 19 |
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54 | 54 | | – 2 – |
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55 | 55 | | |
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56 | 56 | | |
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57 | 57 | | - *AB170* |
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58 | 58 | | Sections 6 and 18 prescribe the provisions that are required to be included in the 20 |
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59 | 59 | | collaborative practice agreement. 21 |
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60 | 60 | | Sections 3 and 15 require a supervising physician or supervising osteopathic 22 |
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61 | 61 | | physician to be on the same premises and available to assist an associate physician 23 |
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62 | 62 | | or associate osteopathic physician for the first 30 days of supervision. Sections 3 24 |
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63 | 63 | | and 15 require a supervising physician or supervising osteopathic physician, or 25 |
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64 | 64 | | designee thereof, to be on the same premises and available to assist at all times an 26 |
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65 | 65 | | associate physician or associate osteopathic physician, as applicable, who is 27 |
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66 | 66 | | practicing in a county whose population is less than 100,000 (currently all counties 28 |
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67 | 67 | | other than Clark and Washoe Counties). Sections 3 and 15 also require the 29 |
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68 | 68 | | employer of an associate physician or associate osteopathic physician to credential 30 |
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69 | 69 | | and bill for services rendered by an associate physician or associate osteopathic 31 |
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70 | 70 | | physician in the same manner as a physician assistant. Sections 4 and 16 require a 32 |
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71 | 71 | | supervising physician and associate physician or supervising osteopathic physician 33 |
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72 | 72 | | and associate osteopathic physician to take certain measures to notify the public of 34 |
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73 | 73 | | their respective statuses and their relationship. Sections 5 and 17: (1) provide that a 35 |
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74 | 74 | | supervising physician or supervising osteopathic physician is responsible for the 36 |
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75 | 75 | | practice of medicine or osteopathic medicine by the associate physician or associate 37 |
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76 | 76 | | osteopathic physician, as applicable, that he or she is supervising; and (2) require a 38 |
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77 | 77 | | supervising physician or supervising osteopathic physician to maintain insurance 39 |
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78 | 78 | | that covers malpractice by an associate physician or associate osteopathic 40 |
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79 | 79 | | physician, as applicable. Sections 5 and 17 prohibit a supervising physician or 41 |
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80 | 80 | | supervising osteopathic physician from entering into a collaborative practice 42 |
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81 | 81 | | agreement with more than three associate physicians or associate osteopathic 43 |
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82 | 82 | | physicians, as applicable. Sections 5 and 17 additionally prohibit the Board of 44 |
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83 | 83 | | Medical Examiners and the State Board of Osteopathic Medicine, respectively, 45 |
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84 | 84 | | from disciplining a supervising physician or supervising osteopathic physician for 46 |
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85 | 85 | | legal activity of an associate physician or associate osteopathic physician that is 47 |
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86 | 86 | | within the scope of the relevant collaborative practice agreement. 48 |
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87 | 87 | | Sections 7 and 19 authorize an associate physician or associate osteopathic 49 |
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88 | 88 | | physician, respectively, to prescribe or dispense certain controlled substances and 50 |
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89 | 89 | | establish the conditions under which an associate physician or associate osteopathic 51 |
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90 | 90 | | physician may prescribe or dispense such controlled substances. Existing law: (1) 52 |
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91 | 91 | | authorizes the State Board of Pharmacy to issue a registration certificate to 53 |
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92 | 92 | | authorize a physician assistant to possess, administer, prescribe or dispense 54 |
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93 | 93 | | controlled substances, poisons, dangerous drugs or devices in or out of the presence 55 |
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94 | 94 | | of his or her supervising physician; and (2) requires the Board to adopt regulations 56 |
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95 | 95 | | governing the storage, security, recordkeeping and transportation of controlled 57 |
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96 | 96 | | substances, poisons, dangerous drugs or devices by a physician assistant. (NRS 58 |
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97 | 97 | | 639.1373) Section 26 of this bill authorizes the State Board of Pharmacy to 59 |
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98 | 98 | | additionally issue such a registration certificate to associate physicians and 60 |
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99 | 99 | | associate osteopathic physicians and to regulate associate physicians and associate 61 |
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100 | 100 | | osteopathic physicians who hold such a certificate in the same manner as physician 62 |
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101 | 101 | | assistants. 63 |
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102 | 102 | | Sections 8 and 20 provide for the expiration and renewal of the limited licenses 64 |
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103 | 103 | | issued to associate physicians and associate osteopathic physicians, respectively. 65 |
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104 | 104 | | Sections 11 and 25 of this bill require a physician or osteopathic physician to 66 |
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105 | 105 | | biennially submit to the Board of Medical Examiners or the State Board of 67 |
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106 | 106 | | Osteopathic Medicine, as applicable, a list of the names of each associate physician 68 |
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107 | 107 | | or associate osteopathic physician who is supervised by the physician or 69 |
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108 | 108 | | osteopathic physician. Sections 9 and 21 of this bill require those Boards to adopt 70 |
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109 | 109 | | regulations to implement sections 2-9 and 19-21. 71 |
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110 | 110 | | Sections 10, 22 and 27 of this bill make conforming changes to clarify the 72 |
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111 | 111 | | meaning of the terms “supervising physician,” “associate physician,” “supervising 73 |
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112 | 112 | | osteopathic physician” and “associate osteopathic physician.” Sections 11 and 23 74 |
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113 | 113 | | – 3 – |
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114 | 114 | | |
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115 | 115 | | |
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116 | 116 | | - *AB170* |
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117 | 117 | | of this bill make conforming changes to clarify that an applicant for a license as an 75 |
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118 | 118 | | associate physician or an associate osteopathic physician does not hold the same 76 |
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119 | 119 | | qualifications for licensure as an applicant for a standard license as a physician or 77 |
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120 | 120 | | an osteopathic physician. Section 24 of this bill makes a conforming change to 78 |
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121 | 121 | | clarify the applicability of a provision relating to the supervising osteopathic 79 |
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122 | 122 | | physician of a physician assistant. 80 |
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123 | 123 | | |
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124 | 124 | | |
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125 | 125 | | THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN |
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126 | 126 | | SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: |
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127 | 127 | | |
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128 | 128 | | Section 1. Chapter 630 of NRS is hereby amended by adding 1 |
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129 | 129 | | thereto the provisions set forth as sections 2 to 9, inclusive, of this 2 |
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130 | 130 | | act. 3 |
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131 | 131 | | Sec. 2. Except as otherwise provided in NRS 630.161, the 4 |
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132 | 132 | | Board may issue a limited license for a person to practice 5 |
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133 | 133 | | medicine as an associate physician if the applicant: 6 |
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134 | 134 | | 1. Has received the degree of doctor of medicine from a 7 |
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135 | 135 | | medical school in the United States or Canada: 8 |
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136 | 136 | | (a) Approved by the Liaison Committee on Medical Education 9 |
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137 | 137 | | of the American Medical Association and Association of American 10 |
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138 | 138 | | Medical Colleges; or 11 |
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139 | 139 | | (b) Which provides a course of professional instruction 12 |
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140 | 140 | | equivalent to that provided in medical schools in the United States 13 |
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141 | 141 | | approved by the Liaison Committee on Medical Education; 14 |
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142 | 142 | | 2. Has passed the Step 1 Exam and Step 2 CK Exam of the 15 |
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143 | 143 | | United States Medical Licensing Examination or an examination 16 |
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144 | 144 | | deemed equivalent by the Board; 17 |
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145 | 145 | | 3. Has not completed a residency in a program described in 18 |
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146 | 146 | | sub-subparagraph (I) of subparagraph (1) of paragraph (c) of 19 |
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147 | 147 | | subsection 2 of NRS 630.160; 20 |
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148 | 148 | | 4. Has completed at least his or her first year of postgraduate 21 |
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149 | 149 | | medical education as a resident or intern as part of a program 22 |
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150 | 150 | | that: 23 |
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151 | 151 | | (a) Has been approved by the Accreditation Council for 24 |
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152 | 152 | | Graduate Medical Education; 25 |
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153 | 153 | | (b) Conforms to the minimum standards for intern training 26 |
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154 | 154 | | established by the American Osteopathic Association; or 27 |
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155 | 155 | | (c) Is approved by the Board in accordance with the 28 |
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156 | 156 | | regulations adopted pursuant to section 9 of this act; and 29 |
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157 | 157 | | 5. Has basic fluency in the English language. 30 |
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158 | 158 | | Sec. 3. 1. An associate physician shall only practice 31 |
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159 | 159 | | medicine under the supervision and control of a physician: 32 |
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160 | 160 | | (a) Who meets the requirements of section 5 of this act; and 33 |
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161 | 161 | | – 4 – |
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162 | 162 | | |
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163 | 163 | | |
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164 | 164 | | - *AB170* |
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165 | 165 | | (b) With whom the associate physician has entered into a 1 |
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166 | 166 | | collaborative practice agreement that meets the requirements of 2 |
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167 | 167 | | section 6 of this act. 3 |
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168 | 168 | | 2. An associate physician shall not practice medicine in a 4 |
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169 | 169 | | manner that exceeds the skill, training and competence of the 5 |
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170 | 170 | | associate physician or his or her supervising physician. 6 |
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171 | 171 | | 3. For the first 30 days during which an associate physician 7 |
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172 | 172 | | practices medicine under the supervision of a new supervising 8 |
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173 | 173 | | physician, the supervising physician must be physically present on 9 |
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174 | 174 | | the same premises and available to assist the associate physician. 10 |
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175 | 175 | | 4. An associate physician shall not practice medicine in a 11 |
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176 | 176 | | county whose population is less than 100,000 unless the 12 |
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177 | 177 | | supervising physician or another physician designated by the 13 |
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178 | 178 | | supervising physician is physically present on the same premises 14 |
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179 | 179 | | and is available to assist the associate physician. 15 |
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180 | 180 | | 5. An associate physician working in a rural health clinic, as 16 |
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181 | 181 | | defined in 42 U.S.C. § 1395x(aa)(2), shall be considered to be a 17 |
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182 | 182 | | physician assistant for the purposes of the regulations of the 18 |
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183 | 183 | | Centers for Medicare and Medicaid Services of the United States 19 |
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184 | 184 | | Department of Health and Human Services. Such an associate 20 |
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185 | 185 | | physician and his or her supervising physician are not required to 21 |
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186 | 186 | | comply with the requirements of any regulations adopted pursuant 22 |
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187 | 187 | | to section 9 of this act governing the supervision of an associate 23 |
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188 | 188 | | physician that are more stringent than the requirements of federal 24 |
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189 | 189 | | law and regulations. 25 |
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190 | 190 | | 6. A person or entity that employs an associate physician 26 |
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191 | 191 | | shall credential the associate physician and bill for services 27 |
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192 | 192 | | rendered by the associate physician in the same manner as the 28 |
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193 | 193 | | person or entity credentials and bills for the services of a physician 29 |
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194 | 194 | | assistant. 30 |
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195 | 195 | | Sec. 4. 1. The supervising physician of an associate 31 |
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196 | 196 | | physician shall prominently display a disclosure at every office 32 |
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197 | 197 | | where the associate physician practices medicine explaining to 33 |
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198 | 198 | | patients that the patient may be seen by an associate physician and 34 |
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199 | 199 | | the patient may instead request to be seen by the supervising 35 |
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200 | 200 | | physician. 36 |
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201 | 201 | | 2. An associate physician shall clearly identify himself or 37 |
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202 | 202 | | herself as an associate physician, including, without limitation, by 38 |
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203 | 203 | | wearing an identification badge that clearly identifies the person 39 |
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204 | 204 | | as an associate physician. An associate physician may identify 40 |
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205 | 205 | | himself or herself as a doctor. 41 |
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206 | 206 | | 3. While acting as the supervising physician of an associate 42 |
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207 | 207 | | physician, a physician shall wear an identification badge that 43 |
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208 | 208 | | clearly identifies the person as a supervising physician of an 44 |
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209 | 209 | | associate physician. 45 |
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210 | 210 | | – 5 – |
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211 | 211 | | |
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212 | 212 | | |
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213 | 213 | | - *AB170* |
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214 | 214 | | Sec. 5. 1. A physician shall not serve as the supervising 1 |
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215 | 215 | | physician of an associate physician pursuant to subsection 1 of 2 |
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216 | 216 | | section 3 of this act or the designee of a supervising physician 3 |
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217 | 217 | | pursuant to subsection 4 of section 3 of this act unless the 4 |
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218 | 218 | | physician: 5 |
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219 | 219 | | (a) Holds an active unrestricted license to practice medicine in 6 |
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220 | 220 | | this State; and 7 |
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221 | 221 | | (b) Practices in the same specialty area as the associate 8 |
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222 | 222 | | physician or a substantially similar specialty area as the associate 9 |
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223 | 223 | | physician. 10 |
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224 | 224 | | 2. The supervising physician of an associate physician: 11 |
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225 | 225 | | (a) Is responsible for any act that constitutes the practice of 12 |
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226 | 226 | | medicine by the associate physician; 13 |
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227 | 227 | | (b) Must have insurance that includes coverage for any claim 14 |
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228 | 228 | | of malpractice against the associate physician; and 15 |
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229 | 229 | | (c) May not enter into a collaborative practice agreement with 16 |
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230 | 230 | | more than three associate physicians. 17 |
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231 | 231 | | 3. The Board may not deny, revoke or suspend the license of 18 |
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232 | 232 | | or take any other disciplinary action against the supervising 19 |
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233 | 233 | | physician of an associate physician for any act performed by the 20 |
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234 | 234 | | associate physician that: 21 |
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235 | 235 | | (a) Is performed in accordance with the collaborative practice 22 |
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236 | 236 | | agreement entered into pursuant to section 3 of this act; and 23 |
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237 | 237 | | (b) Does not violate applicable federal, state or local laws or 24 |
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238 | 238 | | the regulations of the Board. 25 |
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239 | 239 | | Sec. 6. 1. A collaborative practice agreement entered into 26 |
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240 | 240 | | pursuant to section 3 of this act must be in writing and must 27 |
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241 | 241 | | include, without limitation: 28 |
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242 | 242 | | (a) The names, home and business addresses and telephone 29 |
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243 | 243 | | numbers of the supervising physician and associate physician; 30 |
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244 | 244 | | (b) A list of each location where the associate physician may 31 |
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245 | 245 | | practice medicine, including, without limitation, the prescribing 32 |
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246 | 246 | | and dispensing of controlled substances; 33 |
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247 | 247 | | (c) Any specialty or board certification held by the supervising 34 |
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248 | 248 | | physician; 35 |
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249 | 249 | | (d) Any certification held by the associate physician; 36 |
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250 | 250 | | (e) Requirements governing collaboration between the 37 |
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251 | 251 | | supervising physician and the associate physician, including, 38 |
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252 | 252 | | without limitation: 39 |
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253 | 253 | | (1) The geographic proximity which must exist between the 40 |
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254 | 254 | | supervising physician and the associate physician while the 41 |
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255 | 255 | | associate physician is practicing medicine; and 42 |
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256 | 256 | | (2) A plan for alternative supervision if the supervising 43 |
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257 | 257 | | physician is absent, incapacitated or otherwise unavailable; 44 |
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258 | 258 | | – 6 – |
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259 | 259 | | |
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260 | 260 | | |
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261 | 261 | | - *AB170* |
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262 | 262 | | (f) Any controlled substance the supervising physician 1 |
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263 | 263 | | authorizes the associate physician to prescribe or dispense in 2 |
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264 | 264 | | accordance with section 7 of this act; 3 |
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265 | 265 | | (g) The procedure by which the supervising physician will 4 |
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266 | 266 | | review the standard of care the associate physician is providing to 5 |
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267 | 267 | | patients, which must comply with the regulations adopted 6 |
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268 | 268 | | pursuant to section 9 of this act; 7 |
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269 | 269 | | (h) The duration of the collaborative practice agreement; and 8 |
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270 | 270 | | (i) A statement of any other collaborative practice agreements 9 |
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271 | 271 | | into which: 10 |
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272 | 272 | | (1) The supervising physician has entered with another 11 |
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273 | 273 | | associate physician; and 12 |
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274 | 274 | | (2) The associate physician has entered with another 13 |
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275 | 275 | | supervising physician. 14 |
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276 | 276 | | 2. Upon entering into a new collaborative practice agreement 15 |
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277 | 277 | | with an associate physician, a supervising physician shall file with 16 |
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278 | 278 | | the Board: 17 |
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279 | 279 | | (a) A copy of the agreement; and 18 |
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280 | 280 | | (b) Proof that any controlled substance included in the 19 |
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281 | 281 | | agreement pursuant to paragraph (f) of subsection 1 is within the 20 |
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282 | 282 | | skill, training and competence of the associate physician and his 21 |
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283 | 283 | | or her supervising physician to prescribe and dispense. 22 |
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284 | 284 | | 3. A supervising physician or associate physician may 23 |
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285 | 285 | | terminate a collaborative practice agreement or a relationship with 24 |
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286 | 286 | | a supervising physician or an associate physician, as applicable, at 25 |
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287 | 287 | | any time. Any provision of a collaborative practice agreement or 26 |
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288 | 288 | | any other agreement that limits the authority of a supervising 27 |
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289 | 289 | | physician or an associate physician to terminate a collaborative 28 |
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290 | 290 | | practice agreement or such a relationship is void. 29 |
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291 | 291 | | Sec. 7. 1. An associate physician may prescribe or dispense 30 |
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292 | 292 | | the controlled substances listed in subsection 2 under the 31 |
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293 | 293 | | conditions prescribed by this section if the associate physician: 32 |
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294 | 294 | | (a) Is registered with the State Board of Pharmacy pursuant to 33 |
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295 | 295 | | NRS 639.1373; 34 |
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296 | 296 | | (b) Has entered into a collaborative practice agreement 35 |
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297 | 297 | | pursuant to section 3 of this act authorizing the associate 36 |
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298 | 298 | | physician to prescribe the controlled substance; and 37 |
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299 | 299 | | (c) Meets all other requirements prescribed by federal and 38 |
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300 | 300 | | state law to prescribe controlled substances. 39 |
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301 | 301 | | 2. Subject to the limitations prescribed in NRS 639.1373, an 40 |
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302 | 302 | | associate physician who meets the requirements of subsection 1 41 |
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303 | 303 | | may prescribe or dispense: 42 |
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304 | 304 | | (a) Any controlled substance listed in schedule III, IV or V; 43 |
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305 | 305 | | and 44 |
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306 | 306 | | – 7 – |
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307 | 307 | | |
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308 | 308 | | |
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309 | 309 | | - *AB170* |
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310 | 310 | | (b) Any controlled substance listed in schedule II that contains 1 |
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311 | 311 | | hydrocodone. 2 |
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312 | 312 | | 3. Except as otherwise provided in this subsection, an 3 |
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313 | 313 | | associate physician shall not prescribe or dispense more than a 5-4 |
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314 | 314 | | day supply of a controlled substance listed in schedule II or III. 5 |
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315 | 315 | | An associate physician may prescribe or dispense a 30-day supply 6 |
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316 | 316 | | of buprenorphine for the treatment of a substance use disorder 7 |
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317 | 317 | | under the direction of his or her supervising physician. 8 |
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318 | 318 | | 4. An associate physician shall not prescribe or dispense 9 |
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319 | 319 | | controlled substances unless: 10 |
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320 | 320 | | (a) The supervising physician of the associate physician is 11 |
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321 | 321 | | physically present on the same premises; or 12 |
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322 | 322 | | (b) The associate physician has, at any time, completed 120 13 |
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323 | 323 | | hours practicing medicine over a period of not more than 4 14 |
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324 | 324 | | months with his or her supervising physician physically present on 15 |
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325 | 325 | | the same premises. 16 |
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326 | 326 | | Sec. 8. 1. A limited license to practice medicine as an 17 |
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327 | 327 | | associate physician issued pursuant to section 2 of this act expires 18 |
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328 | 328 | | 2 years after it is issued. 19 |
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329 | 329 | | 2. The Board may renew a limited license to practice 20 |
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330 | 330 | | medicine as an associate physician upon application by the 21 |
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331 | 331 | | associate physician. An application for renewal must include, 22 |
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332 | 332 | | without limitation, proof that the associate physician has actually 23 |
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333 | 333 | | engaged in the practice of medicine under a collaborative practice 24 |
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334 | 334 | | agreement entered into pursuant to section 3 of this act during the 25 |
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335 | 335 | | immediately preceding 2 years. 26 |
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336 | 336 | | Sec. 9. 1. The Board shall adopt regulations necessary: 27 |
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337 | 337 | | (a) To carry out the provisions of sections 2 to 9, inclusive, of 28 |
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338 | 338 | | this act, including, without limitation: 29 |
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339 | 339 | | (1) Any additional requirements for the issuance or 30 |
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340 | 340 | | renewal of a limited license to practice medicine as an associate 31 |
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341 | 341 | | physician. 32 |
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342 | 342 | | (2) The standards for the approval of programs of 33 |
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343 | 343 | | postgraduate medical education pursuant to paragraph (c) of 34 |
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344 | 344 | | subsection 4 of section 2 of this act. 35 |
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345 | 345 | | (3) The required fees for the issuance and renewal of such 36 |
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346 | 346 | | a license. 37 |
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347 | 347 | | (4) Standards of practice for associate physicians, 38 |
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348 | 348 | | including, without limitation, limitations on the practice of 39 |
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349 | 349 | | medicine by an associate physician in addition to those prescribed 40 |
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350 | 350 | | by sections 2 to 9, inclusive, of this act. 41 |
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351 | 351 | | (5) Any additional requirements governing collaborative 42 |
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352 | 352 | | practice agreements entered into pursuant to section 3 of this act. 43 |
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353 | 353 | | (6) Requirements concerning the supervision of an 44 |
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354 | 354 | | associate physician by a supervising physician, including, without 45 |
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355 | 355 | | – 8 – |
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356 | 356 | | |
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357 | 357 | | |
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358 | 358 | | - *AB170* |
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359 | 359 | | limitation, requirements governing the review by the supervising 1 |
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360 | 360 | | physician of the standard of care the associate physician is 2 |
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361 | 361 | | providing to patients. Such regulations must not be more stringent 3 |
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362 | 362 | | than any similar requirements that apply to physician assistants. 4 |
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363 | 363 | | (b) For an associate physician to be eligible to work in a clinic 5 |
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364 | 364 | | that receives federal funding. 6 |
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365 | 365 | | 2. The regulations adopted pursuant to this section and NRS 7 |
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366 | 366 | | 630.253 must not require an associate physician to complete a 8 |
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367 | 367 | | greater amount of continuing education than a physician licensed 9 |
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368 | 368 | | pursuant to NRS 630.160. 10 |
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369 | 369 | | 3. The Board shall publish on the Internet website 11 |
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370 | 370 | | maintained pursuant to NRS 630.144 the name of each associate 12 |
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371 | 371 | | physician and the physician or physicians supervising the 13 |
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372 | 372 | | associate physician. 14 |
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373 | 373 | | Sec. 10. NRS 630.025 is hereby amended to read as follows: 15 |
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374 | 374 | | 630.025 “Supervising physician” means an active physician 16 |
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375 | 375 | | licensed and in good standing in the State of Nevada who supervises 17 |
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376 | 376 | | a physician assistant [.] or an associate physician. 18 |
---|
377 | 377 | | Sec. 11. NRS 630.160 is hereby amended to read as follows: 19 |
---|
378 | 378 | | 630.160 1. Every person desiring to practice medicine must, 20 |
---|
379 | 379 | | before beginning to practice, procure from the Board a license 21 |
---|
380 | 380 | | authorizing the person to practice. 22 |
---|
381 | 381 | | 2. Except as otherwise provided in NRS 630.1605 to 630.161, 23 |
---|
382 | 382 | | inclusive, and 630.258 to 630.2665, inclusive, and sections 2 to 9, 24 |
---|
383 | 383 | | inclusive, of this act, a license may be issued to any person who: 25 |
---|
384 | 384 | | (a) Has received the degree of doctor of medicine from a 26 |
---|
385 | 385 | | medical school: 27 |
---|
386 | 386 | | (1) Approved by the Liaison Committee on Medical 28 |
---|
387 | 387 | | Education of the American Medical Association and Association of 29 |
---|
388 | 388 | | American Medical Colleges; or 30 |
---|
389 | 389 | | (2) Which provides a course of professional instruction 31 |
---|
390 | 390 | | equivalent to that provided in medical schools in the United States 32 |
---|
391 | 391 | | approved by the Liaison Committee on Medical Education; 33 |
---|
392 | 392 | | (b) Is currently certified by a specialty board of the American 34 |
---|
393 | 393 | | Board of Medical Specialties and who agrees to maintain the 35 |
---|
394 | 394 | | certification for the duration of the licensure, or has passed: 36 |
---|
395 | 395 | | (1) All parts of the examination given by the National Board 37 |
---|
396 | 396 | | of Medical Examiners; 38 |
---|
397 | 397 | | (2) All parts of the Federation Licensing Examination; 39 |
---|
398 | 398 | | (3) All parts of the United States Medical Licensing 40 |
---|
399 | 399 | | Examination; 41 |
---|
400 | 400 | | (4) All parts of a licensing examination given by any state or 42 |
---|
401 | 401 | | territory of the United States, if the applicant is certified by a 43 |
---|
402 | 402 | | specialty board of the American Board of Medical Specialties; 44 |
---|
403 | 403 | | – 9 – |
---|
404 | 404 | | |
---|
405 | 405 | | |
---|
406 | 406 | | - *AB170* |
---|
407 | 407 | | (5) All parts of the examination to become a licentiate of the 1 |
---|
408 | 408 | | Medical Council of Canada; or 2 |
---|
409 | 409 | | (6) Any combination of the examinations specified in 3 |
---|
410 | 410 | | subparagraphs (1), (2) and (3) that the Board determines to be 4 |
---|
411 | 411 | | sufficient; 5 |
---|
412 | 412 | | (c) Is currently certified by a specialty board of the American 6 |
---|
413 | 413 | | Board of Medical Specialties in the specialty of emergency 7 |
---|
414 | 414 | | medicine, preventive medicine or family medicine and who agrees 8 |
---|
415 | 415 | | to maintain certification in at least one of these specialties for the 9 |
---|
416 | 416 | | duration of the licensure, or: 10 |
---|
417 | 417 | | (1) Has completed 36 months of progressive postgraduate: 11 |
---|
418 | 418 | | (I) Education as a resident in the United States or Canada 12 |
---|
419 | 419 | | in a program approved by the Board, the Accreditation Council for 13 |
---|
420 | 420 | | Graduate Medical Education, the Royal College of Physicians and 14 |
---|
421 | 421 | | Surgeons of Canada, the Collège des médecins du Québec or the 15 |
---|
422 | 422 | | College of Family Physicians of Canada, or, as applicable, their 16 |
---|
423 | 423 | | successor organizations; or 17 |
---|
424 | 424 | | (II) Fellowship training in the United States or Canada 18 |
---|
425 | 425 | | approved by the Board or the Accreditation Council for Graduate 19 |
---|
426 | 426 | | Medical Education; 20 |
---|
427 | 427 | | (2) Has completed at least 36 months of postgraduate 21 |
---|
428 | 428 | | education, not less than 24 months of which must have been 22 |
---|
429 | 429 | | completed as a resident after receiving a medical degree from a 23 |
---|
430 | 430 | | combined dental and medical degree program approved by the 24 |
---|
431 | 431 | | Board; or 25 |
---|
432 | 432 | | (3) Is a resident who is enrolled in a progressive postgraduate 26 |
---|
433 | 433 | | training program in the United States or Canada approved by the 27 |
---|
434 | 434 | | Board, the Accreditation Council for Graduate Medical Education, 28 |
---|
435 | 435 | | the Royal College of Physicians and Surgeons of Canada, the 29 |
---|
436 | 436 | | Collège des médecins du Québec or the College of Family 30 |
---|
437 | 437 | | Physicians of Canada, or, as applicable, their successor 31 |
---|
438 | 438 | | organizations, has completed at least 24 months of the program and 32 |
---|
439 | 439 | | has committed, in writing, to the Board that he or she will complete 33 |
---|
440 | 440 | | the program; and 34 |
---|
441 | 441 | | (d) Passes a written or oral examination, or both, as to his or her 35 |
---|
442 | 442 | | qualifications to practice medicine and provides the Board with a 36 |
---|
443 | 443 | | description of the clinical program completed demonstrating that the 37 |
---|
444 | 444 | | applicant’s clinical training met the requirements of paragraph (a). 38 |
---|
445 | 445 | | 3. The Board may issue a license to practice medicine after the 39 |
---|
446 | 446 | | Board verifies, through any readily available source, that the 40 |
---|
447 | 447 | | applicant has complied with the provisions of subsection 2. The 41 |
---|
448 | 448 | | verification may include, but is not limited to, using the Federation 42 |
---|
449 | 449 | | Credentials Verification Service. If any information is verified by a 43 |
---|
450 | 450 | | source other than the primary source of the information, the Board 44 |
---|
451 | 451 | | – 10 – |
---|
452 | 452 | | |
---|
453 | 453 | | |
---|
454 | 454 | | - *AB170* |
---|
455 | 455 | | may require subsequent verification of the information by the 1 |
---|
456 | 456 | | primary source of the information. 2 |
---|
457 | 457 | | 4. Notwithstanding any provision of this chapter to the 3 |
---|
458 | 458 | | contrary, if, after issuing a license to practice medicine, the Board 4 |
---|
459 | 459 | | obtains information from a primary or other source of information 5 |
---|
460 | 460 | | and that information differs from the information provided by the 6 |
---|
461 | 461 | | applicant or otherwise received by the Board, the Board may: 7 |
---|
462 | 462 | | (a) Temporarily suspend the license; 8 |
---|
463 | 463 | | (b) Promptly review the differing information with the Board as 9 |
---|
464 | 464 | | a whole or in a committee appointed by the Board; 10 |
---|
465 | 465 | | (c) Declare the license void if the Board or a committee 11 |
---|
466 | 466 | | appointed by the Board determines that the information submitted 12 |
---|
467 | 467 | | by the applicant was false, fraudulent or intended to deceive the 13 |
---|
468 | 468 | | Board; 14 |
---|
469 | 469 | | (d) Refer the applicant to the Attorney General for possible 15 |
---|
470 | 470 | | criminal prosecution pursuant to NRS 630.400; or 16 |
---|
471 | 471 | | (e) If the Board temporarily suspends the license, allow the 17 |
---|
472 | 472 | | license to return to active status subject to any terms and conditions 18 |
---|
473 | 473 | | specified by the Board, including: 19 |
---|
474 | 474 | | (1) Placing the licensee on probation for a specified period 20 |
---|
475 | 475 | | with specified conditions; 21 |
---|
476 | 476 | | (2) Administering a public reprimand; 22 |
---|
477 | 477 | | (3) Limiting the practice of the licensee; 23 |
---|
478 | 478 | | (4) Suspending the license for a specified period or until 24 |
---|
479 | 479 | | further order of the Board; 25 |
---|
480 | 480 | | (5) Requiring the licensee to participate in a program to 26 |
---|
481 | 481 | | correct an alcohol or other substance use disorder; 27 |
---|
482 | 482 | | (6) Requiring supervision of the practice of the licensee; 28 |
---|
483 | 483 | | (7) Imposing an administrative fine not to exceed $5,000; 29 |
---|
484 | 484 | | (8) Requiring the licensee to perform community service 30 |
---|
485 | 485 | | without compensation; 31 |
---|
486 | 486 | | (9) Requiring the licensee to take a physical or mental 32 |
---|
487 | 487 | | examination or an examination testing his or her competence to 33 |
---|
488 | 488 | | practice medicine; 34 |
---|
489 | 489 | | (10) Requiring the licensee to complete any training or 35 |
---|
490 | 490 | | educational requirements specified by the Board; and 36 |
---|
491 | 491 | | (11) Requiring the licensee to submit a corrected application, 37 |
---|
492 | 492 | | including the payment of all appropriate fees and costs incident to 38 |
---|
493 | 493 | | submitting an application. 39 |
---|
494 | 494 | | 5. If the Board determines after reviewing the differing 40 |
---|
495 | 495 | | information to allow the license to remain in active status, the action 41 |
---|
496 | 496 | | of the Board is not a disciplinary action and must not be reported to 42 |
---|
497 | 497 | | any national database. If the Board determines after reviewing the 43 |
---|
498 | 498 | | differing information to declare the license void, its action shall be 44 |
---|
499 | 499 | | – 11 – |
---|
500 | 500 | | |
---|
501 | 501 | | |
---|
502 | 502 | | - *AB170* |
---|
503 | 503 | | deemed a disciplinary action and shall be reportable to national 1 |
---|
504 | 504 | | databases. 2 |
---|
505 | 505 | | Sec. 12. NRS 630.267 is hereby amended to read as follows: 3 |
---|
506 | 506 | | 630.267 1. Each holder of a license to practice medicine for 4 |
---|
507 | 507 | | which the procedure for renewal is not otherwise prescribed by 5 |
---|
508 | 508 | | specific statute must, on or before June 30, or if June 30 is a 6 |
---|
509 | 509 | | Saturday, Sunday or legal holiday, on the next business day after 7 |
---|
510 | 510 | | June 30, of each odd-numbered year: 8 |
---|
511 | 511 | | (a) Submit a list of all actions filed or claims submitted to 9 |
---|
512 | 512 | | arbitration or mediation for malpractice or negligence against him or 10 |
---|
513 | 513 | | her during the previous 2 years. 11 |
---|
514 | 514 | | (b) Pay to the Secretary-Treasurer of the Board the applicable 12 |
---|
515 | 515 | | fee for biennial registration. This fee must be collected for the 13 |
---|
516 | 516 | | period for which a physician is licensed. 14 |
---|
517 | 517 | | (c) Submit a list of the names of each associate physician 15 |
---|
518 | 518 | | supervised by the holder of the license, if applicable. 16 |
---|
519 | 519 | | (d) Submit all information required to complete the biennial 17 |
---|
520 | 520 | | registration. 18 |
---|
521 | 521 | | 2. When a holder of a license fails to pay the fee for biennial 19 |
---|
522 | 522 | | registration and submit all information required to complete the 20 |
---|
523 | 523 | | biennial registration after they become due, his or her license to 21 |
---|
524 | 524 | | practice medicine in this State expires. The holder may, within 2 22 |
---|
525 | 525 | | years after the date the license expires, upon payment of twice the 23 |
---|
526 | 526 | | amount of the current fee for biennial registration to the Secretary-24 |
---|
527 | 527 | | Treasurer and submission of all information required to complete 25 |
---|
528 | 528 | | the biennial registration and after he or she is found to be in good 26 |
---|
529 | 529 | | standing and qualified under the provisions of this chapter, be 27 |
---|
530 | 530 | | reinstated to practice. 28 |
---|
531 | 531 | | 3. Not later than 60 days before a license is scheduled to 29 |
---|
532 | 532 | | expire, the Board shall make such reasonable attempts as are 30 |
---|
533 | 533 | | practicable to notify the licensee: 31 |
---|
534 | 534 | | (a) At least once that the fee for biennial registration and all 32 |
---|
535 | 535 | | information required to complete the biennial registration are due; 33 |
---|
536 | 536 | | and 34 |
---|
537 | 537 | | (b) The date on which his or her license is scheduled to expire. 35 |
---|
538 | 538 | | 4. After a license expires, the Board shall make such 36 |
---|
539 | 539 | | reasonable attempts as are practicable to notify the holder of the 37 |
---|
540 | 540 | | license that his or her license has expired. 38 |
---|
541 | 541 | | 5. Not later than September 30 of each odd-numbered year, the 39 |
---|
542 | 542 | | Board shall provide a list of licenses to practice medicine that have 40 |
---|
543 | 543 | | expired during that year to the Drug Enforcement Administration of 41 |
---|
544 | 544 | | the United States Department of Justice or its successor agency and 42 |
---|
545 | 545 | | the State Board of Pharmacy. 43 |
---|
546 | 546 | | – 12 – |
---|
547 | 547 | | |
---|
548 | 548 | | |
---|
549 | 549 | | - *AB170* |
---|
550 | 550 | | Sec. 13. Chapter 633 of NRS is hereby amended by adding 1 |
---|
551 | 551 | | thereto the provisions set forth as sections 14 to 21, inclusive, of this 2 |
---|
552 | 552 | | act. 3 |
---|
553 | 553 | | Sec. 14. Except as otherwise provided in NRS 633.315, the 4 |
---|
554 | 554 | | Board may issue a limited license for a person to practice 5 |
---|
555 | 555 | | osteopathic medicine as an associate osteopathic physician if the 6 |
---|
556 | 556 | | applicant: 7 |
---|
557 | 557 | | 1. Has received the degree of doctor of osteopathic medicine 8 |
---|
558 | 558 | | from a medical school in the United States approved by the 9 |
---|
559 | 559 | | Commission on Osteopathic College Accreditation of the 10 |
---|
560 | 560 | | American Osteopathic Association; 11 |
---|
561 | 561 | | 2. Has passed the Level 1 Exam and Level 2 CE Exam of the 12 |
---|
562 | 562 | | Comprehensive Osteopathic Medical Licensing Examination of 13 |
---|
563 | 563 | | the United States of the National Board of Osteopathic Medical 14 |
---|
564 | 564 | | Examiners, the Step 1 Exam and Step 2 CK Exam of the United 15 |
---|
565 | 565 | | States Medical Licensing Examination or an examination deemed 16 |
---|
566 | 566 | | equivalent by the Board; 17 |
---|
567 | 567 | | 3. Has not completed a residency in a program described in 18 |
---|
568 | 568 | | subparagraph (2) of paragraph (c) of subsection 1 of 19 |
---|
569 | 569 | | NRS 633.311; 20 |
---|
570 | 570 | | 4. Has completed at least his or her first year of postgraduate 21 |
---|
571 | 571 | | medical education as a resident or intern as part of a program 22 |
---|
572 | 572 | | that: 23 |
---|
573 | 573 | | (a) Conforms to the minimum standards for intern training 24 |
---|
574 | 574 | | established by the American Osteopathic Association; 25 |
---|
575 | 575 | | (b) Has been approved by the Accreditation Council for 26 |
---|
576 | 576 | | Graduate Medical Education; or 27 |
---|
577 | 577 | | (c) Is approved by the Board in accordance with the 28 |
---|
578 | 578 | | regulations adopted pursuant to section 21 of this act; and 29 |
---|
579 | 579 | | 5. Has basic fluency in the English language. 30 |
---|
580 | 580 | | Sec. 15. 1. An associate osteopathic physician shall only 31 |
---|
581 | 581 | | practice osteopathic medicine under the supervision and control of 32 |
---|
582 | 582 | | an osteopathic physician: 33 |
---|
583 | 583 | | (a) Who meets the requirements of section 17 of this act; and 34 |
---|
584 | 584 | | (b) With whom the associate osteopathic physician has entered 35 |
---|
585 | 585 | | into a collaborative practice agreement that meets the 36 |
---|
586 | 586 | | requirements of section 18 of this act. 37 |
---|
587 | 587 | | 2. An associate osteopathic physician shall not practice 38 |
---|
588 | 588 | | osteopathic medicine in a manner that exceeds the skill, training 39 |
---|
589 | 589 | | and competence of the associate osteopathic physician or his or 40 |
---|
590 | 590 | | her supervising osteopathic physician. 41 |
---|
591 | 591 | | 3. For the first 30 days during which an associate osteopathic 42 |
---|
592 | 592 | | physician practices osteopathic medicine under the supervision of 43 |
---|
593 | 593 | | a new supervising osteopathic physician, the supervising 44 |
---|
594 | 594 | | osteopathic physician must be physically present on the same 45 |
---|
595 | 595 | | – 13 – |
---|
596 | 596 | | |
---|
597 | 597 | | |
---|
598 | 598 | | - *AB170* |
---|
599 | 599 | | premises and available to assist the associate osteopathic 1 |
---|
600 | 600 | | physician. 2 |
---|
601 | 601 | | 4. An associate osteopathic physician shall not practice 3 |
---|
602 | 602 | | osteopathic medicine in a county whose population is less than 4 |
---|
603 | 603 | | 100,000 unless the supervising osteopathic physician or another 5 |
---|
604 | 604 | | osteopathic physician designated by the supervising osteopathic 6 |
---|
605 | 605 | | physician is physically present on the same premises and available 7 |
---|
606 | 606 | | to assist the associate osteopathic physician. 8 |
---|
607 | 607 | | 5. An associate osteopathic physician working in a rural 9 |
---|
608 | 608 | | health clinic, as defined in 42 U.S.C. § 1395x(aa)(2), shall be 10 |
---|
609 | 609 | | considered to be a physician assistant for the purposes of the 11 |
---|
610 | 610 | | regulations of the Centers for Medicare and Medicaid Services of 12 |
---|
611 | 611 | | the United States Department of Health and Human Services. 13 |
---|
612 | 612 | | Such an associate osteopathic physician and his or her 14 |
---|
613 | 613 | | supervising osteopathic physician are not required to comply with 15 |
---|
614 | 614 | | the requirements of any regulations adopted pursuant to section 16 |
---|
615 | 615 | | 21 of this act governing the supervision of an associate osteopathic 17 |
---|
616 | 616 | | physician that are more stringent than the requirements of federal 18 |
---|
617 | 617 | | law and regulations. 19 |
---|
618 | 618 | | 6. A person or entity that employs an associate osteopathic 20 |
---|
619 | 619 | | physician shall credential the associate osteopathic physician and 21 |
---|
620 | 620 | | bill for services rendered by the associate osteopathic physician in 22 |
---|
621 | 621 | | the same manner as the person or entity credentials and bills for 23 |
---|
622 | 622 | | the services of a physician assistant. 24 |
---|
623 | 623 | | Sec. 16. 1. The supervising osteopathic physician of an 25 |
---|
624 | 624 | | associate osteopathic physician shall prominently display a 26 |
---|
625 | 625 | | disclosure at every office where the associate osteopathic 27 |
---|
626 | 626 | | physician practices osteopathic medicine explaining to patients 28 |
---|
627 | 627 | | that the patient may be seen by an associate osteopathic physician 29 |
---|
628 | 628 | | and the patient may instead request to be seen by the supervising 30 |
---|
629 | 629 | | osteopathic physician. 31 |
---|
630 | 630 | | 2. An associate osteopathic physician shall clearly identify 32 |
---|
631 | 631 | | himself or herself as an associate osteopathic physician, including, 33 |
---|
632 | 632 | | without limitation, by wearing an identification badge that clearly 34 |
---|
633 | 633 | | identifies the person as an associate osteopathic physician. An 35 |
---|
634 | 634 | | associate osteopathic physician may identify himself or herself as 36 |
---|
635 | 635 | | a doctor. 37 |
---|
636 | 636 | | 3. While acting as the supervising osteopathic physician of an 38 |
---|
637 | 637 | | associate osteopathic physician, an osteopathic physician shall 39 |
---|
638 | 638 | | wear an identification badge that clearly identifies the person as a 40 |
---|
639 | 639 | | supervising osteopathic physician of an associate osteopathic 41 |
---|
640 | 640 | | physician. 42 |
---|
641 | 641 | | Sec. 17. 1. An osteopathic physician shall not serve as the 43 |
---|
642 | 642 | | supervising osteopathic physician of an associate osteopathic 44 |
---|
643 | 643 | | physician pursuant to subsection 1 of section 15 of this act or the 45 |
---|
644 | 644 | | – 14 – |
---|
645 | 645 | | |
---|
646 | 646 | | |
---|
647 | 647 | | - *AB170* |
---|
648 | 648 | | designee of a supervising osteopathic physician pursuant to 1 |
---|
649 | 649 | | subsection 4 of section 15 of this act unless the osteopathic 2 |
---|
650 | 650 | | physician: 3 |
---|
651 | 651 | | (a) Holds an active unrestricted license to practice osteopathic 4 |
---|
652 | 652 | | medicine in this State; 5 |
---|
653 | 653 | | (b) Practices in the same specialty area as the associate 6 |
---|
654 | 654 | | osteopathic physician or a substantially similar specialty area as 7 |
---|
655 | 655 | | the associate osteopathic physician; and 8 |
---|
656 | 656 | | (c) Normally provides care to patients. 9 |
---|
657 | 657 | | 2. The supervising osteopathic physician of an associate 10 |
---|
658 | 658 | | osteopathic physician: 11 |
---|
659 | 659 | | (a) Is responsible for any act that constitutes the practice of 12 |
---|
660 | 660 | | osteopathic medicine by the associate osteopathic physician; 13 |
---|
661 | 661 | | (b) Must have insurance that includes coverage for any claim 14 |
---|
662 | 662 | | of malpractice against the associate osteopathic physician; and 15 |
---|
663 | 663 | | (c) May not enter into a collaborative practice agreement with 16 |
---|
664 | 664 | | more than three associate osteopathic physicians. 17 |
---|
665 | 665 | | 3. The Board may not deny, revoke or suspend the license of 18 |
---|
666 | 666 | | or take any other disciplinary action against the supervising 19 |
---|
667 | 667 | | osteopathic physician of an associate osteopathic physician for 20 |
---|
668 | 668 | | any act performed by the associate osteopathic physician that: 21 |
---|
669 | 669 | | (a) Is performed in accordance with the collaborative practice 22 |
---|
670 | 670 | | agreement entered into pursuant to section 15 of this act; and 23 |
---|
671 | 671 | | (b) Does not violate applicable federal, state or local laws or 24 |
---|
672 | 672 | | the regulations of the Board. 25 |
---|
673 | 673 | | Sec. 18. 1. A collaborative practice agreement entered into 26 |
---|
674 | 674 | | pursuant to section 15 of this act must be in writing and must 27 |
---|
675 | 675 | | include, without limitation: 28 |
---|
676 | 676 | | (a) The names, home and business addresses and telephone 29 |
---|
677 | 677 | | numbers of the supervising osteopathic physician and associate 30 |
---|
678 | 678 | | osteopathic physician; 31 |
---|
679 | 679 | | (b) A list of each location where the associate osteopathic 32 |
---|
680 | 680 | | physician may practice osteopathic medicine, including, without 33 |
---|
681 | 681 | | limitation, the prescribing and dispensing of controlled 34 |
---|
682 | 682 | | substances; 35 |
---|
683 | 683 | | (c) Any specialty or board certification held by the supervising 36 |
---|
684 | 684 | | osteopathic physician; 37 |
---|
685 | 685 | | (d) Any certification held by the associate osteopathic 38 |
---|
686 | 686 | | physician; 39 |
---|
687 | 687 | | (e) Requirements governing collaboration between the 40 |
---|
688 | 688 | | supervising osteopathic physician and the associate osteopathic 41 |
---|
689 | 689 | | physician, including, without limitation: 42 |
---|
690 | 690 | | (1) The geographic proximity which must exist between the 43 |
---|
691 | 691 | | supervising osteopathic physician and the associate osteopathic 44 |
---|
692 | 692 | | – 15 – |
---|
693 | 693 | | |
---|
694 | 694 | | |
---|
695 | 695 | | - *AB170* |
---|
696 | 696 | | physician while the associate osteopathic physician is practicing 1 |
---|
697 | 697 | | osteopathic medicine; and 2 |
---|
698 | 698 | | (2) A plan for alternative supervision if the supervising 3 |
---|
699 | 699 | | osteopathic physician is absent, incapacitated or otherwise 4 |
---|
700 | 700 | | unavailable; 5 |
---|
701 | 701 | | (f) Any controlled substance the supervising osteopathic 6 |
---|
702 | 702 | | physician authorizes the associate osteopathic physician to 7 |
---|
703 | 703 | | prescribe or dispense in accordance with section 19 of this act; 8 |
---|
704 | 704 | | (g) The procedure by which the supervising osteopathic 9 |
---|
705 | 705 | | physician will review the standard of care the associate 10 |
---|
706 | 706 | | osteopathic physician is providing to patients, which must comply 11 |
---|
707 | 707 | | with the regulations adopted pursuant to section 21 of this act; 12 |
---|
708 | 708 | | (h) The duration of the collaborative practice agreement; and 13 |
---|
709 | 709 | | (i) A statement of any other collaborative practice agreements 14 |
---|
710 | 710 | | into which: 15 |
---|
711 | 711 | | (1) The supervising osteopathic physician has entered with 16 |
---|
712 | 712 | | another associate osteopathic physician; and 17 |
---|
713 | 713 | | (2) The associate osteopathic physician has entered with 18 |
---|
714 | 714 | | another supervising osteopathic physician. 19 |
---|
715 | 715 | | 2. Upon entering into a new collaborative practice agreement 20 |
---|
716 | 716 | | with an associate osteopathic physician, a supervising osteopathic 21 |
---|
717 | 717 | | physician shall file with the Board: 22 |
---|
718 | 718 | | (a) A copy of the agreement; and 23 |
---|
719 | 719 | | (b) Proof that any controlled substance included in the 24 |
---|
720 | 720 | | agreement pursuant to paragraph (f) of subsection 1 is within the 25 |
---|
721 | 721 | | skill, training and competence of the associate osteopathic 26 |
---|
722 | 722 | | physician and his or her supervising osteopathic physician to 27 |
---|
723 | 723 | | prescribe and dispense. 28 |
---|
724 | 724 | | 3. A supervising osteopathic physician or associate 29 |
---|
725 | 725 | | osteopathic physician may terminate a collaborative practice 30 |
---|
726 | 726 | | agreement or a relationship with a supervising osteopathic 31 |
---|
727 | 727 | | physician or an associate osteopathic physician, as applicable, at 32 |
---|
728 | 728 | | any time. Any provision of a collaborative practice agreement or 33 |
---|
729 | 729 | | any other agreement that limits the authority of a supervising 34 |
---|
730 | 730 | | osteopathic physician or an associate osteopathic physician to 35 |
---|
731 | 731 | | terminate a collaborative practice agreement or such a 36 |
---|
732 | 732 | | relationship is void. 37 |
---|
733 | 733 | | Sec. 19. 1. An associate osteopathic physician may 38 |
---|
734 | 734 | | prescribe or dispense the controlled substances listed in subsection 39 |
---|
735 | 735 | | 2 under the conditions prescribed by this section if the associate 40 |
---|
736 | 736 | | osteopathic physician: 41 |
---|
737 | 737 | | (a) Is registered with the State Board of Pharmacy pursuant to 42 |
---|
738 | 738 | | NRS 639.1373; 43 |
---|
739 | 739 | | – 16 – |
---|
740 | 740 | | |
---|
741 | 741 | | |
---|
742 | 742 | | - *AB170* |
---|
743 | 743 | | (b) Has entered into a collaborative practice agreement 1 |
---|
744 | 744 | | pursuant to section 15 of this act authorizing the associate 2 |
---|
745 | 745 | | osteopathic physician to prescribe the controlled substance; and 3 |
---|
746 | 746 | | (c) Meets all other requirements prescribed by federal and 4 |
---|
747 | 747 | | state law to prescribe controlled substances. 5 |
---|
748 | 748 | | 2. Subject to the limitations prescribed in NRS 639.1373, an 6 |
---|
749 | 749 | | associate osteopathic physician who meets the requirements of 7 |
---|
750 | 750 | | subsection 1 may prescribe or dispense: 8 |
---|
751 | 751 | | (a) Any controlled substance listed in schedule III, IV or V; 9 |
---|
752 | 752 | | and 10 |
---|
753 | 753 | | (b) Any controlled substance listed in schedule II that contains 11 |
---|
754 | 754 | | hydrocodone. 12 |
---|
755 | 755 | | 3. Except as otherwise provided in this subsection, an 13 |
---|
756 | 756 | | associate osteopathic physician shall not prescribe or dispense 14 |
---|
757 | 757 | | more than a 5-day supply of a controlled substance listed in 15 |
---|
758 | 758 | | schedule II or III. An associate osteopathic physician may 16 |
---|
759 | 759 | | prescribe or dispense a 30-day supply of buprenorphine for the 17 |
---|
760 | 760 | | treatment of a substance use disorder under the direction of his or 18 |
---|
761 | 761 | | her supervising osteopathic physician. 19 |
---|
762 | 762 | | 4. An associate osteopathic physician shall not prescribe or 20 |
---|
763 | 763 | | dispense controlled substances unless: 21 |
---|
764 | 764 | | (a) The supervising osteopathic physician of the associate 22 |
---|
765 | 765 | | osteopathic physician is physically present on the same premises; 23 |
---|
766 | 766 | | or 24 |
---|
767 | 767 | | (b) The associate osteopathic physician has, at any time, 25 |
---|
768 | 768 | | completed 120 hours practicing osteopathic medicine over a period 26 |
---|
769 | 769 | | of not more than 4 months with his or her supervising osteopathic 27 |
---|
770 | 770 | | physician physically present on the same premises. 28 |
---|
771 | 771 | | Sec. 20. 1. A limited license to practice osteopathic 29 |
---|
772 | 772 | | medicine as an associate osteopathic physician issued pursuant to 30 |
---|
773 | 773 | | section 14 of this act expires 2 years after it is issued. 31 |
---|
774 | 774 | | 2. The Board may renew a limited license to practice 32 |
---|
775 | 775 | | osteopathic medicine as an associate osteopathic physician upon 33 |
---|
776 | 776 | | application by the associate osteopathic physician. An application 34 |
---|
777 | 777 | | for renewal must include, without limitation, proof that the 35 |
---|
778 | 778 | | associate osteopathic physician has actually engaged in the 36 |
---|
779 | 779 | | practice of osteopathic medicine under a collaborative practice 37 |
---|
780 | 780 | | agreement entered into pursuant to section 15 of this act during 38 |
---|
781 | 781 | | the immediately preceding 2 years. 39 |
---|
782 | 782 | | Sec. 21. 1. The Board shall adopt regulations necessary: 40 |
---|
783 | 783 | | (a) To carry out the provisions of sections 14 to 21, inclusive, 41 |
---|
784 | 784 | | of this act, including, without limitation: 42 |
---|
785 | 785 | | (1) Any additional requirements for the issuance or 43 |
---|
786 | 786 | | renewal of a limited license to practice osteopathic medicine as an 44 |
---|
787 | 787 | | associate osteopathic physician. 45 |
---|
788 | 788 | | – 17 – |
---|
789 | 789 | | |
---|
790 | 790 | | |
---|
791 | 791 | | - *AB170* |
---|
792 | 792 | | (2) The standards for the approval of programs of 1 |
---|
793 | 793 | | postgraduate medical education pursuant to paragraph (c) of 2 |
---|
794 | 794 | | subsection 4 of section 14 of this act. 3 |
---|
795 | 795 | | (3) The required fees for the issuance and renewal of such 4 |
---|
796 | 796 | | a license. 5 |
---|
797 | 797 | | (4) Standards of practice for associate osteopathic 6 |
---|
798 | 798 | | physicians, including, without limitation, limitations on the 7 |
---|
799 | 799 | | practice of osteopathic medicine by an associate osteopathic 8 |
---|
800 | 800 | | physician in addition to those prescribed by sections 14 to 21, 9 |
---|
801 | 801 | | inclusive, of this act. 10 |
---|
802 | 802 | | (5) Any additional requirements governing collaborative 11 |
---|
803 | 803 | | practice agreements entered into pursuant to section 15 of this act. 12 |
---|
804 | 804 | | (6) Requirements concerning the supervision of an 13 |
---|
805 | 805 | | associate osteopathic physician by a supervising osteopathic 14 |
---|
806 | 806 | | physician, including, without limitation, requirements governing 15 |
---|
807 | 807 | | the review by the supervising osteopathic physician of the standard 16 |
---|
808 | 808 | | of care the associate osteopathic physician is providing to patients. 17 |
---|
809 | 809 | | Such regulations must not be more stringent than any similar 18 |
---|
810 | 810 | | requirements that apply to physician assistants. 19 |
---|
811 | 811 | | (b) For an associate osteopathic physician to be eligible to 20 |
---|
812 | 812 | | work in a clinic that receives federal funding. 21 |
---|
813 | 813 | | 2. The regulations adopted pursuant to this section and NRS 22 |
---|
814 | 814 | | 633.471 must not require an associate osteopathic physician to 23 |
---|
815 | 815 | | complete a greater amount of continuing education than an 24 |
---|
816 | 816 | | osteopathic physician licensed pursuant to NRS 633.311. 25 |
---|
817 | 817 | | 3. The Board shall publish on an Internet website maintained 26 |
---|
818 | 818 | | by the Board the name of each associate osteopathic physician and 27 |
---|
819 | 819 | | the osteopathic physician or osteopathic physicians supervising 28 |
---|
820 | 820 | | the associate osteopathic physician. 29 |
---|
821 | 821 | | Sec. 22. NRS 633.123 is hereby amended to read as follows: 30 |
---|
822 | 822 | | 633.123 “Supervising osteopathic physician” means an 31 |
---|
823 | 823 | | osteopathic physician who is licensed in this State, is in good 32 |
---|
824 | 824 | | standing with the Board and [supervises] : 33 |
---|
825 | 825 | | 1. Supervises a physician assistant with Board approval [.] ; or 34 |
---|
826 | 826 | | 2. Supervises an associate osteopathic physician. 35 |
---|
827 | 827 | | Sec. 23. NRS 633.311 is hereby amended to read as follows: 36 |
---|
828 | 828 | | 633.311 1. Except as otherwise provided in NRS 633.315 37 |
---|
829 | 829 | | and 633.381 to 633.419, inclusive, and sections 14 to 21, inclusive, 38 |
---|
830 | 830 | | of this act, an applicant for a license to practice osteopathic 39 |
---|
831 | 831 | | medicine may be issued a license by the Board if: 40 |
---|
832 | 832 | | (a) The applicant is 21 years of age or older; 41 |
---|
833 | 833 | | (b) The applicant is a graduate of a school of osteopathic 42 |
---|
834 | 834 | | medicine; 43 |
---|
835 | 835 | | (c) The applicant: 44 |
---|
836 | 836 | | – 18 – |
---|
837 | 837 | | |
---|
838 | 838 | | |
---|
839 | 839 | | - *AB170* |
---|
840 | 840 | | (1) Has graduated from a school of osteopathic medicine 1 |
---|
841 | 841 | | before 1995 and has completed: 2 |
---|
842 | 842 | | (I) A hospital internship; or 3 |
---|
843 | 843 | | (II) One year of postgraduate training that complies with 4 |
---|
844 | 844 | | the standards of intern training established by the American 5 |
---|
845 | 845 | | Osteopathic Association; 6 |
---|
846 | 846 | | (2) Has completed 3 years, or such other length of time as 7 |
---|
847 | 847 | | required by a specific program, of postgraduate medical education 8 |
---|
848 | 848 | | as a resident in the United States or Canada in a program approved 9 |
---|
849 | 849 | | by the Board, the Bureau of Professional Education of the American 10 |
---|
850 | 850 | | Osteopathic Association or the Accreditation Council for Graduate 11 |
---|
851 | 851 | | Medical Education; or 12 |
---|
852 | 852 | | (3) Is a resident who is enrolled in a postgraduate training 13 |
---|
853 | 853 | | program in this State, has completed 24 months of the program and 14 |
---|
854 | 854 | | has committed, in writing, that he or she will complete the program; 15 |
---|
855 | 855 | | (d) The applicant applies for the license as provided by law; 16 |
---|
856 | 856 | | (e) The applicant passes: 17 |
---|
857 | 857 | | (1) All parts of the licensing examination of the National 18 |
---|
858 | 858 | | Board of Osteopathic Medical Examiners; 19 |
---|
859 | 859 | | (2) All parts of the licensing examination of the Federation 20 |
---|
860 | 860 | | of State Medical Boards; 21 |
---|
861 | 861 | | (3) All parts of the licensing examination of the Board, a 22 |
---|
862 | 862 | | state, territory or possession of the United States, or the District of 23 |
---|
863 | 863 | | Columbia, and is certified by a specialty board of the American 24 |
---|
864 | 864 | | Osteopathic Association or by the American Board of Medical 25 |
---|
865 | 865 | | Specialties; or 26 |
---|
866 | 866 | | (4) A combination of the parts of the licensing examinations 27 |
---|
867 | 867 | | specified in subparagraphs (1), (2) and (3) that is approved by the 28 |
---|
868 | 868 | | Board; 29 |
---|
869 | 869 | | (f) The applicant pays the fees provided for in this chapter; and 30 |
---|
870 | 870 | | (g) The applicant submits all information required to complete 31 |
---|
871 | 871 | | an application for a license. 32 |
---|
872 | 872 | | 2. An applicant for a license to practice osteopathic medicine 33 |
---|
873 | 873 | | may satisfy the requirements for postgraduate education or training 34 |
---|
874 | 874 | | prescribed by paragraph (c) of subsection 1: 35 |
---|
875 | 875 | | (a) In one or more approved postgraduate programs, which may 36 |
---|
876 | 876 | | be conducted at one or more facilities in this State or, except for a 37 |
---|
877 | 877 | | resident who is enrolled in a postgraduate training program in this 38 |
---|
878 | 878 | | State pursuant to subparagraph (3) of paragraph (c) of subsection 1, 39 |
---|
879 | 879 | | in the District of Columbia or another state or territory of the United 40 |
---|
880 | 880 | | States; 41 |
---|
881 | 881 | | (b) In one or more approved specialties or disciplines; 42 |
---|
882 | 882 | | (c) In nonconsecutive months; and 43 |
---|
883 | 883 | | (d) At any time before receiving his or her license. 44 |
---|
884 | 884 | | – 19 – |
---|
885 | 885 | | |
---|
886 | 886 | | |
---|
887 | 887 | | - *AB170* |
---|
888 | 888 | | Sec. 24. NRS 633.467 is hereby amended to read as follows: 1 |
---|
889 | 889 | | 633.467 An osteopathic physician who does not normally 2 |
---|
890 | 890 | | provide care to patients may not be [a] the supervising osteopathic 3 |
---|
891 | 891 | | physician [.] of a physician assistant. 4 |
---|
892 | 892 | | Sec. 25. NRS 633.471 is hereby amended to read as follows: 5 |
---|
893 | 893 | | 633.471 1. Except as otherwise provided in subsection 15 , 6 |
---|
894 | 894 | | [and] NRS 633.491 [,] and section 20 of this act, every holder of a 7 |
---|
895 | 895 | | license, except a physician assistant or an anesthesiologist assistant, 8 |
---|
896 | 896 | | issued under this chapter, except a temporary or a special license, 9 |
---|
897 | 897 | | may renew the license on or before January 1 of each calendar year 10 |
---|
898 | 898 | | after its issuance by: 11 |
---|
899 | 899 | | (a) Applying for renewal on forms provided by the Board; 12 |
---|
900 | 900 | | (b) Paying the annual license renewal fee specified in this 13 |
---|
901 | 901 | | chapter; 14 |
---|
902 | 902 | | (c) Submitting a list of all actions filed or claims submitted to 15 |
---|
903 | 903 | | arbitration or mediation for malpractice or negligence against the 16 |
---|
904 | 904 | | holder during the previous year; 17 |
---|
905 | 905 | | (d) Subject to subsection 14, submitting evidence to the Board 18 |
---|
906 | 906 | | that in the year preceding the application for renewal the holder has 19 |
---|
907 | 907 | | attended courses or programs of continuing education approved by 20 |
---|
908 | 908 | | the Board in accordance with regulations adopted by the Board 21 |
---|
909 | 909 | | totaling a number of hours established by the Board which must not 22 |
---|
910 | 910 | | be less than 35 hours nor more than that set in the requirements for 23 |
---|
911 | 911 | | continuing medical education of the American Osteopathic 24 |
---|
912 | 912 | | Association; [and] 25 |
---|
913 | 913 | | (e) Submitting a list of the names of each associate osteopathic 26 |
---|
914 | 914 | | physician supervised by the holder, if applicable; and 27 |
---|
915 | 915 | | (f) Submitting all information required to complete the renewal. 28 |
---|
916 | 916 | | 2. The Secretary of the Board shall notify each licensee of the 29 |
---|
917 | 917 | | requirements for renewal not less than 30 days before the date of 30 |
---|
918 | 918 | | renewal. 31 |
---|
919 | 919 | | 3. The Board shall request submission of verified evidence of 32 |
---|
920 | 920 | | completion of the required number of hours of continuing medical 33 |
---|
921 | 921 | | education annually from a percentage of the applicants for renewal 34 |
---|
922 | 922 | | of a license to practice osteopathic medicine or a license to practice 35 |
---|
923 | 923 | | as a physician assistant or anesthesiologist assistant determined by 36 |
---|
924 | 924 | | the Board. Subject to subsection 14, upon a request from the Board, 37 |
---|
925 | 925 | | an applicant for renewal of a license to practice osteopathic 38 |
---|
926 | 926 | | medicine or a license to practice as a physician assistant or 39 |
---|
927 | 927 | | anesthesiologist assistant shall submit verified evidence satisfactory 40 |
---|
928 | 928 | | to the Board that in the year preceding the application for renewal 41 |
---|
929 | 929 | | the applicant attended courses or programs of continuing medical 42 |
---|
930 | 930 | | education approved by the Board totaling the number of hours 43 |
---|
931 | 931 | | established by the Board. 44 |
---|
932 | 932 | | – 20 – |
---|
933 | 933 | | |
---|
934 | 934 | | |
---|
935 | 935 | | - *AB170* |
---|
936 | 936 | | 4. The Board shall require each holder of a license to practice 1 |
---|
937 | 937 | | osteopathic medicine to complete a course of instruction within 2 2 |
---|
938 | 938 | | years after initial licensure that provides at least 2 hours of 3 |
---|
939 | 939 | | instruction on evidence-based suicide prevention and awareness as 4 |
---|
940 | 940 | | described in subsection 9. 5 |
---|
941 | 941 | | 5. The Board shall encourage each holder of a license to 6 |
---|
942 | 942 | | practice osteopathic medicine to receive, as a portion of his or her 7 |
---|
943 | 943 | | continuing education, training concerning methods for educating 8 |
---|
944 | 944 | | patients about how to effectively manage medications, including, 9 |
---|
945 | 945 | | without limitation, the ability of the patient to request to have the 10 |
---|
946 | 946 | | symptom or purpose for which a drug is prescribed included on the 11 |
---|
947 | 947 | | label attached to the container of the drug. 12 |
---|
948 | 948 | | 6. The Board shall encourage each holder of a license to 13 |
---|
949 | 949 | | practice osteopathic medicine or as a physician assistant to receive, 14 |
---|
950 | 950 | | as a portion of his or her continuing education, training and 15 |
---|
951 | 951 | | education in the diagnosis of rare diseases, including, without 16 |
---|
952 | 952 | | limitation: 17 |
---|
953 | 953 | | (a) Recognizing the symptoms of pediatric cancer; and 18 |
---|
954 | 954 | | (b) Interpreting family history to determine whether such 19 |
---|
955 | 955 | | symptoms indicate a normal childhood illness or a condition that 20 |
---|
956 | 956 | | requires additional examination. 21 |
---|
957 | 957 | | 7. The Board shall require, as part of the continuing education 22 |
---|
958 | 958 | | requirements approved by the Board, the biennial completion by a 23 |
---|
959 | 959 | | holder of a license to practice osteopathic medicine of at least 2 24 |
---|
960 | 960 | | hours of continuing education credits in ethics, pain management, 25 |
---|
961 | 961 | | care of persons with addictive disorders or the screening, brief 26 |
---|
962 | 962 | | intervention and referral to treatment approach to substance use 27 |
---|
963 | 963 | | disorder. 28 |
---|
964 | 964 | | 8. The continuing education requirements approved by the 29 |
---|
965 | 965 | | Board must allow the holder of a license as an osteopathic 30 |
---|
966 | 966 | | physician, physician assistant or anesthesiologist assistant to receive 31 |
---|
967 | 967 | | credit toward the total amount of continuing education required by 32 |
---|
968 | 968 | | the Board for the completion of a course of instruction relating to 33 |
---|
969 | 969 | | genetic counseling and genetic testing. 34 |
---|
970 | 970 | | 9. The Board shall require each holder of a license to practice 35 |
---|
971 | 971 | | osteopathic medicine to receive as a portion of his or her continuing 36 |
---|
972 | 972 | | education at least 2 hours of instruction every 4 years on evidence-37 |
---|
973 | 973 | | based suicide prevention and awareness which may include, without 38 |
---|
974 | 974 | | limitation, instruction concerning: 39 |
---|
975 | 975 | | (a) The skills and knowledge that the licensee needs to detect 40 |
---|
976 | 976 | | behaviors that may lead to suicide, including, without limitation, 41 |
---|
977 | 977 | | post-traumatic stress disorder; 42 |
---|
978 | 978 | | (b) Approaches to engaging other professionals in suicide 43 |
---|
979 | 979 | | intervention; and 44 |
---|
980 | 980 | | – 21 – |
---|
981 | 981 | | |
---|
982 | 982 | | |
---|
983 | 983 | | - *AB170* |
---|
984 | 984 | | (c) The detection of suicidal thoughts and ideations and the 1 |
---|
985 | 985 | | prevention of suicide. 2 |
---|
986 | 986 | | 10. A holder of a license to practice osteopathic medicine may 3 |
---|
987 | 987 | | not substitute the continuing education credits relating to suicide 4 |
---|
988 | 988 | | prevention and awareness required by this section for the purposes 5 |
---|
989 | 989 | | of satisfying an equivalent requirement for continuing education in 6 |
---|
990 | 990 | | ethics. 7 |
---|
991 | 991 | | 11. The Board shall require each holder of a license to practice 8 |
---|
992 | 992 | | osteopathic medicine to complete at least 2 hours of training in the 9 |
---|
993 | 993 | | screening, brief intervention and referral to treatment approach to 10 |
---|
994 | 994 | | substance use disorder within 2 years after initial licensure. 11 |
---|
995 | 995 | | 12. The Board shall require each psychiatrist or a physician 12 |
---|
996 | 996 | | assistant practicing under the supervision of a psychiatrist to 13 |
---|
997 | 997 | | biennially complete one or more courses of instruction that provide 14 |
---|
998 | 998 | | at least 2 hours of instruction relating to cultural competency and 15 |
---|
999 | 999 | | diversity, equity and inclusion. Such instruction: 16 |
---|
1000 | 1000 | | (a) May include the training provided pursuant to NRS 449.103, 17 |
---|
1001 | 1001 | | where applicable. 18 |
---|
1002 | 1002 | | (b) Must be based upon a range of research from diverse 19 |
---|
1003 | 1003 | | sources. 20 |
---|
1004 | 1004 | | (c) Must address persons of different cultural backgrounds, 21 |
---|
1005 | 1005 | | including, without limitation: 22 |
---|
1006 | 1006 | | (1) Persons from various gender, racial and ethnic 23 |
---|
1007 | 1007 | | backgrounds; 24 |
---|
1008 | 1008 | | (2) Persons from various religious backgrounds; 25 |
---|
1009 | 1009 | | (3) Lesbian, gay, bisexual, transgender and questioning 26 |
---|
1010 | 1010 | | persons; 27 |
---|
1011 | 1011 | | (4) Children and senior citizens; 28 |
---|
1012 | 1012 | | (5) Veterans; 29 |
---|
1013 | 1013 | | (6) Persons with a mental illness; 30 |
---|
1014 | 1014 | | (7) Persons with an intellectual disability, developmental 31 |
---|
1015 | 1015 | | disability or physical disability; and 32 |
---|
1016 | 1016 | | (8) Persons who are part of any other population that a 33 |
---|
1017 | 1017 | | psychiatrist or physician assistant practicing under the supervision 34 |
---|
1018 | 1018 | | of a psychiatrist may need to better understand, as determined by the 35 |
---|
1019 | 1019 | | Board. 36 |
---|
1020 | 1020 | | 13. The Board shall require each holder of a license to practice 37 |
---|
1021 | 1021 | | osteopathic medicine or as a physician assistant who provides or 38 |
---|
1022 | 1022 | | supervises the provision of emergency medical services in a hospital 39 |
---|
1023 | 1023 | | or primary care to complete at least 2 hours of training in the stigma, 40 |
---|
1024 | 1024 | | discrimination and unrecognized bias toward persons who have 41 |
---|
1025 | 1025 | | acquired or are at a high risk of acquiring human immunodeficiency 42 |
---|
1026 | 1026 | | virus within 2 years after beginning to provide or supervise the 43 |
---|
1027 | 1027 | | provision of such services or care. 44 |
---|
1028 | 1028 | | – 22 – |
---|
1029 | 1029 | | |
---|
1030 | 1030 | | |
---|
1031 | 1031 | | - *AB170* |
---|
1032 | 1032 | | 14. The Board shall not require a physician assistant to receive 1 |
---|
1033 | 1033 | | or maintain certification by the National Commission on 2 |
---|
1034 | 1034 | | Certification of Physician Assistants, or its successor organization, 3 |
---|
1035 | 1035 | | or by any other nationally recognized organization for the 4 |
---|
1036 | 1036 | | accreditation of physician assistants to satisfy any continuing 5 |
---|
1037 | 1037 | | education requirement pursuant to paragraph (d) of subsection 1 and 6 |
---|
1038 | 1038 | | subsection 3. 7 |
---|
1039 | 1039 | | 15. Members of the Armed Forces of the United States and the 8 |
---|
1040 | 1040 | | United States Public Health Service are exempt from payment of the 9 |
---|
1041 | 1041 | | annual license renewal fee during their active duty status. 10 |
---|
1042 | 1042 | | 16. As used in this section, “primary care” means the practice 11 |
---|
1043 | 1043 | | of family medicine, pediatrics, internal medicine, obstetrics and 12 |
---|
1044 | 1044 | | gynecology and midwifery. 13 |
---|
1045 | 1045 | | Sec. 26. NRS 639.1373 is hereby amended to read as follows: 14 |
---|
1046 | 1046 | | 639.1373 1. A physician assistant or an associate physician 15 |
---|
1047 | 1047 | | licensed pursuant to chapter 630 or 633 of NRS may, if authorized 16 |
---|
1048 | 1048 | | by the Board, possess, administer, prescribe or dispense controlled 17 |
---|
1049 | 1049 | | substances, or possess, administer, prescribe or dispense poisons, 18 |
---|
1050 | 1050 | | dangerous drugs or devices in or out of the presence of his or her 19 |
---|
1051 | 1051 | | supervising physician only to the extent and subject to the 20 |
---|
1052 | 1052 | | limitations specified in the registration certificate issued to the 21 |
---|
1053 | 1053 | | physician assistant or associate physician by the Board pursuant to 22 |
---|
1054 | 1054 | | this section. 23 |
---|
1055 | 1055 | | 2. Each physician assistant and associate physician licensed 24 |
---|
1056 | 1056 | | pursuant to chapter 630 or 633 of NRS who is authorized by his or 25 |
---|
1057 | 1057 | | her physician assistant’s or associate physician’s license issued by 26 |
---|
1058 | 1058 | | the Board of Medical Examiners or by the State Board of 27 |
---|
1059 | 1059 | | Osteopathic Medicine, respectively, to possess, administer, 28 |
---|
1060 | 1060 | | prescribe or dispense controlled substances, or to possess, 29 |
---|
1061 | 1061 | | administer, prescribe or dispense poisons, dangerous drugs or 30 |
---|
1062 | 1062 | | devices must apply for and obtain a registration certificate from the 31 |
---|
1063 | 1063 | | Board, pay a fee to be set by regulations adopted by the Board and 32 |
---|
1064 | 1064 | | pass an examination administered by the Board on the law relating 33 |
---|
1065 | 1065 | | to pharmacy before the physician assistant or associate physician 34 |
---|
1066 | 1066 | | can possess, administer, prescribe or dispense controlled substances, 35 |
---|
1067 | 1067 | | or possess, administer, prescribe or dispense poisons, dangerous 36 |
---|
1068 | 1068 | | drugs or devices. 37 |
---|
1069 | 1069 | | 3. The Board shall consider each application separately and 38 |
---|
1070 | 1070 | | may, even though the physician assistant’s or associate physician’s 39 |
---|
1071 | 1071 | | license issued by the Board of Medical Examiners or by the State 40 |
---|
1072 | 1072 | | Board of Osteopathic Medicine authorizes the physician assistant or 41 |
---|
1073 | 1073 | | associate physician to possess, administer, prescribe or dispense 42 |
---|
1074 | 1074 | | controlled substances, or to possess, administer, prescribe or 43 |
---|
1075 | 1075 | | dispense poisons, dangerous drugs and devices: 44 |
---|
1076 | 1076 | | (a) Refuse to issue a registration certificate; 45 |
---|
1077 | 1077 | | – 23 – |
---|
1078 | 1078 | | |
---|
1079 | 1079 | | |
---|
1080 | 1080 | | - *AB170* |
---|
1081 | 1081 | | (b) Issue a registration certificate limiting the authority of the 1 |
---|
1082 | 1082 | | physician assistant or associate physician to possess, administer, 2 |
---|
1083 | 1083 | | prescribe or dispense controlled substances, or to possess, 3 |
---|
1084 | 1084 | | administer, prescribe or dispense poisons, dangerous drugs or 4 |
---|
1085 | 1085 | | devices, the area in which the physician assistant or associate 5 |
---|
1086 | 1086 | | physician may possess controlled substances, poisons, dangerous 6 |
---|
1087 | 1087 | | drugs and devices, or the kind and amount of controlled substances, 7 |
---|
1088 | 1088 | | poisons, dangerous drugs and devices; or 8 |
---|
1089 | 1089 | | (c) Issue a registration certificate imposing other limitations or 9 |
---|
1090 | 1090 | | restrictions which the Board feels are necessary and required to 10 |
---|
1091 | 1091 | | protect the health, safety and welfare of the public. 11 |
---|
1092 | 1092 | | 4. If the registration of the physician assistant or associate 12 |
---|
1093 | 1093 | | physician licensed pursuant to chapter 630 or 633 of NRS is 13 |
---|
1094 | 1094 | | suspended or revoked, the physician’s controlled substance 14 |
---|
1095 | 1095 | | registration may also be suspended or revoked. 15 |
---|
1096 | 1096 | | 5. The Board shall adopt regulations controlling the maximum 16 |
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1097 | 1097 | | amount to be administered, possessed and dispensed, and the 17 |
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1098 | 1098 | | storage, security, recordkeeping and transportation of controlled 18 |
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1099 | 1099 | | substances and the maximum amount to be administered, possessed, 19 |
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1100 | 1100 | | prescribed and dispensed and the storage, security, recordkeeping 20 |
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1101 | 1101 | | and transportation of poisons, dangerous drugs and devices by 21 |
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1102 | 1102 | | physician assistants and associate physicians licensed pursuant to 22 |
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1103 | 1103 | | chapter 630 or 633 of NRS. In the adoption of those regulations, the 23 |
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1104 | 1104 | | Board shall consider, but is not limited to, the following: 24 |
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1105 | 1105 | | (a) The area in which the physician assistant or associate 25 |
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1106 | 1106 | | physician is to operate; 26 |
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1107 | 1107 | | (b) The population of that area; 27 |
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1108 | 1108 | | (c) The experience and training of the physician assistant [;] or 28 |
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1109 | 1109 | | associate physician; 29 |
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1110 | 1110 | | (d) The distance to the nearest hospital and physician; and 30 |
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1111 | 1111 | | (e) The effect on the health, safety and welfare of the public. 31 |
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1112 | 1112 | | 6. For the purposes of this section [, the] : 32 |
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1113 | 1113 | | (a) The term “associate physician” includes an associate 33 |
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1114 | 1114 | | osteopathic physician. 34 |
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1115 | 1115 | | (b) The term “supervising physician” includes a supervising 35 |
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1116 | 1116 | | osteopathic physician as defined in chapter 633 of NRS. 36 |
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1117 | 1117 | | Sec. 27. NRS 0.040 is hereby amended to read as follows: 37 |
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1118 | 1118 | | 0.040 1. Except as otherwise provided in subsection 2, 38 |
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1119 | 1119 | | “physician” means a person who engages in the practice of 39 |
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1120 | 1120 | | medicine, including osteopathy and homeopathy. 40 |
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1121 | 1121 | | 2. The terms “physician,” “associate physician,” “osteopathic 41 |
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1122 | 1122 | | physician,” “associate osteopathic physician,” “homeopathic 42 |
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1123 | 1123 | | physician,” “chiropractic physician” and “podiatric physician” are 43 |
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1124 | 1124 | | used in chapters 630, 630A, 633, 634 and 635 of NRS in the limited 44 |
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1125 | 1125 | | senses prescribed by those chapters respectively. 45 |
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1126 | 1126 | | – 24 – |
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1127 | 1127 | | |
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1128 | 1128 | | |
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1129 | 1129 | | - *AB170* |
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1130 | 1130 | | Sec. 28. 1. This section becomes effective upon passage and 1 |
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1131 | 1131 | | approval. 2 |
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1132 | 1132 | | 2. Sections 1 to 27, inclusive, of this act become effective: 3 |
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1133 | 1133 | | (a) Upon passage and approval for the purpose of adopting any 4 |
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1134 | 1134 | | regulations and performing any other preparatory administrative 5 |
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1135 | 1135 | | tasks that are necessary to carry out the provisions of this act; and 6 |
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1136 | 1136 | | (b) On January 1, 2026, for all other purposes. 7 |
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1137 | 1137 | | |
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1138 | 1138 | | H |
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