NEVADA DEFINITION OF PROHIBITED PROFESSIONAL CONDUCT

http://www.leg.state.nv.us/nrs/nrs-630.html

NAC 630.230  Prohibited professional conduct. (NRS 630.130, 630.275)

     1.  A person who is licensed as a physician or physician assistant shall not:

     (a) Falsify records of health care;

     (b) Falsify the medical records of a hospital so as to indicate his presence at a time when he was not in attendance or falsify those records to indicate that procedures were performed by him which were in fact not performed by him;

     (c) Render professional services to a patient while the physician or physician assistant is under the influence of alcohol or any controlled substance or is in any impaired mental or physical condition;

     (d) Acquire any controlled substances from any pharmacy or other source by misrepresentation, fraud, deception or subterfuge;

     (e) Prescribe anabolic steroids for any person to increase muscle mass for competitive or athletic purposes;

     (f) Make an unreasonable additional charge for tests in a laboratory, radiological services or other services for testing which are ordered by the physician or physician assistant and performed outside his own office;

     (g) Prescribe controlled substances listed in schedule II pursuant to NAC 453.520 or schedule III pursuant to NAC 453.530, controlled substance analogs, chorionic gonadotrophic hormones, thyroid preparations or thyroid synthetics for the control of weight;

     (h) Allow any person to act as a medical assistant in the treatment of a patient of the physician or physician assistant, unless the medical assistant has sufficient training to provide the assistance;

     (i) Fail to provide adequate supervision of a medical assistant who is employed or supervised by the physician or physician assistant;

     (j) If the person is a physician, fail to provide adequate supervision of a physician assistant or an advanced practitioner of nursing;

     (k) Fail to honor the advance directive of a patient without informing the patient or the surrogate or guardian of the patient, and without documenting in the patient’s records the reasons for failing to honor the advance directive of the patient contained therein; or

     (l) Engage in the practice of writing prescriptions for controlled substances to treat acute pain or chronic pain in a manner that deviates from the guidelines set forth in the Model Guidelines for the Use of Controlled Substances for the Treatment of Pain adopted by reference in NAC 630.187.

     2.  As used in this section:

     (a) “Acute pain” has the meaning ascribed to it in section 3 of the Model Guidelines for the Use of Controlled Substances for the Treatment of Pain adopted by reference in NAC 630.187.

     (b) “Chronic pain” has the meaning ascribed to it in section 3 of the Model Guidelines for the Use of Controlled Substances for the Treatment of Pain adopted by reference in NAC 630.187.

     (c) “Controlled substance analog” means:

          (1) A substance whose chemical structure is substantially similar to the chemical structure of a controlled substance listed in schedule II pursuant to NAC 453.520 or schedule III pursuant to NAC 453.530; or

          (2) A substance which has, is represented as having or is intended to have a stimulant, depressant or hallucinogenic effect on the central nervous system of a person that is substantially similar to, or greater than, the stimulant, depressant or hallucinogenic effect on the central nervous system of a person of a controlled substance listed in schedule II pursuant to NAC 453.520 or schedule III pursuant to NAC 453.530.

     (d) “Medical assistant” means any person who:

          (1) Is employed by a physician or physician assistant;

          (2) Is under the direction and supervision of the physician or physician assistant;

          (3) Assists in the care of a patient; and

          (4) Is not required to be certified or licensed by an administrative agency to provide that assistance.

     [Bd. of Medical Exam’rs, § 630.230, eff. 12-20-79]—(NAC A 6-23-86; 9-19-90; 1-13-94; 7-18-96; R007-99, 9-27-99; R089-00, 7-19-2000; R108-01, 11-29-2001)

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