State of Nevada
Board of Medical Examiners
Complaint Investigation Division
Frequently Asked Questions
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State of NevadaBoard of Medical Examiners
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WHEN THERE IS A PROBLEM WITH
AN
ALLOPATHIC MEDICAL DOCTOR (M.D.),
A PHYSICIAN ASSISTANT (P.A.) OR
A PRACTITIONER OF RESPIRATORY CARE
WHAT IS THE BOARD?
The Nevada State Board of Medical Examiners is the state governmental agency which licenses and disciplines medical doctors (M.D.s), physician assistants (P.A.-C), and practitioners of respiratory care. It is comprised of nine members: six are physicians actively practicing in Nevada, and three are public members, and all are appointed by the Governor.
I KNOW WHAT A LICENSE IS, BUT WHAT DOES "DISCIPLINE" MEAN WITH REGARD TO DOCTORS, PHYSICIAN ASSISTANTS AND PRACTITIONERS OF RESPIRATORY CARE?
If a doctor, physician assistant or practitioner of respiratory care breaks the law under the Nevada Medical Practice Act (chapter 630 of the Nevada Revised Statutes and Nevada Administrative Code), the board can investigate and file charges against him or her. If the charges are proven, the board can revoke the license of the doctor, physician assistant or practitioner of respiratory care, put them on probation, or impose other sanctions against them that are authorized by the Nevada Medical Practice Act.
WHAT KINDS OF THINGS CAN A DOCTOR, PHYSICIAN
ASSISTANT OR PRACTITIONER OF RESPIRATORY
CARE BE DISCIPLINED FOR?
There are three major categories, and several less serious ones:
Malpractice:
As an example, if a doctor, physician assistant or practitioner of respiratory care fails to use a well-known and effective treatment, to the patient’s detriment, that may be malpractice.
Sometimes, a doctor, physician assistant or practitioner of respiratory care does things that are not extremely careless, but are not appropriate for the condition of the patient. For example, if several patients of a plastic surgeon end up with unusual infections following facelifts, are hospitalized, and are left with scars, that may be malpractice.
Professional Incompetence:
If a doctor, physician
assistant or practitioner of respiratory care does things which he or she is not
adequately trained to do, or does not maintain the skills needed to practice safely and
effectively, he or she may be professionally incompetent. An example is a doctor who
continues to do a surgical procedure that others in his or her field stopped doing years
ago because it was found to be unnecessarily dangerous, or, a general practitioner does a
plastic surgery, for which he or she is not adequately trained.
WHAT ARE SOME OTHER CAUSES FOR PHYSICIAN, PHYSICIAN
ASSISTANT OR PRACTITIONER OF RESPIRATORY CARE DISCIPLINE?
a known addict, diverting drugs to illegal street sale, or prescribing without* Problems with drugs or alcohol, or emotional stability.
* Sexual misconduct with patients.
* Abandonment of a patient.
* Indiscriminate prescribing and other drug law violations, such as prescribing to
WHAT THE BOARD DOES NOT DO
The Nevada State Board of Medical Examiners does not regulate:
nurses optometrists
pharmacists chiropractors
oriental medicine occupations osteopaths
homeopaths dentists
marriage counselors social workers
family counselors veterinarians
laboratory technicians podiatrists
physical therapists x-ray technicians
emergency medical technicians psychologists
speech pathologists hospitals
medical insurance companies clinics
laboratories nursing homes
doctor’s front office (clerical) staff
The Nevada State Board of Medical Examiners regulates only medical doctors (M.D.s), physician assistants (P.A.-Cs) and practitioners of respiratory care. See the governmental offices listing in the phone book for other regulatory boards or call Nevada State Library Research Assistance at 775/684-3360, or toll-free from within the state of Nevada at 800/922-2880.
The Nevada State Board of
Medical Examiners has no legal authority over what a doctor charges (unless it involves
fraud), and cannot help with getting fees reduced or refunded. Sometimes the Office of the
Governor Consumer Health Assistance Program (775/687-3370 in Carson City or 888/333-1597
toll-free from within the state of Nevada) can help with fee problems.
WHAT CAN I FIND OUT ABOUT A DOCTOR, PHYSICIAN ASSISTANT OR PRACTITIONER OF RESPIRATORY CARE?
We can tell you if a doctor, physician assistant or practitioner of respiratory care is licensed, or if he or she has been formally disciplined, and provide you with his or her educational background and malpractice history. For this information, call the office of the Nevada State Board of Medical Examiners at 775/688-2559 in Reno or 888/890-8210 toll-free from within the state of Nevada and then press "0" (zero). By law, we cannot reveal whether a complaint has been made against a doctor, physician assistant or practitioner of respiratory care unless the complaint has resulted in formal charges.
We cannot recommend a doctor, physician assistant or practitioner of respiratory care, or tell you who is available in your community. You may want to call your county’s medical society or a local hospital for referrals. Also, your insurance plan may list which doctors in your community are covered by your insurance.
DOES A DOCTOR HAVE TO RELEASE
MEDICAL RECORDS TO A PATIENT?
Yes. A doctor does have to make a patient’s records available to the patient or to the patient’s representative with the patient’s written authorization. The doctor may charge up to 60 cents per page for photocopies of the records, and a reasonable fee for copies of x-rays and other health care records produced by similar processes.
WHAT WILL HAPPEN IF I FILE A COMPLAINT AGAINST A
DOCTOR, PHYSICIAN ASSISTANT OR
PRACTITIONER OF RESPIRATORY CARE?
Your complaint must be in written form, and we will give you written confirmation of receipt of your complaint. As soon as we can, we will tell you what we’ve done about it. However, there is a formal procedure which must be completed:
First, we determine if the Nevada State Board of Medical Examiners has jurisdiction in the matter. If so, the board’s Investigative Committee will assign an investigator to get the facts. If we confirm a violation of the Nevada Medical Practice Act, the board may file charges, and a doctor, physician assistant or practitioner of respiratory care will be given a public hearing. The charges filed by the board, and the formal decision of the board after the hearing, are public record. Copies are available upon request.
If the charges are proven, the board may suspend or revoke the license or place the doctor, physician assistant or practitioner of respiratory care on probation. The board can also order psychiatric treatment, additional education, passage of a competency examination or any other discipline provided by the Nevada Medical Practice Act.
If the problem is drugs or alcohol, the board can require the doctor, physician assistant or practitioner of respiratory care to participate in treatment and keep him or her out of practice until the problem is under control.
HOW CAN I FILE A COMPLAINT WITH THE BOARD?
Just call the office of the Nevada State Board of Medical Examiners in Reno at 775/688-2559 or 888-890-8210 toll-free from within the state of Nevada, and then press "1" to reach the investigation department. You may also go back to the table of contents on the main page of this website and click on "TO FILE A COMPLAINT."
HOW CAN I OBTAIN COPIES OF DOCUMENTS RELATED TO MALPRACTICE CLAIMS OR
DISCIPLINARY ACTION AGAINST A LICENSEE OF THE BOARD?
Complete the "Request for Copies" form found in the Consumer Forms section on this website and send to the Board office at P.O. Box 7238, Reno, NV 89510, together with your check made payable to the Nevada Board of Medical Examiners for the amount of pages you have requested.
OTHER STATE-REGULATED HEALTH PROFESSIONS
Nevada State Board of Osteopathic
Medicine
702/732-2147
Nevada State Board of
Nursing
702/486-5800
or 775/688-2620
Nevada State Board of
Pharmacy
775/850-1440
Nevada State Board of
Optometry
775/883-8367
Nevada State Board of Chiropractic
Examiners
775/688-1921
Nevada State Board of Oriental
Medicine
702/837-8921
Nevada State Board of Homeopathic
Medicine
775/324-3353
Nevada State Board of Dental
Examiners
702/486-7044
Nevada State Board of Marriage &
Family Therapists 702/486-7388
Nevada State Board for Social Work
Examiners
775/688-2555
Nevada State Board of Veterinary
Medicine
775/688-1788
Nevada State Board of
Podiatry
702/789-2605
Nevada State Board of Physical Therapy
Examiners 702/876-5535
Nevada State Board of Psychological
Examiners
775/688-1268
State Regulatory Agency for Hospitals,
Nursing
Homes and
Laboratories
775/687-4475
State Regulatory Agency for Emergency
Medical
Technicians and Ambulance
Attendants
775/687-4475
State Regulatory Agency for Audiology
and
Speech
Pathologists
775/857-3500
To
find out about state agencies not listed, call:
Nevada State Library Research
Assistance 775/684-3360
or toll-free from within the state of Nevada
800/922-2880
Most Frequently Asked Questions Regarding Complaints Against A Physician
Questions from the
Complainant
1. How do I get a copy of
my medical records?
The patient or the patient's
representative must contact the doctor's office and request, in writing, a copy of the
records. You may be charged up to .60 cents per page and a reasonable fee for copies of
X-rays or other type of films. No additional administrative or handling fees may be
charged. (NRS 629.061)
2. Why can't I have the
originals of my medical records?
The law provides that the patient may
receive copies of his/her records. A physician is required to keep your medical records as
part of his regularly maintained records for five (5) years after their receipt or
production. (NRS 629.061 and 629.051)
3. What if the doctor has closed his office and I can't find him, or he refuses to give me a copy of my records?
You then file a complaint against the
doctor with us. First, we will attempt to solve the problem that day by contacting the
doctor and arranging for the release of a copy of the records to you. If there is a
continuing problem, we will open an investigation of the doctor.
4. Do I have to make a
complaint in writing? Why can't I just tell
you about it?
The written complaint is the basis of
the investigation. It not only explains the allegation against the doctor, it also
provides us with your contact information and other information we need to obtain the
medical records and other documents needed to fully investigate.
5. How long does it take to do the investigation and what is the process?
If we have jurisdiction over the
allegations you make in the complaint, we notify you in writing of the receipt of the
complaint, the case number of the investigation, and we identify the Investigator doing
the investigation. Depending on the complexity of the case, an investigation may take from
four weeks to three months or more. The investigation is only the first phase of a
four-phase process. After the initial investigation is complete the medical review phase
starts. After the medical reviews are completed, a legal review is conducted. Then the fourth phase starts – the
Investigative Committee Review. Any one of
the reviews can send the case back for further investigation before proceeding through the
process again. The Investigative Committee
meets only four times a year, usually in March, June, September and December. The Investigative Committee MUST review each case.
This committee is comprised of members of the Nevada State Board of Medical Examiners and
is the authority and decision making body over investigations. So, even though the initial
investigation may be finished in four weeks, it must go through the process to its final
conclusion.
6.
May I have a copy of the doctor's response to the complaint?
No. The law provides that all
investigations and records of investigations may be kept confidential. (Senate Bill 250, Section 57 (3) (c) and
(4),2003 Legislative Session)
7. Is my complaint against
a doctor public information?
Your complaint against a doctor is
not public information (see question number 6, above) unless your complaint, through the
investigative process, becomes a Formal Complaint initiated against the doctor by the
Investigative Committee. When an investigation reaches that point, it is required that
the formal complaint and the outcome of the formal complaint become public record.
8.
Can a doctor sue me for making a complaint?
NRS 630.364 provides that any person
or organization that provides the Board of Medical Examiners with information about a
licensee (medical doctor, physician assistant or respiratory therapist), without malicious
intent, is immune from any civil action for furnishing that information.
9.
May I appeal the decision of the Investigative Committee to close my case without
the Committee making a formal complaint against the doctor?
No. The Investigation, Medical
Reviews, Legal Review and Investigative Committee Review of your case constitute a very
comprehensive process. On the average, three (3) separate medical doctors review the case
and, depending on the complexity of the issues, an additional review may be conducted by a
specialist in the medical field corresponding to the medical specialty involved in the
complaint. In those cases where the Investigative Committee decides, on the basis on the
evidence presented in this very comprehensive process, not to file a formal complaint
against a doctor, the decision is final.
10.
Can the Board help me resolve billing issues I have with my doctor?
No. The investigation of billing
disputes, costs of services, and/or referrals by doctors of patients to a collection
agency is not in the jurisdiction of the Board of Medical Examiners. The only exception to
this is that the Board may investigate the allegation against a doctor for billing you for
a service you did not receive (services not rendered).
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