Doctors, physician assistants, and respiratory care practitioners face disciplinary action by the Nevada State Board of Medical Examiners for committing felony crimes or medical-related misconduct.
If you are accused of criminal offenses or other misconduct, you have the right to a hearing in front of the Medical Board. If the Board finds against you, the Board can impose various penalties, including:
- a reprimand,
- $5,000 fine,
- conditions on your medical license,
- license suspension, or
- license revocation
You are advised to have an attorney present at these disciplinary hearings.
In this article, our Las Vegas criminal defense attorneys discuss:
- 1. How does Nevada’s Board of Medical Examiners work?
- 2. Can I apply for a medical license with a criminal record?
- 3. What triggers disciplinary action?
- 4. What happens if there is a complaint against me?
- 5. What happens at a Nevada Medical Board disciplinary hearing?
- 6. Can I go to jail for practicing medicine without a license in Nevada?
- 7. Other occupational licenses in Nevada
Nevada doctors convicted of felonies face disciplinary actions by the Board of Medical Examiners.
1. How does Nevada’s Board of Medical Examiners work?
The Nevada State Board of Medical Examiners is a state association that grants medical licenses to doctors, physician assistants, and respiratory care practitioners. Additionally, the Board conducts investigations on and disciplines licensees for misconduct.
The Board is comprised of the following Nevada Governor appointees:
- 6 doctors,
- 1 representative of health care providers for the poor, and
- 2 non-doctors to represent the general public
Board members can serve two consecutive terms of four years each. The Board meets several times a year and makes the agendas and minutes public online.1
2. Can I apply for a medical license if I have a criminal record?
The Nevada Medical Board may deny licenses to you if you have been convicted of the following crimes in Nevada or elsewhere:
- a felony relating to the practice of medicine or the ability to practice medicine;
- murder, voluntary manslaughter, or mayhem;
- any felony involving the use of a firearm or other deadly weapon;
- assault with intent to kill or to commit sexual assault or mayhem;
- sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure, or any other sexually related crime;
- abuse or neglect of a child or contributory delinquency;
- a violation of any federal or state law regulating the possession, distribution, or use of any controlled substance or any dangerous drug; or
- crimes involving moral turpitude (including crimes of violence, fraud, or theft)
Having a criminal record can impede you from getting a Nevada medical license.
In sum, if you have serious criminal convictions on your record, you may be automatically disqualified from becoming a doctor, physician’s assistant, or respiratory care provider in Nevada.
If you have a minor misdemeanor on your record such as trespass or even a DUI, you may still be eligible for medical licenses. Though the Board will ask for documentation to show that you have completed all the court-imposed sentencing terms.2
2.1. Can the Nevada Medical Board see my sealed criminal records?
The Board’s Medical License Application instructs you to reveal all your past arrests and convictions, even if they have been expunged or sealed. Sometimes, even sealed records may surface when the Board runs your fingerprints.
The Nevada Medical Board may be able to see your sealed criminal records.
If the Board discovers that you have a criminal record when you did not mention it on the application, the Board can consider the application “fraudulent” and deny you a license. Therefore, if you have a sealed record, you are advised to consult with a lawyer while preparing the paperwork.
The lawyer can try to look into whether a fingerprint search yields your sealed records. This information could then help guide you in how to proceed with filling out the paperwork for the Board.3
Learn more about Nevada criminal record seals.
3. What triggers disciplinary action?
The Medical Board may initiate disciplinary proceedings against licensed doctors, physicians, and respiratory care providers for getting convicted of any of the following offenses:
- a felony relating to the practice of medicine or the ability to practice medicine;
- a violation of certain insurance-related laws (NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310, or 616D.350 to 616D.440);
- murder, voluntary manslaughter or mayhem;
- any felony involving the use of a firearm or other deadly weapon;
- assault with intent to kill or to commit sexual assault or mayhem;
- sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime;
- abuse or neglect of a child or contributory delinquency;
- a violation of any federal or state law regulating the possession, distribution, or use of any controlled substance or any dangerous drug; or
- any offense involving moral turpitude
The Board may also initiate disciplinary proceedings against licensed doctors, physicians, and respiratory care providers for various acts of misconduct, some of which include:
- any disciplinary action (such as revocation of one’s medical license in another state);
- malpractice;
- the engaging in any sexual activity with a patient who is currently being treated by you;
- the engaging in conduct that brings the medical profession into disrepute;
- the engaging in sexual contact with the surrogate of a patient or other key persons related to a patient, which exploits the relationship between the physician and the patient in a sexual manner;
- obtaining, maintaining or renewing or attempting to obtain, maintain or renew a license to practice medicine by bribery, fraud or misrepresentation or by any false, misleading, inaccurate or incomplete statement;
- advertising the practice of medicine in a false, deceptive or misleading manner;
- practicing or attempting to practice medicine under another name;
- signing a blank prescription form;
- charging for visits to the physician’s office which did not occur or for services that were not rendered or documented in the records of the patient;
- aiding, assisting, employing or advising, directly or indirectly, any unlicensed person to engage in the practice of medicine contrary to the provisions of this chapter or the regulations of the Board;
- delegating responsibility for the care of a patient to a person if you know, or have reason to know, that the person is not qualified to undertake that responsibility;
- failing to disclose to a patient any financial or other conflict of interest;
- inability to practice medicine with reasonable skill and safety because of illness, a mental or physical condition or the use of alcohol, drugs, narcotics or any other substance;
- making or filing a report which you know to be false or failing to file a record or report as required by law or regulation;
- failure to be found competent to practice medicine as a result of an examination to determine medical competency pursuant to NRS 630.318;
- engaging in any act that is unsafe or unprofessional conduct in accordance with regulations adopted by the Board;
- making or filing a report which you know to be false, failing to file a record or report as required by law, or knowingly or willfully obstructing or inducing another to obstruct such filing;
- failure to make the medical records of a patient available for inspection and copying as provided in NRS 629.061, if you are the custodian of health care records with respect to those records.
- failure to comply with the requirements of NRS 630.3068;
- failure to report any person you know, or have reason to know, is in violation of the provisions of this chapter or the regulations of the Board within 30 days after the date you know or have reason to know of the violation; or
- fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, administering or dispensing of a controlled substance listed in schedule II, III or IV.
It is also grounds for disciplinary action for you to not notify the Board if you have been convicted of a crime (other than minor traffic violations) or have been disciplined in another state.4
4. What happens if there is a complaint made against me?
The first step of a Nevada Medical Board disciplinary proceeding is a complaint.
Anyone may file an informal complaint against a medical provider in Nevada. Once the Board receives an informal complaint, a Board committee will commence an investigation.
The committee is comprised of at least three Board members (one of which must be a non-doctor), and the investigation may include asking you to speak before a Board committee.
If the Board determines that there is a reasonable basis for the complaint, it will serve you with a formal complaint. The complaint should specify
- all the allegations of wrongdoing and
- any applicable law or regulation that you allegedly violated.
The Board may also immediately suspend your license if it determines that the health, safety, or welfare of the public or a patient may be at risk.
If you are served with a complaint, you are advised to retain legal counsel to represent you for the duration of the matter.
4.1. Answer and Case Conference
You have 20 days to respond to the formal complaint. Then within 20 days of submitting this response (or within 20 days of when the response is due), you must meet with the Board’s investigative committee for a case conference.
At the case conference, both parties will:
- discuss or attempt to resolve all or any portion of the evidentiary or legal issues in the matter;
- discuss the potential for settlement of the matter on terms agreeable to the parties; and
- set a date for a disciplinary hearing on the “earliest possible” opportunity
Scroll down to the next section for information on Nevada Medical Board hearings.5
Attorneys may represent you at disciplinary hearings in Nevada.
5. What happens at a Nevada Medical Board disciplinary hearing?
The disciplinary hearing is an administrative proceeding that resembles a trial. The Board tries to prove that you committed misconduct, and you (or your attorney) may present evidence and witnesses in your defense.
If a majority of the Board finds “by a preponderance of the evidence” that you committed a violation, it may impose one or more of the following forms of discipline:
- license suspension;
- license revocation;
- probation;
- public reprimand;
- a $5,000 fine for each violation;
- community service;
- limitation of your practice;
- requirement to complete rehab;
- supervised practice;
- a mental, physical, or competency examination; and/or
- educational classes or training
Within 30 days of disciplinary hearings, the Board issues final orders of the proceedings, which are made public online. If you are disciplined by the Board, you may request a judicial review (similar to an appeal).6
6. Can I go to jail for practicing medicine without a license in Nevada?
It is possible. Holding oneself out as a doctor or other health care worker without having a license is a felony. The category of felony depends on whether you cause a patient substantial bodily harm:7
| Holding oneself out as a health care provider without a license (NRS 630.140) | Penalties |
| Causing no substantial bodily harm | Category D felony
|
| Causing substantial bodily harm | Category C felony
|
Practicing medicine without a license is a crime in Nevada.
Predictably, it is also against the law for unlicensed “doctors” to perform actual medical procedures. The harshness of the penalties turns on the following factors:
- whether you performed surgery,
- whether you performed a health care procedure that caused the victim’s death or substantial injury, and
- whether you have been previously convicted of conducting a medical procedure with no license8
6.1. Unlicensed practice of medicine with non-surgical procedures
| Unlicensed Practice of Medicine with non-surgical health care procedures (NRS 200.830) | Penalties |
| Causing no substantial bodily harm or death | Category D felony:
NOTE: The punishment may be less depending on the type of health care worker you are |
| Causing substantial bodily harm | Category C felony:
or Category B felony (if you had a previous conviction):
|
| Causing death | Category B felony:
NOTE: The judge may not suspend the sentence or grant probation |
6.2. Unlicensed practice of medicine with surgical procedures
| Unlicensed Practice of Medicine with surgical procedures (NRS 200.840) | Penalties |
| Causing no substantial bodily harm or death | Category C felony (if you have no previous convictions):
or Category B felony (if you have a previous conviction):
|
| Causing substantial bodily harm | Category B felony:
|
| Causing death | Category B felony:
NOTE: The judge may not suspend the sentence or grant probation |
Learn more about the unauthorized practice of medicine in Nevada.
7. Other occupational licenses in Nevada
7.1. Nursing
Nurses and nursing assistants are regulated by the Nevada Nursing Board, which adopts regulations, holds hearings, and imposes penalties for misconduct. Learn more about nursing license revocations and suspensions.
7.2. Dentists
Dentists and dental hygienists face license loss for committing crimes of moral turpitude or unprofessional conduct. See more in our article on license revocations or suspensions for dentists.
7.3. Contractors (Builders)
Licensed contractors who do substandard work or engage in unprofessional conduct or serious criminal activity face disciplinary actions, including a license suspension or revocation. Learn more in our article on disciplinary proceedings and license revocations for contractors.
7.4. Real Estate Brokers and Salespeople
Selling and brokering real estate outside the laws and regulations of the Nevada Real Estate Commission can jeopardize the seller’s or broker’s license. Learn more in our article on disciplinary proceedings and license revocations for real estate brokers and salespeople.
7.5. Attorneys
The Nevada State Bar may impose disciplinary punishments on attorneys for getting convicted of felonies or DUI, or for violating the Rules of Professional Conduct. Learn more about attorney license disbarment or suspension.
7.6. Accountants
The Nevada State Board of Accountancy issues complaints and imposes discipline to CPAs accused of committing a crime or unprofessional behavior. Learn more in our article about disciplinary proceedings and license suspensions for accountants.
7.7. Social Workers
The Nevada State Board of Examiners for Social Workers has the discretion to revoke social worker licenses as a penalty for crimes or misconduct. Go to our article about suspending or revoking social worker’s licenses in disciplinary hearings.
7.8 Teachers
Educators face disciplinary proceedings for getting convicted of serious crimes or committing unprofessional conduct. Go to our article about suspending or revoking teaching licenses.
Call our Las Vegas criminal defense attorneys for a consultation.
Call a Nevada criminal defense attorney…
Are you at risk of losing your medical license? Contact our Las Vegas criminal defense attorneys to talk about your matter. We will do everything to save your license and your livelihood.
Facing discipline in California? See our article on California disciplinary actions for doctors.
Facing discipline in Colorado? See our article on Colorado disciplinary actions for doctors.
Legal References:
- NRS 630.050 – NRS 630.070.
- NRS 630.301; Nevada Medical Board License Application.
- Id.
- NRS 630.301 – NRS 630.3066.
- NRS 630.311; NRS 630.339; NRS 630.3675 (Note that a person’s license is immediately suspended whenever they get convicted of a felony for a violation of any federal or state law or regulation relating to the holder’s practice.).
- NRS 630.652; NRS 630.656.
- NRS 630.400.
- NRS 200.800 – NRS 200.840.