Proposed changes to Nevada medical regulations

Thursday, April 17, 2003 | 12:12 p.m.

The Nevada Senate Commerce and Labor Committee has passed SB250, reshaping Nevada medical regulation in an effort to avoid future doctor shortages and malpractice insurance premium spikes. The bill heads to the Senate floor with a massive amendment that would:

-Require an outside audit of the Nevada Board of Medical Examiners

-Require that doctors disclose any past malpractice claims to the board when they apply for a Nevada license.

-Allow the board to fine a physician up to $5,000 if such information is not disclosed.

-Require the board to investigate any settlement or judgment of malpractice against a physician, and to release a public report.

-Require the board to maintain an Internet site listing alphabetically all disciplinary actions against licensed Nevada doctors.

-Allow the board with a two-thirds vote to waive any state requirements and issue a license to any doctor under "exceptional circumstances" including a shortage of specialists.

-Raise the evidentiary standard for the board to discipline doctors for malpractice, from the lesser "preponderance of evidence" to the highest standard of "clear and convincing evidence."

Several sections of the amendment apply to all statewide professional or occupational regulators, monitoring jobs including doctors, engineers, architects and accountants. These amendments would:

-Ensure that all complaints filed to regulators or occupational boards and all other documents considered by a board in a disciplinary action are public.

-Allow regulators or boards to recover investigation costs and lawyer fees if a licensee violates board regulations. Currently some boards cannot recover lawyer fees.

-Ensure that all disciplinary actions by boards or regulators are public.