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A.

Filing of complaint; reporting of disciplinary action and findings. Who can file and what are the reasons for filing a complaint?

Answer:

1. Any person who becomes aware that a person practicing medicine in this state has, is or is about to become engaged in conduct which constitutes grounds for initiating disciplinary action may file a written complaint with the board.
2. Any medical society or medical facility or facility for the dependent licensed in this state shall report to the board the initiation and outcome of any disciplinary action against any homeopathic physician concerning the care of a patient or the competency of the physician.
3. The clerk of every court shall report to the board any finding, judgment or other determination of the court that a homeopathic physician:
   (a) Is mentally ill;
   (b) Is mentally incompetent;
   (c) Has been convicted of a felony or any law relating to controlled substances or dangerous drugs;
   (d) Is guilty of abuse or fraud under any state or federal program providing medical assistance; or
   (e) Is liable for damages for malpractice or negligence

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B. Grounds for filing a complaint. What are the board’s grounds for initiating disciplinary action (NRS 630A.340; 630A.350; 630A.360; 630A.370; 630A.380; 630A.390; 630A.400; 630A.410)?

Answer:

1. Unprofessional conduct.
2. Conviction of:
   (a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;
   (b) A felony;
   (c) Any offense involving moral turpitude; or
   (d) Any offense relating to the practice of homeopathic medicine or the ability to practice homeopathic medicine.
3. Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.
4. Professional incompetence.
5. Willfully representing with the purpose of obtaining compensation or other advantages for himself or for any other person that a manifestly incurable disease or injury or other manifestly incurable condition can be permanently cured.
6. Advertising the practice of homeopathic medicine in a false, deceptive or misleading manner.
7. Influencing a patient in order to engage in sexual activity with the patient or another person.
8. Attempting directly or indirectly, by way of intimidation, coercion or deception, to obtain or retain a patient or to discourage a patient from obtaining a second opinion.
9. Terminating the medical care of a patient without giving adequate notice or making other arrangements for the continued care of the patient.
10. Failing to disclose to a patient any financial or other conflict of interest affecting the care of the patient.
11. Inability to practice homeopathic medicine with reasonable skill and safety because of an illness, a mental or physical condition or the use of alcohol, drugs, narcotics or any other addictive substance.
12. Engaging in any:
    (a) Professional conduct which is intended to deceive or which the board by regulation has determined is unethical.
    (b) Medical practice harmful to the public or any conduct detrimental to the public health, safety or morals which does not constitute gross or repeated malpractice or professional incompetence.
13. Administering, dispensing or prescribing any controlled substance, except as authorized by law.
14. Performing, assisting or advising an unlawful abortion or in the injection of any liquid substance into the human body to cause an abortion.
15. Practicing or offering to practice beyond the scope permitted by law, or performing services which the homeopathic physician knows or has reason to know he is not competent to perform.
16. Performing any procedure without first obtaining the informed consent of the patient or his family or prescribing any therapy which by the current standards of the practice of homeopathic medicine is experimental.
17. Continued failure to exercise the skill or diligence or use the methods ordinarily exercised under the same circumstances by physicians in good standing who practice homeopathy and electrodiagnosis.
18. Willful disclosure of a communication privileged under a statute or court order.

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C. Review of complaint. If you file a complaint, how will the board proceed?

Answer:

1. The board or a committee of its members designated by the board shall review every complaint filed with the board and conduct an investigation to determine whether there is a reasonable basis for compelling a homeopathic physician to take a mental or physical examination or an examination of his competence to practice homeopathic medicine.
2. If a committee is designated, it must be composed of at least three members of the board, at least one of whom is a licensed homeopathic physician.
3. If, from the complaint or from other official records, it appears that the complaint is not frivolous and the complaint charges gross or repeated malpractice, the board shall transmit the original complaint, along with further facts or information derived from its own review, to the attorney general.
4. Following the investigation, the committee shall present its evaluation and recommendations to the board. The board shall review the committee’s findings to determine whether to take any further action, but a member of the board who participated in the investigation may not participate in this review or in any subsequent hearing or action taken by the board.

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D. Investigation of complaint by attorney general. Does anyone else review my complaint, other than the board?

Answer:

1. The board may request the attorney general to conduct an investigation of each complaint transmitted to him to determine whether it warrants proceedings for modification, suspension or revocation of license. If he determines that such further proceedings are warranted, he shall report the results of his investigation together with his recommendation to the board in a manner which does not violate the right of the person charged in the complaint to due process in any later hearing before the board.
2. The board shall promptly make a determination with respect to each complaint reported to it by the attorney general as to what action shall be pursued. The board shall:
   (a) Dismiss the complaint; or
   (b) Proceed with appropriate disciplinary action.

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If you have further questions about filing a complaint, phone, send an e-mail, a letter, or fax to: