The full text of Nevada Revised Statutes (NRS) and Nevada Administrative Code (NAC) can be found at:  http://www.leg.state.nv.us/

 The full text of federal statutes (laws), also known as the U.S. Code (U.S.C. or U.S.C.A.), and the federal rules, known as the Code of Federal Regulations (C.F.R.), may be found through many internet cites, one of which is:  http://www.law.cornell.edu/

 The full text of any cases cited in this chapter (such as Jones v. Deeter or Sobol v. Capital Management Consultants, Inc.) may be found at the county legal library or through the UNLV legal library. 

NEVADA STATE STATUTES  referenced

NRS 613.200 Prevention of employment of person who has been discharged or who terminates employment unlawful; exception.

1. Except as otherwise provided in subsection 2, any person, association, company or corporation within this state, or any agent or officer on behalf of the person, association, company or corporation, who willfully does anything intended to prevent any person who for any cause left or was discharged from his or its employ from obtaining employment elsewhere in this state shall be punished by a fine of not more than $5,000. If a fine is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the labor commissioner.

2. The provisions of subsection 1 do not prohibit a person, association, company, corporation, agent or officer from negotiating, executing and enforcing an agreement with an employee of the person, association, company or corporation which, upon termination of the employment, prohibits the employee from:

(a) Pursuing a similar vocation in competition with or becoming employed by a competitor of the person, association, company or corporation; or

(b) Disclosing any trade secrets, business methods, lists of customers, secret formulas or processes or confidential information learned or obtained during the course of his employment with the person, association, company or corporation, if the agreement is supported by valuable consideration and is otherwise reasonable in its scope and duration.

NRS 630.304 Grounds for initiating disciplinary action or denying licensure: Misrepresentation in obtaining or reviewing license; false advertising; practicing under another name; signing blank prescription forms; influencing patient to engage in sexual activity; discouraging second opinion; terminating care without adequate notice.

The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:

1. 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.

2. Advertising the practice of medicine in a false, deceptive or misleading manner.

3. Practicing or attempting to practice medicine under another name.

4. Signing a blank prescription form.

5. Influencing a patient in order to engage in sexual activity with the patient or with others.

6. Attempting directly or indirectly, by way of intimidation, coercion or deception, to obtain or retain a patient or to discourage the use of a second opinion.

7. Terminating the medical care of a patient without adequate notice or without making other arrangements for the continued care of the patient.

NRS 630A.360 Grounds for initiating disciplinary action or denying licensure: Accepting

compensation to influence evaluation or treatment; inappropriate division of fees; charging for services not rendered; aiding practice by unlicensed person; advertising services of unlicensed person; delegating responsibility to unqualified person; failing to disclose conflict of interest.

The following acts, among others, constitute grounds for initiating disciplinary action or denying the issuance of a license:

1. Directly or indirectly receiving from any person any fee, commission, rebate or other form of compensation which tends or is intended to influence the physician’s objective evaluation or treatment of a patient.

2. Dividing a fee between homeopathic physicians, unless the patient is informed of the division of fees and the division is made in proportion to the services personally performed and the responsibility assumed by each homeopathic physician.

3. Charging for visits to the homeopathic physician’s office which did not occur or for services which were not rendered or documented in the records of the patient.

4. Employing, directly or indirectly, any suspended or unlicensed person in the practice of homeopathic medicine, or the aiding, abetting or assisting of any unlicensed person to practice homeopathic medicine contrary to the provisions of this chapter or the regulations adopted by the board.

5. Advertising the services of an unlicensed person in the practice of homeopathic medicine.

6. Delegating responsibility for the care of a patient to a person whom the homeopathic physician knows, or has reason to know, is not qualified to undertake that responsibility.

7. Failing to disclose to a patient any financial or other conflict of interest affecting the care of the patient.

NEVADA ADMINISTRATIVE CODE referenced

NAC 630.190 Prohibited advertising.

1. A physician shall not advertise the practice of medicine in such a manner that the advertising:

(a) Claims that a manifestly incurable disease can be permanently cured;

(b) Includes any false claim of a licensee´s medical skill, or the efficacy or value of his medicine or treatment;

(c) Claims or implies professional superiority of the performance of any professional service in a manner superior to that of other practitioners;

(d) Guarantees any professional service or the results of any course of treatment or surgical procedure, or the performance of any operation painlessly;

(e) Includes any statement which is known to be false, or through the exercise of reasonable care should be known to be false, deceptive, misleading or harmful, in order to induce any person to purchase, utilize or acquire any professional services or to enter into any obligation or transaction relating thereto;

(f) Includes any extravagant claim, aggrandizement of abilities or self‑laudatory statement calculated to attract patients, and which has a tendency to mislead the public or produce unrealistic expectations in particular cases; or

(g) Is false, deceptive or misleading in regard to the price, cost, charge, fee or terms of credit or services performed or to be performed.

2. It is sufficient for disciplinary purposes that any statement or other advertising described in paragraph (e), (f) or (g) has a tendency to:

(a) Deceive, mislead or harm the public because of its false, deceptive, misleading or harmful character; or

(b) Produce unrealistic expectations in particular cases, even though no member of the public is actually deceived, misled or harmed, or no unrealistic expectations are actually produced by the statement or other advertising.

[Bd. of Medical Exam´rs,  630.190, eff. 12‑20‑79]‑(NAC A 6‑23‑86)

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