Section 616C.024 - Rating physician or chiropractor: Disciplinary action1. The Administrator will issue a warning to any physician or chiropractic physician on the list of rating physicians and chiropractic physicians designated pursuant to NRS 616C.490, or suspend or remove any physician or chiropractic physician from the list if the physician or chiropractic physician: (a) Fails to correct errors in subsequent ratings evaluations after receiving three or more written responses from the panel established by the Administrator pursuant to NAC 616C.023 which address the same or similar errors identified in ratings performed by the physician or chiropractic physician;(b) Violates any provision of NAC 616C.006 or commits two or more violations of any of the provisions of chapters 616A to 617, inclusive, of NRS or any other regulations adopted pursuant thereto;(c) Is the subject of any disciplinary action that resulted in the suspension or revocation of his or her license or the limitation of his or her practice by the applicable licensing authority;(d) Is determined by the Administrator to have engaged in any action detrimental to an injured employee, an employer, an insurer or the program of industrial insurance;(e) Refuses to serve as a member of the panel to review ratings evaluations established pursuant to NAC 616C.023 or serves as a member of the panel but does not attend the meetings of the panel;(f) Fails to perform ratings evaluations pursuant to NRS 616C.490 or schedules and fails to perform ratings evaluations in accordance with that section; or(g) Fails to notify the Administrator and the person who submitted a completed Form D-35, Request for Assignment of Rating Physician or Chiropractic Physician, to the Administrator of the decision of the physician or chiropractic physician to decline his or her selection pursuant to section 7 within the time required by that section.2. If the Administrator intends to suspend or remove a physician or chiropractic physician from the list of rating physicians and chiropractic physicians, the Administrator will cause written notice of the suspension or removal to be delivered by certified mail to the physician or chiropractic physician affected. The physician or chiropractic physician may appeal the determination of the Administrator by filing a written notice of appeal with the Administrator within 10 days after the notice of suspension or removal is received. If a notice of appeal is filed in the manner provided by this subsection, the Administrator will conduct a hearing on the matter and issue a decision in writing affirming or reversing the determination.3. Except as otherwise provided in this subsection, the suspension or removal of a physician or chiropractic physician from the list of rating physicians and chiropractic physicians becomes final and effective upon the expiration of the time permitted by subsection 2 for the filing of a notice of appeal. If a notice of appeal is filed in the manner provided by subsection 2, the suspension or removal is final and effective upon the issuance of a decision affirming the determination of the Administrator. The issuance of such a decision is a final decision for the purposes of judicial review.Nev. Admin. Code § 616C.024
Added to NAC by Dep't of Industrial Relations, eff. 8-30-91; A by Div. of Industrial Relations by R009-97, 10-27-97; R090-99, 10-28-99; R105-00, 1-18-2001, eff. 3-1-2001; A by R134-20A, eff. 9/20/2022; Added to NAC by Div. of Industrial Relations by R134-20RA, eff. 12/19/2022; A by R076-23A, eff. 10/9/2024NRS 616A.400, 616C.490, as amended by section 17 of Senate Bill No. 274, chapter 535, Statutes of Nevada 2023, at page 3630