633.691 - Immunity from civil action; Board prohibited from taking certain action against osteopathic physician for disclosing violations to governmental entity or cooperating in related investigation - Nevada Statutes

633.691  Immunity from civil action; Board prohibited from taking certain action against osteopathic physician for disclosing violations to governmental entity or cooperating in related investigation, hearing or inquiry.

      1.  In addition to any other immunity provided by the provisions of chapter 622A of NRS, the Board, a medical review panel of a hospital, a hearing officer, a panel of the Board, an employee or volunteer of a diversion program specified in NRS 633.561, or any person who or other organization which initiates or assists in any lawful investigation or proceeding concerning the discipline of an osteopathic physician for gross malpractice, malpractice, professional incompetence or unprofessional conduct is immune from any civil action for such initiation or assistance or any consequential damages, if the person or organization acted in good faith.

      2.  The Board shall not commence an investigation, impose any disciplinary action or take any other adverse action against an osteopathic physician for:

      (a) Disclosing to a governmental entity a violation of a law, rule or regulation by an applicant for a license to practice osteopathic medicine or by an osteopathic physician; or

      (b) Cooperating with a governmental entity that is conducting an investigation, hearing or inquiry into such a violation, including, without limitation, providing testimony concerning the violation.

      3.  As used in this section, “governmental entity” includes, without limitation:

      (a) A federal, state or local officer, employee, agency, department, division, bureau, board, commission, council, authority or other subdivision or entity of a public employer;

      (b) A federal, state or local employee, committee, member or commission of the Legislative Branch of Government;

      (c) A federal, state or local representative, member or employee of a legislative body or a county, town, village or any other political subdivision or civil division of the State;

      (d) A federal, state or local law enforcement agency or prosecutorial office, or any member or employee thereof, or police or peace officer; and

      (e) A federal, state or local judiciary, or any member or employee thereof, or grand or petit jury.

      (Added to NRS by 1977, 953; A 2001, 496; 2005, 265, 768; 2005, 22nd Special Session, 108; 2009, 1427, 2988)