Nev. Admin. Code § 640.170 - Complaints: Investigation; report; disposition; decision to proceed with hearing; response to complaint

1. Upon receipt of a complaint filed pursuant to subsection 4 or 5 of NAC 640.160, the Executive Director of the Board or his or her designee shall review the complaint to determine whether:

(a) The complaint is not frivolous;

(b) Any matter alleged in the complaint is proper for administrative review; and

(c) The complaint alleges sufficient information to warrant an investigation.

2. If the Executive Director or his or her designee determines pursuant to subsection 1 that a complaint should be investigated, the Executive Director or his or her designee shall send a letter to the person named in the complaint requesting a response to the allegations, unless the Executive Director or his or her designee believes sending such a letter will impede or otherwise interfere with the investigation or other good cause for not sending the letter exists. The Executive Director or his or her designee shall also send a letter to the complainant acknowledging receipt of the complaint, unless the Executive Director or his or her designee believes sending such a letter will impede or otherwise interfere with the investigation or other good cause for not sending the letter exists. If the complaint is anonymous, good cause exists for not sending a letter to the complainant.

3. If the complaint is against a physical therapist assistant or other person supervised by a physical therapist, the Executive Director or his or her designee shall notify the supervising physical therapist and request a response to the allegations, unless the Executive Director or his or her designee believes notifying the supervising physical therapist will impede or otherwise interfere with the investigation or other good cause for not notifying the supervising physical therapist exists.

4. A licensee shall respond to a written communication from the Executive Director or his or her designee which is sent pursuant to this section not later than 30 days after receipt of the communication. Failure to respond may result in a finding by the Board that the allegations in the complaint are proven.

5. Upon receipt of a response from the person named in the complaint and the supervising physical therapist, as applicable, the Executive Director of the Board shall designate an investigator employed by the Board to conduct an investigation of the complaint. Upon completing the investigation, the investigator shall submit a written report of his or her investigation to the Executive Director. The investigator shall submit the report to the Executive Director not later than 90 days after the investigator receives the report unless there is good cause for additional time for the investigation. The report must include, without limitation, the findings of the investigator, any records, documents or other information discovered during the investigation. and a statement regarding whether the investigator recommends that the Board commence an administrative hearing on the complaint.

6. Except as otherwise provided in subsection 7, after receiving a report pursuant to subsection 5, the Executive Director or his or her designee shall review the report and any accompanying evidence. The Executive Director or his or her designee may return the report to the investigator to request that further investigation be conducted or additional evidence be obtained. The Executive Director or his or her designee shall, after review of the report, make a written recommendation to the Board concerning the disposition of the complaint.

7. The Executive Director or his or her designee may designate a member of the Board to review the report. The member of the Board may request further investigation of the complaint if he or she considers such additional investigation necessary. Upon completing a review of the report, the member shall submit a written recommendation to the Executive Director concerning the disposition of the complaint. In accordance with subsection 1 of NRS 233B.122, the member may not vote at any hearing concerning the complaint.

8. Except as otherwise provided in subsection 9, if the investigator, the Executive Director or his or her designee and, if applicable, the member of the Board designated pursuant to subsection 7 decide that the matter should proceed to a disciplinary hearing or other resolution before the Board, the matter must be forwarded to the legal counsel of the Board for the drafting of appropriate documents pursuant to subsection 2 of NRS 233B.121, NRS 622.330 and chapter 622A of NRS. Pursuant to subsection 1 of NRS 622A.300, the legal counsel of the Board shall send a copy of the complaint to each person whom the complaint names as a party.

9. If a member of the Board is not designated to review the investigator's report pursuant to subsection 7 and the investigator and the Executive Director or his or her designee are not in agreement as to how the matter should proceed, the Executive Director or his or her designee may assign a member of the Board to review the report of the investigator to, in coordination with the investigator and the Executive Director or his or her designee, reach a majority determination as to whether the matter should proceed to a disciplinary hearing or other resolution before the Board.

10. If a complaint is dismissed by the Board at any time before the matter is scheduled for a hearing or other proceeding before the Board, the Executive Director or his or her designee shall notify the complainant, the person named in the complaint and, if applicable, the supervising physical therapist of the dismissal, unless the Executive Director or his or her designee believes that sending such notification will impede or otherwise interfere with the investigation or other good cause for not sending the notification exists.

Notes

Nev. Admin. Code § 640.170

Added to NAC by Bd. of Phys. Therapy Exam'rs, eff. 6-23-86; A by R111-02, 1-24-2003; R107-10, 10-15-2010; A by R124-21A, eff. 12/17/2022

NRS 640.050