1. If the Board finds, by a preponderance of the evidence, that an applicant or holder of a license:

(a) Has been adjudicated insane;

(b) Habitually uses any controlled substance or intoxicant;

(c) Has been convicted of a crime involving moral turpitude;

(d) Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;

(e) Has advertised in any manner which would tend to deceive, defraud or mislead the public;

(f) Has presented to the Board any diploma, license or certificate that has been signed or issued unlawfully or under fraudulent representations, or obtains or has obtained a license to practice in this State through fraud of any kind;

(g) Has been convicted of a violation of any federal or state law relating to a controlled substance;

(h) Has, without proper verification, dispensed a lens, frame, specially fabricated optical device or other ophthalmic device that does not satisfy the minimum standards established by the Board pursuant to NRS 637.073;

(i) Has violated any regulation of the Board;

(j) Has violated any provision of this chapter;

(k) Is incompetent;

(l) Is guilty of unethical or unprofessional conduct as determined by the Board;

(m) Is guilty of repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner;

(n) Is guilty of a fraudulent or deceptive practice as determined by the Board; or

(o) Has operated a medical facility, as defined in NRS 449.0151, at any time during which:

(1) The license of the facility was suspended or revoked; or

(2) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160,

the Board may, in the case of an applicant, refuse to grant the applicant a license, or may, in the case of a holder of a license, place the holder on probation, reprimand the holder publicly, require the holder to pay an administrative fine of not more than $10,000, suspend or revoke the holder’s license, or take any combination of these disciplinary actions.

2. The Board shall not privately reprimand a holder of a license.

3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

4. The provisions of paragraph (o) of subsection 1 apply to an owner or other principal responsible for the operation of the medical facility.

5. As used in this section, “preponderance of the evidence” has the meaning ascribed to it in NRS 233B.0375.

[Part 5:216:1951; R 1953, 554; new section added 1953, 554] + [7:216:1951] — (NRS A 1971, 2038; 1979, 1198; 1981, 596, 1343; 1983, 1538; 1987, 607, 1565, 1577; 1989, 914; 1993, 791; 2003, 3451; 2005, 772; 2007, 1240; 2009, 891; 2011, 855; 2015, 720)