Existing law prescribes certain requirements governing the staffing of hospitals, psychiatric hospitals and certain other health care facilities. (NRS 449.241-449.2428) In 2010, the Attorney General issued an opinion explaining that, while it is the longstanding practice in Nevada that a physician generally works as a contractor for, rather than an employee of, a hospital, there is no provision of law prohibiting a hospital from employing a physician. (Att'y Gen. Op. 2010-04 (March 5, 2010)) Section 1 of this bill expressly prohibits a hospital or psychiatric hospital from employing a physician for the purpose of practicing medicine, homeopathic medicine or osteopathic medicine except where expressly authorized by law. Existing law authorizes a county hospital or hospital district, a private nonprofit medical school, a nonprofit medical research institution or certain mental health facilities operated by divisions of the Department of Health and Human Services to employ a physician under certain circumstances. (NRS 433.264, 433B.150, 450.180, 450.640, 630.365) Section 1 additionally authorizes a hospital or psychiatric hospital to employ a physician: (1) who is participating in certain graduate programs; or (2) if the hospital or psychiatric hospital is owned or operated by the State Government. Existing law exempts a medical facility from certain requirements of existing law relating to the licensing and regulation of medical facilities if the facility: (1) is conducted by and for the adherents of any church or religious denomination for the purpose of providing care and treatment in accordance with the practices of the religion of the church or denomination; or (2) is operated and maintained by the United States Government or an agency thereof. (NRS 449.0301) Section 2 of this bill exempts these facilities from the provisions of section 1. Existing law authorizes certain penalties to be imposed against certain medical facilities that violate certain laws and regulations governing the operation of such medical facilities. (NRS 449.160, 449.163, 449.220, 449.240) Sections 3 and 4 of this bill apply these same penalties to a hospital or psychiatric hospital that violates section 1. Section 3 authorizes the Division of Public and Behavioral Health of the Department of Health and Human Services to suspend or revoke the license of a hospital or psychiatric hospital that violates section 1. Section 4 authorizes the Division to impose certain other penalties on a hospital or psychiatric hospital that violates section 1, including an administrative penalty of not more than $5,000 per day for each violation, together with interest at a rate not to exceed 10 percent per year. Sections 5-7 of this bill make conforming changes to: (1) authorize the Division to bring action to enjoin any person from operating or maintaining any hospital or psychiatric hospital that violates section 1; (2) requires the district attorney of the county where the hospital or psychiatric hospital is located to prosecute such an action upon application by the Division; and (3) apply the definitions of certain terms to section 1.

Statutes affected:
As Introduced: 449.0301, 449.160, 449.163, 449.220, 449.240, 449.241
BDR: 449.0301, 449.160, 449.163, 449.220, 449.240, 449.241