1. An employee of an osteopathic physician or a registered nurse, licensed practical nurse, nursing assistant or medication aide - certified who is employed by or contracts to provide nursing services for the osteopathic physician and who believes that he or she has been retaliated or discriminated against in violation of NRS 633.750 may file an action in a court of competent jurisdiction.
2. If a court determines that a violation of NRS 633.750 has occurred, the court may award such damages as it determines to have resulted from the violation, including, without limitation:
(a) Compensatory damages;
(b) Reimbursement of any wages, salary, employment benefits or other compensation denied to or lost by the employee, registered nurse, licensed practical nurse, nursing assistant or medication aide - certified as a result of the violation;
(c) Attorney’s fees and costs, including, without limitation, fees for expert witnesses; and
(d) Punitive damages, if the facts warrant.
3. The court shall award interest on the amount of damages at a rate determined pursuant to NRS 17.130.
4. The court may grant any equitable relief it considers appropriate, including, without limitation, reinstatement of the employee, registered nurse, licensed practical nurse, nursing assistant or medication aide - certified and any temporary, preliminary or permanent injunctive relief.
5. If any action to retaliate or discriminate is taken against an employee, registered nurse, licensed practical nurse, nursing assistant or medication aide - certified within 60 days after the employee, registered nurse, licensed practical nurse, nursing assistant or medication aide - certified takes any action described in subsection 1 of NRS 633.750, there is a rebuttable presumption that the action taken against the employee, registered nurse, licensed practical nurse, nursing assistant or medication aide - certified constitutes retaliation or discrimination in violation of NRS 633.750.
6. An osteopathic physician or any agent or employee thereof that violates the provisions of NRS 633.750 is subject to a civil penalty of not more than $10,000 for each violation. The Attorney General or any district attorney of this State may recover the penalty in a civil action brought in the name of the State of Nevada in any court of competent jurisdiction.
7. Any action under this section must be brought not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought.
8. As used in this section, "retaliate or discriminate" has the meaning ascribed to it in NRS 633.750.
(Added to NRS by 2002 Special Session, 22; A 2003, 325; 2009, 1426; 2011, 1335)—(Substituted in revision for NRS 633.507)
Structure Nevada Revised Statutes
Chapter 633 - Osteopathic Medicine
NRS 633.021 - "Board" defined.
NRS 633.025 - "Complaint" defined.
NRS 633.033 - "Formal complaint" defined.
NRS 633.041 - "Gross malpractice" defined.
NRS 633.051 - "Healing art" defined.
NRS 633.055 - "Hearing officer" defined.
NRS 633.061 - "Hospital internship" defined.
NRS 633.071 - "Malpractice" defined.
NRS 633.075 - "Medical assistant" defined.
NRS 633.081 - "Osteopathic medicine" and "osteopathy" defined.
NRS 633.091 - "Osteopathic physician" defined.
NRS 633.105 - "Panel" defined.
NRS 633.107 - "Physician assistant" defined.
NRS 633.108 - "Practice of osteopathic medicine" defined.
NRS 633.111 - "Professional incompetence" defined.
NRS 633.121 - "School of osteopathic medicine" defined.
NRS 633.122 - "Screening, brief intervention and referral to treatment approach" defined.
NRS 633.123 - "Supervising osteopathic physician" defined.
NRS 633.131 - "Unprofessional conduct" defined.
NRS 633.151 - Purpose of licensing; license is revocable privilege.
NRS 633.181 - Number and appointment of members.
NRS 633.191 - Qualifications of members.
NRS 633.201 - Terms and replacement of members.
NRS 633.211 - Oaths of office.
NRS 633.213 - Acknowledgment of statutory ethical standards.
NRS 633.231 - Meetings; quorum.
NRS 633.241 - Salary of members; per diem allowance and travel expenses of members and employees.
NRS 633.261 - Payment of Board’s expenses from fees; deposit of money received by Board.
NRS 633.271 - Executive Director; offices; employees.
NRS 633.281 - Oaths; subpoenas.
NRS 633.286 - Biennial report to Governor and Legislature.
NRS 633.291 - Regulations: Generally.
NRS 633.293 - Regulations governing supervision of medical assistants.
NRS 633.301 - Records; confidentiality of certain records; exceptions.
NRS 633.305 - Applications: Filing; action by Board.
NRS 633.311 - Qualifications of applicants for license to practice osteopathic medicine.
NRS 633.351 - Right of appeal of unsuccessful applicant; burden of proof.
NRS 633.361 - Issuance of license without examination.
NRS 633.3617 - Nondisciplinary condition, limitation or restriction placed on license by Board.
NRS 633.371 - Display of license to practice osteopathic medicine.
NRS 633.381 - Licenses issued before July 1, 1977, remain effective.
NRS 633.391 - Temporary license to practice osteopathic medicine.
NRS 633.416 - Special volunteer license to practice osteopathic medicine.
NRS 633.419 - Special event license to demonstrate medical techniques and procedures; regulations.
NRS 633.432 - Authorized services.
NRS 633.433 - Initial license as physician assistant: Issuance and conditions.
NRS 633.442 - Display of license; identification; separate billing prohibited.
NRS 633.467 - Osteopathic physicians prohibited from acting as supervising osteopathic physician.
NRS 633.469 - Supervising osteopathic physicians: Requirements of supervision.
NRS 633.511 - Grounds for initiating disciplinary action.
NRS 633.512 - Inspection of premises by Board.
NRS 633.531 - Mandatory or optional filing of complaint; retention of complaints.
NRS 633.542 - Practicing or offering to practice without license: Reporting requirements of Board.
NRS 633.571 - Examination of medical competency.
NRS 633.591 - Summary suspension of license: Stay by court of Board’s order prohibited; exception.
NRS 633.601 - Injunctive relief.
NRS 633.631 - Service of process; publication of notice.
NRS 633.641 - Requirements for proof.
NRS 633.643 - Standard of proof.
NRS 633.660 - Hearing officers and panels: Delegation of authority by Board.
NRS 633.665 - Hearing officers and panels: Powers.
NRS 633.671 - Judicial review.
NRS 633.681 - Removal of limitation on or suspension of license and reinstatement of license.
NRS 633.694 - Administration of anesthesia or sedation.
NRS 633.711 - Injunctive relief against person practicing without license.
NRS 633.721 - Sufficiency of allegations in criminal complaint charging practicing without license.
NRS 633.731 - Prosecution of violators; employment of investigators and assistants.