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Board raises legal concerns about B&I proposed regulations, warns of potential overreach
Summary
Board staff and counsel said Department of Business & Industry rulemaking appears to be moving policy objectives into regulation; Executive Director Frank DiMaggio said some proposed rules 'exceed B&I’s statutory authority.' NOMA president raised HIPAA and competence concerns about a possible B&I oversight committee.
Executive Director Frank DiMaggio reported that the Department of Business & Industry (B&I) held a November 25 workshop on proposed Nevada Administrative Code changes and that the Department appears to be pursuing policy goals via regulation after certain legislation failed. DiMaggio told the Board he believes some proposed regulations would "exceed B&I’s statutory authority" and that regulations cannot override statute; he submitted written comments and had them entered into the workshop record.
During public comment, Dr. Henry Lok, president of the Nevada Osteopathic Medical Association (NOMA), expressed unanimous opposition to a proposed B&I oversight committee and raised concerns that a non‑physician committee could review medical complaints that involve HIPAA‑protected information. Mr. DiMaggio said he would keep stakeholders informed as the rulemaking proceeds and that another workshop will be held before regulations advance to the Legislative Commission.
