The practice of audiology
and the practice of speech pathology are hereby declared to be learned
professions, affecting public safety and welfare and charged with the
public interest, and are therefore subject to protection and regulation
by the State.
(Added to NRS by 1979, 1253)
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 637B.030
to 637B.070 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1979, 1253)
“Audiologist” means any
person who engages in the practice of audiology.
(Added to NRS by 1979, 1253)
“Board” means the Board of
Examiners for Audiology and Speech Pathology.
(Added to NRS by 1979, 1253)
“Practice of
audiology” consists of holding out to the public, or rendering, services
for the measurement, testing, appraisal, prediction, consultation,
counseling, research or treatment of hearing and hearing impairment for
the purpose of modifying disorders in communication involving speech,
language and hearing.
(Added to NRS by 1979, 1253)
“Practice of
speech pathology” consists of holding out to the public, or rendering,
services for the measurement, testing, identification, prediction,
treatment or modification of, or counseling or research concerning:
1. Normal and abnormal development of a person’s ability to
communicate;
2. Disorders and problems concerning a person’s ability to
communicate;
3. Deficiencies in a person’s sensory, perceptual, motor,
cognitive and social skills necessary to enable him to communicate; and
4. Sensorimotor functions of a person’s mouth, pharynx and larynx.
(Added to NRS by 1979, 1253; A 1991, 171)
“Speech pathologist”
means any person who engages in the practice of speech pathology.
(Added to NRS by 1979, 1253)
The provisions of this chapter do not
apply to:
1. Any physician or any person who is working with patients or
clients under the direct, immediate supervision of a physician and for
whom the physician is directly responsible.
2. Any hearing aid specialist who is licensed pursuant to chapter
637A of NRS and who is acting within the
scope of his license.
3. Any person who:
(a) Holds a current credential as an audiologist or a speech
pathologist issued by the Department of Education;
(b) Is employed as an audiologist or a speech pathologist by a
federal agency or the Department of Health and Human Services;
(c) Is a graduate student intern enrolled in a program or school
approved by the Board and is pursuing a graduate degree in audiology or
speech pathology;
(d) Is a registered nurse employed as a school nurse; or
(e) Holds a current certificate from the Council on the Education
of the Deaf as a teacher,
Ê and who does not engage in the private practice of audiology or of
speech pathology in this State.
(Added to NRS by 1979, 1253; A 1987, 1677; 2005, 632 )
”
Nothing in this chapter prohibits the use of the title “certified
hearing aid audiologist” by a person who has been so certified by the
National Hearing Aid Society.
(Added to NRS by 1979, 1254)
BOARD OF EXAMINERS FOR AUDIOLOGY AND SPEECH PATHOLOGY
1. The Board of Examiners for Audiology and Speech Pathology,
consisting of five members appointed by the Governor, is hereby created.
2. The Governor shall appoint:
(a) Two members who have been engaged in the practice of speech
pathology for 2 years or more;
(b) One member who has been engaged in the practice of audiology
for 2 years or more;
(c) One member who is a physician and who is certified by the Board
of medical examiners as a specialist in otolaryngology, pediatrics or
neurology; and
(d) One member who is a representative of the general public. This
member must not be:
(1) A speech pathologist or an audiologist; or
(2) The spouse or the parent or child, by blood, marriage or
adoption, of a speech pathologist or an audiologist.
3. Members of the Board who are speech pathologists and
audiologists must be representative of the university, public school,
hospital or private aspects of the practice of audiology and of speech
pathology.
4. Each member of the Board who is a speech pathologist or
audiologist must hold a current license issued pursuant to this chapter
or a current certificate of clinical competence from the American
Speech-Language-Hearing Association.
5. The member who is a representative of the general public may
not participate in preparing, conducting or grading any examination
required by the Board.
(Added to NRS by 1979, 1254; A 2003, 1195 )
1. The Board shall elect from its members a President, a Vice
President and a Secretary-Treasurer. The officers of the Board hold their
respective offices at its pleasure.
2. The Board shall receive through its Secretary-Treasurer
applications for the licenses to be issued pursuant to this chapter.
3. The Secretary-Treasurer is entitled to receive a salary. The
Board shall determine the amount of the salary.
(Added to NRS by 1979, 1254)
1. The Board shall meet at least annually and may meet at other
times on the call of the President or a majority of its members.
2. A majority of the Board constitutes a quorum to transact all
business.
(Added to NRS by 1979, 1254)
1. A member of the Board is entitled to receive:
(a) A salary of not more than $80 per day, as fixed by the Board,
while engaged in the business of the Board; and
(b) A per diem allowance and travel expenses at a rate fixed by the
Board, while engaged in the business of the Board. The rate must not
exceed the rate provided for state officers and employees generally.
2. While engaged in the business of the Board, each employee of
the Board is entitled to receive a per diem allowance and travel expenses
at a rate fixed by the Board. The rate must not exceed the rate provided
for state officers and employees generally.
(Added to NRS by 1979, 1254; A 1983, 197; 1985, 445; 1989, 1701)
The Board may:
1. Issue subpoenas for the attendance of witnesses and production
of books and papers;
2. Administer oaths when taking testimony in any matter relating
to the duties of the Board; and
3. Adopt a seal which must be judicially noticed by the courts of
this State.
(Added to NRS by 1987, 830)
1. The district court in the county in which any hearing is being
conducted by the Board may compel the attendance of witnesses, the giving
of testimony and the production of books and papers as required by any
subpoena issued by the Board.
2. If any witness refuses to attend or testify or produce any
papers required by that subpoena, the Board may report to the district
court for the county in which the hearing is pending by petition, setting
forth that:
(a) Due notice has been given of the time and place of attendance
of the witness or the production of the books and papers;
(b) The witness has been subpoenaed pursuant to NRS 637B.135 ; and
(c) The witness has failed and refused to attend or produce the
papers required by subpoena before the Board in the hearing named in the
subpoena, or has refused to answer questions propounded to him in the
course of that hearing,
Ê and asking an order of the court compelling the witness to attend and
testify or produce the books or papers before the Board.
3. The court, upon petition of the Board, shall enter an order
directing the witness to appear before the court at a time and place to
be fixed by the court in the order, the time to be not more than 10 days
after the date of the order, and then and there show cause why he has not
attended or testified or produced the books or papers before the Board. A
certified copy of the order must be served upon the witness.
4. If it appears to the court that the subpoena was regularly
issued by the Board, the court may thereupon enter an order that the
witness appear before the Board at the time and place fixed in the order
and testify or produce the required books or papers, and upon failure to
obey the order, the witness must be dealt with as for contempt of court.
(Added to NRS by 1987, 831)
The Board shall operate on the basis of
a fiscal year commencing on July 1 and ending on June 30.
(Added to NRS by 1979, 1254)
The Board may, from time to time, adopt
regulations necessary to enable it to carry out the provisions of this
chapter.
(Added to NRS by 1979, 1254)
LICENSING
1. An applicant for a license to engage in the practice of
audiology or speech pathology must be issued a license by the Board if he:
(a) Is over the age of 21 years;
(b) Is a citizen of the United States, or is lawfully entitled to
remain and work in the United States;
(c) Is of good moral character;
(d) Meets the requirements for education or training and experience
provided by subsection 2;
(e) Has completed at least 300 clock hours of supervised clinical
experience in audiology or speech pathology, or both;
(f) Applies for the license in the manner provided by the Board;
(g) Passes any examination required by this chapter;
(h) Pays the fees provided for in this chapter; and
(i) Submits all information required to complete an application for
a license.
2. An applicant must possess a master’s degree in audiology or in
speech pathology from an accredited educational institution or possess
equivalent training and experience. If he seeks to qualify on the basis
of equivalent training and experience, the applicant must submit to the
Board satisfactory evidence that he has obtained at least 60 semester
credits, or equivalent quarter credits, in courses related to the normal
development, function and use of speech and language or hearing,
including, but not limited to, the management of disorders of speech or
hearing and the legal, professional and ethical practices of audiology or
speech pathology. At least 24 of the 60 credits, excluding any credits
obtained for a thesis or dissertation, must have been obtained for
courses directly relating to audiology or speech pathology.
(Added to NRS by 1979, 1255; A 1983, 1045; 1997, 2143; 2005, 2741
, 2807 )
Repealed. (See chapter 501, Statutes of Nevada 2005, at page
2818 .)
[Effective until the date of the repeal of the federal law requiring each
state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings.]
1. In addition to any other requirements set forth in this chapter:
(a) An applicant for the issuance of a license to engage in the
practice of audiology or speech pathology shall include the social
security number of the applicant in the application submitted to the
Board.
(b) An applicant for the issuance or renewal of a license to engage
in the practice of audiology or speech pathology shall submit to the
Board the statement prescribed by the Division of Welfare and Supportive
Services of the Department of Health and Human Services pursuant to NRS
425.520 . The statement must be
completed and signed by the applicant.
2. The Board shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the license; or
(b) A separate form prescribed by the Board.
3. A license to engage in the practice of audiology or speech
pathology may not be issued or renewed by the Board if the applicant:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Board shall
advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 1997, 2142; A 2005, 2741 , 2807 )
[Effective on the date of the repeal of the federal law requiring each
state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings and expires by limitation 2
years after that date.]
1. In addition to any other requirements set forth in this
chapter, an applicant for the issuance or renewal of a license to engage
in the practice of audiology or speech pathology shall submit to the
Board the statement prescribed by the Division of Welfare and Supportive
Services of the Department of Health and Human Services pursuant to NRS
425.520 . The statement must be
completed and signed by the applicant.
2. The Board shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the license; or
(b) A separate form prescribed by the Board.
3. A license to engage in the practice of audiology or speech
pathology may not be issued or renewed by the Board if the applicant:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Board shall
advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 1997, 2142; A 2005, 2741 , 2742 , 2807 , effective on the date of the repeal of
the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings)
1. Examinations for licensing must be given at least once a year
at the time and place fixed by the Board.
2. The examination must be fair and impartial, practical in
character, and the questions must be designed to discover the applicant’s
fitness.
3. The Board shall determine what constitutes a passing grade,
except that in making that determination, the Board shall act fairly and
impartially. If the Board elects to use a standard examination which is
administered nationally, the Board may not establish a minimum passing
grade which is higher than the national standard established for the
examination.
(Added to NRS by 1979, 1255)
The Board
may issue a license without examination to a person who holds:
1. A current license to practice audiology or speech pathology in
a state whose licensing requirements at the time the license was issued
are deemed by the Board to be substantially equivalent to those provided
by this chapter; or
2. A certificate of clinical competence issued by the American
Speech and Hearing Association in the field of practice for which the
person is applying for a license.
(Added to NRS by 1979, 1255; A 1983, 197)
1. The Board shall issue a temporary license to practice audiology
or speech pathology, upon application and the payment of the required
fee, to any person who is so licensed in another state and who meets all
the qualifications for licensing in this State other than passing the
examination.
2. A temporary license issued pursuant to this section is valid
until the Board publishes the results of the examination next
administered after the license is issued.
(Added to NRS by 1979, 1256)
1. All licenses issued pursuant to this chapter, except a
temporary license, expire on December 31 of each year.
2. Each holder of a license to practice audiology or speech
pathology, except a temporary license, who meets the requirements for
continuing education prescribed by the Board may renew his license before
its expiration upon payment of the fee for annual renewal of a license
and submission of all information required to complete the annual renewal
of a license.
3. If a licensee fails to pay the fee or submit all required
information for annual renewal of his license before its expiration, his
license may be renewed only upon the payment of the reinstatement fee in
addition to the renewal fee. A license may be renewed pursuant to this
subsection only if all fees are paid and all required information is
submitted within 3 years after the license has expired.
4. A licensee who wishes to have his license reinstated must prove
to the satisfaction of the Board that he has met the requirements for
continuing education prescribed by the Board for the period during which
his license was expired.
(Added to NRS by 1979, 1256; A 1983, 197; 1991, 171; 1997, 2144;
2005, 2743 , 2807 )
The Board may adopt regulations
setting standards for ethical conduct and requiring continuing education
as a prerequisite for the renewal of any license issued under this
chapter. Any regulations adopted by the Board under this section shall
establish standards which make reasonably current knowledge the basis for
a high standard of practice by audiologists and speech pathologists in
this State.
(Added to NRS by 1979, 1256)
1. The Board shall charge and collect only the following fees
whose amounts must be determined by the Board, but may not exceed:
Application fee for a license to practice speech
pathology............................ $100
Application fee for a license to practice
audiology............................................ 100
Annual fee for the renewal of a
license..................................................................
50
Reinstatement
fee........................................................................
............................... 75
2. All fees are payable in advance and may not be refunded.
(Added to NRS by 1979, 1256; A 1983, 198; 1991, 172)
1. All fees collected under the provisions of this chapter must be
paid to the Secretary-Treasurer of the Board to be used to defray the
necessary expenses of the Board. The Secretary-Treasurer shall deposit
the fees in qualified banks, credit unions or savings and loan
associations in this State.
2. In a manner consistent with the provisions of chapter 622A
of NRS, the Board may delegate to a hearing
officer or panel its authority to take any disciplinary action pursuant
to this chapter, impose and collect civil penalties therefor and deposit
the money therefrom in banks, credit unions or savings and loan
associations in this State.
3. If a hearing officer or panel is not authorized to take
disciplinary action pursuant to subsection 2 and the Board deposits the
money collected from the imposition of civil penalties with the State
Treasurer for credit to the State General Fund, it may present a claim to
the State Board of Examiners for recommendation to the Interim Finance
Committee if money is needed to pay attorney’s fees or the costs of an
investigation, or both.
(Added to NRS by 1979, 1254; A 1983, 1540; 1999, 1534 ; 2005, 775 )
DISCIPLINARY ACTION
The grounds for initiating disciplinary
action pursuant to this chapter are:
1. Unprofessional conduct.
2. Conviction of:
(a) A violation of any federal or state law regarding the
possession, distribution or use of any controlled substance or any
dangerous drug as defined in chapter 454 of
NRS;
(b) A felony relating to the practice of audiology or speech
pathology;
(c) A violation of any of the provisions of NRS 616D.200 , 616D.220 , 616D.240 or 616D.300 to 616D.440 , inclusive; or
(d) Any offense involving moral turpitude.
3. Suspension or revocation of a license to practice audiology or
speech pathology by any other jurisdiction.
4. Gross or repeated malpractice, which may be evidenced by claims
of malpractice settled against a practitioner.
5. Professional incompetence.
(Added to NRS by 1979, 1256; A 1981, 597; 1987, 1565; 1993, 792;
2003, 2712 )
[Expires by limitation 2 years after the date of the repeal of
the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings.]
1. If the Board receives a copy of a court order issued pursuant
to NRS 425.540 that provides for the
suspension of all professional, occupational and recreational licenses,
certificates and permits issued to a person who is the holder of a
license to engage in the practice of audiology or speech pathology, the
Board shall deem the license issued to that person to be suspended at the
end of the 30th day after the date on which the court order was issued
unless the Board receives a letter issued to the holder of the license by
the district attorney or other public agency pursuant to NRS 425.550
stating that the holder of the license
has complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560 .
2. The Board shall reinstate a license to engage in the practice
of audiology or speech pathology that has been suspended by a district
court pursuant to NRS 425.540 if:
(a) The Board receives a letter issued by the district attorney or
other public agency pursuant to NRS 425.550 to the person whose license was suspended
stating that the person whose license was suspended has complied with the
subpoena or warrant or has satisfied the arrearage pursuant to NRS
425.560 ; and
(b) The person whose license was suspended pays any fees imposed by
the Board pursuant to NRS 637B.230
for the reinstatement of a license.
(Added to NRS by 1997, 2143; A 2005, 2807 )
1. A complaint may be made against any applicant for a license or
any licensee charging one or more of the grounds for disciplinary action
with such particularity as to enable the defendant to prepare a defense.
2. The complaint must be in writing and be signed and verified by
the person making it.
(Added to NRS by 1979, 1256)
Notwithstanding the
provisions of chapter 622A of NRS, if the
Board receives a report pursuant to subsection 5 of NRS 228.420 , a disciplinary proceeding regarding the
report must be commenced within 30 days after the Board receives the
report.
(Added to NRS by 1979, 1257; A 1993, 793; 2005, 776 )
1. If, after notice and a hearing as required by law, the Board
determines that the applicant or licensee has committed any act which
constitutes grounds for disciplinary action, the Board may, in the case
of the applicant, refuse to issue a license, and in all other cases:
(a) Refuse to renew a license;
(b) Revoke a license;
(c) Suspend a license for a definite time, not to exceed 1 year;
(d) Administer to the licensee a public reprimand; or
(e) Impose a civil penalty not to exceed $1,000.
2. The Board shall not administer a private reprimand.
3. An order that imposes discipline and the findings of fact and
conclusions of law supporting that order are public records.
(Added to NRS by 1979, 1257; A 2003, 3453 ; 2005, 776 )
Repealed. (See chapter 225, Statutes of Nevada 2005, at page 807 .)
1. Except as otherwise provided in this section, a complaint filed
with the Board, all documents and other information filed with the
complaint and all documents and other information compiled as a result of
an investigation conducted to determine whether to initiate disciplinary
action against a person are confidential, unless the person submits a
written statement to the Board requesting that such documents and
information be made public records.
2. The charging documents filed with the Board to initiate
disciplinary action pursuant to chapter 622A of NRS and all documents and information
considered by the Board when determining whether to impose discipline are
public records.
3. The provisions of this section do not prohibit the Board from
communicating or cooperating with or providing any documents or other
information to any other licensing board or any other agency that is
investigating a person, including, without limitation, a law enforcement
agency.
(Added to NRS by 2003, 3452 ; A 2005, 776 )
UNLAWFUL ACTS; INJUNCTIVE RELIEF; PENALTIES
A person shall not engage in the practice of audiology or
speech pathology in this State without holding a valid license to do so
as provided in this chapter.
(Added to NRS by 1979, 1257; A 1985, 348; 1987, 1678)
An audiologist or speech pathologist who is not
also a physician shall not prescribe or administer drugs or pierce or
sever any body tissue.
(Added to NRS by 1979, 1257)
1. The Board through its President or Secretary-Treasurer may
maintain in any court of competent jurisdiction a suit for an injunction
against any person practicing audiology or speech pathology without a
license valid under this chapter.
2. Such an injunction:
(a) May be issued without proof of actual damage sustained by any
person, this provision being a preventive as well as a punitive measure.
(b) Shall not relieve such person from criminal prosecution for
practicing without a license.
(Added to NRS by 1979, 1257)
Any person who violates any of the
provisions of this chapter is guilty of a misdemeanor.
(Added to NRS by 1979, 1257)
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