USA Statutes : nevada
Title : Title 54 - PROFESSIONS, OCCUPATIONS AND BUSINESSES
Chapter : CHAPTER 632 - NURSING
The Legislature hereby
declares that the practice of nursing is a learned profession affecting
the safety, health and welfare of the public and is subject to regulation
to protect the public from the practice of nursing by unqualified and
unlicensed persons and from unprofessional conduct by persons licensed to
practice nursing. The Legislature further declares that the purpose of
the State Board of Nursing is to regulate the practice of nursing and to
enforce the provisions of this chapter.
(Added to NRS by 1995, 1648)
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 632.011
to 632.0195 , inclusive, have the meanings ascribed to
them in those sections.
[2:256:1947; A 1949, 536; 1943 NCL § 4756.02] + [2:154:1949; 1943
NCL § 4759.02]—(NRS A 1963, 608; 1973, 522; 1977, 189; 1979, 1870; 1987,
1526; 1989, 2013, 2050; 1999, 1324 ; 2003, 336 )
“Accredited
school of nursing” means a school of nursing which is accredited by a
nationally recognized association or an agency authorized by law to
accredit schools of nursing in the state in which the school is located.
(Added to NRS by 1987, 1524; A 1999, 1324 ; 2003, 336 )
“Accredited school of practical nursing” means a school of practical
nursing which is accredited by a nationally recognized association or an
agency authorized by law to accredit schools of practical nursing in the
state in which the school is located.
(Added to NRS by 2003, 335 )
“Accredited school of professional nursing” means a school of
professional nursing which is accredited by a nationally recognized
association or an agency authorized by law to accredit schools of
professional nursing in the state in which the school is located.
(Added to NRS by 2003, 336 )
“Advanced
practitioner of nursing” means a registered nurse who:
1. Has specialized skills, knowledge and experience; and
2. Is authorized by the Board to provide services in addition to
those that other registered nurses are authorized to provide.
(Added to NRS by 1987, 1524; A 1991, 790)
“Agency to provide nursing in the home” has the meaning ascribed to it
in NRS 449.0015 .
(Added to NRS by 1989, 2007)
“Approved
school of nursing” means a school of nursing that is approved by the
Board as meeting the standards for nursing education established by the
Board pursuant to NRS 632.430 to
632.470 , inclusive.
(Added to NRS by 1999, 1324 )
“Approved school of practical nursing” means a school of practical
nursing that is approved by the Board as meeting the standards for
practical nursing education established by the Board pursuant to NRS
632.430 .
(Added to NRS by 2003, 336 )
“Approved school of professional nursing” means a school of professional
nursing that is approved by the Board as meeting the standards for
professional nursing education established by the Board pursuant to NRS
632.440 to 632.470 , inclusive.
(Added to NRS by 2003, 336 )
“Basic nursing
services” means the performance of acts designated by the Board which are
within the practice of nursing under the direction of a registered nurse
or a licensed practical nurse that do not require the substantial
specialized skill, judgment and knowledge required of a registered nurse
or licensed practical nurse.
(Added to NRS by 1989, 2007)
“Board” means the State Board of
Nursing.
(Added to NRS by 1987, 1524)
“Certificate” means a
document which authorizes a person to practice as a nursing assistant.
(Added to NRS by 1989, 2007)
“Certified registered nurse anesthetist” means a registered nurse who:
1. Has completed a nationally accredited program in the science of
anesthesia; and
2. Is certified by the Board to administer anesthetic agents to a
person under the care of a licensed physician, a licensed dentist or a
licensed podiatric physician.
(Added to NRS by 1987, 1524; A 1993, 2217)
“Emergency” means an unforeseen
combination of circumstances calling for immediate action.
(Added to NRS by 1987, 1525)
“Facility for
long-term care” means a facility for intermediate care, as defined in NRS
449.0038 , or a facility for skilled
nursing, as defined in NRS 449.0039 .
(Added to NRS by 1989, 2007)
“Licensed
practical nurse” means a person who is licensed to practice practical
nursing as provided in this chapter.
(Added to NRS by 1987, 1525)
“Licensee” means a person
licensed pursuant to this chapter.
(Added to NRS by 1989, 2050)
“Medical facility” has
the meaning ascribed to it in NRS 449.0151 .
(Added to NRS by 1989, 2008)
1. “Nursing assistant” means a person who, under the direction of
a licensed nurse, performs basic restorative services and basic nursing
services which are directed at the safety, comfort, personal hygiene,
basic mental health and protection of patients and the protection of the
rights of patients.
2. The term does not include a person who is employed by this
State or under contract with this State to provide, or assist in the
provision of, personal care of other persons if he does not primarily
perform acts that are within the authorized scope of practice of a
nursing assistant.
(Added to NRS by 1989, 2008; A 1997, 922; 1999, 1324 )
“Nursing
assistant trainee” means a person who is:
1. Enrolled in a training program required for certification as a
nursing assistant; or
2. Awaiting the results of a certification examination.
(Added to NRS by 1989, 2008)
“Practice of nursing”
means the general observation, diagnosis and treatment of changes in a
person’s health. The term does not include acts of medical diagnosis or
prescription of therapeutic or corrective measures, except as authorized
by specific statute.
(Added to NRS by 1989, 2050)
“Practice of
practical nursing” means the performance of selected acts in the care of
the ill, injured or infirm under the direction of a registered
professional nurse, an advanced practitioner of nursing, a licensed
physician, a licensed physician assistant, a licensed dentist or a
licensed podiatric physician, not requiring the substantial specialized
skill, judgment and knowledge required in professional nursing.
(Added to NRS by 1987, 1525; A 1993, 2218; 1999, 1325 ; 2001, 1 , 792 )
“Practice
of professional nursing” means the performance of any act in the
observation, care and counsel of the ill, injured or infirm, in the
maintenance of health or prevention of illness of others, in the
supervision and teaching of other personnel, in the administration of
medications and treatments as prescribed by an advanced practitioner of
nursing, a licensed physician, a licensed physician assistant, a licensed
dentist or a licensed podiatric physician, requiring substantial
specialized judgment and skill based on knowledge and application of the
principles of biological, physical and social science, but does not
include acts of medical diagnosis or prescription of therapeutic or
corrective measures.
(Added to NRS by 1987, 1525; A 1993, 2218; 1999, 1325 ; 2001, 2 , 792 )
“Registered nurse” means
a person who is licensed to practice professional nursing.
(Added to NRS by 1987, 1524)
“System for the delivery of health care” means a licensed medical
facility, as defined in NRS 449.0151 ,
or other organization that provides organized nursing services.
(Added to NRS by 1999, 1324 )
STATE BOARD OF NURSING
The State Board of
Nursing, consisting of seven members appointed by the Governor, is hereby
created.
[Part 3:256:1947; 1943 NCL § 4756.03]—(NRS A 1963, 609; 1973, 523;
1977, 1251)
1. The Governor shall appoint:
(a) Three registered nurses who are graduates of an accredited
school of nursing, are licensed as professional nurses in the State of
Nevada and have been actively engaged in nursing for at least 5 years
preceding the appointment.
(b) One practical nurse who is a graduate of an accredited school
of practical nursing, is licensed as a practical nurse in this State and
has been actively engaged in nursing for at least 5 years preceding the
appointment.
(c) One nursing assistant who is certified pursuant to the
provisions of this chapter.
(d) One member who represents the interests of persons or agencies
that regularly provide health care to patients who are indigent,
uninsured or unable to afford health care. This member may be licensed
under the provisions of this chapter.
(e) One member who is a representative of the general public. This
member must not be:
(1) A licensed practical nurse, a registered nurse, a
nursing assistant or an advanced practitioner of nursing; or
(2) The spouse or the parent or child, by blood, marriage or
adoption, of a licensed practical nurse, a registered nurse, a nursing
assistant or an advanced practitioner of nursing.
2. Each member of the Board must be:
(a) A citizen of the United States; and
(b) A resident of the State of Nevada who has resided in this State
for not less than 2 years.
3. A representative of the general public may not:
(a) Have a fiduciary obligation to a hospital or other health
agency;
(b) Have a material financial interest in the rendering of health
services; or
(c) Be employed in the administration of health activities or the
performance of health services.
4. The members appointed to the Board pursuant to paragraphs (a)
and (b) of subsection 1 must be selected to provide the broadest
representation of the various activities, responsibilities and types of
service within the practice of nursing and related areas, which may
include, without limitation, experience:
(a) In administration.
(b) In education.
(c) As an advanced practitioner of nursing.
(d) In an agency or clinic whose primary purpose is to provide
medical assistance to persons of low and moderate incomes.
(e) In a licensed medical facility.
5. Each member of the Board shall serve a term of 4 years. If a
vacancy occurs during a member’s term, the Governor shall appoint a
person qualified under this section to replace that member for the
remainder of the unexpired term.
6. No member of the Board may serve more than two consecutive
terms. For the purposes of this subsection, service of 2 or more years in
filling an unexpired term constitutes a term.
[Part 3:256:1947; 1943 NCL § 4756.03]—(NRS A 1963, 609; 1973, 523;
1977, 1251; 1983, 256; 1995, 1649; 2003, 1191 )
All appointments to the
Board must be made by the Governor within 60 days from the time a vacancy
occurs.
[Part 3:256:1947; 1943 NCL § 4756.03]—(NRS A 1963, 610; 1977, 1252;
1981, 525)
The prevailing laws of the State
of Nevada controlling the removal from office of public officials shall
be applicable to the removal of any member of the Board during his term
of office.
[4:256:1947; 1943 NCL § 4756.04]
1. Each year at a meeting of the Board, to be held in accordance
with NRS 632.070 , the Board shall elect
from its members a President, a Vice President and a Secretary.
2. The Board may appoint an Executive Director who need not be a
member of the Board. The Executive Director appointed by the Board must
be a professional nurse licensed to practice nursing in the State of
Nevada. The Executive Director shall perform such duties as the Board may
direct and is entitled to receive compensation as set by the Board. The
Executive Director is entitled to receive 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.
[Part 5:256:1947; A 1955, 608]—(NRS A 1963, 150, 610; 1971, 224;
1983, 256; 1989, 1697; 1991, 318)
The Board may:
1. Maintain offices in as many localities in the State as it finds
necessary to carry out the provisions of this chapter.
2. Employ attorneys, investigators and other professional
consultants and clerical personnel necessary to the discharge of its
duties.
(Added to NRS by 1963, 150)
A member of the Board or an employee or agent of the
Board is not liable in a civil action for any act performed in good faith
and within the scope of the duties of the Board pursuant to the
provisions of this chapter.
(Added to NRS by 1999, 1324 )
1. The Board shall meet at least three times a year at
approximately 4-month intervals for the purpose of transacting such
business as may properly come before the Board.
2. The Board shall hold not less than one examination each year at
such times and places as the Board may determine.
3. Special meetings of the Board may be held on the call of the
President or upon the call of any three members. A written notice of the
time, place and object of any special meeting must be mailed by the
Executive Director to all members of the Board who are not parties to the
call at least 15 days prior to the day of such meeting.
4. A majority of the Board constitutes a quorum at any meeting.
[Part 5:256:1947; A 1955, 608]—(NRS A 1963, 611; 1973, 524; 1983,
257)
1. The Advisory Committee on Nursing Assistants, consisting of 10
members appointed by the Board, is hereby created.
2. The Board shall appoint to the Advisory Committee:
(a) One representative of facilities for long-term care;
(b) One representative of medical facilities which provide acute
care;
(c) One representative of agencies to provide nursing in the home;
(d) One representative of the Health Division of the Department of
Health and Human Services;
(e) One representative of the Division of Health Care Financing and
Policy of the Department of Health and Human Services;
(f) One representative of the Aging Services Division of the
Department of Health and Human Services;
(g) One representative of the American Association of Retired
Persons or a similar organization;
(h) A nursing assistant;
(i) A registered nurse; and
(j) A licensed practical nurse.
3. The Advisory Committee shall advise the Board with regard to
matters relating to nursing assistants.
(Added to NRS by 1989, 2008; A 1999, 2239 )
1. In addition to the Advisory Committee on Nursing Assistants
created by NRS 632.072 , the Board may
appoint such other advisory committees as it deems appropriate.
2. The members of any advisory committee appointed pursuant to
subsection 1 are not entitled to be paid a salary or to receive per diem
allowances for conducting the business of the advisory committee, but the
Board may authorize reimbursement for the actual expenses incurred by a
member for traveling to and from a meeting of the advisory committee.
(Added to NRS by 1995, 1649)
1. The compensation of the members of the Board must be fixed by
the Board, but may not exceed $80 for each day spent by each member in
the discharge of his official duties.
2. While engaged in the discharge of his official duties, each
member and 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.
3. All compensation, per diem allowances and travel expenses of
the members and employees of the Board must be paid out of the money of
the Board.
[Part 5:256:1947; A 1955, 608]—(NRS A 1963, 151, 611; 1971, 224;
1975, 303; 1979, 719; 1981, 1992; 1985, 444; 1989, 1698; 1999, 1325
)
The Board shall operate on the basis of
a fiscal year commencing on July 1 and terminating on June 30.
(Added to NRS by 1963, 150)
1. Except as otherwise provided in subsection 3, all money
received by the Board under the provisions of this chapter must be paid
to the Executive Director of the Board, who shall deposit the money in
banks, credit unions or savings and loan associations in the State of
Nevada. The money may be drawn on by the Board for payment of all
expenses incurred in the administration of the provisions of this chapter.
2. The Board may delegate to a hearing officer or panel its
authority to take any disciplinary action pursuant to this chapter,
impose and collect fines and 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 fines 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.
[14:256:1947; 1943 NCL § 4756.14]—(NRS A 1963, 151, 611; 1969, 66;
1983, 257; 1993, 885; 1999, 1532 )
1. The Board shall make and keep a complete record of all its
proceedings, including, without limitation:
(a) A file of all applications for licenses and certificates under
this chapter, together with the action of the Board upon each application;
(b) A register of all nurses licensed and all nursing assistants
certified in this State; and
(c) Documentation of any disciplinary action taken by the Board
against a licensee or holder of a certificate.
2. The Board shall maintain in its main office a public docket or
other record in which it shall record, from time to time as made, the
rulings or decisions upon all complaints filed with it, and all
investigations instituted by it in the first instance, upon or in
connection with which any hearing has been had, or in which the licensee
or holder of a certificate charged has made no defense.
3. At least semiannually, the Board shall publish a list of the
names of all applicants whose applications were denied within the
immediately preceding year and all licensees and holders of certificates
who were the subject of disciplinary action within the immediately
preceding year, together with such other information relative to the
enforcement of the provisions of this chapter as it may deem of interest
to the public.
[Part 5:256:1947; A 1955, 608] + [Part 7:154:1949; A 1955, 547] +
[Part 16:256:1947; A 1955, 608]—(NRS A 1963, 612; 1973, 524; 1979, 958;
1989, 2014; 1999, 1325 )
1. The Board shall:
(a) Adopt regulations establishing reasonable standards:
(1) For the denial, renewal, suspension and revocation of,
and the placement of conditions, limitations and restrictions upon, a
license to practice professional or practical nursing or a certificate to
practice as a nursing assistant.
(2) Of professional conduct for the practice of nursing.
(3) For prescribing and dispensing controlled substances and
dangerous drugs in accordance with applicable statutes.
(b) Prepare and administer examinations for the issuance of a
license or certificate under this chapter.
(c) Investigate and determine the eligibility of an applicant for a
license or certificate under this chapter.
(d) Carry out and enforce the provisions of this chapter and the
regulations adopted pursuant thereto.
2. The Board may adopt regulations establishing reasonable:
(a) Qualifications for the issuance of a license or certificate
under this chapter.
(b) Standards for the continuing professional competence of
licensees or holders of a certificate. The Board may evaluate licensees
or holders of a certificate periodically for compliance with those
standards.
3. The Board may adopt regulations establishing a schedule of
reasonable fees and charges, in addition to those set forth in NRS
632.345 , for:
(a) Investigating licensees or holders of a certificate and
applicants for a license or certificate under this chapter;
(b) Evaluating the professional competence of licensees or holders
of a certificate;
(c) Conducting hearings pursuant to this chapter;
(d) Duplicating and verifying records of the Board; and
(e) Surveying, evaluating and approving schools of practical
nursing, and schools and courses of professional nursing,
Ê and collect the fees established pursuant to this subsection.
4. For the purposes of this chapter, the Board shall, by
regulation, define the term “in the process of obtaining accreditation.”
5. The Board may adopt such other regulations, not inconsistent
with state or federal law, as may be necessary to carry out the
provisions of this chapter relating to nursing assistant trainees and
nursing assistants.
6. The Board may adopt such other regulations, not inconsistent
with state or federal law, as are necessary to enable it to administer
the provisions of this chapter.
[Part 5:256:1947; A 1955, 608]—(NRS A 1985, 311; 1989, 2008, 2050;
1993, 1218; 1999, 1326 ; 2003, 336 )
The Board may:
1. Accept gifts or grants of money to pay for the costs of
administering the provisions of this chapter.
2. Enter into contracts with other public agencies and accept
payment from those agencies to pay the expenses incurred by the Board in
carrying out the provisions of this chapter relating to nursing assistant
trainees and nursing assistants.
(Added to NRS by 1989, 2008)
1. Each hospital or agency in the State employing professional or
practical nurses or nursing assistants shall submit a list of such
nursing personnel to the Board at least three times annually as directed
by the Board. Each list submitted to the Board pursuant to this
subsection is confidential.
2. A medical facility shall, before hiring a nursing assistant or
nursing assistant trainee, obtain validation from the Board that the
prospective employee has a current certificate, is enrolled in a training
program required for certification or is awaiting the results of a
certification examination.
(Added to NRS by 1963, 610; A 1989, 2013, 2014; 2001, 623 )
PROFESSIONAL NURSING
1. Every applicant for a license to practice as a professional
nurse in the State of Nevada must submit to the Board written evidence
under oath that he:
(a) Is of good moral character.
(b) Is in good physical and mental health.
(c) Has completed a course of study in:
(1) An accredited school of professional nursing and holds a
diploma therefrom; or
(2) An approved school of professional nursing in the
process of obtaining accreditation and holds a diploma therefrom.
(d) Meets such other reasonable preliminary qualification
requirements as the Board may from time to time prescribe.
2. Each applicant must remit the fee required by this chapter with
his application for a license to practice as a professional nurse in this
State.
[6:256:1947; A 1949, 536; 1943 NCL § 4756.06] + [Part 8:256:1947; A
1955, 608]—(NRS A 1963, 612; 1973, 525; 2003, 337 )
1. Each applicant who is otherwise qualified for a license to
practice nursing as a professional nurse shall be required to write and
pass an examination on such subjects and in such form as the Board may
from time to time determine. Such written examination may be supplemented
by an oral or practical examination in the discretion of the Board.
2. The Board shall issue a license to practice nursing as a
professional nurse in the State of Nevada to each applicant who
successfully passes such examination or examinations.
[Part 7:256:1947; 1943 NCL § 4756.07]
The Board
shall, without examination, issue a license to practice nursing as a
professional nurse to any applicant who otherwise meets the
qualifications required of professional nurses in this State and who has
been duly licensed or registered as a registered nurse under the laws of
any other jurisdiction after passing an examination required by that
jurisdiction, if it appears to the Board that the requirements and scope
of the required examination were at least equivalent to those prescribed
by this chapter for examinations. If the applicant was trained as a nurse
in a jurisdiction where English is not the prevalent language, the Board
shall require that the applicant pass an examination testing his
proficiency in reading, writing and speaking English.
[Part 7:256:1947; 1943 NCL § 4756.07] + [Part 8:256:1947; A 1955,
608]—(NRS A 1963, 613; 1973, 525; 1979, 434)
Each person holding a valid and subsisting license or certificate of
registration to practice nursing as a registered nurse in this State on
July 1, 1947, shall thereafter be deemed to be licensed as a professional
nurse under the provisions of this chapter.
[10:256:1947; 1943 NCL § 4756.10]
A registered nurse may perform such acts, under emergency or other
special conditions prescribed by regulations adopted by the Board, which
include special training, as are recognized by the medical and nursing
professions as proper to be performed by a registered nurse under those
conditions, even though the acts might otherwise be considered diagnosis
and prescription, but nothing in this chapter authorizes registered
nurses to perform those functions and duties specifically delegated by
law to persons licensed as dentists, podiatric physicians, optometrists
or chiropractors.
(Added to NRS by 1987, 1525; A 1993, 2218)
1. The Board may grant a certificate of recognition as an advanced
practitioner of nursing to a registered nurse who has completed an
educational program designed to prepare a registered nurse to:
(a) Perform designated acts of medical diagnosis;
(b) Prescribe therapeutic or corrective measures; and
(c) Prescribe controlled substances, poisons, dangerous drugs and
devices,
Ê and who meets the other requirements established by the Board for such
certification.
2. An advanced practitioner of nursing may:
(a) Engage in selected medical diagnosis and treatment; and
(b) If authorized pursuant to NRS 639.2351 , prescribe controlled substances, poisons,
dangerous drugs and devices,
Ê pursuant to a protocol approved by a collaborating physician. A
protocol must not include and an advanced practitioner of nursing shall
not engage in any diagnosis, treatment or other conduct which the
advanced practitioner of nursing is not qualified to perform.
3. The Board shall adopt regulations:
(a) Specifying the training, education and experience necessary for
certification as an advanced practitioner of nursing.
(b) Delineating the authorized scope of practice of an advanced
practitioner of nursing.
(c) Establishing the procedure for application for certification as
an advanced practitioner of nursing.
(Added to NRS by 1987, 1525; A 1991, 790; 2001, 407 )
The provision of
nursing services in any system for the delivery of health care must be
under the direction and supervision of a chief administrative nurse who
is a registered nurse.
[17:256:1947; 1943 NCL § 4756.17]—(NRS A 1973, 526; 1989, 2051;
1999, 1327 ; 2001, 542 )
PRACTICAL NURSING
Each
applicant for a license to practice as a practical nurse must submit to
the Board written evidence, under oath, that he:
1. Is of good moral character.
2. Has a high school diploma or its equivalent as determined by
the State Board of Education.
3. Is at least 18 years of age.
4. Has:
(a) Successfully completed the prescribed course of study in an
accredited school of practical nursing or an accredited school of
professional nursing, and been awarded a diploma by the school;
(b) Successfully completed the prescribed course of study in an
approved school of practical nursing in the process of obtaining
accreditation or an approved school of professional nursing in the
process of obtaining accreditation, and been awarded a diploma by the
school; or
(c) Been registered or licensed as a registered nurse under the
laws of another jurisdiction.
5. Meets any other qualifications prescribed in regulations of the
Board.
[4:154:1949; A 1955, 547] + [Part 5:154:1949; A 1955, 547]—(NRS A
1959, 241; 1961, 182; 1963, 615; 1973, 527; 1979, 435; 1981, 525; 1989,
2051; 2003, 337 )
The Board shall grant a license to practice as a practical nurse in this
State to each applicant who has the preliminary qualifications set forth
in NRS 632.270 and who:
1. Passes the practical nurses examination, which examination must
be given by the Board not less than once each calendar year; or
2. Holds a license as a practical nurse under the laws of another
jurisdiction after passing an examination required by that jurisdiction,
if it appears to the Board that the requirements and scope of the
required examination were at least equivalent to those prescribed by this
chapter for examinations. If the applicant was trained as a nurse in a
jurisdiction where English is not the prevalent language, the Board shall
require that the applicant pass an examination testing his proficiency in
reading, writing and speaking English.
[Part 5:154:1949; A 1955, 547]—(NRS A 1979, 435)
NURSING ASSISTANTS
1. Any person, except a nursing assistant trainee, who practices
or offers to practice as a nursing assistant in this State shall submit
evidence that he is qualified so to practice and must be certified as
provided in this chapter.
2. It is unlawful for any person:
(a) To practice or to offer to practice as a nursing assistant in
this State or to use any title, abbreviation, sign, card or device to
indicate that he is practicing as a nursing assistant in this State
unless he has been certified pursuant to the provisions of this chapter.
(b) Except as otherwise provided in NRS 629.091 , who does not hold a certificate authorizing
him to practice as a nursing assistant issued pursuant to the provisions
of this chapter to perform or offer to perform basic nursing services in
this State, unless the person is a nursing assistant trainee.
(c) To be employed as a nursing assistant trainee for more than 4
months.
3. The Executive Director of the Board may, on behalf of the
Board, issue an order to cease and desist to any person who practices or
offers to practice as a nursing assistant without a certificate issued
pursuant to the provisions of this chapter.
4. The Executive Director of the Board shall forward to the
appropriate law enforcement agency any information submitted to the Board
concerning a person who practices or offers to practice as a nursing
assistant without a certificate issued pursuant to the provisions of this
chapter.
(Added to NRS by 1989, 2008; A 1991, 318; 1995, 751; 1997, 922;
1999, 1327 )
1. An applicant for a certificate to practice as a nursing
assistant must submit to the Board written evidence under oath that he:
(a) Is of good moral character;
(b) Is in good physical and mental health;
(c) Is at least 16 years of age; and
(d) Meets such other reasonable requirements as the Board
prescribes.
2. An applicant may be certified by examination if he:
(a) Submits a completed written application and the fee required by
this chapter;
(b) Completes a training program approved by the Board and supplies
a certificate of completion from the program;
(c) Passes the certification examination approved by the Board; and
(d) Has not committed any acts which would be grounds for
disciplinary action if committed by a nursing assistant, unless the Board
determines that sufficient restitution has been made or the act was not
substantially related to nursing.
3. An applicant who is licensed or certified as a nursing
assistant in another state may be certified by endorsement if he:
(a) Submits a completed written application and the fee required by
this chapter;
(b) Submits proof of successful completion of a training program
approved by the appropriate agency of another state;
(c) Has passed a certification examination approved by the Board to
be equivalent to the examination required in this State; and
(d) Has not committed any acts which would be grounds for
disciplinary action if committed by a nursing assistant, unless the Board
determines that sufficient restitution has been made or the act was not
substantially related to nursing.
4. The Board shall issue a certificate to practice as a nursing
assistant to each applicant who meets the requirements of this section.
(Added to NRS by 1989, 2009; A 1991, 318)
1. The training program required for certification as a nursing
assistant must consist of 75 hours of instruction. The program must
include no less than 60 hours of theory and learning skills in a
laboratory setting.
2. Except as otherwise provided in this subsection, the instructor
of the program must be a registered nurse with:
(a) Three years of nursing experience which includes direct care of
patients and supervision and education of members of the staff; and
(b) Proof of successful completion of training for instructors
which has been approved by the Board.
Ê The Board may approve a licensed practical nurse as an instructor if
the Board determines that requiring instruction by a registered nurse
would create a hardship.
3. Upon completion of the program, a nursing assistant trainee
must pass a test in theory with an overall score of 80 percent and a test
of skills on a pass or fail basis. The test of skills must be given by a
registered nurse. If the nursing assistant trainee fails either of the
tests, he must repeat the training in the areas in which he was deficient
before taking the certification examination.
4. In a program which is based in a facility, a nursing assistant
trainee may only perform those tasks he has successfully completed in the
training program, and must perform those tasks under the direct
supervision of a registered nurse or a licensed practical nurse.
5. The Board shall adopt regulations not inconsistent with law:
(a) Specifying the scope of the training program and the required
components of the program;
(b) Establishing standards for the approval of programs and
instructors; and
(c) Designating the basic nursing services which a nursing
assistant may provide upon certification.
6. Any medical facility, educational institution or other
organization may provide a training program if the program meets the
requirements set forth in this chapter and in the regulations of the
Board, and is approved by the Board. Such a program must be administered
through:
(a) The Nevada System of Higher Education;
(b) A program for career and technical education approved by the
State Board for Career and Technical Education;
(c) A public school in this State; or
(d) Any other nationally recognized body or agency authorized by
law to accredit or approve such programs.
7. An educational institution or agency that administers a
training program shall:
(a) Develop or approve the curriculum for training provided in its
service district;
(b) Manage the training program; and
(c) Work with medical and other facilities to carry out the
requirements of paragraphs (a) and (b).
(Added to NRS by 1989, 2009; A 1991, 319, 885, 886; 1993, 418;
2005, 1053 )
1. The Board shall authorize the administration of the examination
of applicants for certification as nursing assistants.
2. The Board may employ, contract with or cooperate with any
person in the preparation, administration and grading of a uniform
national examination, but shall retain sole discretion and responsibility
for determining the standards of successful completion of the examination.
3. The Board shall determine whether an examination may be
repeated and the frequency of authorized reexaminations.
4. If an applicant fails the examination three times, he must
repeat the training program prescribed in NRS 632.2856 .
(Added to NRS by 1989, 2010; A 1991, 320)
1. The Board shall supply the Health Division of the Department of
Health and Human Services upon request with a list of each training
program approved by the Board.
2. The Board shall share with each state agency which regulates
medical facilities and facilities for the dependent any information the
Board receives concerning disciplinary action taken against nursing
assistants who work in the facilities.
(Added to NRS by 1989, 2013)
LICENSING AND CERTIFICATION GENERALLY; FEES
1. Upon application and payment of the required fee, the Board may
without examination grant a:
(a) Temporary license to practice professional nursing or practical
nursing; or
(b) Temporary certificate to practice as a nursing assistant,
Ê to a person whose corresponding license or certificate from another
jurisdiction is in good standing.
2. Only one temporary license or certificate may be issued
pursuant to this section to any one person during any 12-month period.
[6.5:154:1949; added 1955, 547]—(NRS A 1963, 616; 1973, 527; 1979,
435; 1989, 2051; 1991, 320)
1. The Board may, after verifying that an applicant meets the
requirements of:
(a) NRS 632.140 , issue an interim
permit authorizing the applicant to practice professional nursing until
the results of the examination required by NRS 632.150 are received.
(b) NRS 632.270 , issue an interim
permit authorizing the applicant to practice as a practical nurse until
the results of the examination required by NRS 632.280 are received.
2. If the applicant does not pass the examination, the interim
permit expires upon notification by the Board. The interim permit is not
renewable.
3. The Board may adopt regulations for the reexamination of an
applicant who does not pass the examination.
(Added to NRS by 1975, 1124; A 1989, 2052)
1. The Board may place any condition, limitation or restriction on
any license or certificate issued pursuant to this chapter if the Board
determines that such action is necessary to protect the public health,
safety or welfare.
2. The Board shall not report any condition, limitation or
restriction placed on a license or certificate issued pursuant to this
section to the National Council of State Boards of Nursing Disciplinary
Data Bank or any other repository which records disciplinary action taken
against licensees or holders of certificates, unless the licensee or
holder of the certificate fails to comply with the condition, limitation
or restriction placed on the license or certificate. The Board may, upon
request, report any such information to an agency of another state which
regulates the practice of nursing.
3. The Board may modify any condition, limitation or restriction
placed on a license or certificate issued pursuant to this section if the
Board determines it is necessary to protect the public health, safety or
welfare.
4. Any condition, limitation or restriction placed on a license or
certificate issued pursuant to this section shall not be deemed to be
disciplinary action taken pursuant to NRS 632.325 .
(Added to NRS by 1995, 1649)
1. The Board may, upon its own motion, and shall, upon the
verified complaint in writing of any person, if the complaint alone or
together with evidence, documentary or otherwise, presented in connection
therewith, is sufficient to require an investigation, investigate the
actions of any licensee or holder of a certificate or any person who
assumes to act as a licensee or holder of a certificate within the State
of Nevada.
2. The Executive Director may, upon receipt of information from a
governmental agency, conduct an investigation to determine whether the
information is sufficient to require an investigation for referral to the
Board for its consideration.
3. If a written verified complaint filed with the Board does not
include the complete name of the licensee or nursing assistant against
whom the complaint is filed, and the Board is unable to identify the
licensee or nursing assistant, the Board shall request that the employer
of the licensee or nursing assistant provide to the Board the complete
name of the licensee or nursing assistant. The employer shall provide the
name to the Board within 3 business days after the request is made.
4. The employer of a licensee or nursing assistant shall provide
to the Board, upon its request, the record of the work assignments of any
licensee or nursing assistant whose actions are under investigation by
the Board.
[Part 7:154:1949; A 1955, 547]—(NRS A 1989, 2052; 1993, 1219; 1995,
1652; 2001, 623 )
1. For the purposes of safeguarding life and health and
maintaining high professional standards among nurses in this State, any
person who practices or offers to practice nursing in this State shall
submit evidence that he is qualified to practice and must be licensed as
provided in this chapter.
2. Any person who:
(a) Practices or offers to practice nursing in this State or uses
any title, abbreviation, sign, card or device to indicate that he is
practicing nursing in this State unless that person has been licensed
pursuant to the provisions of this chapter; or
(b) Does not hold a valid and subsisting license to practice
nursing issued pursuant to the provisions of this chapter who practices
or offers to practice in this State as a registered nurse, licensed
practical nurse, graduate nurse, trained nurse, certified nurse or under
any other title or designation suggesting that he possesses
qualifications and skill in the field of nursing,
Ê is guilty of a misdemeanor.
3. The Executive Director of the Board may, on behalf of the
Board, issue an order to cease and desist to any person who practices or
offers to practice nursing without a license issued pursuant to the
provisions of this chapter.
4. The Executive Director of the Board shall forward to the
appropriate law enforcement agency any information submitted to the Board
concerning a person who practices or offers to practice nursing without a
license issued pursuant to the provisions of this chapter.
[Part 1:256:1947; A 1949, 536; 1943 NCL § 4756.01] + [9:256:1947; A
1949, 536; 1943 NCL § 4756.09]—(NRS A 1973, 524; 1995, 1650; 1997, 923;
1999, 1327 )
The Board may deny,
revoke or suspend any license or certificate applied for or issued
pursuant to this chapter, or take other disciplinary action against a
licensee or holder of a certificate, upon determining that he:
1. Is guilty of fraud or deceit in procuring or attempting to
procure a license or certificate pursuant to this chapter.
2. Is guilty of any offense:
(a) Involving moral turpitude; or
(b) Related to the qualifications, functions or duties of a
licensee or holder of a certificate,
Ê in which case the record of conviction is conclusive evidence thereof.
3. Has been convicted of violating any of the provisions of NRS
616D.200 , 616D.220 , 616D.240 or 616D.300 to 616D.440 , inclusive.
4. Is unfit or incompetent by reason of gross negligence or
recklessness in carrying out usual nursing functions.
5. Uses any controlled substance, dangerous drug as defined in
chapter 454 of NRS, or intoxicating liquor to
an extent or in a manner which is dangerous or injurious to any other
person or which impairs his ability to conduct the practice authorized by
his license or certificate.
6. Is mentally incompetent.
7. Is guilty of unprofessional conduct, which includes, but is not
limited to, the following:
(a) Conviction of practicing medicine without a license in
violation of chapter 630 of NRS, in which
case the record of conviction is conclusive evidence thereof.
(b) Impersonating any applicant or acting as proxy for an applicant
in any examination required pursuant to this chapter for the issuance of
a license or certificate.
(c) Impersonating another licensed practitioner or holder of a
certificate.
(d) Permitting or allowing another person to use his license or
certificate to practice as a licensed practical nurse, registered nurse
or nursing assistant.
(e) Repeated malpractice, which may be evidenced by claims of
malpractice settled against him.
(f) Physical, verbal or psychological abuse of a patient.
(g) Conviction for the use or unlawful possession of a controlled
substance or dangerous drug as defined in chapter 454 of NRS.
8. Has willfully or repeatedly violated the provisions of this
chapter. The voluntary surrender of a license or certificate issued
pursuant to this chapter is prima facie evidence that the licensee or
certificate holder has committed or expects to commit a violation of this
chapter.
9. Is guilty of aiding or abetting any person in a violation of
this chapter.
10. Has falsified an entry on a patient’s medical chart concerning
a controlled substance.
11. Has falsified information which was given to a physician,
pharmacist, podiatric physician or dentist to obtain a controlled
substance.
12. Has been disciplined in another state in connection with a
license to practice nursing or a certificate to practice as a nursing
assistant or has committed an act in another state which would constitute
a violation of this chapter.
13. Has engaged in conduct likely to deceive, defraud or endanger
a patient or the general public.
14. Has willfully failed to comply with a regulation, subpoena or
order of the Board.
Ê For the purposes of this section, a plea or verdict of guilty or a plea
of nolo contendere constitutes a conviction of an offense. The Board may
take disciplinary action pending the appeal of a conviction.
[Part 7:154:1949; A 1955, 547]—(NRS A 1963, 616; 1971, 2034; 1973,
527; 1981, 592; 1983, 831; 1987, 1557; 1989, 2052; 1993, 785; 1995, 1652;
1997, 536; 1999, 405 ; 2003, 1498 , 2708 )
[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 or certificate issued pursuant to this chapter, the Board shall
deem the license or certificate 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 or certificate by the district attorney or other public agency
pursuant to NRS 425.550 stating that
the holder of the license or certificate has complied with the subpoena
or warrant or has satisfied the arrearage pursuant to NRS 425.560 .
2. The Board shall reinstate a license or certificate issued
pursuant to this chapter 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 or certificate was
suspended stating that the person whose license or certificate 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 or certificate was suspended pays the
fee established by the Board pursuant to NRS 632.341 .
(Added to NRS by 1997, 2125; A 2005, 2807 )
1. If the Board determines that a licensee or holder of a
certificate has committed any of the acts set forth in NRS 632.320 , it may take any one or more of the following
disciplinary actions:
(a) Place conditions, limitations or restrictions on his license or
certificate.
(b) Impose and collect an administrative fine of not more than
$5,000.
(c) Publicly reprimand the licensee or holder of a certificate.
(d) Accept the voluntary surrender of a license or certificate in
lieu of imposing any other disciplinary action set forth in this
subsection.
2. If the Board determines that:
(a) A person whose license or certificate is suspended or
voluntarily surrendered, or has been placed on an inactive list pursuant
to NRS 632.341 , has committed, during
the period his license or certificate was valid, inactive or would have
been valid if not for the suspension or surrender; or
(b) An applicant for the renewal or reinstatement of a license or
certificate has committed, at any time after the most recent renewal of
his license or certificate or the issuance of his original license or
certificate if it has not been renewed,
Ê any of the acts set forth in NRS 632.320 , the Board may take any one or more of the
disciplinary actions set forth in subsection 1.
3. The Board shall not privately reprimand a licensee or holder of
a certificate.
4. An order that imposes discipline and the findings of fact and
conclusions of law supporting that order are public records.
(Added to NRS by 1989, 2050; A 1993, 886; 1995, 1653; 2003, 3439
)
The Board may adopt regulations which
prescribe the period during which a licensee or holder of a certificate
may not apply for the reissuance of his license or certificate after that
license or certificate is revoked.
[Part 7:154:1949; A 1955, 547]—(NRS A 1963, 616; 1989, 2053; 1995,
1654)
The provisions of NRS 632.315 do not
prohibit:
1. Gratuitous nursing by friends or by members of the family of a
patient.
2. The incidental care of the sick by domestic servants or persons
primarily employed as housekeepers as long as they do not practice
nursing within the meaning of this chapter.
3. Nursing assistance in the case of an emergency.
4. The practice of nursing by students enrolled in accredited
schools of nursing or by graduates of those schools or courses pending
the results of the first licensing examination scheduled by the Board
following graduation. A student or graduate may not work as a nursing
assistant unless he is certified to practice as a nursing assistant
pursuant to the provisions of this chapter.
5. The practice of nursing in this State by any legally qualified
nurse or nursing assistant of another state whose engagement requires him
to accompany and care for a patient temporarily residing in this State
during the period of one such engagement, not to exceed 6 months, if the
person does not represent or hold himself out as a nurse licensed to
practice in this State or as a nursing assistant who holds a certificate
to practice in this State.
6. The practice of any legally qualified nurse of another state
who is employed by the United States Government, or any bureau, division
or agency thereof, while in the discharge of his official duties in this
State.
7. Nonmedical nursing for the care of the sick, with or without
compensation, if done by the adherents of, or in connection with, the
practice of the religious tenets of any well-recognized church or
religious denomination, if that nursing does not amount to the practice
of practical or professional nursing as defined in NRS 632.017 and 632.018 ,
respectively.
8. A personal assistant from performing services for a person with
a disability pursuant to NRS 629.091 .
9. A natural person from providing supported living arrangement
services if:
(a) That person has been issued a certificate pursuant to NRS
435.3305 to 435.339 , inclusive, and the regulations adopted
pursuant to NRS 435.3305 to 435.339
, inclusive; or
(b) That person is employed or retained as an independent
contractor by a partnership, firm, corporation or association, state or
local government or agency thereof that has been issued a certificate
pursuant to NRS 435.3305 to 435.339
, inclusive, and the regulations adopted
pursuant to NRS 435.3305 to 435.339
, inclusive.
Ê As used in this subsection, “supported living arrangement services” has
the meaning ascribed to it in NRS 435.3315 .
[8:154:1949; A 1955, 547]—(NRS A 1963, 617; 1973, 528; 1975, 1125;
1989, 2053; 1991, 320; 1995, 751, 1654; 2005, 70 , 1380 )
1. Every nurse licensed under the provisions of this chapter must
renew his license biennially on a date or according to a schedule of
dates prescribed by regulation of the Board. If the date or schedule is
changed, the Board may prorate the required fee.
2. A licensee who fails to renew his license may have his license
reinstated by completing an application for renewal, submitting payment
of the reinstatement fee in addition to the renewal fee and submitting
all information required to complete the reinstatement.
3. Upon written request to the Board, a licensee in good standing
may cause his name and license to be transferred to an inactive list, and
the licensee may not practice nursing during the time the license is
inactive and no renewal fee accrues. If an inactive licensee desires to
resume the practice of nursing, the Board, except as otherwise provided
in subsection 4, shall renew the license upon demonstration, if deemed
necessary by the Board, that the licensee is then qualified and competent
to practice, and upon completion of an application and payment of the
current fee for biennial renewal of the license.
4. The Board may:
(a) Issue a temporary license to an applicant for the renewal or
reinstatement of his license pending final action by the Board upon the
application.
(b) After a hearing, refuse to renew or reinstate the license of
any person who, at any time since the most recent renewal of his license
or the issuance of his original license if it has not been renewed, has
been out of compliance with the requirements of this chapter.
(Added to NRS by 1973, 521; A 1979, 719; 1983, 257, 296; 1989,
2054; 1997, 2125; 2005, 2722 , 2807 )
1. The certificate of a nursing assistant must be renewed
biennially on the date of the certificate holder’s birthday.
2. The Board shall renew a certificate if the applicant:
(a) Submits a completed written application and the fee required by
this chapter;
(b) Submits documentation of completion of continuing training, as
required by the Board, in the previous 24 months;
(c) Has not committed any acts which are grounds for disciplinary
action, unless the Board determines that sufficient restitution has been
made or the act was not substantially related to nursing;
(d) Submits documentation of employment as a nursing assistant
during the 2 years immediately preceding the date of the renewal; and
(e) Submits all information required to complete the renewal.
Ê The training program completed pursuant to paragraph (b) must be
approved by the Board.
3. Failure to renew the certificate results in forfeiture of the
right to practice unless the nursing assistant qualifies for the issuance
of a new certificate.
4. Renewal of a certificate becomes effective on the date on which:
(a) The application is filed;
(b) The renewal fee is paid; or
(c) All information required to complete the renewal is submitted,
Ê whichever occurs latest.
(Added to NRS by 1989, 2011; A 1997, 923, 2126; 2005, 2723 , 2807 )
A
suspended license or certificate is subject to expiration and must be
renewed as provided in NRS 632.341 or
632.342 . Renewal does not entitle the
licensee or nursing assistant to engage in activity which requires
licensure or certification until the completion of the suspension.
(Added to NRS by 1989, 2011; A 1995, 1655; 1997, 536; 1999, 405
)
1. The Board shall not renew any license issued under this chapter
until the licensee has submitted proof satisfactory to the Board of
completion, during the 2-year period before renewal of the license, of 30
hours in a program of continuing education approved by the Board. The
licensee is exempt from this provision for the first biennial period
after graduation from:
(a) An accredited school of professional nursing;
(b) An accredited school of practical nursing;
(c) An approved school of professional nursing in the process of
obtaining accreditation; or
(d) An approved school of practical nursing in the process of
obtaining accreditation.
2. The Board shall review all courses offered to nurses for the
completion of the requirement set forth in subsection 1. The Board may
approve nursing and other courses which are directly related to the
practice of nursing as well as others which bear a reasonable
relationship to current developments in the field of nursing or any
special area of practice in which a licensee engages. These may include
academic studies, workshops, extension studies, home study and other
courses.
3. The program of continuing education required by subsection 1
must include a course of instruction, to be completed within 2 years
after initial licensure, relating to the medical consequences of an act
of terrorism that involves the use of a weapon of mass destruction. The
course must provide at least 4 hours of instruction that includes
instruction in the following subjects:
(a) An overview of acts of terrorism and weapons of mass
destruction;
(b) Personal protective equipment required for acts of terrorism;
(c) Common symptoms and methods of treatment associated with
exposure to, or injuries caused by, chemical, biological, radioactive and
nuclear agents;
(d) Syndromic surveillance and reporting procedures for acts of
terrorism that involve biological agents; and
(e) An overview of the information available on, and the use of,
the Health Alert Network.
Ê The Board may thereafter determine whether to include in a program of
continuing education additional courses of instruction relating to the
medical consequences of an act of terrorism that involves the use of a
weapon of mass destruction.
4. The Board shall encourage each licensee who treats or cares for
persons who are more than 60 years of age to receive, as a portion of
their continuing education, education in geriatrics and gerontology,
including such topics as:
(a) The skills and knowledge that the licensee needs to address
aging issues;
(b) Approaches to providing health care to older persons, including
both didactic and clinical approaches;
(c) The biological, behavioral, social and emotional aspects of the
aging process; and
(d) The importance of maintenance of function and independence for
older persons.
5. As used in this section:
(a) “Act of terrorism” has the meaning ascribed to it in NRS
202.4415 .
(b) “Biological agent” has the meaning ascribed to it in NRS
202.442 .
(c) “Chemical agent” has the meaning ascribed to it in NRS 202.4425
.
(d) “Radioactive agent” has the meaning ascribed to it in NRS
202.4437 .
(e) “Weapon of mass destruction” has the meaning ascribed to it in
NRS 202.4445 .
(Added to NRS by 1979, 719; A 1981, 25; 2003, 337 , 648 , 2956 )
An applicant for a license or certificate shall
submit to the Board a complete set of his fingerprints and written
permission authorizing the Board to forward those fingerprints to the
Central Repository for Nevada Records of Criminal History for submission
to the Federal Bureau of Investigation for its report.
(Added to NRS by 1995, 1649)
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 or certificate
pursuant to this chapter 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 or
certificate pursuant to this chapter 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 certificate; or
(b) A separate form prescribed by the Board.
3. A license or certificate may not be issued or renewed by the
Board pursuant to this chapter 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, 2124; A 2005, 2723 , 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 or
certificate pursuant to this chapter 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 certificate; or
(b) A separate form prescribed by the Board.
3. A license or certificate may not be issued or renewed by the
Board pursuant to this chapter 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, 2124; A 2005, 2723 , 2724 , 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. The Board shall establish and may amend a schedule of fees and
charges for the following items and within the following ranges:
Not less Not more
than than
Application for license to practice professional nursing (registered
nurse) $45 $100
Application for license to practice practical nursing..................
30 90
Application for temporary license to practice professional nursing or
practical nursing pursuant to NRS 632.300 , which fee must be credited toward the fee
required for a regular license, if the applicant applies for a
license....................................................................
............. 15 50
Application for a certificate to practice as a nursing assistant.
15 50
Application for a temporary certificate to practice as a nursing
assistant pursuant to NRS 632.300 ,
which fee must be credited toward the fee required for a regular
certificate, if the applicant applies for a
certificate................................................................
........................................ 5 40
Biennial fee for renewal of a
license...............................................
40 100
Biennial fee for renewal of a
certificate..........................................
20 50
Fee for reinstatement of a
license...................................................
10 100
Application for recognition as an advanced practitioner of
nursing 50 200
Application for recognition as a certified registered nurse
anesthetist 50 200
Biennial fee for renewal of recognition as an advanced practitioner of
nursing or certified registered nurse
anesthetist................................................................
................... 50 200
Examination fee for license to practice professional nursing.....
20 100
Examination fee for license to practice practical nursing............
10 90
Rewriting examination for license to practice professional
nursing 20 100
Rewriting examination for license to practice practical nursing
10 90
Duplicate
license....................................................................
............. 5 30
Duplicate
certificate................................................................
............ 5 30
Proctoring examination for candidate from another state...........
25 150
Fee for approving one course of continuing education.............
10 50
Fee for reviewing one course of continuing education which has been
changed since approval
5..........................................................................
.............................. 30
Annual fee for approval of all courses of continuing education
offered 100 500
Annual fee for review of training
program.................................... 60 100
Certification
examination................................................................
. 10 90
Approval of instructors of training
programs.............................. 50 100
Approval of proctors for certification examinations...................
20 50
Approval of training
programs.....................................................
150 250
Validation of licensure or
certification.............................................
5 25
2. The Board may collect the fees and charges established pursuant
to this section, and those fees or charges must not be refunded.
(Added to NRS by 1973, 521; A 1979, 189; 1981, 26; 1983, 512; 1989,
2015, 2054; 1991, 321; 1999, 1328 )
DISCIPLINARY ACTION
1. Before suspending or revoking any license or certificate or
taking other disciplinary action against a licensee or holder of a
certificate, the Board shall cause an administrative complaint to be
filed against the licensee or holder of the certificate. The Board shall
notify the licensee or holder of the certificate in writing of the
charges against him, accompanying the notice with a copy of the
administrative complaint.
2. Written notice may be served by delivery of it personally to
the licensee or holder of the certificate, or by mailing it by registered
or certified mail to his last known residential address.
3. If the licensee or holder of the certificate, after receiving a
copy of the administrative complaint pursuant to subsection 1, submits a
written request, the Board shall furnish the licensee or holder of the
certificate with copies of any communications, reports and affidavits in
possession of the Board, touching upon or relating to the matter in
question.
4. As soon as practicable after the filing of the administrative
complaint, the Board, or a majority thereof, shall hold a hearing on the
charges at such time and place as the Board prescribes. If the Board
receives a report pursuant to subsection 5 of NRS 228.420 , the hearing must be held within 30 days after
receiving the report. The hearing must be held, if the licensee or holder
of the certificate desires, within the county where he resides.
[Part 16:256:1947; A 1955, 608] + [Part 7:154:1949; A 1955,
547]—(NRS A 1963, 617; 1969, 95; 1977, 89; 1981, 100; 1989, 2016, 2055;
1991, 322; 1993, 786; 1999, 1329 )
The Board may delegate
its authority to conduct hearings pursuant to NRS 632.350 concerning the discipline of a licensee or
holder of a certificate to a hearing officer. The hearing officer has the
powers of the Board in connection with the hearings, and shall report to
the Board with findings of fact and conclusions of law within 30 days
after the final hearing on the matter. The Board may take action based
upon the report of the hearing officer, refer the matter to the hearing
officer for further hearings or conduct its own hearings on the matter.
(Added to NRS by 1989, 2013; A 1995, 1655)
1. The Board or any person designated by the Board may certify to
all official acts and issue subpoenas for attendance of witnesses and the
production of books and papers relating to any investigation or hearing
conducted by the Board.
2. In any investigation or hearing in any part of the State the
process issued by the Board extends to all parts of the State and may be
served by any person authorized to serve process of courts of record or
by certified mail to the last known address of the witness.
3. The person serving the process is entitled to receive the
compensation allowed by the Board, which must not exceed the fees
prescribed by law for similar services.
[Part 16:256:1947; A 1955, 608] + [Part 7:154:1949; A 1955,
547]—(NRS A 1981, 100; 1995, 1655)
1. The Board may, in any hearing before it, cause the depositions
of witnesses residing within or without the State to be taken in the
manner prescribed by law and the Nevada Rules of Civil Procedure for like
depositions in civil actions in the district courts of this State, and to
that end may compel the attendance of witnesses and the production of
books and papers.
2. The district court in and for the county in which any hearing
may be held by the Board shall, upon the application of the Board, issue
commissions to other states for the taking of evidence therein for use in
any proceedings before the Board.
[Part 16:256:1947; A 1955, 608] + [Part 7:154:1949; A 1955, 547]
1. The district court in and for the county in which any hearing
may be held by the Board shall have the power to 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. In case of the refusal of any witness to attend or testify or
produce any books and papers required by a subpoena, the Board may report
to the district court in and for the county in which the hearing is
pending, by petition setting forth:
(a) That due notice has been given of the time and place of
attendance of the witness or the production of books or papers;
(b) That the witness has been subpoenaed in the manner prescribed
by this chapter; and
(c) That the witness has failed and refused to attend or produce
the books or papers required by subpoena before the Board in the cause or
proceeding named in the subpoena, or has refused to answer questions
propounded to him in the course of the hearing,
Ê and ask 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
from 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 shall be served upon the witness.
4. If it shall appear to the court that the subpoena was regularly
issued by the Board, the court shall 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. Upon failure to obey
the order the witness shall be dealt with as for contempt of court.
[Part 16:256:1947; A 1955, 608] + [Part 7:154:1949; A 1955, 547]
1. The Board shall render a decision on any administrative
complaint within 60 days after the final hearing thereon. For the
purposes of this subsection, the final hearing on a matter delegated to a
hearing officer pursuant to NRS 632.355
is the final hearing conducted by the hearing officer unless the Board
conducts a hearing with regard to the administrative complaint.
2. The Board shall notify the person of its decision in writing by
certified mail, return receipt requested. The decision of the Board
becomes effective on the date the person receives the notice or on the
date the Board receives a notice from the United States Postal Service
stating that the person refused to accept delivery or could not be
located.
[Part 16:256:1947; A 1955, 608] + [Part 7:154:1949; A 1955,
547]—(NRS A 1969, 95; 1989, 2016; 1995, 1655; 1997, 536; 1999, 405 , 1330 )
1. Except as otherwise provided in this section, any records or
information obtained during the course of an investigation by the Board
and any record of the investigation are confidential.
2. The complaint or other document filed by the Board to initiate
disciplinary action and all documents and information considered by the
Board when determining whether to impose disciplinary action are public
records.
3. This section does not prevent or prohibit the Board from
communicating or cooperating with another licensing Board or any agency
that is investigating a licensee, including a law enforcement agency.
(Added to NRS by 1993, 1218; A 2003, 3440 )
NURSING SCHOOLS
1. The Board may prescribe standards and curricula for schools of
practical nursing, visit, survey and approve those schools, and remove
those schools from a list of approved schools of nursing for just cause.
2. A school of practical nursing in this State must be:
(a) An accredited school of practical nursing; or
(b) An approved school of practical nursing in the process of
obtaining accreditation.
[Part 3:154:1949; 1943 NCL § 4759.03]—(NRS A 1959, 189; 1999, 1330
; 2003, 338 )
1. The Board shall prescribe curricula and standards for schools
and courses of professional nursing. The Board shall provide for surveys
of such schools and courses at such times as it may deem necessary. It
shall approve such schools and courses as meet the requirements of this
chapter and of the Board. It shall evaluate and approve courses for
affiliation with approved schools of nursing in this State or with
schools of nursing which have applied for such approval.
2. A school of professional nursing in this State must be:
(a) An accredited school of professional nursing; or
(b) An approved school of professional nursing in the process of
obtaining accreditation.
[Part 1:256:1947; A 1949, 536; 1943 NCL § 4756.01] + [Part
3:256:1947; 1943 NCL § 4756.03] + [Part 5:256:1947; A 1955, 608]—(NRS A
1999, 1330 ; 2003, 338 )
Any institution desiring to conduct a school of
professional nursing in this State shall submit evidence to the Board
that it is prepared to give a course of instruction of not less than 2
years.
[Part 15:256:1947; 1943 NCL § 4756.15]—(NRS A 1963, 618; 1973, 528)
1. The Board shall not approve a school of professional nursing
until the Board has caused a thorough survey of the facilities of the
school to be made. No such survey shall be deemed complete for the
purposes of this section until a written report of the survey is made to
the Board and the report has received the full consideration of the whole
Board.
2. If any school of professional nursing making application for
approval indicates that any course required by the prescribed curriculum
is to be offered by an institution affiliated with the school, the Board
shall cause a survey of the facilities of the affiliated institution to
be made, and the written report concerning that institution must receive
the full consideration of the Board before the Board approves the school
of professional nursing.
[Part 15:256:1947; 1943 NCL § 4756.15]—(NRS A 1999, 1330 )
1. Except as otherwise provided in this subsection, the Board
shall periodically cause to be surveyed all approved schools of
professional nursing in this State. Written reports of those surveys must
be submitted to and considered by the full Board. In lieu of causing the
approved schools of professional nursing to be surveyed, the Board may
accept a survey and recommendation completed by a nationally recognized
association that accredits schools of professional nursing, if the
association has been approved by the Board.
2. If, after consideration of the reports, the Board determines
that a school of professional nursing is not maintaining the standards
required by this chapter and by the Board, notice thereof in writing
specifying the deficiencies must forthwith be given to the school.
3. The Board shall revoke the approval of a school of professional
nursing which fails to remedy such deficiencies within a reasonable time
after receiving written notice thereof.
[Part 15:256:1947; 1943 NCL § 4756.15]—(NRS A 1973, 529; 1999, 1331
)
MISCELLANEOUS PROVISIONS
1. The following persons shall report in writing to the Executive
Director of the Board any conduct of a licensee or holder of a
certificate which constitutes a violation of the provisions of this
chapter:
(a) Any physician, dentist, dental hygienist, chiropractor,
optometrist, podiatric physician, medical examiner, resident, intern,
professional or practical nurse, nursing assistant, physician assistant,
psychiatrist, psychologist, marriage and family therapist, alcohol or
drug abuse counselor, driver of an ambulance, advanced emergency medical
technician or other person providing medical services licensed or
certified to practice in this State.
(b) Any personnel of a medical facility or facility for the
dependent engaged in the admission, examination, care or treatment of
persons or an administrator, manager or other person in charge of a
medical facility or facility for the dependent upon notification by a
member of the staff of the facility.
(c) A coroner.
(d) Any person who maintains or is employed by an agency to provide
personal care services in the home.
(e) Any person who maintains or is employed by an agency to provide
nursing in the home.
(f) Any employee of the Department of Health and Human Services.
(g) Any employee of a law enforcement agency or a county’s office
for protective services or an adult or juvenile probation officer.
(h) Any person who maintains or is employed by a facility or
establishment that provides care for older persons.
(i) Any person who maintains, is employed by or serves as a
volunteer for an agency or service which advises persons regarding the
abuse, neglect or exploitation of an older person and refers them to
persons and agencies where their requests and needs can be met.
(j) Any social worker.
2. Every physician who, as a member of the staff of a medical
facility or facility for the dependent, has reason to believe that a
nursing assistant has engaged in conduct which constitutes grounds for
the denial, suspension or revocation of a certificate shall notify the
superintendent, manager or other person in charge of the facility. The
superintendent, manager or other person in charge shall make a report as
required in subsection 1.
3. A report may be filed by any other person.
4. Any person who in good faith reports any violation of the
provisions of this chapter to the Executive Director of the Board
pursuant to this section is immune from civil liability for reporting the
violation.
5. As used in this section, “agency to provide personal care
services in the home” has the meaning ascribed to it in NRS 449.0021
.
(Added to NRS by 1989, 2012; A 1991, 137; 1993, 2218; 1995, 1651;
2001, 773 ; 2005, 2175 )
1. A nurse licensed pursuant to the provisions of this chapter,
while working at an institution of the Department of Corrections, may
treat patients, including the administration of a dangerous drug, poison
or related device, pursuant to orders given by a physician assistant if
those orders are given pursuant to a protocol approved by the Board of
Medical Examiners and the supervising physician. The orders must be
cosigned by the supervising physician or another physician within 72
hours after treatment.
2. A copy of the protocol under which orders are given by a
physician assistant must be available at the institution for review by
the nurse.
3. This section does not authorize a physician assistant to give
orders for the administration of any controlled substance.
4. For the purposes of this section:
(a) “Physician assistant” means a physician assistant licensed by
the Board of Medical Examiners pursuant to chapter 630 of NRS who:
(1) Is employed at an institution of the Department of
Corrections;
(2) Has been awarded a bachelor’s degree from a college or
university recognized by the Board of Medical Examiners; and
(3) Has received at least 40 hours of instruction regarding
the prescription of medication as a part of either his basic educational
qualifications or a program of continuing education approved by the Board
of Medical Examiners.
(b) “Protocol” means the written directions for the assessment and
management of specified medical conditions, including the drugs and
devices the physician assistant is authorized to order, which the
physician assistant and the supervision have agreed upon as a basis for
their practice.
(c) “Supervising physician” has the meaning ascribed to it in NRS
630.025 .
(Added to NRS by 1987, 1584; A 1989, 915; 1997, 686; 2001, 774
; 2001 Special Session, 247 )
A
registered nurse who is authorized by a physician pursuant to NRS 440.415
may make a pronouncement of death.
(Added to NRS by 1993, 1158)
1. An employer shall not require a registered nurse, a licensed
practical nurse, a nursing assistant or any other person employed to
furnish direct personal health service to a patient to participate
directly in the induction or performance of an abortion if the employee
has filed a written statement with the employer indicating a moral,
ethical or religious basis for refusal to participate in the abortion.
2. If the statement provided for in subsection 1 is filed with the
employer, the employer shall not penalize or discipline the employee for
declining to participate directly in the induction or performance of an
abortion.
3. The provisions of subsections 1 and 2 do not apply to medical
emergency situations.
4. Any person violating the provisions of this section is guilty
of a misdemeanor.
(Added to NRS by 1973, 898, 1639; A 1989, 2017)
Each employer of a
licensee or nursing assistant shall prepare and maintain, for at least 5
years, a record of the work assignments of each licensee or nursing
assistant.
(Added to NRS by 2001, 623 )
The Board, or a medical facility or any other person who
employs a licensee, shall not require a licensee while on duty, to wear a
badge or other form of identification that includes the surname of the
licensee.
(Added to NRS by 2001, 623 )
Whenever
the Board believes from evidence satisfactory to it that any person has
violated or is about to violate any of the provisions of this chapter, or
any order, license, certificate, permit, decision, demand or requirement,
or any part or provision thereof, it may bring an action, in the name of
the Board, in the district court in and for the county in which the
person resides, against the person to enjoin him from continuing the
violation or engaging therein or doing any act or acts in furtherance
thereof. In the action an order or judgment may be entered awarding such
preliminary or final injunction as may be proper, but no preliminary
injunction or temporary restraining order may be granted without at least
5 days’ notice to the opposite party.
[Part 16:256:1947; A 1955, 608] + [Part 7:154:1949; A 1955,
547]—(NRS A 1989, 2017)
1. The Board shall cause the prosecution of all persons violating
the provisions of this chapter.
2. The Board, or any person designated by the Board, may prefer a
complaint for violation of NRS 632.285
or 632.315 before any court of
competent jurisdiction, and it may take the necessary legal steps through
the proper legal officers of this State to enforce the provisions thereof.
[Part 16:256:1947; A 1955, 608] + [Part 3:154:1949; 1943 NCL §
4759.03] + [Part 7:154:1949; A 1955, 547]—(NRS A 1995, 1656; 1997, 924)
1. In addition to any other penalty:
(a) The Board may issue a citation to a person who violates the
provisions of NRS 632.285 or 632.315
. A citation issued pursuant to this
paragraph must be in writing and describe with particularity the nature
of the violation. The citation also must inform the person of the
provisions of subsection 2. A separate citation must be issued for each
violation. If appropriate, the citation must contain an order of
abatement of the violation.
(b) The Board shall assess an administrative fine of:
(1) For the first violation, $500.
(2) For the second violation, $1,000.
(3) For the third or subsequent violation, $1,500.
2. To appeal the finding of a violation of NRS 632.285 or 632.315 ,
the person must request a hearing by written notice of appeal to the
Board within 30 days after the date of issuance of the citation.
(Added to NRS by 1995, 1648; A 1997, 924)
1. Unless a greater penalty is provided by a specific statute, any
person violating any of the provisions of this chapter is guilty of a
misdemeanor.
2. A court of competent jurisdiction has full power to try any
violations of this chapter, and upon conviction may, at its discretion,
revoke the license or certificate of the person so convicted, in addition
to imposing the other penalties provided in this chapter.
[Part 16:256:1947; A 1955, 608] + [19:256:1947; 1943 NCL § 4756.19]
+ [Part 7:154:1949; A 1955, 547] + [9:154:1949; 1943 NCL § 4759.09]—(NRS
A 1967, 641; 1989, 2017; 1995, 1656)
