USA Statutes : nevada
Title : Title 54 - PROFESSIONS, OCCUPATIONS AND BUSINESSES
Chapter : CHAPTER 635 - PODIATRY
As used in this chapter, unless the
context otherwise requires:
1. “Board” means the State Board of Podiatry.
2. “Podiatry” is the diagnosis, prevention and treatment of
ailments of the human foot and leg.
3. “Podiatry hygienist” means a person engaged in assisting a
podiatric physician.
[Part 1:149:1949; 1943 NCL § 1077.1]—(NRS A 1969, 905; 1971, 1024;
1977, 190; 1983, 377; 1985, 492; 1993, 2219)
1. This chapter does not apply:
(a) To commissioned surgeons of the United States Army, Navy or
Marine Hospital Service in the actual performance of their official
duties.
(b) To physicians licensed in the State of Nevada.
2. This chapter does not prohibit the manufacture, recommendation,
advertisement, demonstration or sale of arch-support shoes, foot
appliances or remedies by retail dealers.
[Part 1:149:1949; 1943 NCL § 1077.1] + [16:149:1949; 1943 NCL §
1077.16]—(NRS A 1969, 908; 1985, 497)—(Substituted in revision for NRS
635.160)
STATE BOARD OF PODIATRY
1. The State Board of Podiatry, consisting of five members
appointed by the Governor, is hereby created.
2. The Governor shall appoint:
(a) Three members who are licensed podiatric physicians in the
State of Nevada.
(b) 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.
(c) One member who is a representative of the general public. This
member must not be:
(1) A licensed podiatric physician in the State of Nevada; or
(2) The spouse or the parent or child, by blood, marriage or
adoption, of a licensed podiatric physician in the State of Nevada.
3. The members of the Board are 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.
4. 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.
5. If a member is not licensed under the provisions of this
chapter, the member shall not participate in preparing, conducting or
grading any examination required by the Board.
[Part 2:149:1949; 1943 NCL § 1077.2]—(NRS A 1963, 153; 1969, 906;
1975, 304; 1977, 1253; 1979, 1868; 1981, 1993; 1985, 492; 1987, 1853;
1989, 1699; 1993, 2219; 2003, 1194 )
1. The Board shall elect from among its members a President, a
Vice President, a Secretary and a Treasurer. The members may assign the
duties of the Treasurer and the Secretary to one person who must be
designated the Secretary-Treasurer.
2. The Board shall adopt regulations to carry out the provisions
of this chapter.
3. The Board shall not incur any expenses which exceed the money
received from time to time as fees provided by law.
4. The Board shall keep and preserve a complete record of all its
transactions.
5. The Board may adopt a seal of which any court of this State may
take judicial notice.
[3:149:1949; 1943 NCL § 1077.3] + [Part 9:149:1949; 1943 NCL §
1077.9] + [Part 10:149:1949; 1943 NCL § 1077.10]—(NRS A 1985, 493; 1987,
1857)
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, 153)
1. All fees provided for in this chapter must be paid to the
Treasurer of the Board, who shall deposit the fees in banks, credit
unions or savings and loan associations in this State. All of the
salaries and expenses for the operation of the Board must be paid from
the fees.
2. The Board shall deposit the money collected from the imposition
of civil penalties with the State Treasurer for credit to the State
General Fund, and may present a claim to the State Board of Examiners for
recommendation to the Interim Finance Committee if money is needed to pay
attorneys’ fees or the costs of an investigation, or both.
[Part 9:149:1949; 1943 NCL § 1077.9]—(NRS A 1963, 153; 1987, 1858;
1999, 1533 )
The Board shall:
1. Operate on the basis of a fiscal year commencing on July 1 and
terminating on June 30; and
2. Audit its fiscal records once every 2 years.
(Added to NRS by 1963, 153; A 1983, 378)
LICENSES
1. Any person desiring to practice podiatry in this State must
furnish the Board with satisfactory proof that he:
(a) Is of good moral character.
(b) Is a citizen of the United States or is lawfully entitled to
remain and work in the United States.
(c) Has received the degree of D.P.M., Doctor of Podiatric
Medicine, from an accredited school of podiatry.
(d) Has completed a residency approved by the Board.
(e) Has passed the examination given by the National Board of
Podiatric Medical Examiners.
(f) Has not committed any act described in subsection 2 of NRS
635.130 . For the purposes of this
paragraph, an affidavit signed by the applicant stating that he has not
committed any act described in subsection 2 of NRS 635.130 constitutes satisfactory proof.
2. An applicant is entitled to be examined by the Board or a
committee thereof pursuant to such regulations as the Board may adopt if
he:
(a) Pays the fee for an application for a license of not more than
$600;
(b) Pays the fee for the examination for a license of not more than
$200;
(c) Submits proof satisfactory to the Board as required by
subsection 1; and
(d) Submits all information required to complete an application for
a license.
Ê The Board shall, by regulation, establish the fees required to be paid
pursuant to this subsection.
3. The Board may reject an application if it appears that the
applicant’s credentials are fraudulent or the applicant has practiced
podiatry without a license or committed any act described in subsection 2
of NRS 635.130 .
4. The Board may require such further documentation or proof of
qualification as it may deem proper.
5. The provisions of this section do not apply to a person who
applies for a limited license to practice podiatry pursuant to NRS
635.075 .
[Part 4:149:1949; 1943 NCL § 1077.4]—(NRS A 1960, 325; 1969, 906;
1977, 131, 1565; 1983, 378; 1985, 493; 1987, 1853; 1993, 2220; 1995, 869;
1997, 2135; 2003, 673 ; 2005, 2733 , 2807 , 2813 )
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 practice podiatry
or to practice as a podiatry hygienist 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
practice podiatry or to practice as a podiatry hygienist 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 practice podiatry or to practice as a podiatry
hygienist 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, 2134; A 2005, 2734 , 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
practice podiatry or to practice as a podiatry hygienist 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 practice podiatry or to practice as a podiatry
hygienist 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, 2134; A 2005, 2734 , 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 hold at least one examination each year to
examine applicants under this chapter. The Board shall establish the time
and place for the examination.
2. The Board shall provide such books, blanks and forms as may be
necessary to conduct the examination.
3. The examination for licensure under this chapter must be in the
English language, written, oral or clinical, as the Board may determine.
The examination for podiatric physicians may include the following
subjects: Anesthesia and medications, bacteriology, clinical podiatry,
dermatology, diagnosis and treatment, laboratory, neurology, orthopedics,
pathology, pharmacology, including pharmacodynamics and materia medica,
sterilization and sterile technique, surgery, surgical anatomy, X ray,
and such other subjects pertaining to the treatment of the foot and leg
as the Board may determine.
4. The Board shall establish by regulation the requirements for
passing the examination.
[Part 10:149:1949; 1943 NCL § 1077.10]—(NRS A 1969, 906; 1971,
1025; 1977, 131; 1985, 494; 1987, 1854; 1993, 2220)
Without
unnecessary delay after the examination, the Board shall act on the
examination. If an applicant is found qualified, he must be issued a
license to practice podiatry, or as a podiatry hygienist, as the case may
be.
[Part 4:149:1949; 1943 NCL § 1077.4] + [Part 10:149:1949; 1943 NCL
§ 1077.10]—(NRS A 1969, 906; 1971, 1025; 1985, 494; 1987, 1854)
1. The Board shall issue a limited license to practice podiatry
pursuant to this section to each applicant who complies with the
provisions of this section.
2. An applicant for a limited license to practice podiatry must
submit to the Board:
(a) An application on a form provided by the Board;
(b) A fee in the amount of the fee for an application for a license
required pursuant to paragraph (a) of subsection 2 of NRS 635.050 ; and
(c) Satisfactory proof that he:
(1) Is of good moral character;
(2) Is a citizen of the United States or is lawfully
entitled to remain and work in the United States;
(3) For not less than 25 years:
(I) Was licensed to practice podiatry in one or more
states or the District of Columbia and practiced podiatry during the
period each such license was in effect; and
(II) Remained licensed in good standing at all times
during the period he was licensed to practice podiatry; and
(4) Has not committed any act described in subsection 2 of
NRS 635.130 . For the purposes of this
subparagraph, an affidavit signed by the applicant stating that he has
not committed any act described in subsection 2 of NRS 635.130 constitutes satisfactory proof.
3. An applicant for a limited license is not required to be
licensed to practice podiatry in another state or the District of
Columbia when he submits the application for a limited license to the
Board.
4. A person who is issued a limited license pursuant to this
section may practice podiatry only under the direct supervision of a
podiatric physician who is licensed pursuant to this chapter and who does
not hold a limited license issued pursuant to this section.
5. A limited license issued pursuant to this section:
(a) Is effective upon issuance; and
(b) May be renewed in the manner prescribed in NRS 635.110 .
6. The Board may:
(a) Place such restrictions and conditions upon a limited license
issued pursuant to this section as the Board deems appropriate; and
(b) Adopt regulations to carry out the provisions of this section.
(Added to NRS by 2003, 672 )
1. A graduate of an accredited school of podiatry may, during his
residency, be granted a temporary license to practice podiatry under the
direct supervision of a podiatric physician licensed to practice in this
State. A temporary license must not be effective for more than 1 year and
is not renewable.
2. An applicant for a temporary license must furnish the Board
with satisfactory proof that he:
(a) Is a citizen of the United States or is lawfully entitled to
remain and work in the United States.
(b) Has received the degree of D.P.M. (Doctor of Podiatric
Medicine) from an accredited school of podiatry.
(c) Has passed the examination given by the National Board of
Podiatry Examiners.
3. Upon payment of a fee, not exceeding $600, which must be
established by regulation of the Board, and the presentation of
satisfactory proof as required by subsection 2, an applicant is entitled
to be examined by the Board or a committee thereof pursuant to such
regulations as the Board may adopt.
4. The Board may by regulation govern the issuance and conditions
of the temporary license.
(Added to NRS by 1987, 1852; A 1993, 2221; 1995, 869)
1. Except as otherwise provided in subsection 2, a podiatric
physician licensed by the Board may:
(a) Administer electricity to the foot or leg by means including
electrodes, machinery and rays.
(b) Use his hands and machinery to work upon the foot or leg and
its articulations.
(c) Apply any mechanical appliance to the foot or leg or in the
shoe to treat any disease, deformity or ailment.
(d) Apply pads, adhesives, felt, plasters and any medicine to the
foot and leg.
(e) Prescribe and dispense controlled substances and dangerous
drugs.
(f) Construct models of the feet.
(g) Administer a local anesthetic.
(h) Use any cutting instrument to treat a disease, ailment or
condition.
(i) Treat the effects of a systemic disease upon the foot or leg.
(j) Amputate a toe if he:
(1) Performs the amputation in a hospital as defined in NRS
449.012 or a surgical center for
ambulatory patients as defined in NRS 449.019 ;
(2) Is authorized by the hospital or surgical center to
perform the amputation;
(3) Has completed a program of surgical training as a
resident and provides proof satisfactory to the hospital or surgical
center of his completion of the program;
(4) Complies with any other requirements established by the
hospital or surgical center; and
(5) Performs the amputation in accordance with the standard
of care required for a physician licensed pursuant to chapter 630 , 630A or 633 of NRS.
2. A podiatric physician shall not:
(a) Treat any other effect of a systemic disease unless the disease
originates in the foot or leg.
(b) Amputate a leg or foot.
(Added to NRS by 1983, 377; A 1985, 494; 1993, 2221; 2001, 1829
)
A person who is licensed to practice podiatry
pursuant to this chapter may use any title which describes the
profession, including, without limitation, “D.P.M.,” “Podiatrist,”
“Podiatric Physician,” “Podiatric Physician-Surgeon” or
“Physician-Surgeon D.P.M.”
(Added to NRS by 1993, 2219)
1. Any person desiring to be licensed as a podiatry hygienist in
this State must furnish the Board with satisfactory proof that he:
(a) Is of good moral character.
(b) Is a citizen of the United States or is lawfully entitled to
remain and work in the United States.
(c) Has satisfactorily completed a course for podiatry hygienists
approved by the Board or has had 6 months or more of training in a
podiatric physician’s office as approved by the Board.
2. Upon payment of a fee, not exceeding $100, which must be
established by regulation of the Board, presenting satisfactory proof as
required by subsection 1 and submitting all information required to
complete an application for a license, an applicant, not exempted under
subsection 3, must be examined by the Board or a committee thereof under
such regulations as the Board may adopt.
3. The Board may, without examination, admit to practice as a
podiatry hygienist a person who is employed by a podiatric physician and
is:
(a) A registered nurse; or
(b) A licensed practical nurse whom the Board or any of its members
have interviewed and observed in the use of practical skills.
(Added to NRS by 1971, 1024; A 1977, 132; 1979, 1868; 1985, 495;
1987, 1858; 1993, 2221; 1997, 2136; 2005, 2735 , 2807 )
The
holder of a valid and active license to practice as a podiatry hygienist
may be employed as a podiatry hygienist in this State only in the office
of a licensed podiatric physician.
(Added to NRS by 1971, 1024; A 1979, 1869; 1987, 1854; 1993, 2222)
1. Any podiatry hygienist in the employ and under the direction of
a podiatric physician may:
(a) Apply orthopedic padding.
(b) Administer to patients by means of physiotherapeutic equipment.
(c) Make up surgical packs.
(d) Strap and cast for orthopedic appliances.
(e) Take and develop X rays.
(f) Assist in foot surgery.
(g) Administer oral medications.
2. The Board may require that every podiatry hygienist have a
general knowledge of sterile techniques, aseptic maintenance of surgery
rooms, emergency treatments, podiatric nomenclature and podiatric
surgical procedure.
(Added to NRS by 1977, 133; A 1985, 495; 1993, 2222)
Every person practicing podiatry
or practicing as a podiatry hygienist shall, upon receiving the license
provided for by this chapter, cause the license to be conspicuously
displayed at all times in every office maintained by him or in which he
practices in this State.
[Part 6:149:1949; 1943 NCL § 1077.6]—(NRS A 1969, 907; 1971, 1025;
1987, 1854)
1. A license issued under the provisions of this chapter expires
on October 31 of each year. A license may be renewed before its
expiration upon presentation of proof of:
(a) Completion of the hours of continuing education required
pursuant to NRS 635.115 ;
(b) Current certification in the techniques of administering
cardiopulmonary resuscitation;
(c) Submission of all information required to complete the renewal;
and
(d) Payment of a renewal fee in an amount not to exceed $600 for a
podiatric physician and not to exceed $100 for a podiatry hygienist. The
Board shall, by regulation, establish the amount of each fee.
2. A license which is not renewed by October 31 of each year is
delinquent. A delinquent license may be reinstated, at the discretion of
the Board, upon payment of the appropriate annual renewal fee and an
additional annual fee for delinquency in an amount established by the
Board.
[5:149:1949; 1943 NCL § 1077.5] + [Part 6:149:1949; 1943 NCL §
1077.6] + [7:149:1949; 1943 NCL § 1077.7]—(NRS A 1960, 325; 1969, 907;
1971, 1025; 1977, 132; 1979, 1869; 1985, 496; 1987, 1855; 1993, 2222;
1997, 2136; 2005, 2735 , 2807 )
The Board shall maintain records concerning the applicants to
whom licenses have been issued or denied. Each such record must include:
1. The name and address of the applicant;
2. The name of the school which granted a diploma to the applicant
and the date on which it was granted; and
3. The date of the issuance or denial of the license.
(Added to NRS by 1987, 1857)
1. Every even-numbered year each podiatric physician must, at the
time of paying the annual renewal fee, present to the Secretary of the
Board satisfactory evidence that during the preceding 2 years he attended
at least 50 hours of instruction in courses approved by the Board for
purposes of continuing professional education and is currently certified
in the techniques of administering cardiopulmonary resuscitation. The
Board may waive all or part of the requirement of continuing education in
a particular year if the podiatric physician was prevented from that
attendance by circumstances beyond his control.
2. If a podiatric physician fails to provide proof of his
continuing education and does not obtain a waiver from the Board, his
license must not be renewed.
(Added to NRS by 1979, 1868; A 1985, 497; 1987, 1856; 1993, 2222)
DISCIPLINARY ACTION
1. The Board, after notice and a hearing as required by law, and
upon any cause enumerated in subsection 2, may take one or more of the
following disciplinary actions:
(a) Deny an application for a license or refuse to renew a license.
(b) Suspend or revoke a license.
(c) Place a licensee on probation.
(d) Impose a fine not to exceed $5,000.
2. The Board may take disciplinary action against a licensee for
any of the following causes:
(a) The making of a false statement in any affidavit required of
the applicant for application, examination or licensure pursuant to the
provisions of this chapter.
(b) Lending the use of the holder’s name to an unlicensed person.
(c) If the holder is a podiatric physician, his permitting an
unlicensed person in his employ to practice as a podiatry hygienist.
(d) Habitual indulgence in the use of alcohol or any controlled
substance which impairs the intellect and judgment to such an extent as
in the opinion of the Board incapacitates the holder in the performance
of his professional duties.
(e) Conviction of a crime involving moral turpitude.
(f) Conviction of violating any of the provisions of NRS 616D.200
, 616D.220 , 616D.240 or 616D.300 to 616D.440 , inclusive.
(g) Conduct which in the opinion of the Board disqualifies him to
practice with safety to the public.
(h) The commission of fraud by or on behalf of the licensee
regarding his license or practice.
(i) Gross incompetency.
(j) Affliction of the licensee with any mental or physical disorder
which seriously impairs his competence as a podiatric physician or
podiatry hygienist.
(k) False representation by or on behalf of the licensee regarding
his practice.
(l) Unethical or unprofessional conduct.
(m) Willful or repeated violations of this chapter or regulations
adopted by the Board.
(n) Willful violation of the regulations adopted by the State Board
of Pharmacy.
[12:149:1949; 1943 NCL § 1077.12]—(NRS A 1969, 908; 1971, 1026,
2037, 2049; 1977, 133; 1979, 960; 1981, 595; 1983, 378; 1985, 497; 1987,
802, 1563, 1856; 1993, 789, 887, 2223; 1995, 870; 2003, 3449 ; 2005, 769 )
[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 practice podiatry or to practice as a podiatry hygienist, 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 practice podiatry or to
practice as a podiatry hygienist that has been suspended by a district
court pursuant to NRS 425.540 if 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 .
(Added to NRS by 1997, 2134; A 2005, 2807 )
1. A decision by the Board in a disciplinary proceeding must be
made by a majority vote of the members of the Board.
2. 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.
[14:149:1949; 1943 NCL § 1077.14]—(NRS A 1993, 790; 2005, 770
)
1. The Board may issue subpoenas for the attendance of witnesses
and the production of books and papers.
2. The district court, in and for the county in which any hearing
is held, 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.
(Added to NRS by 1985, 492)
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. An order that imposes discipline and the findings of fact and
conclusions of law supporting that order are public records.
4. 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, 3448 ; A 2005, 770 )
ENFORCEMENT; UNLAWFUL ACTS
1. In addition to any other remedy provided by law, the Board,
through its President, Secretary or the Attorney General, may apply to
any court of competent jurisdiction:
(a) To enjoin any prohibited act or other conduct of a podiatric
physician which is harmful to the public;
(b) To enjoin any person who is not licensed under this chapter
from practicing podiatry;
(c) To limit the podiatric physician’s practice or suspend his
license to practice podiatry; or
(d) To enjoin the use of the title “D.P.M.,” “Podiatrist,”
“Podiatric Physician,” “Podiatric Physician-Surgeon” or
“Physician-Surgeon D.P.M.” when not licensed by the Board pursuant to
this chapter, unless the use is otherwise authorized by a specific
statute.
2. The court in a proper case may issue a temporary restraining
order or a preliminary injunction for the purposes set forth in
subsection 1:
(a) Without proof of actual damage sustained by any person;
(b) Without relieving any person from criminal prosecution for
engaging in the practice of podiatry without a license; and
(c) Pending proceedings for disciplinary action by the Board.
(Added to NRS by 1987, 1852; A 1993, 2224)
Any person who:
1. Presents to the Board as his own the diploma, license or
credentials of another;
2. Gives either false or forged evidence of any kind to the Board;
3. Practices podiatry under a false or assumed name or falsely
personates another licensee;
4. Except as otherwise provided by specific statute, practices
podiatry without being licensed under this chapter; or
5. Uses the title “D.P.M.,” “Podiatrist,” “Podiatric Physician,”
“Podiatric Physician-Surgeon” or “Physician-Surgeon D.P.M.” when not
licensed by the Board pursuant to this chapter, unless otherwise
authorized by a specific statute,
Ê is guilty of a gross misdemeanor.
(Added to NRS by 1987, 1853; A 1993, 2224)
1. The Board shall report any violation of this chapter to the
district attorney of the county wherein the violation occurs.
2. The district attorney shall promptly prosecute any person
violating any provision of this chapter.
[Part 15:149:1949; 1943 NCL § 1077.15]—(NRS A 1959, 183; 1969, 909;
1971, 1027; 1985, 498)
Except as
otherwise provided in NRS 635.167 ,
every person who practices podiatry or as a podiatry hygienist without
having complied with the provisions of this chapter must be fined not
more than $10,000 for each offense.
[Part 15:149:1949; 1943 NCL § 1077.15]—(NRS A 1967, 642; 1969, 909;
1971, 1027; 1977, 133; 1987, 1857; 1993, 887; 2003, 3449 )
