USA Statutes : nevada
Title : Title 54 - PROFESSIONS, OCCUPATIONS AND BUSINESSES
Chapter : CHAPTER 637A - HEARING AID SPECIALISTS
This chapter may be cited as the
Hearing Aid Specialists Act.
(Added to NRS by 1973, 990)
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 637A.021
to 637A.024 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1973, 990; A 1993, 1339; 1995, 1670)
“Board” means the Board of Hearing
Aid Specialists.
(Added to NRS by 1993, 1337)
“Chairman” means the Chairman
of the Board.
(Added to NRS by 1993, 1337)
“Hearing aid” means any
wearable instrument or device designed for or offered for the purpose of
aiding or compensating for impaired human hearing and any parts,
attachments or accessories, including earmolds, but excluding batteries
and cords.
(Added to NRS by 1993, 1337)
“Hearing aid
specialist” means any person licensed pursuant to the provisions of this
chapter who offers to rent, lease, sell or otherwise transfer title to
hearing aids. The term includes persons who make impressions of the ear,
offer counseling to others concerning hearing aids, fit hearing aids or
test the hearing of others.
(Added to NRS by 1993, 1337)
“Incompetence” means a lack
of ability safely and skillfully to practice as a hearing aid specialist
or apprentice to a hearing aid specialist arising from:
1. Lack of knowledge or training; or
2. Impaired physical or mental capability, including the habitual
abuse of alcohol or addiction to any illegally obtained controlled
substance.
(Added to NRS by 1995, 1669)
“License” means a license issued
by the Board pursuant to this chapter as evidence of a licensee’s
qualification to engage in the business of a hearing aid specialist or as
an apprentice to a hearing aid specialist.
(Added to NRS by 1993, 1338)
“Manufacturer” means any
person who assembles, manufactures or fabricates hearing aids or any
parts or supplies used in connection therewith.
(Added to NRS by 1993, 1338)
“Member” means a member of the
Board.
(Added to NRS by 1993, 1338)
“Negligence” means a
deviation from the normal standard of professional care exercised by
hearing aid specialists or apprentices to hearing aid specialists.
(Added to NRS by 1995, 1669)
“Practice of fitting and dispensing hearing aids” means the
measurement of human hearing by means of an audiometer or by any other
means and the selection, adaptation, distribution or sale of hearing
aids, and the instruction and counseling pertaining thereto. The term
includes the making of impressions for earmolds.
(Added to NRS by 1993, 1338)
“Secretary” means the Secretary
of the Board.
(Added to NRS by 1993, 1338)
1. This chapter does not apply to any physician licensed to
practice medicine in Nevada nor to the hearing aid dispensing program of
the Department of Veterans Affairs.
2. This chapter does not apply to any person who measures human
hearing for any purpose, including the selection of hearing aids, if such
person does not dispense hearing aids or accessories.
(Added to NRS by 1973, 994; A 1995, 1097)
BOARD OF HEARING AID SPECIALISTS
The
Board of Hearing Aid Specialists, consisting of five members appointed by
the Governor, is hereby created.
(Added to NRS by 1973, 990; A 1977, 1255; 1993, 1339)
1. The Governor shall appoint:
(a) One member who is a physician with a specialty in
otorhinolaryngology or otology.
(b) One member who is licensed to engage in the practice of
audiology pursuant to chapter 637B of NRS.
(c) One member who is a hearing aid specialist.
(d) Two members who are representatives of the general public and
have hearing disorders. These members must not be:
(1) A hearing aid specialist, a physician with a specialty
in otorhinolaryngology or otology or a person licensed to engage in the
practice of audiology pursuant to chapter 637B of NRS; or
(2) The spouse or the parent or child, by blood, marriage or
adoption, of a hearing aid specialist, a physician with a specialty in
otorhinolaryngology or otology or a person licensed to engage in the
practice of audiology pursuant to chapter 637B of NRS.
2. After their initial terms, the members of the Board shall serve
terms of 3 years.
3. No member of the Board may be a stockholder of a manufacturer.
4. The members of the Board serve at the pleasure of the Governor.
(Added to NRS by 1973, 990; A 1977, 1255; 1993, 1339; 2003, 1195
)
1. The Board shall:
(a) Elect a Chairman and Secretary from its members, who shall hold
office for 1 year and until the election and qualification of their
successors.
(b) Meet at such times and places as are specified by the Chairman
or a majority of the Board.
2. A majority of the Board constitutes a quorum for the
transaction of business.
(Added to NRS by 1973, 990; A 1977, 1255)
Within 30 days
after the day of their appointment, the Board shall hold a meeting to
elect officers as provided in this chapter, and to adopt reasonable rules
and regulations for their own government and for the administration of
this chapter.
(Added to NRS by 1973, 991)
1. All fees provided for in this chapter must be paid to the Board.
2. Except as otherwise provided in subsection 4, all money coming
into the possession of the Board must be kept or deposited by the
Secretary in banks, credit unions, savings and loan associations or other
financial institutions in this State to be expended for the payment of
the salaries and expenses of the members and employees of the Board and
for other necessary or proper purposes in the administration of this
chapter.
3. In a manner consistent with the provisions of chapter 622A
of NRS, the Board may delegate to a hearing
officer or panel its authority to take any disciplinary action pursuant
to this chapter, impose and collect penalties therefor and deposit the
money therefrom in banks, credit unions, savings and loan associations or
other financial institutions in this State.
4. If a hearing officer or panel is not authorized to take
disciplinary action pursuant to subsection 3 and the Board deposits the
money collected from the imposition of penalties with the State Treasurer
for credit to the State General Fund, it may present a claim to the State
Board of Examiners for recommendation to the Interim Finance Committee if
money is needed to pay attorney’s fees or the costs of an investigation,
or both.
(Added to NRS by 1973, 991; A 1975, 151; 1983, 1539; 1989, 1700;
1993, 1340; 1999, 1534 ; 2005, 773 )
1. Each member of the Board is entitled to receive a salary of not
more than $80 per day, as fixed by the Board, while engaged in the
business of the Board.
2. All necessary expenses incurred by the Board in the performance
of its duties must be evidenced on claims signed by the Chairman and
Secretary and paid out of money received by the Board from fees.
3. While engaged in the business of the Board, 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.
(Added to NRS by 1973, 991; A 1975, 151; 1983, 1539; 1985, 445;
1989, 1701)
The Board shall:
1. Administer and enforce the provisions of this chapter.
2. Adopt reasonable rules and regulations for its administration
and government and for the administration of this chapter.
3. Administer and conduct comprehensive examinations of
applicants, which must test the applicant’s fitness to engage in the
business of a hearing aid specialist. All examination papers must be kept
by the Board for at least 1 year after the date of the examination.
Examinations may be given at the discretion of the Board, but not less
than twice each year.
(Added to NRS by 1973, 991; A 1993, 1340)
In a manner consistent with the provisions
of chapter 622A of NRS, the Board may:
1. Appoint a technical, clerical and operational staff as may be
required. The number of the staff appointed must be limited by the money
available for that purpose in the hearing aid licensing fund.
2. Grant or refuse licenses for any of the causes specified in
this chapter.
3. Take disciplinary action against a licensee.
4. Take depositions and issue subpoenas for the purpose of any
hearing authorized by this chapter.
5. Establish reasonable educational requirements for applicants
and apprentices and reasonable requirements for the continuing education
of hearing aid specialists and apprentices.
(Added to NRS by 1973, 991; A 1979, 222; 1981, 101; 1993, 1340;
1995, 1670; 2005, 773 )
The Board shall adopt and use an official
seal. The presence of the seal on any document, record or order of the
Board is prima facie evidence of the authenticity thereof.
(Added to NRS by 1973, 992)
EXAMINATIONS AND LICENSES; PRACTICE
1. An application for an examination must be filed in writing with
the Board at least 60 days before the meeting of the Board immediately
preceding the examination, and be accompanied by the application fee
prescribed in NRS 637A.210 .
2. The application must include all information required to
complete the application.
(Added to NRS by 1973, 992; A 1993, 1341; 1995, 1670; 1997, 2141;
2005, 2739 , 2807 )
An applicant for an
examination as a hearing aid specialist must submit satisfactory evidence
to the Board that:
1. He is a citizen of the United States or is lawfully entitled to
remain in the United States.
2. He is over 21 years of age.
3. He has met the minimum educational requirements established by
the Board.
(Added to NRS by 1973, 992; A 1989, 598; 1993, 1341)
1. Upon receipt by the Board of an application for examination or
licensure, the Secretary shall review it for conformity with the
applicable requirements and submit the application to the Board at its
next scheduled meeting together with his recommendation for approval or
disapproval. If the Board is satisfied that the information contained in
the application is true, that the applicant meets all applicable
requirements and that he has paid the applicable fee, it shall approve
the application.
2. An application may be disapproved if the applicant has:
(a) Been convicted of fraud or misrepresentation.
(b) Been denied similar licensure in another state.
(c) Been the subject of disciplinary action by a professional
licensing board in this or any other state.
(d) Practiced as a hearing aid specialist without proper licensure.
(e) Engaged in any other conduct deemed to be unprofessional by the
Board.
3. If the Board approves the application, the Secretary shall
promptly notify the applicant in writing of the approval and, if
applicable, of the time and place of examination.
4. If the Board disapproves the application, the Secretary shall
promptly notify the applicant in writing of the disapproval, stating the
reasons therefor.
5. Any applicant for examination whose application is approved by
the Board may take the examination required in NRS 637A.100 .
(Added to NRS by 1973, 992; A 1993, 1341)
1. Subject to the provisions of NRS 637A.170 , any person who intends to commence business
as a hearing aid specialist must comply with the following requirements:
(a) Make application for examination.
(b) Take and pass the examination.
(c) Pay the prescribed fees, including the annual license fee and
the initial license fee prescribed in NRS 637A.210 .
(d) Submit all information required to complete the application.
2. The license must be issued and delivered by the Secretary to
the licensee therein named upon compliance by the licensee with the
requirements prescribed in subsection 1.
(Added to NRS by 1973, 992; A 1997, 2141; 2005, 2739 , 2807 )
[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 an examination as a hearing aid specialist or
an applicant for the issuance of a license as an apprentice to a hearing
aid specialist shall include the social security number of the applicant
in the application submitted to the Board.
(b) An applicant for an examination as a hearing aid specialist,
the renewal of a license as a hearing aid specialist or the issuance or
renewal of a license as an apprentice to a hearing aid specialist 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 examination for or the issuance or renewal of the license; or
(b) A separate form prescribed by the Board.
3. A license as a hearing aid specialist or an apprentice to a
hearing aid specialist 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, 2140; A 2005, 2739 , 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 an examination as a hearing aid specialist, the
renewal of a license as a hearing aid specialist or the issuance or
renewal of a license as an apprentice to a hearing aid specialist 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 examination for or the issuance or renewal of the license; or
(b) A separate form prescribed by the Board.
3. A license as a hearing aid specialist or an apprentice to a
hearing aid specialist 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, 2140; A 2005, 2739 , 2740 , 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)
Any person who has been engaged in the business
of a hearing aid specialist in the State of Nevada for not less than 90
days immediately preceding January 31, 1973, shall, upon application
before October 1, 1973, and payment of the required annual license fee
and initial license fee, be issued a hearing aid specialist license
without examination.
(Added to NRS by 1973, 992)
Every licensee shall display his
license conspicuously in each place where he conducts business as a
hearing aid specialist or as an apprentice to a hearing aid specialist.
(Added to NRS by 1973, 993; A 1995, 1670)
1. Licenses expire on June 30 next following the date of issuance.
2. A licensee may have his license renewed for 1 year beginning on
July 1, by:
(a) Showing that he has fulfilled any requirements established by
the Board for continuing education;
(b) Paying the annual license fee; and
(c) Submitting all information required to complete the renewal.
3. A licensee who fails to pay the annual license fee or submit
all information required to complete the renewal may have his license
renewed without examination within 5 years after the date of expiration
by:
(a) Complying with the requirements of subsection 2; and
(b) Paying the lapsed renewal fee in addition to the annual license
fee.
(Added to NRS by 1973, 993; A 1979, 223; 1997, 2142; 2005, 2740
, 2807 )
Upon written
request to the Board and payment of the applicable fee, a licensee in
good standing may have his name and license transferred to an inactive
list. Such a licensee shall not engage in the business of hearing aid
specialist or apprentice to a hearing aid specialist during the time the
license is inactive. If an inactive licensee desires to resume business
as a hearing aid specialist or as an apprentice to a hearing aid
specialist, the Board shall reactivate the license upon the:
1. Demonstration, if deemed necessary by the Board, that the
licensee is qualified and competent to practice;
2. Completion of an application for reinstatement; and
3. Payment of the fee for renewal of the license.
Ê Payment of the lapsed renewal fee and the renewal fee for any year
while the license was inactive is not required.
(Added to NRS by 1993, 1338; A 1995, 1670)
The Board shall charge fees which must not be
greater than the following:
For a license as a hearing aid specialist:
Application
fee........................................................................
............................... $250
Examination
fee........................................................................
................................. 200
Initial license
fee........................................................................
............................... 100
Annual license
fee........................................................................
........................... 200
Duplicate license
fee........................................................................
.......................... 20
Inactive status
fee........................................................................
............................ 100
For a license as an apprentice to a hearing aid specialist:
Application
fee........................................................................
............................... $250
Annual license
fee........................................................................
........................... 100
Inactive status
fee........................................................................
............................ 100
For all licenses issued by the board:
Lapsed renewal fee per year for each year, or fraction thereof, that the
annual license fee has not been paid $100
Reinstatement
fee........................................................................
............................. 100
(Added to NRS by 1973, 994; A 1975, 151; 1993, 1342; 1995, 1671)
1. A licensed hearing aid specialist who:
(a) Has engaged in the practice of fitting and dispensing hearing
aids for at least 3 years; and
(b) Has obtained the approval of the Board,
Ê may employ any person 21 years of age or over to assist him in the
business of a hearing aid specialist if the person is licensed by the
Board as an apprentice to a hearing aid specialist.
2. An applicant for licensure as an apprentice must submit to the
Board:
(a) An application in the form adopted by the Board;
(b) The applicable fees; and
(c) All information required to complete the application.
(Added to NRS by 1973, 994; A 1979, 223; 1993, 1342; 1997, 2142;
2005, 2741 , 2807 )
The Board
shall adopt regulations setting forth the procedure for a hearing aid
specialist to obtain the approval of the Board to supervise an apprentice
to a hearing aid specialist. The regulations must include the procedure
for appealing decisions of the Board concerning such approval.
(Added to NRS by 1993, 1339)
1. All work done by an apprentice to a hearing aid specialist must
be supervised by a licensed hearing aid specialist, and the licensed
hearing aid specialist is responsible and civilly liable for the
negligence or incompetence of the apprentice under his supervision.
2. Any selection of a hearing aid for a customer made by an
apprentice must be approved by the hearing aid specialist supervising the
apprentice.
3. Any audiogram or sales document prepared by an apprentice must
be signed by the apprentice and the hearing aid specialist supervising
the apprentice.
(Added to NRS by 1973, 994; A 1993, 1342)
1. An apprentice to a hearing aid specialist shall, while engaged
in the practice of fitting and dispensing hearing aids, identify himself
as an apprentice.
2. An apprentice to a hearing aid specialist shall not use any
title in any advertisement or promotional materials other than
“apprentice to a hearing aid specialist.”
(Added to NRS by 1993, 1339)
1. No person may serve as an apprentice to a hearing aid
specialist for more than 3 years without passing the examination required
by this chapter.
2. For the purposes of subsection 1, the calculation of the time a
person has served as an apprentice to a hearing aid specialist must not
include any period during which the license of the apprentice to a
hearing aid specialist was on inactive status.
(Added to NRS by 1973, 994; A 1993, 1342; 1995, 1671)
1. A hearing aid specialist licensed pursuant to this chapter may
sell hearing aids by catalog or mail if:
(a) He has received a written statement signed by a physician
licensed pursuant to chapter 630 or 633
of NRS, an advanced practitioner of nursing
licensed pursuant to chapter 632 of NRS, an
audiologist licensed pursuant to chapter 637B of NRS or a hearing aid specialist licensed
pursuant to this chapter which verifies that he has performed an
otoscopic examination of that person and that the results of the
examination indicate that the person may benefit from the use of a
hearing aid;
(b) He has received a written statement signed by a physician
licensed pursuant to chapter 630 or 633
of NRS, audiologist licensed pursuant to
chapter 637B of NRS or a hearing aid
specialist licensed pursuant to this chapter which verifies that he has
performed an audiometric examination of that person in compliance with
regulations adopted by the Board and that the results of the examination
indicate that the person may benefit from the use of a hearing aid;
(c) He has received a written statement signed by a hearing aid
specialist licensed pursuant to this chapter which verifies that an ear
impression has been taken; and
(d) The person has signed a statement acknowledging that the
licensee is selling him the hearing aid by catalog or mail based upon the
information submitted by the person in accordance with this section.
2. A hearing aid specialist who sells hearing aids by catalog or
mail shall maintain a record of each sale of a hearing aid made pursuant
to this section for not less than 5 years.
3. The Board may adopt regulations to carry out the provisions of
this section, including, without limitation, the information which must
be included in each record required to be maintained pursuant to
subsection 2.
(Added to NRS by 1995, 1669; A 2003, 1175 )
A hearing aid specialist, at the request of a physician or a
member of related professions, may make audiograms for the physician’s or
member’s use in consultation with person’s who have impaired hearing.
(Added to NRS by 1993, 1339)
DISCIPLINARY ACTION
In a manner consistent with the provisions
of chapter 622A of NRS, the Board may take
disciplinary action against a licensee if the licensee:
1. Has been convicted of a felony relating to the practice of
hearing aid specialists.
2. Has been convicted of violating any of the provisions of NRS
616D.200 , 616D.220 , 616D.240 or 616D.300 to 616D.440 , inclusive.
3. Obtained the license by fraud or misrepresentation.
4. Has made any false or fraudulent statements concerning hearing
aids or the business of hearing aid specialist.
5. Has been guilty of negligence, incompetence or unprofessional
conduct in his practice as a hearing aid specialist. As used in this
subsection, “unprofessional conduct” includes, without limitation:
(a) Conduct which is intended to deceive or which the Board by
specific regulation has determined is unethical;
(b) Conduct which is harmful to the public or any conduct
detrimental to the public health or safety;
(c) Conduct for which disciplinary action was taken by an agency of
another state which is authorized to regulate the practice of hearing aid
specialists; and
(d) Knowingly employing, directly or indirectly, any person who is
not licensed to fit or dispense hearing aids or whose license to fit or
dispense hearing aids has been suspended or revoked.
6. Has loaned or transferred his license to another person.
7. Willfully violated any law of this State or any provision of
this chapter regulating hearing aid specialists or the operation of an
office, store or other location for dispensing hearing aids.
(Added to NRS by 1973, 993; A 1993, 792, 1343; 1995, 1671; 2003,
2712 ; 2005, 774 )
[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 as a hearing aid specialist or an apprentice to a
hearing aid specialist, 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 as a hearing
aid specialist or an apprentice to a hearing aid specialist that has been
suspended by a district court pursuant to NRS 425.540 if:
(a) The Board receives a letter issued by the district attorney or
other public agency pursuant to NRS 425.550 to the person whose license was suspended
stating that the person whose license was suspended has complied with the
subpoena or warrant or has satisfied the arrearage pursuant to NRS
425.560 ; and
(b) The person whose license was suspended pays the fee established
by the Board pursuant to NRS 637A.210
for the reinstatement of a license.
(Added to NRS by 1997, 2141; A 2005, 2807 )
1. The Board, any of its members or any other person who believes
that a licensee or other person has violated a provision of this chapter
may file a complaint specifying the relevant facts with the Board. The
Board may amend any such complaint to include additional allegations if
it becomes aware of any additional information concerning a further
violation of the provisions of this chapter.
2. A complaint made against any licensee charging one or more of
the causes for which his license may be revoked or suspended must be made
with such particularity as to enable the licensee to prepare a defense
thereto.
3. The complaint must be made in writing and be signed and
verified by the person making it.
4. The Board, on its own motion, may investigate the activities of
an applicant for or a holder of a license issued pursuant to this chapter
at any time.
(Added to NRS by 1973, 993; A 1993, 1343; 1995, 1672)
Notwithstanding the
provisions of chapter 622A of NRS, if the
Board receives a report pursuant to subsection 5 of NRS 228.420 , a disciplinary proceeding regarding the
report must be commenced within 30 days after the Board receives the
report.
(Added to NRS by 1973, 993; A 1993, 792; 1995, 1672; 2005, 774
)
1. In a manner consistent with the provisions of chapter 622A
of NRS, the holder of any license issued by
the Board may be disciplined by the Board by one or more of the following
methods:
(a) Placing the licensee on probation for a period not to exceed 2
years;
(b) Suspending the right of the licensee to practice, or the right
to use a license, for a period not to exceed 3 years;
(c) Revoking the license;
(d) Public reprimand;
(e) Imposition of an administrative fine not to exceed $5,000 upon
a finding by the Board of more than one violation;
(f) Requiring the licensee to pay restitution to any person who has
suffered an economic loss as a result of a violation of the provisions of
this chapter or any regulation adopted by the Board pursuant thereto; or
(g) Requiring the licensee to retake and pass the examination or
otherwise demonstrate that he is qualified and competent to practice.
2. If a license is suspended, it must be surrendered to the Board
and returned to the licensee upon termination of the period of suspension.
3. The Board shall not issue a private reprimand.
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 1973, 993; A 1975, 151; 1993, 1343; 1995, 1672;
2003, 3452 ; 2005, 774 )
Repealed. (See chapter 225, Statutes of Nevada 2005, at page 807 .)
1. If a license is revoked, it shall be surrendered to the Board.
2. In a manner consistent with the provisions of chapter 622A
of NRS, the Board may, in its discretion,
reinstate any license after revocation upon payment of the reinstatement
fee as prescribed in NRS 637A.210 .
(Added to NRS by 1973, 994; A 1975, 151; 2005, 775 )
A hearing aid specialist whose
license has been revoked may not be an active participant in the fitting
or dispensing of a hearing aid to any person.
(Added to NRS by 1995, 1669)
The Board shall keep a record of
all hearings and examinations conducted under the provisions of this
chapter.
(Added to NRS by 1973, 994)
1. Except as otherwise provided in this section, a complaint filed
with the Board, all documents and other information filed with the
complaint and all documents and other information compiled as a result of
an investigation conducted to determine whether to initiate disciplinary
action against a person are confidential, unless the person submits a
written statement to the Board requesting that such documents and
information be made public records.
2. The charging documents filed with the Board to initiate
disciplinary action pursuant to chapter 622A of NRS and all documents and information
considered by the Board when determining whether to impose discipline are
public records.
3. The provisions of this section do not prohibit the Board from
communicating or cooperating with or providing any documents or other
information to any other licensing board or any other agency that is
investigating a person, including, without limitation, a law enforcement
agency.
(Added to NRS by 2003, 3452 ; A 2005, 775 )
UNLAWFUL ACTS; PENALTIES
A person shall
not give, sell, transfer, or offer to give, sell or transfer, or alter
any license.
(Added to NRS by 1973, 994; A 1985, 348)
A person shall not engage in the business of a hearing aid
specialist under an assumed name with intent to defraud the public or
without a valid license.
(Added to NRS by 1973, 994; A 1985, 348)
A person shall not engage in the business of a hearing
aid specialist unless he:
1. Holds a license issued by the Board; or
2. Is exempted from the provisions of this chapter by NRS 637A.025
.
(Added to NRS by 1979, 223)
A violation of
this chapter by any person unlawfully representing himself, or practicing
as, a hearing aid specialist as defined in this chapter may be enjoined
by a district court on petition by the Board. In any such proceeding it
is not necessary to show that any person is individually injured. If the
respondent is found guilty of misrepresenting himself, or practicing as,
a hearing aid specialist, the court shall enjoin him from such
representation or practice unless and until he has been duly licensed as
a hearing aid specialist. Procedure in such cases shall be the same as in
any other application for an injunction. The remedy by injunction is in
addition to criminal prosecution and punishment.
(Added to NRS by 1975, 150)
Any person violating any provision of this
chapter is guilty of a misdemeanor.
(Added to NRS by 1973, 994; A 1985, 311)
