USA Statutes : nevada
Title : Title 54 - PROFESSIONS, OCCUPATIONS AND BUSINESSES
Chapter : CHAPTER 640 - PHYSICAL THERAPISTS
As used in this chapter, unless the
context otherwise requires, the terms defined in NRS 640.013 to 640.026 ,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1971, 1124; A 1981, 933; 1989, 1574; 1993, 2543)
“Board” means the State Board of
Physical Therapy Examiners.
(Added to NRS by 1971, 1124)
“Immediate
supervision” means that a person is present and immediately available
within the treatment area to give aid, direction and instruction to the
person he is supervising.
(Added to NRS by 1993, 2543)
“Physical therapist”
means a person who is licensed in accordance with the provisions of this
chapter.
(Added to NRS by 1971, 1124; A 1989, 1574)
“Physical
therapist’s assistant” means a person who assists in the practice of
physical therapy under the supervision of a licensed physical therapist
and who is licensed under the provisions of this chapter. The term is
synonymous with “physical therapist assistant.”
(Added to NRS by 1981, 931; A 1989, 1574; 1993, 2543)—(Substituted
in revision for NRS 640.023)
“Physical
therapist’s technician” means an unlicensed person who performs certain
limited activities at the direction of the physical therapist.
(Added to NRS by 1993, 2543)
“Physical therapy” means
the specialty in the field of health which is concerned with prevention
of disability and physical rehabilitation of persons having congenital or
acquired disabilities.
(Added to NRS by 1971, 1124; A 1981, 933)
“Practice of
physical therapy”:
1. Includes:
(a) The performing and interpreting of tests and measurements as an
aid to evaluation or treatment;
(b) The planning of initial and subsequent programs of treatment on
the basis of the results of tests; and
(c) The administering of treatment through the use of therapeutic
exercise and massage, the mobilization of joints by the use of
therapeutic exercise without chiropractic adjustment, mechanical devices,
and therapeutic agents which employ the properties of air, water,
electricity, sound and radiant energy.
2. Does not include:
(a) The diagnosis of physical disabilities;
(b) The use of roentgenic rays or radium;
(c) The use of electricity for cauterization or surgery; or
(d) The occupation of a masseur who massages only the superficial
soft tissues of the body.
(Added to NRS by 1981, 931; A 1985, 1411; 1993, 2543)
“Supervising physical therapist” means a physical therapist who
supervises a physical therapist’s assistant or physical therapist’s
technician.
(Added to NRS by 1989, 1574; A 1993, 2544)
This chapter does not apply
to an occupational therapist, occupational therapy assistant or athletic
trainer who:
1. Is licensed to practice in this state;
2. Practices within the scope of that license; and
3. Does not represent that he is a physical therapist or physical
therapist’s assistant, or that he practices physical therapy.
(Added to NRS by 1991, 991; A 1993, 2544; 2003, 904 )
STATE BOARD OF PHYSICAL THERAPY EXAMINERS
1. The State Board of Physical Therapy Examiners, consisting of
five members appointed by the Governor, is hereby created.
2. The Governor shall appoint:
(a) Four members who are licensed physical therapists in the State
of Nevada.
(b) One member who is a representative of the general public. This
member must not be:
(1) A physical therapist, a physical therapist’s assistant
or a physical therapist’s technician; or
(2) The spouse or the parent or child, by blood, marriage or
adoption, of a physical therapist, a physical therapist’s assistant or a
physical therapist’s technician.
3. The member who is a representative of the general public shall
not participate in preparing, conducting or grading any examination
required by the Board.
4. No member of the Board may serve more than two consecutive
terms.
5. The Governor may remove any member of the Board for
incompetency, neglect of duty, gross immorality or malfeasance in office.
6. A majority of the members of the Board constitutes a quorum.
7. No member of the Board may be held liable in a civil action for
any act which he has performed in good faith in the execution of his
duties under this chapter.
[Part 3:364:1955]—(NRS A 1957, 77; 1977, 1257; 1981, 933; 1989,
1574; 2003, 1196 )
1. Each member of the Board is entitled to receive:
(a) A salary of not more than $80 per day, as fixed by the Board,
while engaged in the business of the Board; and
(b) A per diem allowance and travel expenses at a rate fixed by the
Board, while engaged in the business of the Board. The rate must not
exceed the rate provided for state officers and employees generally.
2. While engaged in the business of the Board, each employee of
the Board is entitled to receive a per diem allowance and travel expenses
at a rate fixed by the Board. The rate must not exceed the rate provided
for state officers and employees generally.
(Added to NRS by 1963, 157; A 1975, 305; 1981, 934, 1994; 1989,
1702)
1. The Board shall examine and license qualified physical
therapists and qualified physical therapist’s assistants.
2. The Board may adopt reasonable regulations to carry this
chapter into effect, including, but not limited to, regulations
concerning the:
(a) Issuance and display of licenses.
(b) Supervision of physical therapist’s assistants and physical
therapist’s technicians.
(c) Treatments and other regulated procedures which may be
performed by physical therapist’s technicians.
3. The Board shall keep a record of its proceedings and a register
of all persons licensed under the provisions of this chapter. The
register must show:
(a) The name of every living licensee.
(b) The last known place of business and residence of each licensee.
(c) The date and number of each license issued as a physical
therapist or physical therapist’s assistant.
4. During September of every year in which renewal of a license is
required, the Board shall compile a list of licensed physical therapists
authorized to practice physical therapy and physical therapist’s
assistants licensed to assist in the practice of physical therapy in this
State. Any interested person in the State may obtain a copy of the list
upon application to the Board and the payment of such amount as may be
fixed by the Board, which amount must not exceed the cost of the list so
furnished.
5. The Board may:
(a) Maintain offices in as many localities in the State as it finds
necessary to carry out the provisions of this chapter.
(b) Employ attorneys, investigators and other professional
consultants and clerical personnel necessary to the discharge of its
duties.
(c) Adopt a seal of which a court may take judicial notice.
6. Any member or agent of the Board may enter an office, clinic or
hospital where physical therapy is practiced and inspect it to determine
if the physical therapists are licensed.
7. Any member of the Board may administer an oath to a person
testifying in a matter that relates to the duties of the Board.
[Part 3:364:1955] + [4:364:1955]—(NRS A 1963, 157; 1971, 1126;
1981, 934; 1989, 1575; 1993, 2544)
For the
purpose of NRS 640.080 , the Board shall
approve any school or educational curriculum taught at a school if the
school is accredited by an accrediting agency recognized by the Board.
[19:364:1955]—(NRS A 1981, 934; 1989, 1576; 2005, 695 )
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, 157)
1. All fees collected under this chapter must be deposited by the
Board in banks, credit unions or savings and loan associations in the
State of Nevada.
2. All expenses incident to the operation of this chapter must be
paid from the revenue derived therefrom.
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 and impose and collect administrative fines therefor. If
the Board so delegates its authority, the Board may deposit the money
from the fines in banks, credit unions or savings and loan associations
in this State for the support of the Board. In addition, the hearing
officer or panel may assess a licensee against whom disciplinary action
is taken any costs and fees incurred by the Board as a result of the
hearing. The money from the reimbursed costs and fees may also be
deposited for use by the Board.
4. If a hearing officer or panel is not authorized to take
disciplinary action pursuant to subsection 3, the Board shall deposit the
money collected from the imposition of administrative fines with the
State Treasurer for credit to the State General Fund. The Board 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.
[13:364:1955]—(NRS A 1963, 158; 1983, 1541; 1993, 2545; 1999, 1535
; 2005, 781 )
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.
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, 1574; A 2003, 3455 ; 2005, 781 )
LICENSING
To be eligible for licensure by the
Board as a physical therapist, an applicant must:
1. Be of good moral character;
2. Have graduated from a school in which he completed a curriculum
of physical therapy approved by the Board; and
3. Pass to the satisfaction of the Board an examination designated
by the Board, unless he is entitled to licensure without examination as
provided in NRS 640.120 or 640.140
.
[5:364:1955]—(NRS A 1975, 1296; 1981, 934; 1989, 1576)
Unless he is entitled to
licensure under NRS 640.120 or 640.140
, a person who desires to be licensed as
a physical therapist must:
1. Apply to the Board, in writing, on a form furnished by the
Board;
2. Include in the application evidence, under oath, satisfactory
to the Board, that he possesses the qualifications required by NRS
640.080 other than having passed the
examination;
3. Pay to the Board at the time of filing his application a fee
set by a regulation of the Board in an amount not to exceed $300;
4. Submit to the Board with his application a complete set of his
fingerprints which the Board may forward to the Central Repository for
Nevada Records of Criminal History for submission to the Federal Bureau
of Investigation for its report;
5. Submit other documentation and proof the Board may require; and
6. Submit all other information required to complete the
application.
[6:364:1955]—(NRS A 1957, 77; 1967, 858; 1971, 1126; 1981, 935;
1989, 1576; 1997, 2150; 2003, 2861 ; 2005, 2751 , 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 the issuance of a license as a physical
therapist or physical therapist’s assistant 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 as a
physical therapist or physical therapist’s assistant 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 as a physical therapist or physical therapist’s
assistant 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, 2149; A 2005, 2751 , 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 as a
physical therapist or physical therapist’s assistant 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 as a physical therapist or physical therapist’s
assistant 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, 2149; A 2005, 2751 , 2752 , 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 examine applicants for licensure as physical
therapists at least twice a year at such places as it may determine.
2. The examination must embrace such subjects as the Board deems
necessary to determine the applicant’s qualifications, and the
examination must include a written portion.
3. The Board may charge a fee for examining or reexamining an
applicant, based on the Board’s cost.
4. Before any applicant may take the examination a third time, he
must meet with the Board to discuss his possible need for further
training or education and must complete any further training or education
determined by the Board to be prerequisite.
[10:364:1955]—(NRS A 1981, 935; 1989, 1576)
1. The Board shall license as a physical therapist each applicant
who proves to the satisfaction of the Board his qualifications for
licensure.
2. The Board shall issue to each applicant who proves to the
satisfaction of the Board his qualification for licensure, a license as a
physical therapist. The license authorizes the applicant to represent
himself as a licensed physical therapist and to practice physical therapy
in the State of Nevada subject to the conditions and limitations of this
chapter.
3. Each physical therapist shall display his current license in a
location which is accessible to the public.
4. The Board may charge a fee, not to exceed $25, to replace a
lost license or to change a name on a license.
[11:364:1955]—(NRS A 1959, 194; 1967, 858; 1981, 935; 1987, 852;
1989, 1576)
1. The Board may issue, without examination, a license to practice
physical therapy for a period not to exceed 6 months to any person who
meets the qualifications set forth in NRS 640.080 , except subsection 3 thereof, upon
certification that he has been assigned to the State of Nevada on a
temporary basis to assist in a medical emergency. Issuance of the
temporary license is subject to such fees, not to exceed $100, and
conditions as the Board may require.
2. A student of physical therapy is not required to be licensed
during his clinical training if his work is done under the direct
supervision of a licensed physical therapist.
3. A person who has applied for licensure as a physical therapist
and who meets the qualifications set forth in NRS 640.080 , except subsection 3 thereof, is temporarily
exempt from licensure and may practice physical therapy during the period
of the temporary exemption if:
(a) The person has submitted a completed application for licensure
for the first time and the application has been approved by the Board;
(b) The Board has approved the person to sit for the examination
required pursuant to NRS 640.100 ;
(c) The person has not previously failed an examination for
licensure as a physical therapist;
(d) The person practices physical therapy under the supervision of
a licensed physical therapist and in accordance with the provisions of
this chapter and the regulations of the Board; and
(e) The person complies with any other requirements of the Board to
practice physical therapy during the period of the temporary exemption.
4. The temporary exemption authorized by subsection 3 begins on
the date on which the Board notifies the person that he may practice
physical therapy under the temporary exemption and continues until the
date of the examination if the person does not take the examination or
until the date on which the Board notifies the person of the results of
the examination. During the period of the temporary exemption, the person:
(a) Shall not use as his title or professional credentials any
words, letters or insignia except for the words “graduate of physical
therapy.”
(b) Is subject to the regulatory and disciplinary authority of the
Board to the same extent as a licensed physical therapist.
[8:364:1955]—(NRS A 1967, 858; 1979, 714; 1981, 936; 1989, 1577;
2005, 695 )
The Board may, in its discretion, license as a
physical therapist, without examination, on the payment of the required
fee, an applicant for licensure who is a physical therapist registered
under the laws of another state or territory, if the requirements for
licensure of physical therapists in the state or territory in which the
applicant was licensed were at the date of his licensure substantially
equal to the current requirements of this state.
[9:364:1955]—(NRS A 1989, 1577)
1. A license to practice physical therapy expires on July 31 of
each year. A physical therapist may renew his license before its
expiration upon:
(a) Presentation of proof of completion of a program of continuing
education as required by subsection 3;
(b) Payment of a renewal fee established by the Board; and
(c) Submission of all information required to complete the renewal.
2. A license that is not renewed before July 31 of each year
expires. An expired license may be reinstated, at the discretion of the
Board, upon:
(a) Payment of the annual renewal fee and the annual expiration fee
established by the Board for each year the license is expired; and
(b) Submission of all information required to complete the renewal.
3. The Board shall require licensed physical therapists to
complete a program of continuing education as a requirement for the
renewal of licenses. The Board shall, by regulation:
(a) Prescribe the curriculum;
(b) Approve the courses of study or training; and
(c) Establish the fees,
Ê for the program.
4. The Board may, pursuant to subsection 3, establish a fee of not
more than $150 to consider approval of a course of study or training.
[12:364:1955]—(NRS A 1957, 78; 1967, 859; 1981, 936; 1985, 1411;
1989, 1577; 1997, 2150; 2005, 696 , 2752 , 2807 )
DISCIPLINARY ACTION
1. The Board, after notice and a hearing as required by law, and
upon any ground enumerated in subsection 2, may take one or more of the
following actions:
(a) Refuse to issue a license or temporary license to any applicant.
(b) Refuse to renew the license or temporary license of any person.
(c) Suspend or revoke the license or temporary license of any
person.
(d) Place any person who has been issued a license or temporary
license on probation.
(e) Impose an administrative fine which does not exceed $5,000 on
any person who has been issued a license.
2. The Board may take action pursuant to subsection 1 if an
applicant or person who has been licensed pursuant to this chapter:
(a) Is habitually drunk or is addicted to the use of a controlled
substance.
(b) Has been convicted of violating any state or federal law
relating to controlled substances.
(c) Is, in the judgment of the Board, guilty of immoral or
unprofessional conduct.
(d) Has been convicted of any crime involving moral turpitude.
(e) Has been convicted of violating any of the provisions of NRS
616D.200 , 616D.220 , 616D.240 or 616D.300 to 616D.440 , inclusive.
(f) Is guilty, in the judgment of the Board, of gross negligence in
his practice as a physical therapist which may be evidenced by claims of
malpractice settled against a practitioner.
(g) Has obtained or attempted to obtain a license by fraud or
material misrepresentation.
(h) Has been declared insane by a court of competent jurisdiction
and has not thereafter been lawfully declared sane.
(i) Has entered into any contract or arrangement which provides for
the payment of an unearned fee to any person following his referral of a
patient.
(j) Has employed as a physical therapist any unlicensed physical
therapist or physical therapist whose license has been suspended.
(k) Has had his license to practice physical therapy suspended,
revoked or in any way limited by another jurisdiction.
(l) Is determined to be professionally incompetent by the Board.
(m) Has violated any provision of this chapter or the Board’s
regulations.
[14:364:1955]—(NRS A 1971, 2044; 1975, 119; 1981, 598, 937; 1983,
1541; 1987, 1569; 1989, 1578; 1993, 794, 888; 1995, 548; 2003, 3456
; 2005, 782 )
[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 as a physical therapist or physical therapist’s assistant, 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 as a physical therapist or
physical therapist’s assistant 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, 2149; A 2005, 2807 )
1. A complaint against any person who has been licensed pursuant
to this chapter may be initiated by the Board or may be filed with the
Board by any member or agent of the Board or any aggrieved person.
2. The complaint must allege one or more of the grounds enumerated
in NRS 640.160 and must contain a
statement of facts showing that a provision of this chapter or the
Board’s regulations has been violated. The complaint must be sufficiently
detailed to enable the respondent to understand the allegations.
3. The complaint must be in writing and be signed and verified by
the person filing it. The original complaint and two copies must be filed
with the Board.
4. The Board shall review each complaint. If a complaint shows a
substantial violation of a provision of this chapter or the Board’s
regulations, the Board shall proceed with a hearing on the complaint
pursuant to the provisions of chapter 622A
of NRS.
(Added to NRS by 1981, 931; A 1989, 1579; 2005, 782 )
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 1981, 932; A 1993, 795; 2005, 783 )
1. The Board or any member thereof 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.
3. If any witness refuses to attend or testify or produce any
books or papers required by a subpoena, the Board may file a petition ex
parte with the district court, setting forth that:
(a) Due notice has been given of the time and place for the
attendance of the witness or the production of the books or papers;
(b) The witness has been subpoenaed in the manner prescribed by
this chapter;
(c) The witness has failed or refused to attend or produce the
books or papers required by the 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; and
(d) The Board therefore requests an order of the court compelling
the witness to attend and testify or produce the books or papers before
the Board.
4. The court, upon such a petition, shall enter an order directing
the witness to appear before the court at a time and place fixed by the
court in the order, and then and there to show cause why he has not
attended or testified or produced the books or papers before the Board.
The time may not be more than 10 days after the date of the order. A
certified copy of the order must be served upon the witness.
5. If the court determines 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. Failure to obey the
order is a contempt of the court which issued it.
(Added to NRS by 1981, 932)
Each witness who
appears by order of the Board is entitled to receive for his attendance
the same fees and mileage allowed by law to a witness in a civil case.
The amount must be paid by the party who requested the subpoena. When any
witness, who has not been required to attend at the request of any party,
is subpoenaed by the Board, his fees and mileage must be paid from the
funds of the Board.
(Added to NRS by 1981, 932)
Repealed. (See chapter 225, Statutes of Nevada 2005, at page 807 .)
Repealed. (See chapter
225, Statutes of Nevada 2005, at page 807 .)
Repealed. (See chapter 225, Statutes of Nevada 2005, at page 807 .)
UNLAWFUL ACTS; ENFORCEMENT; PENALTIES
1. Except as otherwise provided in NRS 629.091 and 640.120 ,
it is unlawful for any person to practice physical therapy in this State
unless he holds a license or a temporary license issued pursuant to this
chapter.
2. In addition to any criminal penalty that may be imposed for a
violation of subsection 1, the Board, after notice and hearing, may issue
an order against any person who has violated subsection 1 imposing a
civil penalty of not more than $5,000 for each violation. Any civil
penalty collected pursuant to this subsection must be deposited in the
State General Fund.
(Added to NRS by 1981, 933; A 1989, 1579; 1995, 753; 2005, 697
)
A person who is not licensed under this chapter as a physical
therapist, or whose license has been suspended, revoked or has expired
and who uses in connection with his name the words or letters “L.P.T.,”
“Licensed Physical Therapist,” “R.P.T.,” “Registered Physical Therapist,”
“P.T.,” “Physical Therapist,” or any other letters, words or insignia
indicating or implying that he is a licensed physical therapist, or who
in any other way, orally, or in writing, or in print, by sign, directly
or by implication, represents himself as a licensed physical therapist,
is guilty of a misdemeanor.
[15:364:1955]—(NRS A 1959, 194; 1989, 1579)
A person who makes a willfully false oath or
affirmation in any case in which an oath or affirmation is required by
this chapter, or who obtains or attempts to obtain a license by any
fraudulent representation, is guilty of a misdemeanor.
[16:364:1955]—(NRS A 1989, 1580)
This chapter does not authorize a physical therapist, whether licensed
or not, to practice medicine, osteopathic medicine, homeopathic medicine,
chiropractic or any other form or method of healing.
[17:364:1955]—(NRS A 1975, 119; 1977, 965; 1981, 938; 1983, 1493;
1985, 1412; 1987, 1314; 1989, 1580)
1. The Board shall investigate every supposed violation of this
chapter coming to its notice and shall report to the proper district
attorney all cases that in the judgment of the Board warrant prosecution.
2. Whenever any person has engaged or is about to engage in any
acts or practices which constitute or will constitute an offense against
this chapter, the district court of any county, on application of the
Board, may issue an injunction or any other order restraining such
conduct. Proceedings under this subsection shall be governed by Rule 65
of the Nevada Rules of Civil Procedure, except that no bond or
undertaking shall be required in any action commenced by the Board.
[20:364:1955]—(NRS A 1959, 195)
PHYSICAL THERAPISTS’ ASSISTANTS
To be eligible for
licensing by the Board as a physical therapist’s assistant, an applicant
must:
1. Be at least 18 years old.
2. Be of good moral character.
3. Have graduated from an approved high school.
4. Have completed an educational curriculum approved by the Board
for a physical therapist’s assistant.
5. Pass an examination designated by the Board or be entitled to
licensing without examination as provided in NRS 640.270 or 640.275 .
(Added to NRS by 1971, 1125; A 1981, 938; 1989, 1580; 1993, 2545)
1. For the purposes of NRS 640.230 , the Board shall not approve any educational
curriculum for a physical therapist’s assistant unless the curriculum
includes elementary or intermediate courses in clinical, anatomical,
biological and physical sciences and is:
(a) At least a 2-year program requiring a minimum of 60 academic
semester credits at a college accredited by a recognized accrediting
agency; or
(b) A curriculum which is provided by the Armed Forces of the
United States.
2. The Board may refuse to approve any educational curriculum for
physical therapist’s assistants if the curriculum does not include such
courses in theory and procedures as determined by the Board to be
necessary for these assistants.
(Added to NRS by 1971, 1125; A 1981, 938; 1989, 1580; 1993, 2545;
2005, 697 )
Unless he is
entitled to a license under NRS 640.270 , a person who desires to be licensed as a
physical therapist’s assistant must:
1. Apply to the Board, in writing, on a form furnished by the
Board. The application for licensure as a physical therapist’s assistant
must also be signed by the supervising physical therapist of the
applicant.
2. Include in the application evidence, under oath, satisfactory
to the Board, that he possesses the qualifications required by NRS
640.230 other than having passed the
examination.
3. Pay to the Board at the time of filing his application a fee
set by a regulation of the Board in an amount not to exceed $200.
4. Submit to the Board with his application a complete set of his
fingerprints which the Board may forward to the Central Repository for
Nevada Records of Criminal History for submission to the Federal Bureau
of Investigation for its report.
5. Submit such documentation and proof as the Board may require.
6. Pay the fee for examination of the applicant as the Board may
establish.
7. Submit all other information required to complete the
application.
(Added to NRS by 1971, 1125; A 1981, 938; 1989, 1580; 1997, 2150;
2003, 2861 ; 2005, 2753 , 2807 )
1. The Board shall license as a physical therapist’s assistant
each applicant who proves to the satisfaction of the Board his
qualifications for a license.
2. The Board shall issue to each qualified applicant a license
that authorizes the applicant to represent himself as a physical
therapist’s assistant and to practice as that assistant.
3. Each physical therapist’s assistant shall display his current
license in a location which is accessible to the public.
4. The Board may charge a fee, not to exceed $25, to replace a
lost license or to change a name on a license.
5. A license as a physical therapist’s assistant is valid as long
as a supervising physical therapist supervises the physical therapist’s
assistant.
(Added to NRS by 1971, 1125; A 1981, 939; 1987, 852; 1989, 1581;
1993, 2546)
The Board may license as a physical
therapist’s assistant, without examination, on the payment of the
required fee, an applicant who is licensed as a physical therapist’s
assistant under the laws of another state or territory whose requirements
at the date of his licensure were substantially equal to the current
requirements of this state.
(Added to NRS by 1971, 1125; A 1981, 939; 1989, 1581; 1993, 2546)
1. The Board may issue, without examination, a temporary license
to practice as a physical therapist’s assistant to a person who:
(a) Meets all of the other qualifications of NRS 640.230 ; and
(b) Certifies that he has been assigned to the State of Nevada on a
temporary basis to assist in a medical emergency.
2. The Board may charge a fee, not to exceed $100, for the
issuance of a temporary license.
3. A student who is enrolled in a program to become a physical
therapist’s assistant is not required to be licensed during his clinical
training if his work is performed under the direct supervision of a
physical therapist.
4. A person who has applied for licensure as a physical
therapist’s assistant and who meets the qualifications set forth in NRS
640.230 , except subsection 5 thereof,
is temporarily exempt from licensure and may practice as a physical
therapist’s assistant during the period of the temporary exemption if:
(a) The person has submitted a completed application for licensure
for the first time and the application has been approved by the Board;
(b) The Board has approved the person to sit for the examination
required pursuant to NRS 640.230 ;
(c) The person has not previously failed an examination for
licensure as a physical therapist’s assistant;
(d) The person practices as a physical therapist’s assistant under
the direct supervision of a supervising physical therapist and in
accordance with the provisions of this chapter and the regulations of the
Board; and
(e) The person complies with any other requirements of the Board to
practice as a physical therapist’s assistant during the period of the
temporary exemption.
5. The temporary exemption authorized by subsection 4 begins on
the date on which the Board notifies the person that he may practice as a
physical therapist’s assistant under the temporary exemption and
continues until the date of the examination if the person does not take
the examination or until the date on which the Board notifies the person
of the results of the examination. During the period of the temporary
exemption, the person:
(a) Shall not use as his title or professional credentials the
words, letters or insignia “P.T.A.” or “Physical Therapist’s Assistant,”
or any other letters, words or insignia indicating or implying that he is
a licensed physical therapist’s assistant.
(b) Is subject to the regulatory and disciplinary authority of the
Board to the same extent as a licensed physical therapist’s assistant.
(Added to NRS by 1993, 2543; A 2005, 697 )
1. The license of a physical therapist’s assistant expires on July
31 of each year. A physical therapist’s assistant may renew his license
before its expiration upon:
(a) Presentation of proof of completion of a program of continuing
education as required by subsection 3;
(b) Payment of the renewal fee established by the Board; and
(c) Submission of all information required to complete the renewal.
2. A license that is not renewed before July 31 of each year
expires. The Board may reinstate an expired license upon payment of the
annual renewal fee and the annual expiration fee established by the Board
for each year the license is expired.
3. The Board shall require each physical therapist’s assistant to
complete a program of continuing education as a prerequisite for the
renewal of his license. The Board shall prescribe the curriculum and
approve the courses of study or training for that program.
(Added to NRS by 1971, 1126; A 1981, 939; 1987, 852; 1989, 1581;
1993, 2546; 1997, 2151; 2005, 2753 , 2807 )
A person licensed as a physical
therapist’s assistant may assist in the practice of physical therapy only
under the direct supervision of a supervising physical therapist, as
regulated by the Board and subject to the conditions and limitations of
NRS 640.230 to 640.300 , inclusive.
(Added to NRS by 1971, 1126; A 1981, 939; 1989, 1581; 1993, 2546)
Any person:
1. Who is not licensed under NRS 640.230 to 640.300 ,
inclusive, as a physical therapist’s assistant;
2. Whose license has been suspended or revoked; or
3. Whose license has expired and has not been reinstated,
Ê and who uses in connection with his name the words or letters “P.T.A.”
or “Physical Therapist’s Assistant,” or any other letters, words or
insignia indicating or implying that he is a licensed physical
therapist’s assistant, or who in any other way, orally, or in writing, or
in print, by sign, directly, or by implication, represents himself as a
licensed physical therapist’s assistant, is guilty of a misdemeanor.
(Added to NRS by 1971, 1126; A 1981, 939; 1989, 1581; 1993, 2547)
PHYSICAL THERAPISTS’ TECHNICIANS
1. A physical therapist shall provide immediate supervision of a
physical therapist’s technician while the technician performs treatments
related to physical therapy which have been directed by the physical
therapist.
2. As used in this section, “treatment” does not include
secretarial, clerical or housekeeping activities, the transportation of a
patient or the dressing or undressing of a patient.
(Added to NRS by 1993, 2543)
