USA Statutes : nevada
Title : Title 54 - PROFESSIONS, OCCUPATIONS AND BUSINESSES
Chapter : CHAPTER 640A - OCCUPATIONAL THERAPISTS
The Legislature declares
that the purpose of this chapter is to protect the public health, safety
and welfare by ensuring that:
1. Only competent and scrupulous persons practice occupational
therapy in this state; and
2. Persons who practice occupational therapy in this state
maintain an appropriate standard of professional conduct.
(Added to NRS by 1991, 986)
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 640A.030
to 640A.060 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1991, 986)
“Board” means the Board of
Occupational Therapy.
(Added to NRS by 1991, 986)
“Occupational
therapist” means a person who is licensed pursuant to this chapter to
practice occupational therapy.
(Added to NRS by 1991, 986)
“Occupational
therapy” means the application of purposeful activity in the evaluation,
teaching and treatment, in groups or on an individual basis, of patients
who are handicapped by age, physical injury or illness, psychosocial
dysfunction, developmental or learning disability, poverty or aspects of
culture, to increase their independence, alleviate their disability and
maintain their health. The term includes:
1. Teaching patients skills for daily living;
2. Assisting patients in the development of cognitive and
perceptual motor skills, and in the integration of sensory functions;
3. Assisting patients in learning to play and to use their leisure
time constructively;
4. Assisting patients in developing functional skills necessary to
be considered for employment;
5. Assessing the need for, designing, constructing and training
patients in the use and application of selected orthotic devices and
adaptive equipment;
6. Assessing the need for prosthetic devices for the upper body
and training patients in the functional use of prosthetic devices;
7. Teaching patients crafts and exercises designed to enhance
their ability to function normally;
8. Administering to patients manual tests of their muscles and
range of motion, and interpreting the results of those tests;
9. Incorporating into the treatment of patients the safe and
appropriate use of physical therapeutic modalities and techniques which
have been acquired through an appropriate program of education approved
by the Board pursuant to subsection 2 of NRS 640A.120 , or through a program of continuing
education or higher education; and
10. Adapting the environment of patients to reduce the effects of
handicaps.
(Added to NRS by 1991, 986)
“Occupational therapy assistant” means a person who is licensed pursuant
to this chapter to practice occupational therapy under the general
supervision of an occupational therapist.
(Added to NRS by 1991, 987)
This chapter does not
apply to a person:
1. Holding a current license or certificate issued pursuant to
chapter 391 , 630
to 637B , inclusive, 640 , 640B to 641B , inclusive, of NRS, who practices within the scope
of that license or certificate.
2. Employed by the Federal Government who practices occupational
therapy within the scope of that employment.
3. Enrolled in an educational program approved by the Board which
is designed to lead to a certificate or degree in occupational therapy,
if he is designated by a title which clearly indicates that he is a
student.
4. Obtaining the supervised experience necessary to satisfy the
requirements of subsection 3 of NRS 640A.120 .
5. Practicing occupational therapy in this state in association
with an occupational therapist licensed pursuant to this chapter if the
person:
(a) Practices in this state for not more than 45 days in a calendar
year;
(b) Is licensed to practice occupational therapy in another state
where the requirements for such a license are equivalent to the
requirements of this chapter; and
(c) Meets the requirements for certification as an “occupational
therapist registered” or “certified occupational therapy assistant”
established by the American Occupational Therapy Certification Board.
(Added to NRS by 1991, 987; A 2003, 904 )
BOARD OF OCCUPATIONAL THERAPY
1. The Board of Occupational Therapy, consisting of five members
appointed by the Governor, is hereby created.
2. The Governor shall appoint to the Board:
(a) One member who is a representative of the general public. This
member must not be:
(1) An occupational therapist or an occupational therapy
assistant; or
(2) The spouse or the parent or child, by blood, marriage or
adoption, of an occupational therapist or an occupational therapy
assistant.
(b) One member who is an occupational therapist or occupational
therapy assistant.
(c) Three members who are occupational therapists.
3. Each member of the Board must be a resident of Nevada. An
occupational therapist or occupational therapy assistant appointed to the
Board must:
(a) Have practiced, taught or conducted research in occupational
therapy for the 5 years immediately preceding his appointment; and
(b) Except for the initial members, hold a license issued pursuant
to this chapter.
4. No member of the Board may serve more than two consecutive
terms.
5. If a vacancy occurs during a member’s term, the Governor shall
appoint a person qualified under this section to replace that member for
the remainder of the unexpired term.
(Added to NRS by 1991, 987; A 1995, 93; 2003, 1197 )
1. The Board shall:
(a) Hold at least two meetings a year, the first of which must be
held in January. Other meetings may be held at the call of the Chairman
or upon the written request of two or more members.
(b) Elect a Chairman at the regular meeting in January of each year.
(c) Comply with the provisions of chapter 241 of NRS.
2. A majority of the members of the Board constitutes a quorum.
(Added to NRS by 1991, 988; A 2005, 979 )
1. The members of the Board serve without compensation, except
that while engaged in the business of the Board, each member is entitled
to the per diem allowance and travel expenses provided for state officers
and employees generally.
2. The Board may employ an Executive Secretary and any other
employees it deems necessary, establish their duties and fix their
salaries.
3. The expenses of the Board and members of the Board, and the
salaries of its employees, must be paid from the fees received by the
Board pursuant to this chapter, and no part of those expenses and
salaries may be paid out of the State General Fund.
(Added to NRS by 1991, 988)
The Board shall:
1. Enforce the provisions of this chapter;
2. Maintain a record of its proceedings;
3. Evaluate the qualifications of an applicant for a license as an
occupational therapist or occupational therapy assistant and, upon
payment of the appropriate fee, issue the appropriate license to a
qualified applicant;
4. Adopt regulations establishing standards of practice for
persons licensed pursuant to this chapter and any other regulations
necessary to carry out the provisions of this chapter; and
5. Require a person licensed pursuant to this chapter to submit to
the Board such documentation or perform such practical demonstrations as
the Board deems necessary to determine whether the licensee has acquired
the skills necessary to perform physical therapeutic modalities.
(Added to NRS by 1991, 988)
LICENSING
To be eligible for
licensing by the Board as an occupational therapist or occupational
therapy assistant, an applicant must:
1. Be a natural person of good moral character.
2. Except as otherwise provided in NRS 640A.130 , have satisfied the academic requirements of
an educational program approved by the Board. The Board shall not approve
an educational program designed to qualify a person to practice as:
(a) An occupational therapist unless the program is accredited by
the Committee on Allied Health Education and Accreditation of the
American Medical Association in collaboration with the American
Occupational Therapy Association.
(b) An occupational therapy assistant unless the program is
approved by the American Occupational Therapy Association.
3. Except as otherwise provided in NRS 640A.130 , have successfully completed:
(a) If the application is for licensing as an occupational
therapist, 24 weeks; or
(b) If the application is for licensing as an occupational therapy
assistant, 8 weeks,
Ê of supervised experience approved by the Board. The Board shall not
approve any supervised experience unless the experience was sponsored by
the American Occupational Therapy Association or the educational
institution at which the applicant satisfied the requirements of
subsection 2.
4. Except as otherwise provided in NRS 640A.160 and 640A.170 , pass an examination approved by the Board.
(Added to NRS by 1991, 988)
The Board may waive the requirements of subsections 2
and 3 of NRS 640A.120 for an
applicant who:
1. Receives his education in occupational therapy from a foreign
school; and
2. Proves to the satisfaction of the Board that his education and
experience are substantially equivalent to the education and experience
required by those subsections.
(Added to NRS by 1991, 989)
1. A person who desires to be licensed by the Board as an
occupational therapist or occupational therapy assistant must:
(a) Submit an application to the Board on a form furnished by the
Board; and
(b) Provide evidence satisfactory to the Board that he possesses
the qualifications required pursuant to subsections 1, 2 and 3 of NRS
640A.120 .
2. The application must include all information required to
complete the application.
(Added to NRS by 1991, 989; A 1997, 2152; 2005, 2753 , 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 an occupational
therapist or occupational therapy 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 an
occupational therapist or occupational therapy 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 an occupational therapist or occupational therapy
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, 2151; A 2005, 2753 , 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 an
occupational therapist or occupational therapy 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 an occupational therapist or occupational therapy
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, 2151; A 2005, 2753 , 2754 , 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:
(a) Approve an examination for licensing as an occupational
therapist and an examination for licensing as an occupational therapy
assistant;
(b) Establish the requirements to pass each examination;
(c) Offer each examination at least twice each year at such places
and under such conditions as it determines; and
(d) Provide reasonable public notice of the time and place of each
examination.
2. Each examination must be in writing and be designed to test an
applicant’s knowledge of:
(a) The basic and clinical sciences relating to occupational
therapy;
(b) The techniques and methods of occupational therapy; and
(c) Any other subjects the Board requires to determine the fitness
of an applicant to practice occupational therapy.
3. A person who has satisfied the requirements of NRS 640A.140
may take the appropriate examination
for licensing. An applicant who fails the examination may retake the
examination no more than twice.
(Added to NRS by 1991, 989)
The Board
may issue, without examination, a license as an occupational therapist or
occupational therapy assistant to a person who has the qualifications
required pursuant to subsections 1, 2 and 3 of NRS 640A.120 and who is:
1. Certified after June 18, 1991, by the American Occupational
Therapy Certification Board, if the Board of Occupational Therapy
determines that the requirements to obtain that certification are
equivalent to the requirements for licensing pursuant to this chapter.
2. Licensed as an occupational therapist or occupational therapy
assistant in another state or territory of the United States, if the
Board determines that the requirements to obtain that license are
equivalent to the requirements for licensing pursuant to this chapter.
(Added to NRS by 1991, 989)
1. The Board may issue, without examination, a temporary license
to a person who has the qualifications required pursuant to subsections
1, 2 and 3 of NRS 640A.120 . A
temporary license:
(a) Authorizes the person to whom it is issued to practice
occupational therapy only under the general supervision of an
occupational therapist licensed pursuant to this chapter; and
(b) Is valid for 6 months or until the person to whom it is issued
otherwise obtains a license pursuant to this chapter, whichever occurs
first.
2. The Board may renew a temporary license no more than once and
may revoke a temporary license for any of the grounds set forth in NRS
640A.200 .
(Added to NRS by 1991, 990)
1. Except as otherwise provided in NRS 640A.170 , a license issued pursuant to this chapter
expires annually unless renewed in the manner established pursuant to the
regulations of the Board, which may include requirements for continuing
education.
2. The Board may adopt regulations providing for the late renewal
of a license, except that the Board may not renew a license if 5 years
have passed since its expiration.
3. The Board may, at the request of a person licensed pursuant to
this chapter, place his license on inactive status if the person:
(a) Does not practice occupational therapy, or represent that he is
authorized to practice occupational therapy, in this state; and
(b) Satisfies any requirements for continuing education established
by the Board.
(Added to NRS by 1991, 990)
1. The Board may by regulation establish reasonable fees for:
(a) The examination of an applicant for a license;
(b) The initial issuance of a license;
(c) The issuance of a temporary license;
(d) The annual renewal of a license; and
(e) The late renewal of a license.
2. The fees must be set in such an amount as to reimburse the
Board for the cost of carrying out the provisions of this chapter.
(Added to NRS by 1991, 990)
ENFORCEMENT
1. The Board may, after notice and a hearing as required by law,
suspend, revoke or refuse to issue or renew a license to practice as an
occupational therapist or occupational therapy assistant, or may impose
conditions upon the use of that license, if the Board determines that the
holder of or applicant for the license is guilty of unprofessional
conduct which has endangered or is likely to endanger the public health,
safety or welfare. The Board may reinstate a revoked license pursuant to
the provisions of chapter 622A of NRS upon
application by the person to whom the license was issued.
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.
3. An order that imposes discipline and the findings of fact and
conclusions of law supporting that order are public records.
4. As used in this section, “unprofessional conduct” includes:
(a) The obtaining of a license by fraud or through the
misrepresentation or concealment of a material fact;
(b) The conviction of:
(1) A felony or gross misdemeanor relating to the practice
of occupational therapy; or
(2) Any crime involving moral turpitude; and
(c) The violation of any provision of this chapter or regulation of
the Board adopted pursuant to this chapter.
(Added to NRS by 1991, 990; A 1993, 795; 2003, 2714 , 3456 ; 2005, 783 )
[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 an occupational therapist or occupational therapy 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 an occupational
therapist or occupational therapy 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, 2152; A 2005, 2807 )
1. In a manner consistent with the provisions of chapter 622A
of NRS, the Board may conduct
investigations, hold hearings and examine witnesses in carrying out its
duties pursuant to this chapter. For the purposes of this chapter:
(a) Any member of the Board may administer oaths; and
(b) The Chairman of the Board may issue subpoenas to compel the
attendance of witnesses and the production of books and papers.
2. If any person fails to comply with the subpoena within 10 days
after its issuance, the Chairman of the Board may petition the district
court for an order of the court compelling compliance with the subpoena.
3. Upon such a petition, the court shall enter an order directing
the person subpoenaed to appear before the court at a time and place to
be fixed by the court in its order, the time to be not more than 10 days
after the date of the order, and to show cause why he has not complied
with the subpoena. A certified copy of the order must be served upon the
person subpoenaed.
4. If it appears to the court that the subpoena was regularly
issued by the Board, the court shall enter an order compelling compliance
with the subpoena, and upon failure to obey the order the person must be
dealt with as for contempt of court.
(Added to NRS by 1991, 991; A 2005, 784 )
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 1991, 991; A 2003, 3457 ; 2005, 784 )
1. Except as otherwise provided in NRS 629.091 , a person shall not practice occupational
therapy, or represent that he is authorized to practice occupational
therapy, in this state unless he holds a current license issued pursuant
to this chapter.
2. A licensed occupational therapist shall directly supervise the
work of any person who assists him as an aide or technician.
3. A person who violates any provision of this section is guilty
of a misdemeanor.
(Added to NRS by 1991, 991; A 1995, 753)
