USA Statutes : nevada
Title : Title 54 - PROFESSIONS, OCCUPATIONS AND BUSINESSES
Chapter : CHAPTER 640B - ATHLETIC TRAINERS
The practice of athletic
training is hereby declared to be a learned profession, affecting public
health, safety and welfare, and subject to regulation to protect the
public from the practice of athletic training by unqualified persons and
from unprofessional conduct by persons who are licensed to engage in the
practice of athletic training.
(Added to NRS by 2003, 896 )
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 640B.011
to 640B.120 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 2003, 893 )
“Assessment” includes taking
the medical history of a patient, visually inspecting the injured portion
of the body and the associated structures, palpating the bony landmarks
and soft tissue and applying special tests to systematically assess the
pathology and extent of the injury or condition.
(Added to NRS by 2003, 894 )
“Athlete” means a natural person
who:
1. Participates in an athletic activity conducted by:
(a) An intercollegiate athletic association or interscholastic
athletic association; or
(b) A professional athletic organization; or
(c) An amateur athletic organization; or
2. Participates in a recreational sport activity that:
(a) Has officially designated coaches;
(b) Conducts regularly scheduled practices or workouts that are
supervised by coaches; and
(c) Has established schedules for competitive events or exhibitions.
(Added to NRS by 2003, 894 )
“Athletic injury” means
an injury or athletic-related illness, or both, that a person sustains as
a result of:
1. His participation in an athletic activity conducted by:
(a) An intercollegiate athletic association or interscholastic
athletic association; or
(b) A professional athletic organization; or
(c) An amateur athletic organization; or
2. His participation in a recreational sport activity that:
(a) Has officially designated coaches;
(b) Conducts regularly scheduled practices or workouts that are
supervised by coaches; and
(c) Has established schedules for competitive events or exhibitions.
(Added to NRS by 2003, 894 )
“Board” means the Board of Athletic
Trainers.
(Added to NRS by 2003, 894 )
“Direction” means an order
issued by a physician to follow as a protocol, recommendation or oral
order that is documented by the licensed athletic trainer or physician,
or both.
(Added to NRS by 2003, 894 )
“Disposition” means the
application of accepted management techniques to provide the appropriate
care and resources concerning an athletic injury.
(Added to NRS by 2003, 894 )
“Evaluation” includes, without
limitation, the use of joint range of motion, manual muscle tests,
ligamentous stress tests, neurological tests and functional capacity
assessments.
(Added to NRS by 2003, 894 )
“Grade 5 joint
mobilization” means the movement of a joint beyond its physiological and
capsular end point.
(Added to NRS by 2003, 894 )
“Graduate student athletic trainer” means a graduate student who:
1. Is enrolled in a graduate program of study approved by the
Board; and
2. Engages in the practice of athletic training under the
supervision of a licensed athletic trainer.
(Added to NRS by 2003, 894 )
“Joint mobilization”
means a learned, skilled, passive movement of articulating surfaces of a
person to relieve pain and restore functional movement of the
articulating surfaces without pain to the person. The term does not
include:
1. The diagnosis of a physical disability;
2. The massaging of the superficial soft tissues of the body;
3. The use of X rays or radium;
4. The use of electricity for cauterization or surgery;
5. Chiropractic adjustment as defined in NRS 634.014 ; or
6. Grade 5 joint mobilization.
(Added to NRS by 2003, 894 )
“License” means a license issued
pursuant to the provisions of this chapter.
(Added to NRS by 2003, 895 )
“Licensee” means a person who
has been issued a license as an athletic trainer pursuant to the
provisions of this chapter.
(Added to NRS by 2003, 895 )
“Management” means the act of
controlling or influencing an injury, illness or condition.
(Added to NRS by 2003, 895 )
“Passive
joint range of motion” means any movement of an articulating surface of a
person without the active assistance of that person, which is performed
with equipment or by another person.
(Added to NRS by 2003, 895 )
“Passive range of
motion” means any movement of a part of a person without the active
assistance of that person, which is performed with equipment or by
another person.
(Added to NRS by 2003, 895 )
“Physician” means:
1. A physician licensed pursuant to chapter 630 of NRS;
2. An osteopathic physician licensed pursuant to chapter 633
of NRS;
3. A homeopathic physician licensed pursuant to chapter 630A
of NRS;
4. A chiropractic physician licensed pursuant to chapter 634
of NRS; or
5. A podiatric physician licensed pursuant to chapter 635 of NRS.
(Added to NRS by 2003, 895 )
1. “Practice of athletic training” means:
(a) The prevention, recognition, assessment, management, treatment,
disposition or reconditioning of the athletic injury of an athlete:
(1) Whose condition is within the professional preparation
and education of the licensed athletic trainer; and
(2) That is performed under the direction of a physician;
(b) The organization and administration of programs of athletic
training;
(c) The administration of an athletic training room;
(d) The provision of information relating to athletic training to
members of the public; or
(e) Any combination of the activities described in paragraphs (a)
to (d), inclusive.
2. The term does not include the diagnosis of a physical
disability, massaging of the superficial soft tissues of the body or the
use of X rays, radium or electricity for cauterization or surgery.
(Added to NRS by 2003, 895 )
“Prevention” means the
application and implementation of physical conditioning programs,
preparticipation screening and the monitoring of risk factors that may
cause an athletic injury.
(Added to NRS by 2003, 895 )
“Recognition” means the
application of visual, verbal or tactile skills to acknowledge the
presence of an injury, illness or other condition with an understanding
of the predisposing factors of injury and pathomechanics, which assists
in the assessment of the injury, illness or other condition.
(Added to NRS by 2003, 895 )
“Reconditioning” means the
application of practical and didactic knowledge and functional criteria
to evaluate readiness for return to partial or full activities.
(Added to NRS by 2003, 895 )
“Student
athletic trainer” means an undergraduate student who:
1. Is enrolled in an undergraduate program of study approved by
the Board; and
2. Engages in the practice of athletic training under the
supervision of a licensed athletic trainer.
(Added to NRS by 2003, 896 )
“Supervision” means clinical
on-site direction given by a licensed athletic trainer to a student
athletic trainer or graduate student athletic trainer who is in the
direct line of sight and within hearing distance of the licensed athletic
trainer.
(Added to NRS by 2003, 896 )
“Treatment” means the
application of the necessary knowledge and skills to assess an injury,
illness or other condition and provide appropriate care.
(Added to NRS by 2003, 896 )
The provisions of this
chapter do not apply to:
1. A person who is licensed pursuant to chapters 630 to 637 , inclusive, or
chapter 640 or 640A of NRS, when acting within the scope of that
license.
2. A person who is employed by the Federal Government and engages
in the practice of athletic training within the scope of that employment.
3. A person who is employed as an athletic trainer outside this
state when engaging in the practice of athletic training within the scope
of that employment in connection with an athletic event held in this
state.
(Added to NRS by 2003, 896 )
A license issued pursuant to the provisions of this
chapter is a revocable privilege, and the holder of the license does not
acquire thereby any vested right.
(Added to NRS by 2003, 896 )
BOARD OF ATHLETIC TRAINERS
Organization and Administration
1. The Board of Athletic Trainers is hereby created.
2. The Governor shall appoint to the Board:
(a) Three members who:
(1) Are licensed as athletic trainers pursuant to the
provisions of this chapter; and
(2) Have engaged in the practice of athletic training or
taught or conducted research concerning the practice of athletic training
for the 5 years immediately preceding their appointment;
(b) One member who is licensed as a physical therapist pursuant to
chapter 640 of NRS and who is also licensed
as an athletic trainer pursuant to this chapter; and
(c) One member who is a representative of the public.
3. Each member of the Board:
(a) Must be a resident of this State; and
(b) May not serve more than two consecutive terms.
4. After the initial terms, the members of the Board must be
appointed to terms of 3 years.
5. A vacancy on the Board must be filled in the same manner as the
original appointment.
6. The Governor may remove a member of the Board for incompetence,
neglect of duty, moral turpitude or malfeasance in office.
7. No member of the Board may be held liable in a civil action for
any act he performs in good faith in the execution of his duties pursuant
to the provisions of this chapter.
8. The member of the Board who is a representative of the public
shall not participate in preparing or grading any examination required by
the Board.
(Added to NRS by 2003, 896 )
1. For the appointment of any member to the Board pursuant to
paragraph (a) of subsection 2 of NRS 640B.170 , the Nevada Athletic Trainers Association,
or its successor organization, shall, at least 30 days before the
beginning of a term of a member of the Board, or within 30 days after a
position on the Board becomes vacant, submit to the Governor the names of
not less than three persons or more than five persons who are qualified
for membership on the Board for each such position. The Governor shall
appoint new members or fill a vacancy from the list, or request a new
list.
2. For the appointment of a member to the Board pursuant to
paragraph (b) of subsection 2 of NRS 640B.170 , the Nevada Physical Therapists Association,
or its successor organization, and the Nevada Athletic Trainers
Association, or its successor organization, shall, at least 30 days
before the beginning of a term of a member of the Board, or within 30
days after a position on the Board becomes vacant, jointly prepare and
submit to the Governor a list of the names of not less than three persons
or more than five persons who are qualified for membership on the Board
for that position. The Governor shall appoint a new member or fill a
vacancy from the list, or request a new list.
3. If the Nevada Athletic Trainers Association or the Nevada
Physical Therapists Association, or the successor of any such
organization, fails to submit nominations for a position on the Board
within the periods prescribed in this section, the Governor may appoint
any qualified person.
(Added to NRS by 2003, 897 )
1. The Board shall:
(a) Elect from its members a Chairman at the first meeting of each
year; and
(b) Meet at least three times each year at the call of the Chairman
of the Board, or upon the written request of at least three members of
the Board.
2. A majority of the members of the Board constitutes a quorum for
the transaction of the business of the Board.
(Added to NRS by 2003, 897 )
1. The Board may employ an Executive Secretary and any other
persons necessary to carry out its duties.
2. The members of the Board are not entitled to receive a salary.
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 officers and employees of this State generally.
(Added to NRS by 2003, 898 )
The Board shall operate on the basis of
a fiscal year beginning on July 1 and ending on June 30.
(Added to NRS by 2003, 898 )
1. Except as otherwise provided in subsection 4, all reasonable
expenses incurred by the Board in carrying out the provisions of this
chapter must be paid from the money that it receives. No part of the
expenses of the Board may be paid from the State General Fund.
2. All money received by the Board must be deposited in a bank or
other financial institution in this State and paid out on its order for
its expenses.
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 fines and penalties related to that
disciplinary action and deposit the money from the fines and penalties in
a bank or other financial institution in this State.
4. If a hearing officer or panel is not authorized to take
disciplinary action pursuant to subsection 3, the Board shall deposit all
money collected from the imposition of fines and penalties with the State
Treasurer for credit to the State General Fund. If money has been
deposited in the State General Fund pursuant to this subsection, 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.
(Added to NRS by 2003, 898 ; A 2005, 784 )
General Powers and Duties
1. The Board shall prepare and maintain a separate list of:
(a) The licensees.
(b) The applicants for a license.
(c) The licensees whose licenses have been revoked or suspended
within the preceding year.
2. The Board shall, upon request, disclose the information
included in each list and may charge a fee for a copy of a list.
3. The Board shall:
(a) Prepare and maintain a record of its proceedings and
transactions;
(b) Adopt a seal of which each court in this State shall take
judicial notice; and
(c) Enforce the provisions of this chapter and any regulations
adopted pursuant thereto.
(Added to NRS by 2003, 897 )
The Board shall adopt
regulations to carry out the provisions of this chapter, including,
without limitation, regulations that establish:
1. The passing grades for the examinations required by NRS
640B.310 and 640B.320 ;
2. Appropriate criteria for determining whether an entity is an
intercollegiate athletic association, interscholastic athletic
association, professional athletic organization or amateur athletic
organization;
3. The standards of practice for athletic trainers; and
4. The requirements for continuing education for the renewal of a
license of an athletic trainer. The requirements must be at least
equivalent to the requirements for continuing education for the renewal
of a certificate of an athletic trainer issued by the National Athletic
Trainers Association Board of Certification or its successor organization.
(Added to NRS by 2003, 897 )
A member of the Board, an employee of the
Board or a person designated by the Board may inspect any office or
facility where a person is engaged in the practice of athletic training
to determine whether each person who is engaged in the practice of
athletic training in that office or facility is in compliance with the
provisions of this chapter and any regulations adopted pursuant thereto.
(Added to NRS by 2003, 898 )
LICENSES
General Provisions
1. Except as otherwise provided in subsection 2, unless he has
been issued a license as an athletic trainer by the Board pursuant to the
provisions of this chapter, a person shall not:
(a) Engage in the practice of athletic training;
(b) Hold himself out as licensed or qualified to engage in the
practice of athletic training; or
(c) Use in connection with his name any title, words, letters or
other designation intended to imply or designate him as a licensed
athletic trainer.
2. A student athletic trainer or graduate student athletic trainer
may engage in the practice of athletic training while under the
supervision of a licensed athletic trainer.
3. If the Board determines that a person has engaged, or is about
to engage, in any act or practice that constitutes, or will constitute, a
violation of the provisions of this section, the Board may make an
application to an appropriate court for an order enjoining that act or
practice, and upon a showing by the Board that the person has engaged, or
is about to engage, in that act or practice, the court shall issue an
injunction against that act or practice. Such an injunction does not
prevent a criminal prosecution for that act or practice.
(Added to NRS by 2003, 898 )
1. An applicant for a license as an athletic trainer must:
(a) Be of good moral character;
(b) Be a citizen of the United States or lawfully entitled to
remain and work in the United States;
(c) Have at least a bachelor’s degree in a program of study
approved by the Board;
(d) Submit an application on a form provided by the Board;
(e) Submit a complete set of his fingerprints and written
permission authorizing the Board to forward the fingerprints to the
Central Repository for Nevada Records of Criminal History for submission
to the Federal Bureau of Investigation for its report;
(f) Pay the fees prescribed by the Board pursuant to NRS 640B.410
, which are not refundable; and
(g) Except as otherwise provided in subsection 2 and NRS 640B.320
, pass the examination prepared by the
National Athletic Trainers Association Board of Certification or its
successor organization.
2. An applicant who submits proof of his current certification as
an athletic trainer by the National Athletic Trainers Association Board
of Certification, or its successor organization, is not required to pass
the examination required by paragraph (g) of subsection 1.
3. An applicant who fails the examination may not reapply for a
license for at least 1 year after the date on which he submitted his
application to the Board.
(Added to NRS by 2003, 899 ; A 2005, 228 )
If the National
Athletic Trainers Association Board of Certification, or its successor
organization, if any, ceases to exist or ceases to prepare the
examination required by NRS 640B.310 ,
the Board shall designate another appropriate national organization to
prepare the test. If the Board determines that no such organization
exists, the Board shall prepare or cause to be prepared a test which must
be offered not less than two times each year.
(Added to NRS by 2003, 899 )
1. Except as otherwise provided in subsection 2, the Board shall
issue a license as an athletic trainer, without examination, to an
applicant who is licensed to engage in the practice of athletic training
in another state, territory or possession of the United States, or the
District of Columbia if the applicant submits to the Board:
(a) An application on a form prescribed by the Board; and
(b) The fees prescribed by the Board pursuant to NRS 640B.410
.
2. The Board shall not issue a license pursuant to this section
unless the jurisdiction in which the applicant is licensed had
requirements at the time the license was issued that the Board determines
are substantially equivalent to the requirements for a license as an
athletic trainer set forth in this chapter.
(Added to NRS by 2003, 900 )
[Effective until the date of the repeal of the federal law requiring each
state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings.]
1. In addition to any other requirements set forth in this chapter:
(a) An applicant for the issuance of a license to engage in the
practice of athletic training shall include the social security number of
the applicant in the application submitted to the Board.
(b) An applicant for the issuance or renewal of a license to engage
in the practice of athletic training shall submit to the Board the
statement prescribed by the Division of Welfare and Supportive Services
of the Department of Health and Human Services pursuant to NRS 425.520
. The statement must be completed and
signed by the applicant.
2. The Board shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the license; or
(b) A separate form prescribed by the Board.
3. A license to engage in the practice of athletic training 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 2003, 899 ; A 2005, 2755 , 2814 )
[Effective on the date of the repeal of the federal law requiring each
state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings and expires by limitation 2
years after that date.]
1. In addition to any other requirements set forth in this
chapter, an applicant for the issuance or renewal of a license to engage
in the practice of athletic training shall submit to the Board the
statement prescribed by the Division of Welfare and Supportive Services
of the Department of Health and Human Services pursuant to NRS 425.520
. The statement must be completed and
signed by the applicant.
2. The Board shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the license; or
(b) A separate form prescribed by the Board.
3. A license to engage in the practice of athletic training 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 2003, 899 ; A 2005, 2755 , 2814 , 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)
Each person licensed to practice
as an athletic trainer shall display his license conspicuously at each
place where he engages in the practice of athletic training.
(Added to NRS by 2003, 900 )
Scope of Practice
1. A person who is licensed as an athletic trainer shall not
conduct an evaluation of an athletic injury or perform joint mobilization
unless the person has earned at least a master’s degree in athletic
training or a comparable area of study, as determined by the Board.
2. A person who is licensed as an athletic trainer and has not
earned a master’s degree in athletic training or a comparable area of
study, as determined by the Board, may perform passive range of motion or
passive joint range of motion.
(Added to NRS by 2003, 901 )
Expiration and Renewal; Fees
1. Each license to engage in the practice of athletic training
expires on June 30 of each year and may be renewed if, before the license
expires, the licensee submits to the Board:
(a) An application on a form prescribed by the Board;
(b) Proof of his completion of the requirements for continuing
education prescribed by the Board pursuant to NRS 640B.260 ; and
(c) The fee for the renewal of his license prescribed by the Board
pursuant to NRS 640B.410 .
2. A license that expires pursuant to the provisions of this
section may be restored if the applicant:
(a) Complies with the provisions of subsection 1;
(b) Submits to the Board proof of his ability to engage in the
practice of athletic training; and
(c) Submits to the Board:
(1) The fee for the restoration of an expired license; and
(2) For each year that the license was expired, the fee for
the renewal of a license prescribed by the Board pursuant to NRS 640B.410
.
3. If the Board determines that an applicant has not submitted
satisfactory proof of his ability to engage in the practice of athletic
training, the Board may require the applicant to:
(a) Pass an examination prescribed by the Board; and
(b) Engage in the practice of athletic training under the
supervision of a person designated by the Board for a period prescribed
by the Board.
(Added to NRS by 2003, 901 )
The Board shall, by regulation, prescribe the
following fees which must not exceed:
Application for a
license....................................................................
................... $250
Examination for a
license....................................................................
..................... 350
Application for a license without
examination.................................................... 350
Annual renewal of a
license....................................................................
............... 350
Restoration of an expired
license....................................................................
....... 350
Issuance of a duplicate
license....................................................................
............ 50
(Added to NRS by 2003, 901 )
DISCIPLINARY ACTION
1. The Board may refuse to issue a license to an applicant or may
take disciplinary action against a licensee if, after notice and a
hearing as required by law, the Board determines that the applicant or
licensee:
(a) Has submitted false or misleading information to the Board or
any agency of this State, any other state, the Federal Government or the
District of Columbia;
(b) Has violated any provision of this chapter or any regulation
adopted pursuant thereto;
(c) Has been convicted of a felony, a crime relating to a
controlled substance or a crime involving moral turpitude;
(d) Is addicted to alcohol or any controlled substance;
(e) Has violated the provisions of NRS 200.5093 , 200.50935 or 432B.220 ;
(f) Is guilty of gross negligence in his practice as an athletic
trainer;
(g) Is not competent to engage in the practice of athletic training;
(h) Has failed to provide information requested by the Board within
60 days after he received the request;
(i) Has engaged in unethical or unprofessional conduct as it
relates to the practice of athletic training;
(j) Has been disciplined in another state, a territory or
possession of the United States, or the District of Columbia for conduct
that would be a violation of the provisions of this chapter or any
regulations adopted pursuant thereto if the conduct were committed in
this State;
(k) Has solicited or received compensation for services that he did
not provide;
(l) If the licensee is on probation, has violated the terms of his
probation; or
(m) Has terminated his professional services to a client in a
manner that detrimentally affected that client.
2. The Board may, if it determines that an applicant for a license
or a licensee has committed any of the acts set forth in subsection 1,
after notice and a hearing as required by law:
(a) Refuse to issue a license to the applicant;
(b) Refuse to renew or restore the license of the licensee;
(c) Suspend or revoke the license of the licensee;
(d) Place the licensee on probation;
(e) Impose an administrative fine of not more than $5,000;
(f) Require the applicant or licensee to pay the costs incurred by
the Board to conduct the investigation and hearing; or
(g) Impose any combination of actions set forth in paragraphs (a)
to (f), inclusive.
3. The Board shall not issue a private reprimand to a licensee.
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 2003, 901 ; A 2005, 785 , 1118 )
[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 licensee, the Board shall deem the
license to be suspended at the end of the 30th day after the date the
court order was issued unless the Board receives a letter issued to the
licensee by the district attorney or other public agency pursuant to NRS
425.550 stating that the licensee has
complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560 .
2. The Board shall reinstate a license 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 licensee stating that the licensee has
complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560 .
(Added to NRS by 2003, 900 ; A 2005, 2814 )
1. In a manner consistent with the provisions of chapter 622A
of NRS, the Board may conduct
investigations and hold hearings to carry out its duties pursuant to the
provisions of this chapter.
2. In such a hearing:
(a) Any member of the Board may administer oaths and examine
witnesses; and
(b) The Board or any member thereof may issue subpoenas to compel
the attendance of witnesses and the production of books and papers.
3. Each witness who is subpoenaed to appear before 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. If 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 money of the Board.
4. If any person fails to comply with the subpoena within 10 days
after it is issued, the Chairman of the Board may petition a court of
competent jurisdiction for an order of the court compelling compliance
with the subpoena.
5. 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.
6. 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. The failure of the person to obey the order is a
contempt of the court that issued the order.
(Added to NRS by 2003, 902 ; A 2005, 786 )
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, 903 ; A 2005, 786 )
UNLAWFUL ACTS; PENALTIES
1. A person who violates any provision of this chapter is guilty
of a gross misdemeanor and shall be punished by a fine of not more than
$2,000 for each offense.
2. If the Board has reason to believe that a person has violated a
provision of this chapter or a regulation adopted pursuant thereto, the
Board shall report the facts to the district attorney of the county where
the violation occurred, who may cause appropriate criminal proceedings to
be brought against that person.
(Added to NRS by 2003, 903 )
