[Rev. 2/11/2015 11:43:07
AM--2014R2]
CHAPTER 632 - NURSING
GENERAL PROVISIONS
NRS 632.005 Legislative
declaration.
NRS 632.010 Definitions.
NRS 632.011 “Accredited
school of nursing” defined.
NRS 632.0112 “Accredited
school of practical nursing” defined.
NRS 632.0114 “Accredited
school of professional nursing” defined.
NRS 632.012 “Advanced
practice registered nurse” defined.
NRS 632.0125 “Agency
to provide nursing in the home” defined.
NRS 632.0126 “Approved
school of nursing” defined.
NRS 632.01262 “Approved
school of practical nursing” defined.
NRS 632.01264 “Approved
school of professional nursing” defined.
NRS 632.01265 “Authorized
medications” defined.
NRS 632.0127 “Basic
nursing services” defined.
NRS 632.013 “Board”
defined.
NRS 632.0135 “Certificate”
defined.
NRS 632.014 “Certified
registered nurse anesthetist” defined.
NRS 632.0145 “Designated
facility” defined.
NRS 632.015 “Emergency”
defined.
NRS 632.0155 “Facility
for long-term care” defined.
NRS 632.016 “Licensed
practical nurse” defined.
NRS 632.0162 “Licensee”
defined.
NRS 632.0164 “Medical
facility” defined.
NRS 632.0165 “Medication
aide - certified” defined.
NRS 632.0166 “Nursing
assistant” defined.
NRS 632.0168 “Nursing
assistant trainee” defined.
NRS 632.0169 “Practice
of nursing” defined.
NRS 632.017 “Practice
of practical nursing” defined.
NRS 632.018 “Practice
of professional nursing” defined.
NRS 632.019 “Registered
nurse” defined.
NRS 632.0195 “System
for the delivery of health care” defined.
STATE BOARD OF NURSING
NRS 632.020 Creation;
number of members.
NRS 632.030 Qualifications
of members; duration of term; consecutive terms.
NRS 632.040 Time
for filling vacancies.
NRS 632.050 Removal
of member.
NRS 632.060 Officers;
Executive Director.
NRS 632.065 Offices
and employees of Board.
NRS 632.068 Limitations
on liability of members, employees and agents of Board.
NRS 632.070 Meetings;
quorum; examinations.
NRS 632.072 Advisory
Committee on Nursing Assistants and Medication Aides: Creation; appointment;
duties.
NRS 632.073 Authority
to appoint advisory committees; reimbursement of members for actual expenses.
NRS 632.080 Compensation;
per diem allowances and travel expenses; payment from money of Board.
NRS 632.085 Fiscal
year.
NRS 632.090 Deposit
and use of money; delegation of authority concerning disciplinary action; deposit
of fines; claim for attorney’s fees or costs of investigation.
NRS 632.100 Records
and publications of Board.
NRS 632.120 Duties;
regulations; additional fees.
NRS 632.121 Board
required to notify Division of Public and Behavioral Health of Department of
Health and Human Services upon identification of certain sentinel events.
NRS 632.122 Acceptance
of gifts, grants and payments; contracts.
NRS 632.125 Hospitals
and agencies employing nurses, nursing assistants or medication aides -
certified to submit list of personnel to Board; medical facilities to confirm
qualifications before employment of nursing assistant, nursing assistant
trainee or medication aide - certified.
NRS 632.126 Inspection
of premises by Board.
NRS 632.127 List
of approved training programs; Board to share information with state agency
concerning disciplinary action against nursing assistants or medication aides -
certified employed in agency’s facilities.
PROFESSIONAL NURSING
NRS 632.140 Qualifications
and fee for applicants for license.
NRS 632.150 Examination
of applicants and issuance of licenses.
NRS 632.160 Admission
to practice without examination.
NRS 632.170 Outstanding
licenses or registrations not affected.
NRS 632.235 Authorized
acts under emergency or special conditions.
NRS 632.237 Advanced
practice registered nurse: Certificate of recognition; practice; regulations;
exceptions.
NRS 632.238 Advanced
practice registered nurse: Requirement to maintain professional liability
insurance.
NRS 632.240 System
for delivery of health care: Nursing services must be supervised by chief
administrative nurse.
PRACTICAL NURSING
NRS 632.270 Qualifications
of applicant for license.
NRS 632.280 Issuance
of license; admission without examination.
NURSING ASSISTANTS
NRS 632.285 Practicing
or offering to practice without certificate unlawful; enforcement.
NRS 632.2852 Application
for certificate; certification by examination or by endorsement; issuance of
certificate.
NRS 632.2856 Training
programs; regulations.
NRS 632.2858 Examination
of applicants.
MEDICATION AIDES - CERTIFIED
NRS 632.291 Practicing
or offering to practice without certificate unlawful; enforcement.
NRS 632.292 Application
for certificate; certification by endorsement; issuance of certificate.
NRS 632.293 Designation
of types of medical facilities that may employ medication aides - certified;
notice.
NRS 632.294 Authorized
services that may be provided by medication aide - certified; restrictions on
scope of practice; regulations by Board regarding scope of practice.
NRS 632.296 Unlawful
acts.
LICENSING AND CERTIFICATION GENERALLY; FEES
NRS 632.300 Temporary
license or certificate.
NRS 632.305 Interim
permit.
NRS 632.307 Nondisciplinary
condition, limitation or restriction placed on license or certificate by Board.
NRS 632.310 Investigation
of actions of licensee or holder of certificate by Board or Executive Director;
request by Board for complete name and work assignments of licensee, nursing
assistant or medication aide - certified under investigation by Board;
retention of complaints.
NRS 632.315 Practicing
or offering to practice nursing without license unlawful; enforcement.
NRS 632.320 Grounds
for denial, revocation or suspension of license or certificate or other
disciplinary action.
NRS 632.322 Suspension
of license or certificate for failure to pay child support or comply with
certain subpoenas or warrants; reinstatement of license or certificate.
[Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, 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.]
NRS 632.325 Authorized
disciplinary action; private reprimands prohibited; orders imposing discipline
deemed public records.
NRS 632.330 Regulations
concerning reissuance of license or certificate after revocation.
NRS 632.340 Exemptions
from required licensing or certification.
NRS 632.3405 Board
prohibited from issuing or renewing license unless applicant attests to
knowledge of and compliance with certain guidelines related to safe and
appropriate injection practices.
NRS 632.341 Renewal
and reinstatement of licenses; transfer to inactive list.
NRS 632.342 Renewal
of certificate.
NRS 632.3425 Renewal
of suspended license or certificate.
NRS 632.343 Continuing
education: Prerequisite to renewal of license; exemption; review of courses by
Board; required and recommended courses.
NRS 632.344 Applicant
for license or certificate to submit set of fingerprints to Board.
NRS 632.3446 Payment
of child support: Submission of certain information by applicant; grounds for
denial of license or certificate; duty of Board. [Effective until the date of
the repeal of 42 U.S.C. § 666, 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.]
NRS 632.3446 Payment
of child support: Submission of certain information by applicant; grounds for
denial of license or certificate; duty of Board. [Effective on the date of the
repeal of 42 U.S.C. § 666, 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.]
NRS 632.345 Fees.
DISCIPLINARY PROCEEDINGS
NRS 632.350 Filing
of administrative complaint and service of notice required; right to obtain
certain documents in possession of Board; hearing.
NRS 632.355 Delegation
of authority to conduct hearing concerning discipline of licensee or holder of
certificate.
NRS 632.360 Issuance
of subpoenas; service of process.
NRS 632.380 Depositions
of witnesses.
NRS 632.390 Power
of district court to compel attendance of witness and production of books and
papers.
NRS 632.400 Time
for rendering decision; notice of decision required; effective date of
decision.
NRS 632.405 Certain
records relating to investigation deemed confidential; certain records relating
to disciplinary action deemed public records; communication and cooperation
with other agencies.
NURSING SCHOOLS
NRS 632.430 Schools
of practical nursing: Standards and curricula; approval by Board; removal from
approved list for just cause.
NRS 632.440 Schools
of professional nursing: Standards and curricula; approval by Board.
NRS 632.460 Schools
of professional nursing: Survey and written report required before approval.
NRS 632.470 Schools
of professional nursing: Periodic survey of approved schools; acceptance of
survey from nationally recognized association; reports and recommendations;
notice of deficiencies; effect of failure to remedy deficiencies.
MISCELLANEOUS PROVISIONS
NRS 632.472 Persons
required to report on conduct of licensees or holders of certificates;
voluntary reports; immunity from civil liability.
NRS 632.473 Treatment
of patients by nurse employed by Department of Corrections.
NRS 632.474 Pronouncement
of death by registered nurse.
NRS 632.475 Unlawful
to require participation in abortion.
NRS 632.476 Employer
of licensee, nursing assistant or medication aide - certified required to
prepare and maintain record of work assignments.
NRS 632.477 Identification
including surname of licensee prohibited.
NRS 632.480 Injunctions
against violations of chapter.
NRS 632.490 Prosecution
of violators.
NRS 632.495 Citations.
NRS 632.500 Penalties.
_________
GENERAL PROVISIONS
NRS 632.005 Legislative declaration. The
Legislature hereby declares that the practice of nursing is a learned
profession affecting the safety, health and welfare of the public and is
subject to regulation to protect the public from the practice of nursing by
unqualified and unlicensed persons and from unprofessional conduct by persons
licensed to practice nursing. The Legislature further declares that the purpose
of the State Board of Nursing is to regulate the practice of nursing and to
enforce the provisions of this chapter.
(Added to NRS by 1995, 1648)
NRS 632.010 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 632.011 to 632.0195, inclusive, have the meanings ascribed to
them in those sections.
[2:256:1947; A 1949, 536; 1943 NCL § 4756.02] +
[2:154:1949; 1943 NCL § 4759.02]—(NRS A 1963, 608; 1973, 522; 1977, 189; 1979, 1870; 1987, 1526; 1989, 2013, 2050; 1999, 1324; 2003, 336; 2011, 1326)
NRS 632.011 “Accredited school of nursing” defined. “Accredited
school of nursing” means a school of nursing which is accredited by a
nationally recognized association or an agency authorized by law to accredit
schools of nursing in the state in which the school is located.
(Added to NRS by 1987, 1524; A 1999, 1324; 2003, 336)
NRS 632.0112 “Accredited school of practical nursing” defined. “Accredited school of practical nursing” means
a school of practical nursing which is accredited by a nationally recognized
association or an agency authorized by law to accredit schools of practical
nursing in the state in which the school is located.
(Added to NRS by 2003, 335)
NRS 632.0114 “Accredited school of professional nursing” defined. “Accredited school of professional nursing”
means a school of professional nursing which is accredited by a nationally
recognized association or an agency authorized by law to accredit schools of
professional nursing in the state in which the school is located.
(Added to NRS by 2003, 336)
NRS 632.012 “Advanced practice registered nurse” defined. “Advanced practice registered nurse” means a
registered nurse who:
1. Has specialized skills, knowledge and
experience; and
2. Is licensed by the Board to provide
services in addition to those that other registered nurses are authorized to
provide.
(Added to NRS by 1987, 1524; A 1991, 790; 2013, 2071)
NRS 632.0125 “Agency to provide nursing in the home” defined. “Agency to provide nursing in the home” has
the meaning ascribed to it in NRS 449.0015.
(Added to NRS by 1989, 2007)
NRS 632.0126 “Approved school of nursing” defined. “Approved
school of nursing” means a school of nursing that is approved by the Board as
meeting the standards for nursing education established by the Board pursuant
to NRS 632.430 to 632.470,
inclusive.
(Added to NRS by 1999, 1324; A 2007, 1827)
NRS 632.01262 “Approved school of practical nursing” defined. “Approved school of practical nursing” means a
school of practical nursing that is approved by the Board as meeting the standards
for practical nursing education established by the Board pursuant to NRS 632.430.
(Added to NRS by 2003, 336)
NRS 632.01264 “Approved school of professional nursing” defined. “Approved school of professional nursing”
means a school of professional nursing that is approved by the Board as meeting
the standards for professional nursing education established by the Board
pursuant to NRS 632.440, 632.460
and 632.470.
(Added to NRS by 2003, 336)
NRS 632.01265 “Authorized medications” defined. “Authorized
medications” means all prescription and nonprescription drugs and medications
other than controlled substances.
(Added to NRS by 2011, 1324)
NRS 632.0127 “Basic nursing services” defined. “Basic
nursing services” means the performance of acts designated by the Board which
are within the practice of nursing under the direction of a registered nurse or
a licensed practical nurse that do not require the substantial specialized
skill, judgment and knowledge required of a registered nurse or licensed
practical nurse.
(Added to NRS by 1989, 2007)
NRS 632.013 “Board” defined. “Board”
means the State Board of Nursing.
(Added to NRS by 1987, 1524)
NRS 632.0135 “Certificate” defined. “Certificate”
means a document which authorizes a person to practice as a nursing assistant
or medication aide - certified.
(Added to NRS by 1989, 2007; A 2011, 1326)
NRS 632.014 “Certified registered nurse anesthetist” defined. “Certified registered nurse anesthetist” means
a registered nurse who:
1. Has completed a nationally accredited
program in the science of anesthesia; and
2. Is certified by the Board to administer
anesthetic agents to a person under the care of a licensed physician, a
licensed dentist or a licensed podiatric physician.
(Added to NRS by 1987, 1524; A 1993, 2217)
NRS 632.0145 “Designated facility” defined. “Designated
facility” means a medical facility designated by the Board as a facility in
which medication aides - certified may practice.
(Added to NRS by 2011, 1324)
NRS 632.015 “Emergency” defined. “Emergency”
means an unforeseen combination of circumstances calling for immediate action.
(Added to NRS by 1987, 1525)
NRS 632.0155 “Facility for long-term care” defined. “Facility
for long-term care” means a facility for intermediate care, as defined in NRS 449.0038, or a facility for skilled
nursing, as defined in NRS 449.0039.
(Added to NRS by 1989, 2007)
NRS 632.016 “Licensed practical nurse” defined. “Licensed
practical nurse” means a person who is licensed to practice practical nursing
as provided in this chapter.
(Added to NRS by 1987, 1525)
NRS 632.0162 “Licensee” defined. “Licensee”
means a person licensed pursuant to this chapter.
(Added to NRS by 1989, 2050)
NRS 632.0164 “Medical facility” defined. “Medical
facility” has the meaning ascribed to it in NRS
449.0151.
(Added to NRS by 1989, 2008)
NRS 632.0165 “Medication aide - certified” defined. “Medication
aide - certified” means a nursing assistant who is certified by the Board to
administer authorized medications in designated facilities.
(Added to NRS by 2011, 1324)
NRS 632.0166 “Nursing assistant” defined.
1. “Nursing assistant” means a person who,
under the direction of a licensed nurse, performs basic restorative services
and basic nursing services which are directed at the safety, comfort, personal
hygiene, basic mental health and protection of patients and the protection of
the rights of patients.
2. The term does not include a person who
is employed by this State or under contract with this State to provide, or
assist in the provision of, personal care of other persons if he or she does
not primarily perform acts that are within the authorized scope of practice of
a nursing assistant.
(Added to NRS by 1989, 2008; A 1997, 922; 1999, 1324)
NRS 632.0168 “Nursing assistant trainee” defined. “Nursing
assistant trainee” means a person who is:
1. Enrolled in a training program required
for certification as a nursing assistant; or
2. Awaiting the results of a certification
examination.
(Added to NRS by 1989, 2008)
NRS 632.0169 “Practice of nursing” defined. “Practice
of nursing” means the general observation, diagnosis and treatment of changes
in a person’s health. The term does not include acts of medical diagnosis or
prescription of therapeutic or corrective measures, except as authorized by
specific statute.
(Added to NRS by 1989, 2050)
NRS 632.017 “Practice of practical nursing” defined. “Practice of practical nursing” means the
performance of selected acts in the care of the ill, injured or infirm under
the direction of a registered professional nurse, an advanced practice
registered nurse, a licensed physician, a physician assistant licensed pursuant
to chapter 630 or 633 of NRS, a licensed dentist or a licensed
podiatric physician, not requiring the substantial specialized skill, judgment
and knowledge required in professional nursing.
(Added to NRS by 1987, 1525; A 1993, 2218; 1999, 1325; 2001, 1, 792; 2007, 1828; 2013, 2071)
NRS 632.018 “Practice of professional nursing” defined. “Practice of professional nursing” means the
performance of any act in the observation, care and counsel of the ill, injured
or infirm, in the maintenance of health or prevention of illness of others, in
the supervision and teaching of other personnel, in the administration of
medications and treatments as prescribed by an advanced practice registered
nurse, a licensed physician, a physician assistant licensed pursuant to chapter 630 or 633
of NRS, a licensed dentist or a licensed podiatric physician, requiring
substantial specialized judgment and skill based on knowledge and application
of the principles of biological, physical and social science, but does not
include acts of medical diagnosis or prescription of therapeutic or corrective
measures.
(Added to NRS by 1987, 1525; A 1993, 2218; 1999, 1325; 2001, 2, 792; 2007, 1828; 2013, 2071)
NRS 632.019 “Registered nurse” defined. “Registered
nurse” means a person who is licensed to practice professional nursing.
(Added to NRS by 1987, 1524)
NRS 632.0195 “System for the delivery of health care” defined. “System for the delivery of health care” means
a licensed medical facility, as defined in NRS
449.0151, or other organization that provides organized nursing services.
(Added to NRS by 1999, 1324)
STATE BOARD OF NURSING
NRS 632.020 Creation; number of members. The
State Board of Nursing, consisting of seven members appointed by the Governor,
is hereby created.
[Part 3:256:1947; 1943 NCL § 4756.03]—(NRS A 1963,
609; 1973, 523; 1977,
1251)
NRS 632.030 Qualifications of members; duration of term; consecutive terms.
1. The Governor shall appoint:
(a) Three registered nurses who are graduates of
an accredited school of nursing, are licensed as professional nurses in the
State of Nevada and have been actively engaged in nursing for at least 5 years
preceding the appointment.
(b) One practical nurse who is a graduate of an
accredited school of practical nursing, is licensed as a practical nurse in
this State and has been actively engaged in nursing for at least 5 years
preceding the appointment.
(c) One nursing assistant who is certified
pursuant to the provisions of this chapter.
(d) One member who represents the interests of
persons or agencies that regularly provide health care to patients who are
indigent, uninsured or unable to afford health care. This member may be
licensed under the provisions of this chapter.
(e) One member who is a representative of the
general public. This member must not be:
(1) A licensed practical nurse, a
registered nurse, a nursing assistant or an advanced practice registered nurse;
or
(2) The spouse or the parent or child, by
blood, marriage or adoption, of a licensed practical nurse, a registered nurse,
a nursing assistant or an advanced practice registered nurse.
2. Each member of the Board must be:
(a) A citizen of the United States; and
(b) A resident of the State of Nevada who has
resided in this State for not less than 2 years.
3. A representative of the general public
may not:
(a) Have a fiduciary obligation to a hospital or
other health agency;
(b) Have a material financial interest in the
rendering of health services; or
(c) Be employed in the administration of health
activities or the performance of health services.
4. The members appointed to the Board
pursuant to paragraphs (a) and (b) of subsection 1 must be selected to provide
the broadest representation of the various activities, responsibilities and
types of service within the practice of nursing and related areas, which may
include, without limitation, experience:
(a) In administration.
(b) In education.
(c) As an advanced practice registered nurse.
(d) In an agency or clinic whose primary purpose
is to provide medical assistance to persons of low and moderate incomes.
(e) In a licensed medical facility.
5. Each member of the Board shall serve a
term of 4 years. If a vacancy occurs during a member’s term, the Governor shall
appoint a person qualified under this chapter to replace that member for the
remainder of the unexpired term.
6. No member of the Board may serve more
than two consecutive terms. For the purposes of this subsection, service of 2
or more years in filling an unexpired term constitutes a term.
[Part 3:256:1947; 1943 NCL § 4756.03]—(NRS A 1963,
609; 1973, 523; 1977,
1251; 1983,
256; 1995,
1649; 2003,
1191; 2007,
1828; 2013,
2071)
NRS 632.040 Time for filling vacancies. All
appointments to the Board must be made by the Governor within 60 days from the
time a vacancy occurs.
[Part 3:256:1947; 1943 NCL § 4756.03]—(NRS A 1963,
610; 1977, 1252;
1981, 525)
NRS 632.050 Removal of member. The
prevailing laws of the State of Nevada controlling the removal from office of
public officials shall be applicable to the removal of any member of the Board
during his or her term of office.
[4:256:1947; 1943 NCL § 4756.04]
NRS 632.060 Officers; Executive Director.
1. Each year at a meeting of the Board, to
be held in accordance with NRS 632.070, the Board
shall elect from its members a President, a Vice President and a Secretary.
2. The Board may appoint an Executive
Director who need not be a member of the Board. The Executive Director
appointed by the Board must be a professional nurse licensed to practice
nursing in the State of Nevada. The Executive Director shall perform such
duties as the Board may direct and is entitled to receive compensation as set
by the Board. The Executive Director is entitled to receive 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.
[Part 5:256:1947; A 1955, 608]—(NRS A 1963, 150, 610;
1971, 224; 1983,
256; 1989,
1697; 1991,
318)
NRS 632.065 Offices and employees of Board. The
Board may:
1. Maintain offices in as many localities
in the State as it finds necessary to carry out the provisions of this chapter.
2. Employ attorneys, investigators and
other professional consultants and clerical personnel necessary to the
discharge of its duties.
(Added to NRS by 1963, 150)
NRS 632.068 Limitations on liability of members, employees and agents of
Board. A member of the Board or an
employee or agent of the Board is not liable in a civil action for any act
performed in good faith and within the scope of the duties of the Board
pursuant to the provisions of this chapter.
(Added to NRS by 1999, 1324)
NRS 632.070 Meetings; quorum; examinations.
1. The Board shall meet at least three
times a year at approximately 4-month intervals for the purpose of transacting
such business as may properly come before the Board.
2. The Board shall hold not less than one
examination each year at such times and places as the Board may determine.
3. Special meetings of the Board may be
held on the call of the President or upon the call of any three members. A
written notice of the time, place and object of any special meeting must be
mailed by the Executive Director to all members of the Board who are not
parties to the call at least 15 days prior to the day of such meeting.
4. A majority of the Board constitutes a
quorum at any meeting.
[Part 5:256:1947; A 1955, 608]—(NRS A 1963, 611;
1973, 524; 1983,
257)
NRS 632.072 Advisory Committee on Nursing Assistants and Medication Aides:
Creation; appointment; duties.
1. The Advisory Committee on Nursing
Assistants and Medication Aides, consisting of 11 members appointed by the
Board, is hereby created.
2. The Board shall appoint to the Advisory
Committee:
(a) One representative of facilities for
long-term care;
(b) One representative of medical facilities
which provide acute care;
(c) One representative of agencies to provide
nursing in the home;
(d) One representative of the Division of Public
and Behavioral Health of the Department of Health and Human Services;
(e) One representative of the Division of Health
Care Financing and Policy of the Department of Health and Human Services;
(f) One representative of the Aging and
Disability Services Division of the Department of Health and Human Services;
(g) One representative of the American
Association of Retired Persons or a similar organization;
(h) A nursing assistant;
(i) A registered nurse;
(j) A licensed practical nurse; and
(k) A medication aide - certified.
3. The Advisory Committee shall advise the
Board with regard to matters relating to nursing assistants and medication
aides - certified.
(Added to NRS by 1989, 2008; A 1999, 2239; 2011, 1326)
NRS 632.073 Authority to appoint advisory committees; reimbursement of
members for actual expenses.
1. In addition to the Advisory Committee
on Nursing Assistants and Medication Aides created by NRS
632.072, the Board may appoint such other advisory committees as it deems
appropriate.
2. The members of any advisory committee
appointed pursuant to subsection 1 are not entitled to be paid a salary or to
receive per diem allowances for conducting the business of the advisory
committee, but the Board may authorize reimbursement for the actual expenses
incurred by a member for traveling to and from a meeting of the advisory
committee.
(Added to NRS by 1995, 1649; A 2011, 1326)
NRS 632.080 Compensation; per diem allowances and travel expenses; payment
from money of Board.
1. The compensation of the members of the
Board must be fixed by the Board, but may not exceed $150 for each day spent by
each member in the discharge of his or her official duties.
2. While engaged in the discharge of his
or her official duties, each member and employee of the Board is entitled to
receive a per diem allowance and travel expenses at a rate fixed by the Board.
The rate must not exceed the rate provided for state officers and employees
generally.
3. All compensation, per diem allowances
and travel expenses of the members and employees of the Board must be paid out
of the money of the Board.
[Part 5:256:1947; A 1955, 608]—(NRS A 1963, 151, 611;
1971, 224; 1975, 303; 1979, 719; 1981, 1992; 1985, 444; 1989, 1698; 1999, 1325; 2007, 2946)
NRS 632.085 Fiscal year. 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, 150)
NRS 632.090 Deposit and use of money; delegation of authority concerning
disciplinary action; deposit of fines; claim for attorney’s fees or costs of
investigation.
1. Except as otherwise provided in
subsection 3, all money received by the Board under the provisions of this
chapter must be paid to the Executive Director of the Board, who shall deposit
the money in banks, credit unions or savings and loan associations in the State
of Nevada. The money may be drawn on by the Board for payment of all expenses
incurred in the administration of the provisions of this chapter.
2. 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 therefor and deposit the money
therefrom in banks, credit unions or savings and loan associations in this
State.
3. If a hearing officer or panel is not
authorized to take disciplinary action pursuant to subsection 2 and the Board
deposits the money collected from the imposition of fines with the State
Treasurer for credit to the State General Fund, it may present a claim to the
State Board of Examiners for recommendation to the Interim Finance Committee if
money is needed to pay attorney’s fees or the costs of an investigation, or
both.
[14:256:1947; 1943 NCL § 4756.14]—(NRS A 1963, 151,
611; 1969, 66; 1983,
257; 1993,
885; 1999,
1532)
NRS 632.100 Records and publications of Board.
1. The Board shall make and keep a complete
record of all its proceedings, including, without limitation:
(a) A file of all applications for licenses and
certificates under this chapter, together with the action of the Board upon
each application;
(b) A register of all nurses licensed and all
nursing assistants certified in this State; and
(c) Documentation of any disciplinary action
taken by the Board against a licensee or holder of a certificate.
2. The Board shall maintain in its main
office a public docket or other record in which it shall record, from time to
time as made, the rulings or decisions upon all complaints filed with it, and
all investigations instituted by it in the first instance, upon or in
connection with which any hearing has been had, or in which the licensee or
holder of a certificate charged has made no defense.
3. At least semiannually, the Board shall
publish a list of the names of all applicants whose applications were denied
within the immediately preceding year and all licensees and holders of
certificates who were the subject of disciplinary action within the immediately
preceding year, together with such other information relative to the
enforcement of the provisions of this chapter as it may deem of interest to the
public.
[Part 5:256:1947; A 1955, 608] + [Part 7:154:1949; A
1955, 547] + [Part 16:256:1947; A 1955, 608]—(NRS A 1963, 612; 1973, 524; 1979, 958; 1989, 2014; 1999, 1325)
NRS 632.120 Duties; regulations; additional fees.
1. The Board shall:
(a) Adopt regulations establishing reasonable
standards:
(1) For the denial, renewal, suspension
and revocation of, and the placement of conditions, limitations and
restrictions upon, a license to practice professional or practical nursing or a
certificate to practice as a nursing assistant or medication aide - certified.
(2) Of professional conduct for the
practice of nursing.
(3) For prescribing and dispensing
controlled substances and dangerous drugs in accordance with applicable
statutes.
(b) Prepare and administer examinations for the
issuance of a license or certificate under this chapter.
(c) Investigate and determine the eligibility of
an applicant for a license or certificate under this chapter.
(d) Carry out and enforce the provisions of this
chapter and the regulations adopted pursuant thereto.
2. The Board may adopt regulations
establishing reasonable:
(a) Qualifications for the issuance of a license
or certificate under this chapter.
(b) Standards for the continuing professional
competence of licensees or holders of a certificate. The Board may evaluate
licensees or holders of a certificate periodically for compliance with those
standards.
3. The Board may adopt regulations
establishing a schedule of reasonable fees and charges, in addition to those
set forth in NRS 632.345, for:
(a) Investigating licensees or holders of a
certificate and applicants for a license or certificate under this chapter;
(b) Evaluating the professional competence of
licensees or holders of a certificate;
(c) Conducting hearings pursuant to this chapter;
(d) Duplicating and verifying records of the
Board; and
(e) Surveying, evaluating and approving schools
of practical nursing, and schools and courses of professional nursing,
Ê and collect
the fees established pursuant to this subsection.
4. For the purposes of this chapter, the
Board shall, by regulation, define the term “in the process of obtaining
accreditation.”
5. The Board may adopt such other
regulations, not inconsistent with state or federal law, as may be necessary to
carry out the provisions of this chapter relating to nursing assistant
trainees, nursing assistants and medication aides - certified.
6. The Board may adopt such other
regulations, not inconsistent with state or federal law, as are necessary to
enable it to administer the provisions of this chapter.
[Part 5:256:1947; A 1955, 608]—(NRS A 1985, 311; 1989, 2008, 2050; 1993, 1218; 1999, 1326; 2003, 336; 2011, 1327)
NRS 632.121 Board required to notify Division of Public and Behavioral
Health of Department of Health and Human Services upon identification of
certain sentinel events.
1. The Board shall immediately notify the
Division of Public and Behavioral Health of the Department of Health and Human
Services if the Board identifies a sentinel event which is required to be
reported by a medical facility pursuant to NRS
439.835.
2. Except as otherwise provided in NRS 239.0115, any information provided to
the Division of Public and Behavioral Health pursuant to this section relating
to the identification of a sentinel event is confidential, not subject to
subpoena or discovery and not subject to inspection by the general public.
(Added to NRS by 2009, 3071)
NRS 632.122 Acceptance of gifts, grants and payments; contracts. The Board may:
1. Accept gifts or grants of money to pay
for the costs of administering the provisions of this chapter.
2. Enter into contracts with other public
agencies and accept payment from those agencies to pay the expenses incurred by
the Board in carrying out the provisions of this chapter relating to nursing
assistant trainees, nursing assistants and medication aides - certified.
(Added to NRS by 1989, 2008; A 2011, 1327)
NRS 632.125 Hospitals and agencies employing nurses, nursing assistants or
medication aides - certified to submit list of personnel to Board; medical
facilities to confirm qualifications before employment of nursing assistant,
nursing assistant trainee or medication aide - certified.
1. Each hospital or agency in the State
employing professional or practical nurses, nursing assistants or medication
aides - certified shall submit a list of such nursing personnel to the Board at
least three times annually as directed by the Board. Except as otherwise
provided in NRS 239.0115, each list
submitted to the Board pursuant to this subsection is confidential.
2. A medical facility shall, before hiring
a nursing assistant, nursing assistant trainee or medication aide - certified,
obtain validation from the Board that the prospective employee has a current
certificate, is enrolled in a training program required for certification or is
awaiting the results of a certification examination.
(Added to NRS by 1963, 610; A 1989, 2013, 2014; 2001, 623; 2007, 2135; 2011, 1328)
NRS 632.126 Inspection of premises by Board. Any
member or agent of the Board may enter any premises in this State where a
person who holds a license or certificate issued pursuant to the provisions of
this chapter practices nursing or as a nursing assistant or medication aide -
certified and inspect it to determine whether a violation of any provision of
this chapter has occurred, including, without limitation, an inspection to
determine whether any person at the premises is practicing nursing or as a
nursing assistant or medication aide - certified without the appropriate
license or certificate issued pursuant to the provisions of this chapter.
(Added to NRS by 2013, 2221)
NRS 632.127 List of approved training programs; Board to share information
with state agency concerning disciplinary action against nursing assistants or
medication aides - certified employed in agency’s facilities.
1. The Board shall supply the Division of
Public and Behavioral Health of the Department of Health and Human Services
upon request with a list of each training program approved by the Board.
2. The Board shall share with each state
agency which regulates medical facilities and facilities for the dependent any
information the Board receives concerning disciplinary action taken against
nursing assistants or medication aides - certified who work in the facilities.
(Added to NRS by 1989, 2013; A 2011, 1328)—(Substituted
in revision for NRS 632.286)
PROFESSIONAL NURSING
NRS 632.140 Qualifications and fee for applicants for license.
1. Every applicant for a license to
practice as a professional nurse in the State of Nevada must submit to the
Board written evidence under oath that the applicant:
(a) Is of good moral character.
(b) Is in good physical and mental health.
(c) Has completed a course of study in:
(1) An accredited school of professional
nursing and holds a diploma therefrom; or
(2) An approved school of professional
nursing in the process of obtaining accreditation and holds a diploma
therefrom.
(d) Meets such other reasonable preliminary
qualification requirements as the Board may from time to time prescribe.
2. Each applicant must remit the fee
required by this chapter with the application for a license to practice as a
professional nurse in this State.
[6:256:1947; A 1949, 536; 1943 NCL § 4756.06] + [Part
8:256:1947; A 1955, 608]—(NRS A 1963, 612; 1973, 525; 2003, 337)
NRS 632.150 Examination of applicants and issuance of licenses.
1. Each applicant who is otherwise
qualified for a license to practice nursing as a professional nurse shall be
required to write and pass an examination on such subjects and in such form as
the Board may from time to time determine. Such written examination may be
supplemented by an oral or practical examination in the discretion of the
Board.
2. The Board shall issue a license to
practice nursing as a professional nurse in the State of Nevada to each
applicant who successfully passes such examination or examinations.
[Part 7:256:1947; 1943 NCL § 4756.07]
NRS 632.160 Admission to practice without examination. The Board shall, without examination, issue a
license to practice nursing as a professional nurse to any applicant who
otherwise meets the qualifications required of professional nurses in this
State and who has been duly licensed or registered as a registered nurse under
the laws of any other jurisdiction after passing an examination required by
that jurisdiction, if it appears to the Board that the requirements and scope
of the required examination were at least equivalent to those prescribed by
this chapter for examinations. If the applicant was trained as a nurse in a
jurisdiction where English is not the prevalent language, the Board shall
require that the applicant pass an examination testing the applicant’s
proficiency in reading, writing and speaking English.
[Part 7:256:1947; 1943 NCL § 4756.07] + [Part
8:256:1947; A 1955, 608]—(NRS A 1963, 613; 1973, 525; 1979, 434)
NRS 632.170 Outstanding licenses or registrations not affected. Each person holding a valid and subsisting
license or certificate of registration to practice nursing as a registered
nurse in this State on July 1, 1947, shall thereafter be deemed to be licensed
as a professional nurse under the provisions of this chapter.
[10:256:1947; 1943 NCL § 4756.10]
NRS 632.235 Authorized acts under emergency or special conditions. A registered nurse may perform such acts,
under emergency or other special conditions prescribed by regulations adopted
by the Board, which include special training, as are recognized by the medical
and nursing professions as proper to be performed by a registered nurse under
those conditions, even though the acts might otherwise be considered diagnosis
and prescription, but nothing in this chapter authorizes registered nurses to
perform those functions and duties specifically delegated by law to persons
licensed as dentists, podiatric physicians, optometrists or chiropractors.
(Added to NRS by 1987, 1525; A 1993, 2218)
NRS 632.237 Advanced practice registered nurse: Certificate of recognition;
practice; regulations; exceptions.
1. The Board may issue a license to
practice as an advanced practice registered nurse to a registered nurse who:
(a) Has completed an educational program designed
to prepare a registered nurse to:
(1) Perform designated acts of medical
diagnosis;
(2) Prescribe therapeutic or corrective
measures; and
(3) Prescribe controlled substances,
poisons, dangerous drugs and devices;
(b) Except as otherwise provided in subsection 5,
submits proof that he or she is certified as an advanced practice registered
nurse by the American Board of Nursing Specialties, the National Commission for
Certifying Agencies of the Institute for Credentialing Excellence, or their
successor organizations, or any other nationally recognized certification
agency approved by the Board; and
(c) Meets any other requirements established by
the Board for such licensure.
2. An advanced practice registered nurse
may:
(a) Engage in selected medical diagnosis and
treatment; and
(b) If authorized pursuant to NRS 639.2351 and subject to the
limitations set forth in subsection 3, prescribe controlled substances,
poisons, dangerous drugs and devices.
Ê An advanced
practice registered nurse shall not engage in any diagnosis, treatment or other
conduct which the advanced practice registered nurse is not qualified to
perform.
3. An advanced practice registered nurse
who is authorized to prescribe controlled substances, poisons, dangerous drugs
and devices pursuant to NRS 639.2351
shall not prescribe a controlled substance listed in schedule II unless:
(a) The advanced practice registered nurse has at
least 2 years or 2,000 hours of clinical experience; or
(b) The controlled substance is prescribed
pursuant to a protocol approved by a collaborating physician.
4. An advanced practice registered nurse
may perform the acts described in subsection 2 by using equipment that
transfers information concerning the medical condition of a patient in this
State electronically, telephonically or by fiber optics from within or outside
this State or the United States.
5. The Board shall adopt regulations:
(a) Specifying any additional training, education
and experience necessary for licensure as an advanced practice registered
nurse.
(b) Delineating the authorized scope of practice
of an advanced practice registered nurse.
(c) Establishing the procedure for application
for licensure as an advanced practice registered nurse.
6. The provisions of paragraph (b) of
subsection 1 do not apply to an advanced practice registered nurse who obtains
a license before July 1, 2014.
(Added to NRS by 1987, 1525; A 1991, 790; 2001, 407; 2011, 1004;
2013, 2015,
2016, 2072, 2073)
NRS 632.238 Advanced practice registered nurse: Requirement to maintain
professional liability insurance. The
Board may require an advanced practice registered nurse to maintain a policy of
professional liability insurance in accordance with regulations adopted by the
Board.
(Added to NRS by 2013, 2071)
NRS 632.240 System for delivery of health care: Nursing services must be
supervised by chief administrative nurse. The
provision of nursing services in any system for the delivery of health care
must be under the direction and supervision of a chief administrative nurse who
is a registered nurse.
[17:256:1947; 1943 NCL § 4756.17]—(NRS A 1973, 526; 1989, 2051; 1999, 1327; 2001, 542)
PRACTICAL NURSING
NRS 632.270 Qualifications of applicant for license. Each applicant for a license to practice as a
practical nurse must submit to the Board written evidence, under oath, that the
applicant:
1. Is of good moral character.
2. Has a high school diploma or its
equivalent as determined by the State Board of Education.
3. Is at least 18 years of age.
4. Has:
(a) Successfully completed the prescribed course
of study in an accredited school of practical nursing or an accredited school
of professional nursing, and been awarded a diploma by the school;
(b) Successfully completed the prescribed course
of study in an approved school of practical nursing in the process of obtaining
accreditation or an approved school of professional nursing in the process of
obtaining accreditation, and been awarded a diploma by the school; or
(c) Been registered or licensed as a registered
nurse under the laws of another jurisdiction.
5. Meets any other qualifications
prescribed in regulations of the Board.
[4:154:1949; A 1955, 547] + [Part 5:154:1949; A 1955,
547]—(NRS A 1959, 241; 1961, 182; 1963, 615; 1973, 527; 1979, 435; 1981, 525; 1989, 2051; 2003, 337)
NRS 632.280 Issuance of license; admission without examination. The Board shall grant a license to practice as
a practical nurse in this State to each applicant who has the preliminary
qualifications set forth in NRS 632.270 and who:
1. Passes the practical nurses examination,
which examination must be given by the Board not less than once each calendar
year; or
2. Holds a license as a practical nurse
under the laws of another jurisdiction after passing an examination required by
that jurisdiction, if it appears to the Board that the requirements and scope
of the required examination were at least equivalent to those prescribed by
this chapter for examinations. If the applicant was trained as a nurse in a
jurisdiction where English is not the prevalent language, the Board shall
require that the applicant pass an examination testing the applicant’s
proficiency in reading, writing and speaking English.
[Part 5:154:1949; A 1955, 547]—(NRS A 1979, 435)
NURSING ASSISTANTS
NRS 632.285 Practicing or offering to practice without certificate unlawful;
enforcement.
1. Any person, except a nursing assistant
trainee, who practices or offers to practice as a nursing assistant in this
State shall submit evidence that he or she is qualified so to practice and must
be certified as provided in this chapter.
2. It is unlawful for any person:
(a) To practice or to offer to practice as a
nursing assistant in this State or to use any title, abbreviation, sign, card
or device to indicate that he or she is practicing as a nursing assistant in
this State unless the person has been certified pursuant to the provisions of
this chapter.
(b) Except as otherwise provided in NRS 629.091, who does not hold a
certificate authorizing the person to practice as a nursing assistant issued
pursuant to the provisions of this chapter to perform or offer to perform basic
nursing services in this State, unless the person is a nursing assistant
trainee.
(c) To be employed as a nursing assistant trainee
for more than 4 months.
3. The Executive Director of the Board
may, on behalf of the Board, issue an order to cease and desist to any person
who practices or offers to practice as a nursing assistant without a
certificate issued pursuant to the provisions of this chapter.
4. Unless the Executive Director of the
Board determines that extenuating circumstances exist, the Executive Director
shall forward to the appropriate law enforcement agency any information
submitted to the Board concerning a person who practices or offers to practice
as a nursing assistant without a certificate issued pursuant to the provisions
of this chapter.
(Added to NRS by 1989, 2008; A 1991, 318; 1995, 751; 1997, 922; 1999, 1327; 2013, 2221)
NRS 632.2852 Application for certificate; certification by examination or by
endorsement; issuance of certificate.
1. An applicant for a certificate to
practice as a nursing assistant must submit to the Board written evidence under
oath that the applicant:
(a) Is of good moral character;
(b) Is in good physical and mental health;
(c) Is at least 16 years of age; and
(d) Meets such other reasonable requirements as
the Board prescribes.
2. An applicant may be certified by
examination if the applicant:
(a) Submits a completed written application and
the fee required by this chapter;
(b) Completes a training program approved by the
Board and supplies a certificate of completion from the program;
(c) Passes the certification examination approved
by the Board; and
(d) Has not committed any acts which would be
grounds for disciplinary action if committed by a nursing assistant, unless the
Board determines that sufficient restitution has been made or the act was not
substantially related to nursing.
3. An applicant who is licensed or
certified as a nursing assistant in another state may be certified by
endorsement if the applicant:
(a) Submits a completed written application and
the fee required by this chapter;
(b) Submits proof of successful completion of a
training program approved by the appropriate agency of another state;
(c) Has passed a certification examination
approved by the Board to be equivalent to the examination required in this State;
and
(d) Has not committed any acts which would be
grounds for disciplinary action if committed by a nursing assistant, unless the
Board determines that sufficient restitution has been made or the act was not
substantially related to nursing.
4. The Board shall issue a certificate to
practice as a nursing assistant to each applicant who meets the requirements of
this section.
(Added to NRS by 1989, 2009; A 1991, 318)
NRS 632.2856 Training programs; regulations.
1. The training program required for
certification as a nursing assistant must consist of 75 hours of instruction.
The program must include no less than 60 hours of theory and learning skills in
a laboratory setting.
2. Except as otherwise provided in this
subsection, the instructor of the program must be a registered nurse with:
(a) Three years of nursing experience which
includes direct care of patients and supervision and education of members of
the staff; and
(b) Proof of successful completion of training
for instructors which has been approved by the Board.
Ê The Board
may approve a licensed practical nurse as an instructor if the Board determines
that requiring instruction by a registered nurse would create a hardship.
3. Except as otherwise provided in NRS 622.090, upon completion of the
program, a nursing assistant trainee must pass a test in theory with an overall
score of 80 percent and a test of skills on a pass or fail basis. The test of
skills must be given by a registered nurse. If the nursing assistant trainee
fails either of the tests, the nursing assistant trainee must repeat the
training in the areas in which he or she was deficient before taking the
certification examination.
4. In a program which is based in a
facility, a nursing assistant trainee may only perform those tasks he or she
has successfully completed in the training program, and must perform those
tasks under the direct supervision of a registered nurse or a licensed
practical nurse.
5. The Board shall adopt regulations not
inconsistent with law:
(a) Specifying the scope of the training program
and the required components of the program;
(b) Establishing standards for the approval of
programs and instructors; and
(c) Designating the basic nursing services which
a nursing assistant may provide upon certification.
6. Any medical facility, educational
institution or other organization may provide a training program if the program
meets the requirements set forth in this chapter and in the regulations of the
Board, and is approved by the Board. Such a program must be administered
through:
(a) The Nevada System of Higher Education;
(b) A program for career and technical education
approved by the State Board for Career and Technical Education;
(c) A public school in this State; or
(d) Any other nationally recognized body or
agency authorized by law to accredit or approve such programs.
7. An educational institution or agency
that administers a training program shall:
(a) Develop or approve the curriculum for
training provided in its service district;
(b) Manage the training program; and
(c) Work with medical and other facilities to
carry out the requirements of paragraphs (a) and (b).
(Added to NRS by 1989, 2009; A 1991, 319, 885, 886; 1993, 418; 2005, 1053; 2007, 2946)
NRS 632.2858 Examination of applicants.
1. The Board shall authorize the
administration of the examination of applicants for certification as nursing
assistants.
2. The Board may employ, contract with or
cooperate with any person in the preparation, administration and grading of a
uniform national examination, but, except as otherwise provided in NRS 622.090, shall retain sole discretion
and responsibility for determining the standards of successful completion of
the examination.
3. The Board shall determine whether an
examination may be repeated and the frequency of authorized reexaminations.
4. If an applicant fails the examination
three times, the applicant must repeat the training program prescribed in NRS 632.2856.
(Added to NRS by 1989, 2010; A 1991, 320; 2007, 2947)
MEDICATION AIDES - CERTIFIED
NRS 632.291 Practicing or offering to practice without certificate unlawful;
enforcement.
1. Any person who practices or offers to
practice as a medication aide - certified in this State shall submit evidence
that he or she is qualified to practice and must be certified to practice as a
medication aide - certified as provided in this chapter.
2. It is unlawful for any person to
practice or to offer to practice as a medication aide - certified in this State
or to use any title, abbreviation, sign, card or device to indicate that the
person is practicing as a medication aide - certified in this State unless the
person is certified as a medication aide - certified pursuant to the provisions
of this chapter.
3. The Executive Director of the Board
may, on behalf of the Board, issue an order to cease and desist to any person
who practices or offers to practice as a medication aide - certified without a
certificate to practice as a medication aide - certified issued pursuant to the
provisions of this chapter.
4. Unless the Executive Director of the
Board determines that extenuating circumstances exist, the Executive Director
shall forward to the appropriate law enforcement agency any information
submitted to the Board concerning a person who practices or offers to practice
as a medication aide - certified without a certificate to practice as a
medication aide - certified issued pursuant to the provisions of this chapter.
(Added to NRS by 2011, 1324;
A 2013,
2222)
NRS 632.292 Application for certificate; certification by endorsement;
issuance of certificate.
1. An applicant for a certificate to
practice as a medication aide - certified must submit proof satisfactory to the
Board that the applicant:
(a) Holds a certificate to practice as a nursing
assistant in this State;
(b) Has completed at least 1 year of continuous
full-time employment as a nursing assistant in a medical facility in this State
and is currently employed at a medical facility;
(c) Has a high school diploma or its equivalent;
(d) Has successfully completed a literacy and
reading comprehension screening process approved by the Board;
(e) Has successfully completed a training course
for medication aides - certified of at least 100 hours that is approved by the
Board;
(f) Has passed an examination on such subjects as
are required by the Board; and
(g) Meets such other reasonable requirements as
the Board prescribes by regulation.
2. An applicant who is licensed or
certified as a medication aide in another state or territory of the United
States may be certified in this State by endorsement if the applicant submits
proof satisfactory to the Board that the applicant:
(a) Holds a certificate to practice as a nursing
assistant in another state or territory of the United States;
(b) Has completed at least 1 year of continuous
full-time employment as a nursing assistant in a medical facility in another
state or territory of the United States and is currently employed at a medical
facility;
(c) Has a high school diploma or its equivalent;
(d) Has passed an examination determined by the
Board to be equivalent to the examination required by paragraph (f) of
subsection 1;
(e) Has completed training determined by the
Board to be equivalent to the training required by paragraph (e) of subsection
1; and
(f) Meets such other reasonable requirements as
the Board prescribes by regulation.
3. The Board shall issue a certificate to
practice as a medication aide - certified to each applicant who meets the requirements
of this section.
(Added to NRS by 2011, 1324)
NRS 632.293 Designation of types of medical facilities that may employ
medication aides - certified; notice.
1. The Board shall designate by regulation
the types of medical facilities that may employ medication aides - certified.
2. If a designated facility elects to
employ one or more medication aides - certified, the facility shall notify the
Board in the manner prescribed by the Board.
(Added to NRS by 2011, 1325)
NRS 632.294 Authorized services that may be provided by medication aide -
certified; restrictions on scope of practice; regulations by Board regarding
scope of practice.
1. A medication aide - certified may only
administer authorized medications and perform related tasks at a designated
facility under the supervision of an advanced practice registered nurse or a
registered nurse and in accordance with standard protocols developed by the
Board.
2. Except as otherwise provided by
subsection 4, a medication aide - certified may only administer authorized
medications by the following methods:
(a) Orally;
(b) Topically;
(c) By the use of drops in the eye, ear or nose;
(d) Vaginally;
(e) Rectally;
(f) Transdermally; and
(g) By the use of an oral inhaler.
3. Except as otherwise provided by
subsection 4, a medication aide - certified shall not:
(a) Receive, have access to or administer any
controlled substance;
(b) Administer parenteral or enteral medications;
(c) Administer any substances by nasogastric or
gastronomy tubes;
(d) Calculate drug dosages;
(e) Destroy medication;
(f) Receive orders, either in writing or
verbally, for new or changed medication;
(g) Transcribe orders from medical records;
(h) Order or administer initial medications;
(i) Evaluate reports of medication errors;
(j) Perform treatments;
(k) Conduct patient assessments or evaluations;
(l) Engage in teaching activities for patients;
or
(m) Engage in any activity prohibited pursuant to
subsection 4.
4. The Board may adopt regulations
authorizing or prohibiting any additional activities of a medication aide -
certified.
5. As used in this section, “supervision”
means active oversight of the patient care services provided by a medication
aide - certified while on the premises of a designated facility.
(Added to NRS by 2011, 1325;
A 2013,
2074)
NRS 632.296 Unlawful acts. It
is unlawful for any person:
1. To sell or fraudulently obtain or
furnish a certificate to practice as a medication aide - certified;
2. To practice as a medication aide -
certified pursuant to a certificate that was illegally or fraudulently obtained
or was signed or issued unlawfully or under fraudulent representation; or
3. To conduct a training course for
medication aides - certified unless the training course has been approved by
the Board.
(Added to NRS by 2011, 1326)
LICENSING AND CERTIFICATION GENERALLY; FEES
NRS 632.300 Temporary license or certificate.
1. Upon application and payment of the
required fee, the Board may without examination grant a:
(a) Temporary license to practice professional
nursing or practical nursing; or
(b) Temporary certificate to practice as a
nursing assistant,
Ê to a person
whose corresponding license or certificate from another jurisdiction is in good
standing.
2. Only one temporary license or
certificate may be issued pursuant to this section to any one person during any
12-month period.
[6.5:154:1949; added 1955, 547]—(NRS A 1963, 616;
1973, 527; 1979,
435; 1989,
2051; 1991,
320)
NRS 632.305 Interim permit.
1. The Board may, after verifying that an
applicant meets the requirements of:
(a) NRS 632.140,
issue an interim permit authorizing the applicant to practice professional
nursing until the results of the examination required by NRS
632.150 are received.
(b) NRS 632.270,
issue an interim permit authorizing the applicant to practice as a practical
nurse until the results of the examination required by NRS
632.280 are received.
2. If the applicant does not pass the
examination, the interim permit expires upon notification by the Board. The
interim permit is not renewable.
3. The Board may adopt regulations for the
reexamination of an applicant who does not pass the examination.
(Added to NRS by 1975, 1124; A 1989, 2052)
NRS 632.307 Nondisciplinary condition, limitation or restriction placed on
license or certificate by Board.
1. The Board may place any condition,
limitation or restriction on any license or certificate issued pursuant to this
chapter if the Board determines that such action is necessary to protect the
public health, safety or welfare.
2. The Board shall not report any
condition, limitation or restriction placed on a license or certificate issued
pursuant to this section to the National Council of State Boards of Nursing
Disciplinary Data Bank or any other repository which records disciplinary
action taken against licensees or holders of certificates, unless the licensee
or holder of the certificate fails to comply with the condition, limitation or
restriction placed on the license or certificate. The Board may, upon request,
report any such information to an agency of another state which regulates the
practice of nursing.
3. The Board may modify any condition,
limitation or restriction placed on a license or certificate issued pursuant to
this section if the Board determines it is necessary to protect the public health,
safety or welfare.
4. Any condition, limitation or
restriction placed on a license or certificate issued pursuant to this section
shall not be deemed to be disciplinary action taken pursuant to NRS 632.325.
(Added to NRS by 1995, 1649)
NRS 632.310 Investigation of actions of licensee or holder of certificate by
Board or Executive Director; request by Board for complete name and work
assignments of licensee, nursing assistant or medication aide - certified under
investigation by Board; retention of complaints.
1. The Board may, upon its own motion, and
shall, upon the verified complaint in writing of any person, if the complaint
alone or together with evidence, documentary or otherwise, presented in
connection therewith, is sufficient to require an investigation, investigate
the actions of any licensee or holder of a certificate or any person who
assumes to act as a licensee or holder of a certificate within the State of
Nevada. A complaint may be filed anonymously. If a complaint is filed
anonymously, the Board may accept the complaint but may refuse to consider the
complaint if anonymity of the complainant makes processing the complaint
impossible or unfair to the person who is the subject of the complaint.
2. The Executive Director of the Board
may, upon receipt of information from a governmental agency, conduct an
investigation to determine whether the information is sufficient to require an
investigation for referral to the Board for its consideration.
3. If a written verified complaint filed
with the Board does not include the complete name of the licensee, nursing
assistant or medication aide - certified against whom the complaint is filed,
and the Board is unable to identify the licensee, nursing assistant or
medication aide - certified, the Board shall request that the employer of the
licensee, nursing assistant or medication aide - certified provide to the Board
the complete name of the licensee, nursing assistant or medication aide -
certified. The employer shall provide the name to the Board within 3 business
days after the request is made.
4. The employer of a licensee, nursing
assistant or medication aide - certified shall provide to the Board, upon its
request, the record of the work assignments of any licensee, nursing assistant
or medication aide - certified whose actions are under investigation by the
Board.
5. The Board shall retain all complaints
received by the Board pursuant to this section for at least 10 years,
including, without limitation, any complaints not acted upon.
[Part 7:154:1949; A 1955, 547]—(NRS A 1989, 2052; 1993, 1219; 1995, 1652; 2001, 623; 2009, 883; 2011, 1328;
2013, 2222)
NRS 632.315 Practicing or offering to practice nursing without license
unlawful; enforcement.
1. For the purposes of safeguarding life
and health and maintaining high professional standards among nurses in this
State, any person who practices or offers to practice nursing in this State
shall submit evidence that he or she is qualified to practice and must be
licensed as provided in this chapter.
2. It is unlawful for any person:
(a) To practice or offer to practice nursing in
this State or use any title, abbreviation, sign, card or device to indicate
that he or she is practicing nursing in this State unless that person has been
licensed pursuant to the provisions of this chapter; or
(b) Who does not hold a valid and subsisting
license to practice nursing issued pursuant to the provisions of this chapter
to practice or offer to practice in this State as a registered nurse, licensed
practical nurse, graduate nurse, trained nurse, certified nurse or under any
other title or designation suggesting that the person possesses qualifications
and skill in the field of nursing.
3. Unless a greater penalty is provided
pursuant to NRS 200.830 or 200.840, a person who violates any
provision of subsection 2:
(a) If no substantial bodily harm results, is
guilty of a category D felony; or
(b) If substantial bodily harm results, is guilty
of a category C felony,
Ê and shall be
punished as provided in NRS 193.130.
4. The Executive Director of the Board
may, on behalf of the Board, issue an order to cease and desist to any person
who practices or offers to practice nursing without a license issued pursuant
to the provisions of this chapter.
5. Unless the Executive Director of the
Board determines that extenuating circumstances exist, the Executive Director
shall forward to the appropriate law enforcement agency any information
submitted to the Board concerning a person who practices or offers to practice
nursing without a license issued pursuant to the provisions of this chapter.
[Part 1:256:1947; A 1949, 536; 1943 NCL § 4756.01] +
[9:256:1947; A 1949, 536; 1943 NCL § 4756.09]—(NRS A 1973, 524; 1995, 1650; 1997, 923; 1999, 1327; 2013, 998, 2223)
NRS 632.320 Grounds for denial, revocation or suspension of license or
certificate or other disciplinary action.
1. The Board may deny, revoke or suspend
any license or certificate applied for or issued pursuant to this chapter, or
take other disciplinary action against a licensee or holder of a certificate,
upon determining that the licensee or certificate holder:
(a) Is guilty of fraud or deceit in procuring or
attempting to procure a license or certificate pursuant to this chapter.
(b) Is guilty of any offense:
(1) Involving moral turpitude; or
(2) Related to the qualifications,
functions or duties of a licensee or holder of a certificate,
Ê in which
case the record of conviction is conclusive evidence thereof.
(c) Has been convicted of violating any of the
provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.
(d) Is unfit or incompetent by reason of gross
negligence or recklessness in carrying out usual nursing functions.
(e) Uses any controlled substance, dangerous drug
as defined in chapter 454 of NRS, or
intoxicating liquor to an extent or in a manner which is dangerous or injurious
to any other person or which impairs his or her ability to conduct the practice
authorized by the license or certificate.
(f) Is a person with mental incompetence.
(g) Is guilty of unprofessional conduct, which
includes, but is not limited to, the following:
(1) Conviction of practicing medicine
without a license in violation of chapter 630
of NRS, in which case the record of conviction is conclusive evidence thereof.
(2) Impersonating any applicant or acting
as proxy for an applicant in any examination required pursuant to this chapter
for the issuance of a license or certificate.
(3) Impersonating another licensed
practitioner or holder of a certificate.
(4) Permitting or allowing another person
to use his or her license or certificate to practice as a licensed practical
nurse, registered nurse, nursing assistant or medication aide - certified.
(5) Repeated malpractice, which may be
evidenced by claims of malpractice settled against the licensee or certificate
holder.
(6) Physical, verbal or psychological
abuse of a patient.
(7) Conviction for the use or unlawful
possession of a controlled substance or dangerous drug as defined in chapter 454 of NRS.
(h) Has willfully or repeatedly violated the
provisions of this chapter. The voluntary surrender of a license or certificate
issued pursuant to this chapter is prima facie evidence that the licensee or
certificate holder has committed or expects to commit a violation of this
chapter.
(i) Is guilty of aiding or abetting any person in
a violation of this chapter.
(j) Has falsified an entry on a patient’s medical
chart concerning a controlled substance.
(k) Has falsified information which was given to
a physician, pharmacist, podiatric physician or dentist to obtain a controlled
substance.
(l) Has knowingly procured or administered a
controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the
United States Food and Drug Administration, unless the unapproved controlled
substance or dangerous drug:
(1) Was procured through a retail pharmacy
licensed pursuant to chapter 639 of NRS;
(2) Was procured through a Canadian
pharmacy which is licensed pursuant to chapter
639 of NRS and which has been recommended by the State Board of Pharmacy
pursuant to subsection 4 of NRS 639.2328;
or
(3) Is marijuana being used for medical
purposes in accordance with chapter 453A of
NRS.
(m) Has been disciplined in another state in
connection with a license to practice nursing or a certificate to practice as a
nursing assistant or medication aide - certified, or has committed an act in
another state which would constitute a violation of this chapter.
(n) Has engaged in conduct likely to deceive,
defraud or endanger a patient or the general public.
(o) Has willfully failed to comply with a
regulation, subpoena or order of the Board.
(p) Has operated a medical facility at any time
during which:
(1) The license of the facility was
suspended or revoked; or
(2) An act or omission occurred which
resulted in the suspension or revocation of the license pursuant to NRS 449.160.
Ê This
paragraph applies to an owner or other principal responsible for the operation
of the facility.
2. For the purposes of this section, a
plea or verdict of guilty or guilty but mentally ill or a plea of nolo
contendere constitutes a conviction of an offense. The Board may take
disciplinary action pending the appeal of a conviction.
3. A licensee or certificate holder is not
subject to disciplinary action solely for administering auto-injectable
epinephrine pursuant to a valid order issued pursuant to NRS 630.374 or 633.707.
[Part 7:154:1949; A 1955, 547]—(NRS A 1963, 616;
1971, 2034; 1973, 527; 1981, 592; 1983, 831; 1987, 1557; 1989, 2052; 1993, 785; 1995, 1652; 1997, 536; 1999, 405; 2003, 1498, 2708; 2007, 1471; 2009, 884; 2011, 259, 849, 1329; 2013, 1227)
NRS 632.322 Suspension of license or certificate for failure to pay child
support or comply with certain subpoenas or warrants; reinstatement of license
or certificate. [Effective until 2 years after the date of the repeal of 42
U.S.C. § 666, 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 or certificate issued pursuant to this chapter, the Board
shall deem the license or certificate 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 or
certificate by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the
license or certificate has complied with the subpoena or warrant or has
satisfied the arrearage pursuant to NRS
425.560.
2. The Board shall reinstate a license or
certificate issued pursuant to this chapter that has been suspended by a
district court pursuant to NRS 425.540
if:
(a) The Board receives a letter issued by the
district attorney or other public agency pursuant to NRS 425.550 to the person whose license or
certificate was suspended stating that the person whose license or certificate
was suspended has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560; and
(b) The person whose license or certificate was
suspended pays the fee established by the Board pursuant to NRS 632.341.
(Added to NRS by 1997, 2125; A 2005, 2807)
NRS 632.325 Authorized disciplinary action; private reprimands prohibited;
orders imposing discipline deemed public records.
1. If the Board determines that a licensee
or holder of a certificate has committed any of the acts set forth in NRS 632.320, it may take any one or more of the
following disciplinary actions:
(a) Place conditions, limitations or restrictions
on the license or certificate.
(b) Impose and collect an administrative fine of
not more than $5,000.
(c) Publicly reprimand the licensee or holder of
a certificate.
(d) Accept the voluntary surrender of a license
or certificate in lieu of imposing any other disciplinary action set forth in
this subsection.
2. If the Board determines that:
(a) A person whose license or certificate is
suspended or voluntarily surrendered, or has been placed on an inactive list
pursuant to NRS 632.341, has committed, during the
period the license or certificate was valid, inactive or would have been valid
if not for the suspension or surrender; or
(b) An applicant for the renewal or reinstatement
of a license or certificate has committed, at any time after the most recent
renewal of the license or certificate or the issuance of the original license
or certificate if it has not been renewed,
Ê any of the
acts set forth in NRS 632.320, the Board may take
any one or more of the disciplinary actions set forth in subsection 1.
3. The Board shall not privately reprimand
a licensee or holder of a certificate.
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, 2050; A 1993, 886; 1995, 1653; 2003, 3439)
NRS 632.330 Regulations concerning reissuance of license or certificate
after revocation. The Board may
adopt regulations which prescribe the period during which a licensee or holder
of a certificate may not apply for the reissuance of a license or certificate
after that license or certificate is revoked.
[Part 7:154:1949; A 1955, 547]—(NRS A 1963, 616; 1989, 2053; 1995, 1654)
NRS 632.340 Exemptions from required licensing or certification. The provisions of NRS
632.315 do not prohibit:
1. Gratuitous nursing by friends or by
members of the family of a patient.
2. The incidental care of the sick by
domestic servants or persons primarily employed as housekeepers as long as they
do not practice nursing within the meaning of this chapter.
3. Nursing assistance in the case of an
emergency.
4. The practice of nursing by students
enrolled in accredited schools of nursing or by graduates of those schools or
courses pending the results of the first licensing examination scheduled by the
Board following graduation. A student or graduate may not work as a nursing
assistant unless the student or graduate is certified to practice as a nursing
assistant pursuant to the provisions of this chapter.
5. The practice of nursing in this State
by any legally qualified nurse or nursing assistant of another state whose
engagement requires the nurse or nursing assistant to accompany and care for a
patient temporarily residing in this State during the period of one such
engagement, not to exceed 6 months, if the person does not represent or hold
himself or herself out as a nurse licensed to practice in this State or as a
nursing assistant who holds a certificate to practice in this State.
6. The practice of any legally qualified
nurse of another state who is employed by the United States Government, or any
bureau, division or agency thereof, while in the discharge of his or her
official duties in this State, including, without limitation, providing medical
care in a hospital in accordance with an agreement entered into pursuant to NRS 449.2455.
7. Nonmedical nursing for the care of the
sick, with or without compensation, if done by the adherents of, or in
connection with, the practice of the religious tenets of any well-recognized
church or religious denomination, if that nursing does not amount to the
practice of practical or professional nursing as defined in NRS 632.017 and 632.018,
respectively.
8. A personal assistant from performing
services for a person with a disability pursuant to NRS 629.091.
9. A natural person from providing
supported living arrangement services if:
(a) That person has been issued a certificate
pursuant to NRS 435.3305 to 435.339, inclusive, and the regulations
adopted pursuant to NRS 435.3305 to 435.339, inclusive; or
(b) That person is employed or retained as an
independent contractor by a partnership, firm, corporation or association,
state or local government or agency thereof that has been issued a certificate
pursuant to NRS 435.3305 to 435.339, inclusive, and the regulations
adopted pursuant to NRS 435.3305 to 435.339, inclusive.
Ê As used in
this subsection, “supported living arrangement services” has the meaning
ascribed to it in NRS 435.3315.
[8:154:1949; A 1955, 547]—(NRS A 1963, 617; 1973,
528; 1975, 1125; 1989,
2053; 1991,
320; 1995,
751, 1654;
2005, 70, 1380; 2009, 820)
NRS 632.3405 Board prohibited from issuing or renewing license unless
applicant attests to knowledge of and compliance with certain guidelines
related to safe and appropriate injection practices. The
Board shall not issue or renew a license to practice as a professional nurse or
a practical nurse unless the applicant for issuance or renewal of the license
attests to knowledge of and compliance with the guidelines of the Centers for
Disease Control and Prevention concerning the prevention of transmission of
infectious agents through safe and appropriate injection practices.
(Added to NRS by 2011, 2054)
NRS 632.341 Renewal and reinstatement of licenses; transfer to inactive
list.
1. Every nurse licensed under the
provisions of this chapter must renew his or her license biennially on a date
or according to a schedule of dates prescribed by regulation of the Board. If
the date or schedule is changed, the Board may prorate the required fee.
2. A licensee who fails to renew a license
may have the license reinstated by completing an application for renewal,
submitting payment of the reinstatement fee in addition to the renewal fee and
submitting all information required to complete the reinstatement.
3. Upon written request to the Board, a
licensee in good standing may cause his or her name and license to be
transferred to an inactive list, and the licensee may not practice nursing
during the time the license is inactive and no renewal fee accrues. If an
inactive licensee desires to resume the practice of nursing, the Board, except
as otherwise provided in subsection 4, shall renew the license upon demonstration,
if deemed necessary by the Board, that the licensee is then qualified and
competent to practice, and upon completion of an application and payment of the
current fee for biennial renewal of the license.
4. The Board may:
(a) Issue a temporary license to an applicant for
the renewal or reinstatement of a license pending final action by the Board
upon the application.
(b) After a hearing, refuse to renew or reinstate
the license of any person who, at any time since the most recent renewal of the
license or the issuance of the original license if it has not been renewed, has
been out of compliance with the requirements of this chapter.
(Added to NRS by 1973, 521; A 1979, 719; 1983, 257, 296; 1989, 2054; 1997, 2125; 2005, 2722, 2807)
NRS 632.342 Renewal of certificate.
1. The certificate of a nursing assistant
or medication aide - certified must be renewed biennially on the date of the
certificate holder’s birthday.
2. The Board shall renew a certificate if
the applicant:
(a) Submits a completed written application and
the fee required by this chapter;
(b) Submits documentation of completion of
continuing training, as required by the Board, in the previous 24 months;
(c) Has not committed any acts which are grounds
for disciplinary action, unless the Board determines that sufficient
restitution has been made or the act was not substantially related to nursing;
(d) Submits documentation of employment as a
nursing assistant or medication aide - certified during the 2 years immediately
preceding the date of the renewal; and
(e) Submits all information required to complete
the renewal.
Ê The training
program completed pursuant to paragraph (b) must be approved by the Board.
3. Failure to renew the certificate
results in forfeiture of the right to practice unless the nursing assistant or
medication aide - certified qualifies for the issuance of a new certificate.
4. Renewal of a certificate becomes
effective on the date on which:
(a) The application is filed;
(b) The renewal fee is paid; or
(c) All information required to complete the
renewal is submitted,
Ê whichever occurs
latest.
(Added to NRS by 1989, 2011; A 1997, 923, 2126; 2005, 2723, 2807; 2011, 1330)
NRS 632.3425 Renewal of suspended license or certificate. A suspended license or certificate is subject
to expiration and must be renewed as provided in NRS
632.341 or 632.342. Renewal does not entitle
the licensee, nursing assistant or medication aide - certified to engage in
activity which requires licensure or certification until the completion of the
suspension.
(Added to NRS by 1989, 2011; A 1995, 1655; 1997, 536; 1999, 405; 2011, 1330)
NRS 632.343 Continuing education: Prerequisite to renewal of license;
exemption; review of courses by Board; required and recommended courses.
1. The Board shall not renew any license
issued under this chapter until the licensee has submitted proof satisfactory
to the Board of completion, during the 2-year period before renewal of the
license, of 30 hours in a program of continuing education approved by the
Board. The licensee is exempt from this provision for the first biennial period
after graduation from:
(a) An accredited school of professional nursing;
(b) An accredited school of practical nursing;
(c) An approved school of professional nursing in
the process of obtaining accreditation; or
(d) An approved school of practical nursing in
the process of obtaining accreditation.
2. The Board shall review all courses
offered to nurses for the completion of the requirement set forth in subsection
1. The Board may approve nursing and other courses which are directly related
to the practice of nursing as well as others which bear a reasonable
relationship to current developments in the field of nursing or any special
area of practice in which a licensee engages. These may include academic
studies, workshops, extension studies, home study and other courses.
3. The program of continuing education
required by subsection 1 must include a course of instruction, to be completed
within 2 years after initial licensure, relating to the medical consequences of
an act of terrorism that involves the use of a weapon of mass destruction. The
course must provide at least 4 hours of instruction that includes instruction
in the following subjects:
(a) An overview of acts of terrorism and weapons
of mass destruction;
(b) Personal protective equipment required for
acts of terrorism;
(c) Common symptoms and methods of treatment
associated with exposure to, or injuries caused by, chemical, biological,
radioactive and nuclear agents;
(d) Syndromic surveillance and reporting
procedures for acts of terrorism that involve biological agents; and
(e) An overview of the information available on,
and the use of, the Health Alert Network.
Ê The Board
may thereafter determine whether to include in a program of continuing
education additional courses of instruction relating to the medical
consequences of an act of terrorism that involves the use of a weapon of mass
destruction.
4. The Board shall encourage each licensee
who treats or cares for persons who are more than 60 years of age to receive,
as a portion of their continuing education, education in geriatrics and
gerontology, including such topics as:
(a) The skills and knowledge that the licensee
needs to address aging issues;
(b) Approaches to providing health care to older
persons, including both didactic and clinical approaches;
(c) The biological, behavioral, social and
emotional aspects of the aging process; and
(d) The importance of maintenance of function and
independence for older persons.
5. As used in this section:
(a) “Act of terrorism” has the meaning ascribed
to it in NRS 202.4415.
(b) “Biological agent” has the meaning ascribed
to it in NRS 202.442.
(c) “Chemical agent” has the meaning ascribed to
it in NRS 202.4425.
(d) “Radioactive agent” has the meaning ascribed
to it in NRS 202.4437.
(e) “Weapon of mass destruction” has the meaning
ascribed to it in NRS 202.4445.
(Added to NRS by 1979, 719; A 1981, 25; 2003, 337, 648, 2956)
NRS 632.344 Applicant for license or certificate to submit set of
fingerprints to Board. An
applicant for a license or certificate shall submit to the Board a complete set
of fingerprints and written permission authorizing the Board to forward those
fingerprints to the Central Repository for Nevada Records of Criminal History
for submission to the Federal Bureau of Investigation for its report.
(Added to NRS by 1995, 1649)
NRS 632.3446 Payment of child support: Submission of certain information by
applicant; grounds for denial of license or certificate; duty of Board.
[Effective until the date of the repeal of 42 U.S.C. § 666, 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 or
certificate pursuant to this chapter 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 or certificate pursuant to this chapter 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 certificate; or
(b) A separate form prescribed by the Board.
3. A license or certificate may not be
issued or renewed by the Board pursuant to this chapter 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 the applicant 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 the applicant 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, 2124; A 2005, 2723, 2807)
NRS 632.3446 Payment of child support:
Submission of certain information by applicant; grounds for denial of license
or certificate; duty of Board. [Effective on the date of the repeal of 42
U.S.C. § 666, 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 or certificate pursuant to this chapter 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 certificate; or
(b) A separate form prescribed by the Board.
3. A license or certificate may not be
issued or renewed by the Board pursuant to this chapter 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 the applicant 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 the applicant 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, 2124; A 2005, 2723, 2724, 2807,
effective on the date of the repeal of 42 U.S.C. § 666, 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)
NRS 632.345 Fees.
1. The Board shall establish and may amend
a schedule of fees and charges for the following items and within the following
ranges:
Not
less Not more
than than
Application for
license to practice professional nursing (registered nurse) $45 $100
Application for
license to practice practical nursing.................. 30 90
Application for
temporary license to practice professional nursing or practical nursing
pursuant to NRS 632.300, which fee must be credited
toward the fee required for a regular license, if the applicant applies for a
license................................................................... 15 50
Application for a
certificate to practice as a nursing assistant or medication aide - certified 15 50
Application for a
temporary certificate to practice as a nursing assistant pursuant to NRS 632.300, which fee must be credited toward the fee
required for a regular certificate, if the applicant applies for a certificate...................................................................................... 5 40
Biennial fee for
renewal of a license............................................. 40 100
Biennial fee for
renewal of a certificate....................................... 20 50
Fee for
reinstatement of a license................................................. 10 100
Application for a
license to practice as an advanced practice registered nurse 50 200
Application for
recognition as a certified registered nurse anesthetist 50 200
Biennial fee for
renewal of a license to practice as an advanced practice registered nurse or
certified registered nurse anesthetist...................................................... 50 200
Examination fee
for license to practice professional nursing.. 20 100
Examination fee
for license to practice practical nursing......... 10 90
Rewriting
examination for license to practice professional nursing 20 100
Rewriting
examination for license to practice practical nursing 10 90
Duplicate license................................................................................. 5 30
Duplicate
certificate........................................................................... 5 30
Proctoring
examination for candidate from another state....... 25 150
Fee for approving
one course of continuing education............. 10 50
Fee for reviewing
one course of continuing education which has been changed since approval 5........................................................................................................ 30
Annual fee for
approval of all courses of continuing education offered 100 500
Annual fee for
review of training program.................................. 60 100
Certification
examination.............................................................. 10 90
Approval of
instructors of training programs.............................. 50 100
Approval of
proctors for certification examinations................. 20 50
Approval of
training programs.................................................... 150 250
Validation of
licensure or certification........................................... 5 25
2. The Board may collect the fees and
charges established pursuant to this section, and those fees or charges must
not be refunded.
(Added to NRS by 1973, 521; A 1979, 189; 1981, 26; 1983, 512; 1989, 2015, 2054; 1991, 321; 1999, 1328; 2011, 1331;
2013, 2075)
DISCIPLINARY PROCEEDINGS
NRS 632.350 Filing of administrative complaint and service of notice
required; right to obtain certain documents in possession of Board; hearing.
1. Before suspending or revoking any
license or certificate or taking other disciplinary action against a licensee
or holder of a certificate, the Board shall cause an administrative complaint
to be filed against the licensee or holder of the certificate. The Board shall
notify the licensee or holder of the certificate in writing of the charges
against him or her, accompanying the notice with a copy of the administrative
complaint.
2. Written notice may be served by
delivery of it personally to the licensee or holder of the certificate, or by
mailing it by registered or certified mail to the last known residential
address of the licensee or holder of the certificate.
3. If the licensee or holder of the
certificate, after receiving a copy of the administrative complaint pursuant to
subsection 1, submits a written request, the Board shall furnish the licensee
or holder of the certificate with copies of any communications, reports and
affidavits in possession of the Board, touching upon or relating to the matter
in question.
4. As soon as practicable after the filing
of the administrative complaint, the Board, or a majority thereof, shall hold a
hearing on the charges at such time and place as the Board prescribes. If the
Board receives a report pursuant to subsection 5 of NRS 228.420, the hearing must be held
within 30 days after receiving the report. The hearing must be held, if the
licensee or holder of the certificate desires, within the county where the licensee
or holder of the certificate resides.
[Part 16:256:1947; A 1955, 608] + [Part 7:154:1949; A
1955, 547]—(NRS A 1963, 617; 1969, 95; 1977, 89; 1981, 100; 1989, 2016, 2055; 1991, 322; 1993, 786; 1999, 1329)
NRS 632.355 Delegation of authority to conduct hearing concerning discipline
of licensee or holder of certificate. The
Board may delegate its authority to conduct hearings pursuant to NRS 632.350 concerning the discipline of a licensee or
holder of a certificate to a hearing officer. The hearing officer has the
powers of the Board in connection with the hearings, and shall report to the
Board with findings of fact and conclusions of law within 30 days after the
final hearing on the matter. The Board may take action based upon the report of
the hearing officer, refer the matter to the hearing officer for further
hearings or conduct its own hearings on the matter.
(Added to NRS by 1989, 2013; A 1995, 1655)
NRS 632.360 Issuance of subpoenas; service of process.
1. The Board or any person designated by
the Board may certify to all official acts and issue subpoenas for attendance
of witnesses and the production of books and papers relating to any
investigation or hearing conducted by the Board.
2. In any investigation or hearing in any
part of the State the process issued by the Board extends to all parts of the
State and may be served by any person authorized to serve process of courts of
record or by certified mail to the last known address of the witness.
3. The person serving the process is
entitled to receive the compensation allowed by the Board, which must not
exceed the fees prescribed by law for similar services.
[Part 16:256:1947; A 1955, 608] + [Part 7:154:1949; A
1955, 547]—(NRS A 1981,
100; 1995,
1655)
NRS 632.380 Depositions of witnesses.
1. The Board may, in any hearing before
it, cause the depositions of witnesses residing within or without the State to
be taken in the manner prescribed by law and the Nevada Rules of Civil
Procedure for like depositions in civil actions in the district courts of this
State, and to that end may compel the attendance of witnesses and the
production of books and papers.
2. The district court in and for the
county in which any hearing may be held by the Board shall, upon the application
of the Board, issue commissions to other states for the taking of evidence
therein for use in any proceedings before the Board.
[Part 16:256:1947; A 1955, 608] + [Part 7:154:1949; A
1955, 547]
NRS 632.390 Power of district court to compel attendance of witness and
production of books and papers.
1. The district court in and for the
county in which any hearing may be held by the Board shall have the power to
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.
2. In case of the refusal of any witness
to attend or testify or produce any books and papers required by a subpoena,
the Board may report to the district court in and for the county in which the hearing
is pending, by petition setting forth:
(a) That due notice has been given of the time
and place of attendance of the witness or the production of books or papers;
(b) That the witness has been subpoenaed in the
manner prescribed by this chapter; and
(c) That the witness has failed and refused to
attend or produce the books or papers required by subpoena before the Board in
the cause or proceeding named in the subpoena, or has refused to answer
questions propounded to him or her in the course of the hearing,
Ê and ask an
order of the court compelling the witness to attend and testify or produce the
books or papers before the Board.
3. The court, upon petition of the Board,
shall enter an order directing the witness to appear before the court at a time
and place to be fixed by the court in the order, the time to be not more than
10 days from the date of the order, and then and there show cause why the
witness has not attended or testified or produced the books or papers before
the Board. A certified copy of the order shall be served upon the witness.
4. If it shall appear to the court 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. Upon failure
to obey the order the witness shall be dealt with as for contempt of court.
[Part 16:256:1947; A 1955, 608] + [Part 7:154:1949; A
1955, 547]
NRS 632.400 Time for rendering decision; notice of decision required;
effective date of decision.
1. The Board shall render a decision on
any administrative complaint within 60 days after the final hearing thereon.
For the purposes of this subsection, the final hearing on a matter delegated to
a hearing officer pursuant to NRS 632.355 is the
final hearing conducted by the hearing officer unless the Board conducts a
hearing with regard to the administrative complaint.
2. The Board shall notify the person of
its decision in writing by certified mail, return receipt requested. The
decision of the Board becomes effective on the date the person receives the
notice or on the date the Board receives a notice from the United States Postal
Service stating that the person refused to accept delivery or could not be
located.
[Part 16:256:1947; A 1955, 608] + [Part 7:154:1949; A
1955, 547]—(NRS A 1969, 95; 1989, 2016; 1995, 1655; 1997, 536; 1999, 405, 1330)
NRS 632.405 Certain records relating to investigation deemed confidential;
certain records relating to disciplinary action deemed public records;
communication and cooperation with other agencies.
1. Except as otherwise provided in this
section and NRS 239.0115, any records
or information obtained during the course of an investigation by the Board and
any record of the investigation are confidential.
2. The complaint or other document filed
by the Board to initiate disciplinary action and all documents and information
considered by the Board when determining whether to impose disciplinary action
are public records.
3. The Board shall, to the extent
feasible, communicate or cooperate with or provide any documents or other
information to another licensing board or any agency that is investigating a
person, including a law enforcement agency.
(Added to NRS by 1993, 1218; A 2003, 3440; 2007, 2136; 2013, 2224)
NURSING SCHOOLS
NRS 632.430 Schools of practical nursing: Standards and curricula; approval
by Board; removal from approved list for just cause.
1. The Board may prescribe standards and
curricula for schools of practical nursing, visit, survey and approve those
schools, and remove those schools from a list of approved schools of nursing
for just cause.
2. A school of practical nursing in this
State must be:
(a) An accredited school of practical nursing; or
(b) An approved school of practical nursing in
the process of obtaining accreditation.
[Part 3:154:1949; 1943 NCL § 4759.03]—(NRS A 1959,
189; 1999, 1330;
2003, 338)
NRS 632.440 Schools of professional nursing: Standards and curricula;
approval by Board.
1. The Board shall prescribe curricula and
standards for schools and courses of professional nursing. The Board shall
provide for surveys of such schools and courses at such times as it may deem
necessary. It shall approve such schools and courses as meet the requirements
of this chapter and of the Board. It shall evaluate and approve courses for
affiliation with approved schools of nursing in this State or with schools of
nursing which have applied for such approval.
2. A school of professional nursing in
this State must be:
(a) An accredited school of professional nursing;
or
(b) An approved school of professional nursing in
the process of obtaining accreditation.
[Part 1:256:1947; A 1949, 536; 1943 NCL § 4756.01] +
[Part 3:256:1947; 1943 NCL § 4756.03] + [Part 5:256:1947; A 1955, 608]—(NRS A 1999, 1330; 2003, 338)
NRS 632.460 Schools of professional nursing: Survey and written report
required before approval.
1. The Board shall not approve a school of
professional nursing until the Board has caused a thorough survey of the
facilities of the school to be made. No such survey shall be deemed complete
for the purposes of this section until a written report of the survey is made
to the Board and the report has received the full consideration of the whole
Board.
2. If any school of professional nursing
making application for approval indicates that any course required by the
prescribed curriculum is to be offered by an institution affiliated with the
school, the Board shall cause a survey of the facilities of the affiliated
institution to be made, and the written report concerning that institution must
receive the full consideration of the Board before the Board approves the
school of professional nursing.
[Part 15:256:1947; 1943 NCL § 4756.15]—(NRS A 1999, 1330)
NRS 632.470 Schools of professional nursing: Periodic survey of approved
schools; acceptance of survey from nationally recognized association; reports
and recommendations; notice of deficiencies; effect of failure to remedy
deficiencies.
1. Except as otherwise provided in this
subsection, the Board shall periodically cause to be surveyed all approved
schools of professional nursing in this State. Written reports of those surveys
must be submitted to and considered by the full Board. In lieu of causing the
approved schools of professional nursing to be surveyed, the Board may accept a
survey and recommendation completed by a nationally recognized association that
accredits schools of professional nursing, if the association has been approved
by the Board.
2. If, after consideration of the reports,
the Board determines that a school of professional nursing is not maintaining
the standards required by this chapter and by the Board, notice thereof in
writing specifying the deficiencies must forthwith be given to the school.
3. The Board shall revoke the approval of
a school of professional nursing which fails to remedy such deficiencies within
a reasonable time after receiving written notice thereof.
[Part 15:256:1947; 1943 NCL § 4756.15]—(NRS A 1973,
529; 1999, 1331)
MISCELLANEOUS PROVISIONS
NRS 632.472 Persons required to report on conduct of licensees or holders of
certificates; voluntary reports; immunity from civil liability.
1. The following persons shall report in
writing to the Executive Director of the Board any conduct of a licensee or
holder of a certificate which constitutes a violation of the provisions of this
chapter:
(a) Any physician, dentist, dental hygienist,
chiropractor, optometrist, podiatric physician, medical examiner, resident,
intern, professional or practical nurse, nursing assistant, medication aide -
certified, perfusionist, physician assistant licensed pursuant to chapter 630 or 633
of NRS, psychiatrist, psychologist, marriage and family therapist, clinical
professional counselor, alcohol or drug abuse counselor, music therapist,
driver of an ambulance, paramedic or other person providing medical services licensed or certified to practice in this State.
(b) Any personnel of a medical facility or
facility for the dependent engaged in the admission, examination, care or
treatment of persons or an administrator, manager or other person in charge of
a medical facility or facility for the dependent upon notification by a member
of the staff of the facility.
(c) A coroner.
(d) Any person who maintains or is employed by an
agency to provide personal care services in the home.
(e) Any person who operates, who is employed by
or who contracts to provide services for an intermediary service organization
as defined in NRS 449.4304.
(f) Any person who maintains or is employed by an
agency to provide nursing in the home.
(g) Any employee of the Department of Health and
Human Services.
(h) Any employee of a law enforcement agency or a
county’s office for protective services or an adult or juvenile probation
officer.
(i) Any person who maintains or is employed by a
facility or establishment that provides care for older persons.
(j) Any person who maintains, is employed by or
serves as a volunteer for an agency or service which advises persons regarding
the abuse, neglect or exploitation of an older person and refers them to
persons and agencies where their requests and needs can be met.
(k) Any social worker.
2. Every physician who, as a member of the
staff of a medical facility or facility for the dependent, has reason to
believe that a nursing assistant or medication aide - certified has engaged in
conduct which constitutes grounds for the denial, suspension or revocation of a
certificate shall notify the superintendent, manager or other person in charge
of the facility. The superintendent, manager or other person in charge shall
make a report as required in subsection 1.
3. A report may be filed by any other
person.
4. Any person who in good faith reports
any violation of the provisions of this chapter to the Executive Director of
the Board pursuant to this section is immune from civil liability for reporting
the violation.
5. As used in this section, “agency to
provide personal care services in the home” has the meaning ascribed to it in NRS 449.0021.
(Added to NRS by 1989, 2012; A 1991, 137; 1993, 2218; 1995, 1651; 2001, 773; 2005, 2175; 2007, 1226, 1829, 3051; 2009, 2400,
2975; 2011, 1092,
1332; 2013, 144, 966)
NRS 632.473 Treatment of patients by nurse employed by Department of
Corrections.
1. A nurse licensed pursuant to the
provisions of this chapter, while working at an institution of the Department
of Corrections, may treat patients, including the administration of a dangerous
drug, poison or related device, pursuant to orders given by a physician
assistant if those orders are given pursuant to a protocol approved by the Board
of Medical Examiners and the supervising physician. The orders must be cosigned
by the supervising physician or another physician within 72 hours after
treatment.
2. A copy of the protocol under which
orders are given by a physician assistant must be available at the institution
for review by the nurse.
3. This section does not authorize a
physician assistant to give orders for the administration of any controlled
substance.
4. For the purposes of this section:
(a) “Physician assistant” means a physician
assistant licensed by the Board of Medical Examiners pursuant to chapter 630 of NRS who:
(1) Is employed at an institution of the
Department of Corrections;
(2) Has been awarded a bachelor’s degree
from a college or university recognized by the Board of Medical Examiners; and
(3) Has received at least 40 hours of
instruction regarding the prescription of medication as a part of either his or
her basic educational qualifications or a program of continuing education
approved by the Board of Medical Examiners.
(b) “Protocol” means the written directions for
the assessment and management of specified medical conditions, including the
drugs and devices the physician assistant is authorized to order, which the
physician assistant and the supervision have agreed upon as a basis for their
practice.
(c) “Supervising physician” has the meaning
ascribed to it in NRS 630.025.
(Added to NRS by 1987, 1584; A 1989, 915; 1997, 686; 2001, 774; 2001
Special Session, 247)
NRS 632.474 Pronouncement of death by registered nurse. A registered nurse who is authorized by a
physician pursuant to NRS 440.415 may
make a pronouncement of death.
(Added to NRS by 1993, 1158)
NRS 632.475 Unlawful to require participation in abortion.
1. An employer shall not require a registered
nurse, a licensed practical nurse, a nursing assistant or any other person
employed to furnish direct personal health service to a patient to participate
directly in the induction or performance of an abortion if the employee has
filed a written statement with the employer indicating a moral, ethical or
religious basis for refusal to participate in the abortion.
2. If the statement provided for in
subsection 1 is filed with the employer, the employer shall not penalize or
discipline the employee for declining to participate directly in the induction
or performance of an abortion.
3. The provisions of subsections 1 and 2
do not apply to medical emergency situations.
4. Any person violating the provisions of
this section is guilty of a misdemeanor.
(Added to NRS by 1973, 898, 1639; A 1989, 2017)
NRS 632.476 Employer of licensee, nursing assistant or medication aide -
certified required to prepare and maintain record of work assignments. Each employer of a licensee, nursing assistant
or medication aide - certified shall prepare and maintain, for at least 5
years, a record of the work assignments of each licensee, nursing assistant or
medication aide - certified.
(Added to NRS by 2001, 623; A 2011, 1333)
NRS 632.477 Identification including surname of licensee prohibited. The Board, or a medical facility or any other
person who employs a licensee, shall not require a licensee while on duty, to
wear a badge or other form of identification that includes the surname of the
licensee.
(Added to NRS by 2001, 623)
NRS 632.480 Injunctions against violations of chapter. Whenever the Board believes from evidence
satisfactory to it that any person has violated or is about to violate any of
the provisions of this chapter, or any order, license, certificate, permit,
decision, demand or requirement, or any part or provision thereof, it may bring
an action, in the name of the Board, in the district court in and for the
county in which the person resides, against the person to enjoin the person
from continuing the violation or engaging therein or doing any act or acts in
furtherance thereof. In the action an order or judgment may be entered awarding
such preliminary or final injunction as may be proper, but no preliminary injunction
or temporary restraining order may be granted without at least 5 days’ notice
to the opposite party.
[Part 16:256:1947; A 1955, 608] + [Part 7:154:1949; A
1955, 547]—(NRS A 1989, 2017)
NRS 632.490 Prosecution of violators.
1. The Board shall cause the prosecution
of all persons violating the provisions of this chapter.
2. The Board, or any person designated by
the Board, may prefer a complaint for violation of NRS
632.285, 632.291, 632.296
or 632.315 before any court of competent
jurisdiction, and it may take the necessary legal steps through the proper
legal officers of this State to enforce the provisions thereof.
[Part 16:256:1947; A 1955, 608] + [Part 3:154:1949;
1943 NCL § 4759.03] + [Part 7:154:1949; A 1955, 547]—(NRS A 1995, 1656; 1997, 924; 2011, 1333)
NRS 632.495 Citations.
1. In addition to any other penalty:
(a) The Board may issue a citation to a person
who violates the provisions of NRS 632.285, 632.291, 632.296 or 632.315. A citation issued pursuant to this paragraph
must be in writing and describe with particularity the nature of the violation.
The citation also must inform the person of the provisions of subsection 2. A
separate citation must be issued for each violation. If appropriate, the
citation must contain an order of abatement of the violation.
(b) The Board shall assess an administrative fine
of:
(1) For the first violation, $500.
(2) For the second violation, $1,000.
(3) For the third or subsequent violation,
$1,500.
2. To appeal the finding of a violation of
NRS 632.285, 632.291, 632.296 or 632.315, the
person must request a hearing by written notice of appeal to the Board within
30 days after the date of issuance of the citation.
(Added to NRS by 1995, 1648; A 1997, 924; 2011, 1333)
NRS 632.500 Penalties.
1. Unless a greater penalty is provided by
a specific statute, any person violating any of the provisions of this chapter
is guilty of a misdemeanor.
2. A court of competent jurisdiction has
full power to try any violations of this chapter, and upon conviction may, at
its discretion, revoke the license or certificate of the person so convicted,
in addition to imposing the other penalties provided in this chapter.
[Part 16:256:1947; A 1955, 608] + [19:256:1947; 1943
NCL § 4756.19] + [Part 7:154:1949; A 1955, 547] + [9:154:1949; 1943 NCL §
4759.09]—(NRS A 1967, 641; 1989, 2017; 1995, 1656)
