Nrs: Chapter 632 - Nursing

Link to law: https://www.leg.state.nv.us/NRS/NRS-632.html
Published: 2015

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[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)