[Rev. 11/21/2013 12:51:39
PM--2013]
CHAPTER 640B - ATHLETIC TRAINERS
GENERAL PROVISIONS
NRS 640B.003 Legislative
declaration.
NRS 640B.005 Definitions.
NRS 640B.011 “Assessment”
defined.
NRS 640B.015 “Athlete”
defined.
NRS 640B.021 “Athletic
injury” defined.
NRS 640B.025 “Board”
defined.
NRS 640B.031 “Direction”
defined.
NRS 640B.035 “Disposition”
defined.
NRS 640B.041 “Evaluation”
defined.
NRS 640B.045 “Grade
5 joint mobilization” defined.
NRS 640B.051 “Graduate
student athletic trainer” defined.
NRS 640B.055 “Joint
mobilization” defined.
NRS 640B.060 “License”
defined.
NRS 640B.065 “Licensee”
defined.
NRS 640B.070 “Management”
defined.
NRS 640B.075 “Passive
joint range of motion” defined.
NRS 640B.081 “Passive
range of motion” defined.
NRS 640B.085 “Physician”
defined.
NRS 640B.090 “Practice
of athletic training” defined.
NRS 640B.095 “Prevention”
defined.
NRS 640B.101 “Recognition”
defined.
NRS 640B.105 “Reconditioning”
defined.
NRS 640B.111 “Student
athletic trainer” defined.
NRS 640B.115 “Supervision”
defined.
NRS 640B.120 “Treatment”
defined.
NRS 640B.145 Applicability
of chapter.
NRS 640B.155 License
is revocable privilege; holder acquires no vested right.
BOARD OF ATHLETIC TRAINERS
Organization and Administration
NRS 640B.170 Creation;
appointment and qualifications of members; terms, vacancies and removal from
office; limitations on civil liability; representative of general public not to
participate in examination.
NRS 640B.190 Election
of Chair; meetings; quorum.
NRS 640B.200 Employment
of Executive Secretary and other personnel; members of Board not entitled to
salary; payment of per diem allowance and travel expenses.
NRS 640B.210 Fiscal
year.
NRS 640B.220 Payment
of expenses; deposit of money; delegation of authority to take disciplinary
action; deposit of fines imposed by Board; presentment of claims for attorney’s
fees and costs of investigation.
General Powers and Duties
NRS 640B.250 Preparation,
maintenance and disclosure of certain information regarding applicants and
licensees; record of proceedings and transactions; seal; enforcement of
chapter.
NRS 640B.260 Adoption
of regulations.
NRS 640B.270 Inspection
of offices and facilities of persons practicing athletic training.
LICENSES
General Provisions
NRS 640B.300 License
required to practice athletic training; certain acts prohibited without
license; exception for certain student athletic trainers; injunctions against
unlicensed activities.
NRS 640B.310 Requirements
for licensure: Qualifications; application; fingerprints; fees; examination;
exceptions and limitations.
NRS 640B.320 Preparation
of examinations.
NRS 640B.330 Licensure
of persons who are licensed in other jurisdictions.
NRS 640B.340 Payment
of child support: Submission of certain information by applicant; grounds for
denial of license; 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 640B.340 Payment
of child support: Submission of certain information by applicant; grounds for
denial of license; 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 640B.350 Display
of license.
Scope of Practice
NRS 640B.370 Requirements
to conduct evaluation of athletic injury or perform joint mobilization;
authority to perform passive range of motion or passive joint range of motion.
Expiration and Renewal; Fees
NRS 640B.400 Expiration
of licenses; procedure for renewal.
NRS 640B.410 Fees.
DISCIPLINARY ACTION
NRS 640B.700 Grounds;
authorized disciplinary action; private reprimands prohibited; orders imposing
discipline deemed public records.
NRS 640B.710 Suspension
of license for failure to pay child support or comply with certain subpoenas or
warrants; reinstatement of license. [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 640B.720 Investigations
and hearings; examination of witnesses; payment of fees and mileage; issuance
and enforcement of subpoenas.
NRS 640B.730 Confidentiality
of certain records of Board; exceptions; retention of complaints.
UNLAWFUL ACTS; PENALTIES
NRS 640B.900 Unlawful
acts; penalties; prosecution by district attorney.
_________
GENERAL PROVISIONS
NRS 640B.003 Legislative declaration. The
practice of athletic training is hereby declared to be a learned profession,
affecting public health, safety and welfare, and subject to regulation to
protect the public from the practice of athletic training by unqualified persons
and from unprofessional conduct by persons who are licensed to engage in the
practice of athletic training.
(Added to NRS by 2003, 896)
NRS 640B.005 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 640B.011 to 640B.120, inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 2003, 893)
NRS 640B.011 “Assessment” defined. “Assessment”
includes taking the medical history of a patient, visually inspecting the
injured portion of the body and the associated structures, palpating the bony
landmarks and soft tissue and applying special tests to systematically assess
the pathology and extent of the injury or condition.
(Added to NRS by 2003, 894)
NRS 640B.015 “Athlete” defined. “Athlete”
means a natural person who:
1. Participates in an athletic activity
conducted by:
(a) An intercollegiate athletic association or
interscholastic athletic association;
(b) A professional athletic organization; or
(c) An amateur athletic organization; or
2. Participates in a recreational sport
activity that:
(a) Has officially designated coaches;
(b) Conducts regularly scheduled practices or
workouts that are supervised by coaches; and
(c) Has established schedules for competitive
events or exhibitions.
(Added to NRS by 2003, 894)
NRS 640B.021 “Athletic injury” defined. “Athletic
injury” means an injury or athletic-related illness, or both, that a person
sustains as a result of:
1. Participation in an athletic activity
conducted by:
(a) An intercollegiate athletic association or
interscholastic athletic association;
(b) A professional athletic organization; or
(c) An amateur athletic organization; or
2. Participation in a recreational sport
activity that:
(a) Has officially designated coaches;
(b) Conducts regularly scheduled practices or
workouts that are supervised by coaches; and
(c) Has established schedules for competitive
events or exhibitions.
(Added to NRS by 2003, 894)
NRS 640B.025 “Board” defined. “Board”
means the Board of Athletic Trainers.
(Added to NRS by 2003, 894)
NRS 640B.031 “Direction” defined. “Direction”
means an order issued by a physician to follow as a protocol, recommendation or
oral order that is documented by the licensed athletic trainer or physician, or
both.
(Added to NRS by 2003, 894)
NRS 640B.035 “Disposition” defined. “Disposition”
means the application of accepted management techniques to provide the
appropriate care and resources concerning an athletic injury.
(Added to NRS by 2003, 894)
NRS 640B.041 “Evaluation” defined. “Evaluation”
includes, without limitation, the use of joint range of motion, manual muscle
tests, ligamentous stress tests, neurological tests and functional capacity
assessments.
(Added to NRS by 2003, 894)
NRS 640B.045 “Grade 5 joint mobilization” defined. “Grade
5 joint mobilization” means the movement of a joint beyond its physiological
and capsular end point.
(Added to NRS by 2003, 894)
NRS 640B.051 “Graduate student athletic trainer” defined. “Graduate student athletic trainer” means a
graduate student who:
1. Is enrolled in a graduate program of
study approved by the Board; and
2. Engages in the practice of athletic
training under the supervision of a licensed athletic trainer.
(Added to NRS by 2003, 894)
NRS 640B.055 “Joint mobilization” defined. “Joint
mobilization” means a learned, skilled, passive movement of articulating
surfaces of a person to relieve pain and restore functional movement of the
articulating surfaces without pain to the person. The term does not include:
1. The diagnosis of a physical disability;
2. The massaging of the superficial soft
tissues of the body;
3. The use of X rays or radium;
4. The use of electricity for
cauterization or surgery;
5. Chiropractic adjustment as defined in NRS 634.014; or
6. Grade 5 joint mobilization.
(Added to NRS by 2003, 894)
NRS 640B.060 “License” defined. “License”
means a license issued pursuant to the provisions of this chapter.
(Added to NRS by 2003, 895)
NRS 640B.065 “Licensee” defined. “Licensee”
means a person who has been issued a license as an athletic trainer pursuant to
the provisions of this chapter.
(Added to NRS by 2003, 895)
NRS 640B.070 “Management” defined. “Management”
means the act of controlling or influencing an injury, illness or condition.
(Added to NRS by 2003, 895)
NRS 640B.075 “Passive joint range of motion” defined. “Passive joint range of motion” means any
movement of an articulating surface of a person without the active assistance
of that person, which is performed with equipment or by another person.
(Added to NRS by 2003, 895)
NRS 640B.081 “Passive range of motion” defined. “Passive
range of motion” means any movement of a part of a person without the active
assistance of that person, which is performed with equipment or by another
person.
(Added to NRS by 2003, 895)
NRS 640B.085 “Physician” defined. “Physician”
means:
1. A physician licensed pursuant to chapter 630 of NRS;
2. An osteopathic physician licensed
pursuant to chapter 633 of NRS;
3. A homeopathic physician licensed
pursuant to chapter 630A of NRS;
4. A chiropractic physician licensed
pursuant to chapter 634 of NRS; or
5. A podiatric physician licensed pursuant
to chapter 635 of NRS.
(Added to NRS by 2003, 895)
NRS 640B.090 “Practice of athletic training” defined.
1. “Practice of athletic training” means:
(a) The prevention, recognition, assessment,
management, treatment, disposition or reconditioning of the athletic injury of
an athlete:
(1) Whose condition is within the
professional preparation and education of the licensed athletic trainer; and
(2) That is performed under the direction
of a physician;
(b) The organization and administration of
programs of athletic training;
(c) The administration of an athletic training
room;
(d) The provision of information relating to
athletic training to members of the public; or
(e) Any combination of the activities described
in paragraphs (a) to (d), inclusive.
2. The term does not include the diagnosis
of a physical disability, massaging of the superficial soft tissues of the body
or the use of X rays, radium or electricity for cauterization or surgery.
(Added to NRS by 2003, 895)
NRS 640B.095 “Prevention” defined. “Prevention”
means the application and implementation of physical conditioning programs,
preparticipation screening and the monitoring of risk factors that may cause an
athletic injury.
(Added to NRS by 2003, 895)
NRS 640B.101 “Recognition” defined. “Recognition”
means the application of visual, verbal or tactile skills to acknowledge the
presence of an injury, illness or other condition with an understanding of the
predisposing factors of injury and pathomechanics, which assists in the
assessment of the injury, illness or other condition.
(Added to NRS by 2003, 895)
NRS 640B.105 “Reconditioning” defined. “Reconditioning”
means the application of practical and didactic knowledge and functional
criteria to evaluate readiness for return to partial or full activities.
(Added to NRS by 2003, 895)
NRS 640B.111 “Student athletic trainer” defined. “Student
athletic trainer” means an undergraduate student who:
1. Is enrolled in an undergraduate program
of study approved by the Board; and
2. Engages in the practice of athletic
training under the supervision of a licensed athletic trainer.
(Added to NRS by 2003, 896)
NRS 640B.115 “Supervision” defined. “Supervision”
means clinical on-site direction given by a licensed athletic trainer to a
student athletic trainer or graduate student athletic trainer who is in the
direct line of sight and within hearing distance of the licensed athletic
trainer.
(Added to NRS by 2003, 896)
NRS 640B.120 “Treatment” defined. “Treatment”
means the application of the necessary knowledge and skills to assess an
injury, illness or other condition and provide appropriate care.
(Added to NRS by 2003, 896)
NRS 640B.145 Applicability of chapter. The
provisions of this chapter do not apply to:
1. A person who is licensed pursuant to chapters 630 to 637,
inclusive, or chapter 640 or 640A of NRS, when acting within the scope of
that license.
2. A person who is employed by the Federal
Government and engages in the practice of athletic training within the scope of
that employment.
3. A person who is employed as an athletic
trainer outside this State when engaging in the practice of athletic training
within the scope of that employment in connection with an athletic event held
in this State.
(Added to NRS by 2003, 896)
NRS 640B.155 License is revocable privilege; holder acquires no vested right. A license issued pursuant to the provisions of
this chapter is a revocable privilege, and the holder of the license does not
acquire thereby any vested right.
(Added to NRS by 2003, 896)
BOARD OF ATHLETIC TRAINERS
Organization and Administration
NRS 640B.170 Creation; appointment and qualifications of members; terms,
vacancies and removal from office; limitations on civil liability;
representative of general public not to participate in examination.
1. The Board of Athletic Trainers is
hereby created.
2. The Governor shall appoint to the Board:
(a) Three members who:
(1) Are licensed as athletic trainers
pursuant to the provisions of this chapter; and
(2) Have engaged in the practice of
athletic training or taught or conducted research concerning the practice of
athletic training for the 5 years immediately preceding their appointment;
(b) One member who is licensed as a physical
therapist pursuant to chapter 640 of NRS and
who is also licensed as an athletic trainer pursuant to this chapter; and
(c) One member who is a representative of the
public.
3. Each member of the Board:
(a) Must be a resident of this State; and
(b) May not serve more than two consecutive
terms.
4. After the initial terms, the members of
the Board must be appointed to terms of 3 years.
5. A vacancy on the Board must be filled
in the same manner as the original appointment.
6. The Governor may remove a member of the
Board for incompetence, neglect of duty, moral turpitude or malfeasance in office.
7. No member of the Board may be held
liable in a civil action for any act he or she performs in good faith in the
execution of his or her duties pursuant to the provisions of this chapter.
8. The member of the Board who is a
representative of the public shall not participate in preparing or grading any
examination required by the Board.
(Added to NRS by 2003, 896)
NRS 640B.190 Election of Chair; meetings; quorum.
1. The Board shall:
(a) Elect from its members a Chair at the first
meeting of each year; and
(b) Meet at least three times each year at the
call of the Chair of the Board, or upon the written request of at least three
members of the Board.
2. A majority of the members of the Board
constitutes a quorum for the transaction of the business of the Board.
(Added to NRS by 2003, 897)
NRS 640B.200 Employment of Executive Secretary and other personnel; members
of Board not entitled to salary; payment of per diem allowance and travel
expenses.
1. The Board may employ an Executive
Secretary and any other persons necessary to carry out its duties.
2. The members of the Board are not
entitled to receive a salary.
3. While engaged in the business of the
Board, each member and employee of the Board is entitled to receive a per diem
allowance and travel expenses at a rate fixed by the Board. The rate must not
exceed the rate provided for officers and employees of this State generally.
(Added to NRS by 2003, 898)
NRS 640B.210 Fiscal year. The
Board shall operate on the basis of a fiscal year beginning on July 1 and
ending on June 30.
(Added to NRS by 2003, 898)
NRS 640B.220 Payment of expenses; deposit of money; delegation of authority
to take disciplinary action; deposit of fines imposed by Board; presentment of
claims for attorney’s fees and costs of investigation.
1. Except as otherwise provided in
subsection 4, all reasonable expenses incurred by the Board in carrying out the
provisions of this chapter must be paid from the money that it receives. No
part of the expenses of the Board may be paid from the State General Fund.
2. All money received by the Board must be
deposited in a bank or other financial institution in this State and paid out
on its order for its expenses.
3. In a manner consistent with the
provisions of chapter 622A of NRS, the
Board may delegate to a hearing officer or panel its authority to take any
disciplinary action pursuant to this chapter, impose and collect fines and
penalties related to that disciplinary action and deposit the money from the
fines and penalties in a bank or other financial institution in this State.
4. If a hearing officer or panel is not
authorized to take disciplinary action pursuant to subsection 3, the Board
shall deposit all money collected from the imposition of fines and penalties
with the State Treasurer for credit to the State General Fund. If money has
been deposited in the State General Fund pursuant to this subsection, the Board
may present a claim to the State Board of Examiners for recommendation to the
Interim Finance Committee if money is needed to pay attorney’s fees or the
costs of an investigation, or both.
(Added to NRS by 2003, 898; A 2005, 784)
General Powers and Duties
NRS 640B.250 Preparation, maintenance and disclosure of certain information
regarding applicants and licensees; record of proceedings and transactions;
seal; enforcement of chapter.
1. The Board shall prepare and maintain a
separate list of:
(a) The licensees.
(b) The applicants for a license.
(c) The licensees whose licenses have been
revoked or suspended within the preceding year.
2. The Board shall, upon request, disclose
the information included in each list and may charge a fee for a copy of a
list.
3. The Board shall:
(a) Prepare and maintain a record of its
proceedings and transactions;
(b) Adopt a seal of which each court in this State
shall take judicial notice; and
(c) Enforce the provisions of this chapter and
any regulations adopted pursuant thereto.
(Added to NRS by 2003, 897)
NRS 640B.260 Adoption of regulations. The
Board shall adopt regulations to carry out the provisions of this chapter,
including, without limitation, regulations that establish:
1. The passing grades for the examinations
required by NRS 640B.310 and 640B.320;
2. Appropriate criteria for determining
whether an entity is an intercollegiate athletic association, interscholastic
athletic association, professional athletic organization or amateur athletic
organization;
3. The standards of practice for athletic
trainers; and
4. The requirements for continuing
education for the renewal of a license of an athletic trainer. The requirements
must be at least equivalent to the requirements for continuing education for
the renewal of a certificate of an athletic trainer issued by the National
Athletic Trainers Association Board of Certification or its successor
organization.
(Added to NRS by 2003, 897)
NRS 640B.270 Inspection of offices and facilities of persons practicing
athletic training. A member of the
Board, an employee of the Board or a person designated by the Board may inspect
any office or facility where a person is engaged in the practice of athletic
training to determine whether each person who is engaged in the practice of
athletic training in that office or facility is in compliance with the
provisions of this chapter and any regulations adopted pursuant thereto.
(Added to NRS by 2003, 898)
LICENSES
General Provisions
NRS 640B.300 License required to practice athletic training; certain acts
prohibited without license; exception for certain student athletic trainers;
injunctions against unlicensed activities.
1. Except as otherwise provided in
subsection 2, unless he or she has been issued a license as an athletic trainer
by the Board pursuant to the provisions of this chapter, a person shall not:
(a) Engage in the practice of athletic training;
(b) Hold himself or herself out as licensed or
qualified to engage in the practice of athletic training; or
(c) Use in connection with his or her name any
title, words, letters or other designation intended to imply or designate him
or her as a licensed athletic trainer.
2. A student athletic trainer or graduate
student athletic trainer may engage in the practice of athletic training while
under the supervision of a licensed athletic trainer.
3. If the Board determines that a person
has engaged, or is about to engage, in any act or practice that constitutes, or
will constitute, a violation of the provisions of this section, the Board may
make an application to an appropriate court for an order enjoining that act or
practice, and upon a showing by the Board that the person has engaged, or is
about to engage, in that act or practice, the court shall issue an injunction
against that act or practice. Such an injunction does not prevent a criminal
prosecution for that act or practice.
(Added to NRS by 2003, 898)
NRS 640B.310 Requirements for licensure: Qualifications; application;
fingerprints; fees; examination; exceptions and limitations.
1. An applicant for a license as an
athletic trainer must:
(a) Be of good moral character;
(b) Be a citizen of the United States or lawfully
entitled to remain and work in the United States;
(c) Have at least a bachelor’s degree in a
program of study approved by the Board;
(d) Submit an application on a form provided by
the Board;
(e) Submit a complete set of fingerprints and
written permission authorizing the Board to forward the fingerprints to the
Central Repository for Nevada Records of Criminal History for submission to the
Federal Bureau of Investigation for its report;
(f) Pay the fees prescribed by the Board pursuant
to NRS 640B.410, which are not refundable; and
(g) Except as otherwise provided in subsection 2
and NRS 640B.320, pass the examination prepared by
the National Athletic Trainers Association Board of Certification or its
successor organization.
2. An applicant who submits proof of
current certification as an athletic trainer by the National Athletic Trainers
Association Board of Certification, or its successor organization, is not
required to pass the examination required by paragraph (g) of subsection 1.
3. An applicant who fails the examination
may not reapply for a license for at least 1 year after the date on which the
applicant submitted the application to the Board.
(Added to NRS by 2003, 899; A 2005, 228)
NRS 640B.320 Preparation of examinations. If
the National Athletic Trainers Association Board of Certification, or its
successor organization, if any, ceases to exist or ceases to prepare the
examination required by NRS 640B.310, the Board
shall designate another appropriate national organization to prepare the test.
If the Board determines that no such organization exists, the Board shall
prepare or cause to be prepared a test which must be offered not less than two
times each year.
(Added to NRS by 2003, 899)
NRS 640B.330 Licensure of persons who are licensed in other jurisdictions.
1. Except as otherwise provided in
subsection 2, the Board shall issue a license as an athletic trainer, without
examination, to an applicant who is licensed to engage in the practice of
athletic training in another state, territory or possession of the United
States, or the District of Columbia if the applicant submits to the Board:
(a) An application on a form prescribed by the
Board; and
(b) The fees prescribed by the Board pursuant to NRS 640B.410.
2. The Board shall not issue a license
pursuant to this section unless the jurisdiction in which the applicant is
licensed had requirements at the time the license was issued that the Board
determines are substantially equivalent to the requirements for a license as an
athletic trainer set forth in this chapter.
(Added to NRS by 2003, 900)
NRS 640B.340 Payment of child support: Submission of certain information by
applicant; grounds for denial of license; 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 to
engage in the practice of athletic training shall include the social security
number of the applicant in the application submitted to the Board.
(b) An applicant for the issuance or renewal of a
license to engage in the practice of athletic training shall submit to the
Board the statement prescribed by the Division of Welfare and Supportive
Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be
completed and signed by the applicant.
2. The Board shall include the statement
required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the license; or
(b) A separate form prescribed by the Board.
3. A license to engage in the practice of
athletic training may not be issued or renewed by the Board if the applicant:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that 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 2003, 899; A 2005, 2755, 2814)
NRS 640B.340 Payment of child support:
Submission of certain information by applicant; grounds for denial of license;
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 to engage in the practice of athletic training shall submit to the
Board the statement prescribed by the Division of Welfare and Supportive
Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be
completed and signed by the applicant.
2. The Board shall include the statement
required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the license; or
(b) A separate form prescribed by the Board.
3. A license to engage in the practice of
athletic training may not be issued or renewed by the Board if the applicant:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that 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 2003, 899; A 2005, 2755, 2814,
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 640B.350 Display of license. Each
person licensed to practice as an athletic trainer shall display his or her
license conspicuously at each place where the person engages in the practice of
athletic training.
(Added to NRS by 2003, 900)
Scope of Practice
NRS 640B.370 Requirements to conduct evaluation of athletic injury or perform
joint mobilization; authority to perform passive range of motion or passive
joint range of motion.
1. A person who is licensed as an athletic
trainer shall not conduct an evaluation of an athletic injury or perform joint
mobilization unless the person has earned at least a master’s degree in athletic
training or a comparable area of study, as determined by the Board.
2. A person who is licensed as an athletic
trainer and has not earned a master’s degree in athletic training or a
comparable area of study, as determined by the Board, may perform passive range
of motion or passive joint range of motion.
(Added to NRS by 2003, 901)
Expiration and Renewal; Fees
NRS 640B.400 Expiration of licenses; procedure for renewal.
1. Each license to engage in the practice
of athletic training expires on June 30 of each year and may be renewed if,
before the license expires, the licensee submits to the Board:
(a) An application on a form prescribed by the
Board;
(b) Proof of completion of the requirements for
continuing education prescribed by the Board pursuant to NRS 640B.260; and
(c) The fee for the renewal of the license
prescribed by the Board pursuant to NRS 640B.410.
2. A license that expires pursuant to the
provisions of this section may be restored if the applicant:
(a) Complies with the provisions of subsection 1;
(b) Submits to the Board proof of his or her
ability to engage in the practice of athletic training; and
(c) Submits to the Board:
(1) The fee for the restoration of an
expired license; and
(2) For each year that the license was
expired, the fee for the renewal of a license prescribed by the Board pursuant
to NRS 640B.410.
3. If the Board determines that an
applicant has not submitted satisfactory proof of his or her ability to engage
in the practice of athletic training, the Board may require the applicant to:
(a) Pass an examination prescribed by the Board;
and
(b) Engage in the practice of athletic training
under the supervision of a person designated by the Board for a period
prescribed by the Board.
(Added to NRS by 2003, 901)
NRS 640B.410 Fees. The Board
shall, by regulation, prescribe the following fees which must not exceed:
Application for a license..................................................................................... $250
Examination for a license..................................................................................... 350
Application for a license without
examination................................................. 350
Annual renewal of a license.................................................................................. 350
Restoration of an expired license........................................................................ 350
Issuance of a duplicate license............................................................................... 50
(Added to NRS by 2003, 901)
DISCIPLINARY ACTION
NRS 640B.700 Grounds; authorized disciplinary action; private reprimands
prohibited; orders imposing discipline deemed public records.
1. The Board may refuse to issue a license
to an applicant or may take disciplinary action against a licensee if, after
notice and a hearing as required by law, the Board determines that the
applicant or licensee:
(a) Has submitted false or misleading information
to the Board or any agency of this State, any other state, the Federal
Government or the District of Columbia;
(b) Has violated any provision of this chapter or
any regulation adopted pursuant thereto;
(c) Has been convicted of a felony, a crime
relating to a controlled substance or a crime involving moral turpitude;
(d) Is addicted to alcohol or any controlled
substance;
(e) Has violated the provisions of NRS 200.5093, 200.50935 or 432B.220;
(f) Is guilty of gross negligence in his or her
practice as an athletic trainer;
(g) Is not competent to engage in the practice of
athletic training;
(h) Has failed to provide information requested
by the Board within 60 days after receiving the request;
(i) Has engaged in unethical or unprofessional
conduct as it relates to the practice of athletic training;
(j) Has been disciplined in another state, a
territory or possession of the United States, or the District of Columbia for
conduct that would be a violation of the provisions of this chapter or any
regulations adopted pursuant thereto if the conduct were committed in this
State;
(k) Has solicited or received compensation for
services that he or she did not provide;
(l) If the licensee is on probation, has violated
the terms of the probation;
(m) Has terminated professional services to a
client in a manner that detrimentally affected that client; or
(n) Has operated a medical facility, as defined
in NRS 449.0151, 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. The Board may, if it determines that an
applicant for a license or a licensee has committed any of the acts set forth
in subsection 1, after notice and a hearing as required by law:
(a) Refuse to issue a license to the applicant;
(b) Refuse to renew or restore the license of the
licensee;
(c) Suspend or revoke the license of the
licensee;
(d) Place the licensee on probation;
(e) Impose an administrative fine of not more
than $5,000;
(f) Require the applicant or licensee to pay the
costs incurred by the Board to conduct the investigation and hearing; or
(g) Impose any combination of actions set forth
in paragraphs (a) to (f), inclusive.
3. The Board shall not issue a private
reprimand to a licensee.
4. An order that imposes discipline and
the findings of fact and conclusions of law supporting that order are public
records.
(Added to NRS by 2003, 901; A 2005, 785, 1118; 2009, 898)
NRS 640B.710 Suspension of license for failure to pay child support or comply
with certain subpoenas or warrants; reinstatement of license. [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 licensee, the Board
shall deem the license to be suspended at the end of the 30th day after the
date the court order was issued unless the Board receives a letter issued to
the licensee by the district attorney or other public agency pursuant to NRS 425.550 stating that the licensee has
complied with the subpoena or warrant or has satisfied the arrearage pursuant
to NRS 425.560.
2. The Board shall reinstate a license
that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letter
issued by the district attorney or other public agency pursuant to NRS 425.550 to the licensee stating that
the licensee has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560.
(Added to NRS by 2003, 900; A 2005, 2814)
NRS 640B.720 Investigations and hearings; examination of witnesses; payment
of fees and mileage; issuance and enforcement of subpoenas.
1. In a manner consistent with the
provisions of chapter 622A of NRS, the
Board may conduct investigations and hold hearings to carry out its duties
pursuant to the provisions of this chapter.
2. In such a hearing:
(a) Any member of the Board may administer oaths
and examine witnesses; and
(b) The Board or any member thereof may issue
subpoenas to compel the attendance of witnesses and the production of books and
papers.
3. Each witness who is subpoenaed to
appear before the Board is entitled to receive for his or her attendance the
same fees and mileage allowed by law to a witness in a civil case. The amount
must be paid by the party who requested the subpoena. If any witness who has
not been required to attend at the request of any party is subpoenaed by the
Board, his or her fees and mileage must be paid from the money of the Board.
4. If any person fails to comply with the
subpoena within 10 days after it is issued, the Chair of the Board may petition
a court of competent jurisdiction for an order of the court compelling
compliance with the subpoena.
5. Upon such a petition, the court shall
enter an order directing the person subpoenaed to appear before the court at a
time and place to be fixed by the court in its order, the time to be not more
than 10 days after the date of the order, and to show cause why the person has
not complied with the subpoena. A certified copy of the order must be served
upon the person subpoenaed.
6. If it appears to the court that the
subpoena was regularly issued by the Board, the court shall enter an order
compelling compliance with the subpoena. The failure of the person to obey the
order is a contempt of the court that issued the order.
(Added to NRS by 2003, 902; A 2005, 786)
NRS 640B.730 Confidentiality of certain records of Board; exceptions;
retention of complaints.
1. Except as otherwise provided in this
section and NRS 239.0115, a complaint
filed with the Board, all documents and other information filed with the
complaint and all documents and other information compiled as a result of an
investigation conducted to determine whether to initiate disciplinary action
against a person are confidential, unless the person submits a written
statement to the Board requesting that such documents and information be made
public records.
2. The charging documents filed with the
Board to initiate disciplinary action pursuant to chapter 622A of NRS and all documents and
information considered by the Board when determining whether to impose
discipline are public records.
3. The provisions of this section do not
prohibit the Board from communicating or cooperating with or providing any
documents or other information to any other licensing board or any other agency
that is investigating a person, including, without limitation, a law
enforcement agency.
4. The Board shall retain all complaints
filed with the Board for at least 10 years, including, without limitation, any
complaints not acted upon.
(Added to NRS by 2003, 903; A 2005, 786; 2007, 2142; 2009, 899)
UNLAWFUL ACTS; PENALTIES
NRS 640B.900 Unlawful acts; penalties; prosecution by district attorney.
1. A person who violates any provision of
this chapter is guilty of a gross misdemeanor and shall be punished by a fine
of not more than $2,000 for each offense.
2. If the Board has reason to believe that
a person has violated a provision of this chapter or a regulation adopted
pursuant thereto, the Board shall report the facts to the district attorney of
the county where the violation occurred, who may cause appropriate criminal
proceedings to be brought against that person.
(Added to NRS by 2003, 903)