Nrs: Chapter 640B - Athletic Trainers

Link to law: https://www.leg.state.nv.us/NRS/NRS-640B.html
Published: 2015

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[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)