[Rev. 11/21/2013 12:51:12
PM--2013]
CHAPTER 640 - PHYSICAL THERAPISTS
GENERAL PROVISIONS
NRS 640.011 Definitions.
NRS 640.013 “Board”
defined.
NRS 640.016 “Immediate
supervision” defined.
NRS 640.021 “Physical
therapist” defined.
NRS 640.0213 “Physical
therapist’s assistant” defined.
NRS 640.0216 “Physical
therapist’s technician” defined.
NRS 640.022 “Physical
therapy” defined.
NRS 640.024 “Practice
of physical therapy” defined.
NRS 640.026 “Supervising
physical therapist” defined.
NRS 640.029 Applicability
of chapter.
STATE BOARD OF PHYSICAL THERAPY EXAMINERS
NRS 640.030 Creation;
qualifications, terms and removal of members; representative of public not to
participate in examination; quorum; personal liability.
NRS 640.035 Election
of Chair and officers.
NRS 640.045 Compensation
of members and employees.
NRS 640.050 Powers
and duties.
NRS 640.060 Approval
of schools of physical therapy.
NRS 640.065 Fiscal
year.
NRS 640.070 Deposit
of fees; expenses; delegation of authority to take disciplinary action; deposit
of fines imposed by Board; claims for attorney’s fees and costs of
investigation.
NRS 640.075 Confidentiality
of certain records of the Board; exceptions.
LICENSING
NRS 640.080 Qualifications.
NRS 640.090 Application:
Contents; fee.
NRS 640.095 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 640.095 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 640.100 Examination
and reexamination of applicants: Time; scope; fee.
NRS 640.110 Issuance
and display of license; fee for replacement of lost license or to change name.
NRS 640.120 Temporary
license for medical emergency; temporary exemptions from licensing for certain
students and applicants.
NRS 640.140 Licensing
of physical therapist licensed in another state or territory.
NRS 640.150 Renewal;
expiration and reinstatement; continuing education; fees.
DISCIPLINARY ACTION
NRS 640.160 Authorized
actions; grounds.
NRS 640.1605 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 640.161 Complaint:
Filing; contents; review by Board; retention.
NRS 640.162 Commencement
of disciplinary proceedings required for certain violations of Industrial
Insurance Act.
NRS 640.163 Subpoenas.
NRS 640.164 Fees
and mileage for witness.
UNLAWFUL ACTS; ENFORCEMENT; PENALTIES
NRS 640.169 Unlawful
to practice physical therapy without license; exceptions; civil penalties.
NRS 640.1695 Practicing
or offering to practice without license: Reporting requirements of Board.
NRS 640.170 Penalty
for unauthorized use of letters, words or insignia.
NRS 640.180 False
oath or affirmation; fraudulent representation to obtain license; penalty.
NRS 640.190 Restriction
on practice of other forms of healing.
NRS 640.210 Enforcement:
Duties of Board; injunction.
PHYSICAL THERAPISTS’ ASSISTANTS
NRS 640.230 Qualifications
of applicant.
NRS 640.240 Requirements
for educational curriculum.
NRS 640.250 Application
for license: Contents; fee.
NRS 640.260 Issuance
and display of license; fee for replacement of lost license or to change name;
duration of validity of license.
NRS 640.270 Licensing
of physical therapist’s assistant licensed in another state or territory.
NRS 640.275 Temporary
license for medical emergency; temporary exemptions from licensing for certain
students and applicants.
NRS 640.280 Renewal
of license; expiration and reinstatement; continuing education; fees.
NRS 640.290 Supervision.
NRS 640.300 Penalty
for unauthorized use of letters, words or insignia.
PHYSICAL THERAPISTS’ TECHNICIANS
NRS 640.310 Supervision
by physical therapist while performing treatments related to physical therapy.
_________
_________
GENERAL PROVISIONS
NRS 640.011 Definitions. As
used in this chapter, unless the context otherwise requires, the terms defined
in NRS 640.013 to 640.026,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1971, 1124; A 1981, 933; 1989, 1574; 1993, 2543)
NRS 640.013 “Board” defined. “Board”
means the State Board of Physical Therapy Examiners.
(Added to NRS by 1971, 1124)
NRS 640.016 “Immediate supervision” defined. “Immediate
supervision” means that a person is present and immediately available within
the treatment area to give aid, direction and instruction to the person he or
she is supervising.
(Added to NRS by 1993, 2543)
NRS 640.021 “Physical therapist” defined. “Physical
therapist” means a person who is licensed in accordance with the provisions of
this chapter.
(Added to NRS by 1971, 1124; A 1989, 1574)
NRS 640.0213 “Physical therapist’s assistant” defined. “Physical therapist’s assistant” means a
person who assists in the practice of physical therapy under the supervision of
a licensed physical therapist and who is licensed under the provisions of this
chapter. The term is synonymous with “physical therapist assistant.”
(Added to NRS by 1981, 931; A 1989, 1574; 1993, 2543)
NRS 640.0216 “Physical therapist’s technician” defined. “Physical therapist’s technician” means an
unlicensed person who performs certain limited activities at the direction of
the physical therapist.
(Added to NRS by 1993, 2543)
NRS 640.022 “Physical therapy” defined. “Physical
therapy” means the specialty in the field of health which is concerned with
prevention of disability and physical rehabilitation of persons having
congenital or acquired disabilities.
(Added to NRS by 1971, 1124; A 1981, 933)
NRS 640.024 “Practice of physical therapy” defined. “Practice
of physical therapy”:
1. Includes:
(a) The performing and interpreting of tests and
measurements as an aid to evaluation or treatment;
(b) The planning of initial and subsequent
programs of treatment on the basis of the results of tests; and
(c) The administering of treatment through the
use of therapeutic exercise and massage, the mobilization of joints by the use
of therapeutic exercise without chiropractic adjustment, mechanical devices,
and therapeutic agents which employ the properties of air, water, electricity,
sound and radiant energy.
2. Does not include:
(a) The diagnosis of physical disabilities;
(b) The use of roentgenic rays or radium;
(c) The use of electricity for cauterization or
surgery; or
(d) The occupation of a masseur who massages only
the superficial soft tissues of the body.
(Added to NRS by 1981, 931; A 1985, 1411; 1993, 2543)
NRS 640.026 “Supervising physical therapist” defined. “Supervising physical therapist” means a
physical therapist who supervises a physical therapist’s assistant or physical
therapist’s technician.
(Added to NRS by 1989, 1574; A 1993, 2544)
NRS 640.029 Applicability of chapter. This
chapter does not apply to an occupational therapist, occupational therapy
assistant or athletic trainer who:
1. Is licensed to practice in this state;
2. Practices within the scope of that
license; and
3. Does not represent that he or she is a
physical therapist or physical therapist’s assistant, or that he or she
practices physical therapy.
(Added to NRS by 1991, 991; A 1993, 2544; 2003, 904)
STATE BOARD OF PHYSICAL THERAPY EXAMINERS
NRS 640.030 Creation; qualifications, terms and removal of members;
representative of public not to participate in examination; quorum; personal
liability.
1. The State Board of Physical Therapy
Examiners, consisting of five members appointed by the Governor, is hereby
created.
2. The Governor shall appoint:
(a) Four members who are licensed physical
therapists in the State of Nevada.
(b) One member who is a representative of the
general public. This member must not be:
(1) A physical therapist, a physical
therapist’s assistant or a physical therapist’s technician; or
(2) The spouse or the parent or child, by
blood, marriage or adoption, of a physical therapist, a physical therapist’s
assistant or a physical therapist’s technician.
3. The member who is a representative of
the general public shall not participate in preparing, conducting or grading
any examination required by the Board.
4. No member of the Board may serve more
than two consecutive terms.
5. The Governor may remove any member of
the Board for incompetency, neglect of duty, gross immorality or malfeasance in
office.
6. A majority of the members of the Board
constitutes a quorum.
7. No member of the Board may be held
liable in a civil action for any act which he or she has performed in good
faith in the execution of his or her duties under this chapter.
[Part 3:364:1955]—(NRS A 1957, 77; 1977, 1257; 1981,
933; 1989, 1574;
2003, 1196)
NRS 640.035 Election of Chair and officers. The
Board shall elect a Chair and other officers from among its members.
(Added to NRS by 2007, 1846)
NRS 640.045 Compensation of members and employees.
1. Each member of the Board is entitled to
receive:
(a) A salary of not more than $150 per day, as
fixed by the Board, while engaged in the business of the Board; and
(b) 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.
2. While engaged in the business of the
Board, each 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.
(Added to NRS by 1963, 157; A 1975, 305; 1981, 934,
1994; 1989,
1702; 2007,
2953)
NRS 640.050 Powers and duties.
1. The Board shall examine and license
qualified physical therapists and qualified physical therapist’s assistants.
2. The Board may adopt reasonable
regulations to carry this chapter into effect, including, but not limited to,
regulations concerning the:
(a) Issuance and display of licenses.
(b) Supervision of physical therapist’s
assistants and physical therapist’s technicians.
(c) Treatments and other regulated procedures
which may be performed by physical therapist’s technicians.
3. The Board shall keep a record of its
proceedings and a register of all persons licensed under the provisions of this
chapter. The register must show:
(a) The name of every living licensee.
(b) The last known place of business and
residence of each licensee.
(c) The date and number of each license issued as
a physical therapist or physical therapist’s assistant.
4. During September of every year in which
renewal of a license is required, the Board shall compile a list of licensed
physical therapists authorized to practice physical therapy and physical
therapist’s assistants licensed to assist in the practice of physical therapy
in this State. Any interested person in the State may obtain a copy of the list
upon application to the Board and the payment of such amount as may be fixed by
the Board, which amount must not exceed the cost of the list so furnished.
5. The Board may:
(a) Maintain offices in as many localities in the
State as it finds necessary to carry out the provisions of this chapter.
(b) Employ attorneys, investigators and other
professional consultants and clerical personnel necessary to the discharge of
its duties.
(c) Adopt a seal of which a court may take
judicial notice.
6. Any member or agent of the Board may enter
any premises in this State where a person who holds a license issued pursuant
to the provisions of this chapter practices physical therapy or as a physical
therapist’s assistant 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 physical
therapy or as a physical therapist’s assistant without the appropriate license
issued pursuant to the provisions of this chapter.
7. Any member of the Board may administer
an oath to a person testifying in a matter that relates to the duties of the
Board.
[Part 3:364:1955] + [4:364:1955]—(NRS A 1963, 157;
1971, 1126; 1981, 934; 1989, 1575; 1993, 2544; 2013, 2240)
NRS 640.060 Approval of schools of physical therapy. For the purpose of NRS
640.080, the Board shall approve any school or educational curriculum
taught at a school if the school is accredited by an accrediting agency
recognized by the Board.
[19:364:1955]—(NRS A 1981, 934; 1989, 1576; 2005, 695)
NRS 640.065 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, 157)
NRS 640.070 Deposit of fees; expenses; delegation of authority to take
disciplinary action; deposit of fines imposed by Board; claims for attorney’s
fees and costs of investigation.
1. All fees collected under this chapter
must be deposited by the Board in banks, credit unions or savings and loan
associations in the State of Nevada.
2. All expenses incident to the operation
of this chapter must be paid from the revenue derived therefrom.
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 and impose and collect
administrative fines therefor. If the Board so delegates its authority, the
Board may deposit the money from the fines in banks, credit unions or savings
and loan associations in this State for the support of the Board. In addition,
the hearing officer or panel may assess a licensee against whom disciplinary
action is taken any costs and fees incurred by the Board as a result of the
hearing. The money from the reimbursed costs and fees may also be deposited for
use by the Board.
4. If a hearing officer or panel is not
authorized to take disciplinary action pursuant to subsection 3, the Board
shall deposit the money collected from the imposition of administrative fines
with the State Treasurer for credit to the State General Fund. 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.
[13:364:1955]—(NRS A 1963, 158; 1983, 1541; 1993, 2545; 1999, 1535; 2005, 781)
NRS 640.075 Confidentiality of certain records of the Board; exceptions.
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 Board shall, to the extent
feasible, communicate or cooperate with or provide 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. 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, 1574; A 2003, 3455; 2005, 781; 2007, 2141; 2013, 2241)
LICENSING
NRS 640.080 Qualifications. To
be eligible for licensure by the Board as a physical therapist, an applicant
must:
1. Be of good moral character;
2. Have graduated from a school in which
he or she completed a curriculum of physical therapy approved by the Board; and
3. Pass to the satisfaction of the Board
an examination designated by the Board, unless he or she is entitled to
licensure without examination as provided in NRS
640.120 or 640.140.
[5:364:1955]—(NRS A 1975, 1296; 1981, 934; 1989, 1576)
NRS 640.090 Application: Contents; fee. Unless
he or she is entitled to licensure under NRS 640.120
or 640.140, a person who desires to be licensed as
a physical therapist must:
1. Apply to the Board, in writing, on a
form furnished by the Board;
2. Include in the application evidence,
under oath, satisfactory to the Board, that the person possesses the
qualifications required by NRS 640.080 other than
having passed the examination;
3. Pay to the Board at the time of filing
the application a fee set by a regulation of the Board in an amount not to
exceed $300;
4. Submit to the Board with the
application a complete set of fingerprints which the Board may forward to the
Central Repository for Nevada Records of Criminal History for submission to the
Federal Bureau of Investigation for its report;
5. Submit other documentation and proof
the Board may require; and
6. Submit all other information required
to complete the application.
[6:364:1955]—(NRS A 1957, 77; 1967, 858; 1971, 1126;
1981, 935; 1989,
1576; 1997,
2150; 2003,
2861; 2005,
2751, 2807)
NRS 640.095 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 as
a physical therapist or physical therapist’s assistant 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 as a physical therapist or physical therapist’s assistant 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 as a physical therapist or
physical therapist’s assistant 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 1997, 2149; A 2005, 2751, 2807)
NRS 640.095 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 as a physical therapist or physical therapist’s assistant 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 as a physical therapist or
physical therapist’s assistant 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 1997, 2149; A 2005, 2751, 2752, 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 640.100 Examination and reexamination of applicants: Time; scope; fee.
1. The Board shall examine applicants for
licensure as physical therapists at least twice a year at such places as it may
determine.
2. The examination must embrace such
subjects as the Board deems necessary to determine the applicant’s
qualifications, and the examination must include a written portion.
3. The Board may charge a fee for
examining or reexamining an applicant, based on the Board’s cost.
4. Before any applicant may take the
examination a third time, the applicant must meet with the Board to discuss the
possible need for further training or education and must complete any further
training or education determined by the Board to be prerequisite.
[10:364:1955]—(NRS A 1981, 935; 1989, 1576)
NRS 640.110 Issuance and display of license; fee for replacement of lost
license or to change name.
1. The Board shall license as a physical
therapist each applicant who proves to the satisfaction of the Board his or her
qualifications for licensure.
2. The Board shall issue to each applicant
who proves to the satisfaction of the Board his or her qualification for
licensure, a license as a physical therapist. The license authorizes the
applicant to represent himself or herself as a licensed physical therapist and
to practice physical therapy in the State of Nevada subject to the conditions
and limitations of this chapter.
3. Each physical therapist shall display
his or her current license in a location which is accessible to the public.
4. The Board may charge a fee, not to
exceed $25, to replace a lost license or to change a name on a license.
[11:364:1955]—(NRS A 1959, 194; 1967, 858; 1981, 935;
1987, 852; 1989, 1576)
NRS 640.120 Temporary license for medical emergency; temporary exemptions
from licensing for certain students and applicants.
1. The Board may issue, without
examination, a license to practice physical therapy for a period not to exceed
6 months to any person who meets the qualifications set forth in NRS 640.080, except subsection 3 thereof, upon
certification that the person has been assigned to the State of Nevada on a
temporary basis to assist in a medical emergency. Issuance of the temporary
license is subject to such fees, not to exceed $100, and conditions as the
Board may require.
2. A student of physical therapy is not
required to be licensed during his or her clinical training if the work is done
under the direct supervision of a licensed physical therapist.
3. A person who has applied for licensure
as a physical therapist and who meets the qualifications set forth in NRS 640.080, except subsection 3 thereof, is
temporarily exempt from licensure and may practice physical therapy during the
period of the temporary exemption if:
(a) The person has submitted a completed
application for licensure for the first time and the application has been
approved by the Board;
(b) The Board has approved the person to sit for
the examination required pursuant to NRS 640.100;
(c) The person has not previously failed an
examination for licensure as a physical therapist;
(d) The person practices physical therapy under
the supervision of a licensed physical therapist and in accordance with the
provisions of this chapter and the regulations of the Board; and
(e) The person complies with any other
requirements of the Board to practice physical therapy during the period of the
temporary exemption.
4. The temporary exemption authorized by
subsection 3 begins on the date on which the Board notifies the person that he
or she may practice physical therapy under the temporary exemption and
continues until the date of the examination if the person does not take the
examination or until the date on which the Board notifies the person of the
results of the examination. During the period of the temporary exemption, the
person:
(a) Shall not use as his or her title or
professional credentials any words, letters or insignia except for the words
“graduate of physical therapy.”
(b) Is subject to the regulatory and disciplinary
authority of the Board to the same extent as a licensed physical therapist.
[8:364:1955]—(NRS A 1967, 858; 1979, 714; 1981, 936; 1989, 1577; 2005, 695)
NRS 640.140 Licensing of physical therapist licensed in another state or
territory. The Board may, in its
discretion, license as a physical therapist, without examination, on the
payment of the required fee, an applicant for licensure who is a physical therapist
registered under the laws of another state or territory, if the requirements
for licensure of physical therapists in the state or territory in which the
applicant was licensed were at the date of licensure substantially equal to the
current requirements of this state.
[9:364:1955]—(NRS A 1989, 1577)
NRS 640.150 Renewal; expiration and reinstatement; continuing education;
fees.
1. A license to practice physical therapy
expires on July 31 of each year. A physical therapist may renew a license
before its expiration upon:
(a) Presentation of proof of completion of a
program of continuing education as required by subsection 3;
(b) Payment of a renewal fee established by the
Board; and
(c) Submission of all information required to
complete the renewal.
2. A license that is not renewed before
July 31 of each year expires. An expired license may be reinstated, at the
discretion of the Board, upon:
(a) Payment of the annual renewal fee and the
annual expiration fee established by the Board for each year the license is
expired; and
(b) Submission of all information required to
complete the renewal.
3. The Board shall require licensed
physical therapists to complete a program of continuing education as a
requirement for the renewal of licenses. The Board shall, by regulation:
(a) Prescribe the curriculum;
(b) Approve the courses of study or training; and
(c) Establish the fees,
Ê for the
program.
4. The Board may, pursuant to subsection
3, establish a fee of not more than $150 to consider approval of a course of
study or training.
[12:364:1955]—(NRS A 1957, 78; 1967, 859; 1981, 936; 1985, 1411; 1989, 1577; 1997, 2150; 2005, 696, 2752, 2807)
DISCIPLINARY ACTION
NRS 640.160 Authorized actions; grounds.
1. The Board, after notice and a hearing
as required by law, and upon any ground enumerated in subsection 2, may take
one or more of the following actions:
(a) Refuse to issue a license or temporary
license to any applicant.
(b) Refuse to renew the license or temporary
license of any person.
(c) Suspend or revoke the license or temporary
license of any person.
(d) Place any person who has been issued a
license or temporary license on probation.
(e) Impose an administrative fine which does not
exceed $5,000 on any person who has been issued a license.
2. The Board may take action pursuant to
subsection 1 if an applicant or person who has been licensed pursuant to this
chapter:
(a) Is habitually drunk or is addicted to the use
of a controlled substance.
(b) Has been convicted of violating any state or
federal law relating to controlled substances.
(c) Is, in the judgment of the Board, guilty of
immoral or unprofessional conduct.
(d) Has been convicted of any crime involving
moral turpitude.
(e) Has been convicted of violating any of the
provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.
(f) Is guilty, in the judgment of the Board, of
gross negligence in his or her practice as a physical therapist which may be
evidenced by claims of malpractice settled against a practitioner.
(g) Has obtained or attempted to obtain a license
by fraud or material misrepresentation.
(h) Has been declared insane by a court of
competent jurisdiction and has not thereafter been lawfully declared sane.
(i) Has entered into any contract or arrangement
which provides for the payment of an unearned fee to any person following his
or her referral of a patient.
(j) Has employed as a physical therapist any
unlicensed physical therapist or physical therapist whose license has been
suspended.
(k) Has had a license to practice physical
therapy suspended, revoked or in any way limited by another jurisdiction.
(l) Is determined to be professionally
incompetent by the Board.
(m) Has violated any provision of this chapter or
the Board’s regulations.
(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.
[14:364:1955]—(NRS A 1971, 2044; 1975, 119; 1981,
598, 937; 1983, 1541; 1987, 1569; 1989, 1578; 1993, 794, 888; 1995, 548; 2003, 3456; 2005, 782; 2009, 895; 2011, 858)
NRS 640.1605 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 person who is the
holder of a license as a physical therapist or physical therapist’s assistant,
the Board shall deem the license 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 by the district
attorney or other public agency pursuant to NRS
425.550 stating that the holder of the license has complied with the
subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Board shall reinstate a license as
a physical therapist or physical therapist’s assistant 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
person whose license was suspended stating that the person whose license was
suspended has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560.
(Added to NRS by 1997, 2149; A 2005, 2807)
NRS 640.161 Complaint: Filing; contents; review by Board; retention.
1. A complaint against any person who has
been licensed pursuant to this chapter may be initiated by the Board or may be
filed with the Board by any member or agent of the Board or any aggrieved
person.
2. The complaint must allege one or more
of the grounds enumerated in NRS 640.160 and must
contain a statement of facts showing that a provision of this chapter or the
Board’s regulations has been violated. The complaint must be sufficiently
detailed to enable the respondent to understand the allegations.
3. The complaint must be in writing and
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. The original complaint and two
copies must be filed with the Board.
4. The Board shall review each complaint.
If a complaint shows a substantial violation of a provision of this chapter or
the Board’s regulations, the Board shall proceed with a hearing on the
complaint pursuant to the provisions of chapter
622A of NRS.
5. The Board shall retain all complaints
filed with the Board pursuant to this section for at least 10 years, including,
without limitation, any complaints not acted upon.
(Added to NRS by 1981, 931; A 1989, 1579; 2005, 782; 2009, 896; 2013, 2241)
NRS 640.162 Commencement of disciplinary proceedings required for certain
violations of Industrial Insurance Act. Notwithstanding
the provisions of chapter 622A of NRS, if
the Board receives a report pursuant to subsection 5 of NRS 228.420, a disciplinary proceeding
regarding the report must be commenced within 30 days after the Board receives
the report.
(Added to NRS by 1981, 932; A 1993, 795; 2005, 783)
NRS 640.163 Subpoenas.
1. The Board or any member thereof may
issue subpoenas for the attendance of witnesses and the production of books and
papers.
2. The district court, in and for the
county in which any hearing is held, may 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.
3. If any witness refuses to attend or
testify or produce any books or papers required by a subpoena, the Board may
file a petition ex parte with the district court, setting forth that:
(a) Due notice has been given of the time and
place for the attendance of the witness or the production of the books or
papers;
(b) The witness has been subpoenaed in the manner
prescribed by this chapter;
(c) The witness has failed or refused to attend
or produce the books or papers required by the 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; and
(d) The Board therefore requests an order of the
court compelling the witness to attend and testify or produce the books or
papers before the Board.
4. The court, upon such a petition, shall
enter an order directing the witness to appear before the court at a time and
place fixed by the court in the order, and then and there to show cause why the
witness has not attended or testified or produced the books or papers before
the Board. The time may not be more than 10 days after the date of the order. A
certified copy of the order must be served upon the witness.
5. If the court determines 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. Failure to obey
the order is a contempt of the court which issued it.
(Added to NRS by 1981, 932)
NRS 640.164 Fees and mileage for witness. Each
witness who appears by order of 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. When 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
funds of the Board.
(Added to NRS by 1981, 932)
UNLAWFUL ACTS; ENFORCEMENT; PENALTIES
NRS 640.169 Unlawful to practice physical therapy without license;
exceptions; civil penalties.
1. Except as otherwise provided in NRS 629.091 and 640.120,
it is unlawful for any person to practice physical therapy in this State unless
the person holds a license or a temporary license issued pursuant to this
chapter. A person who violates the provisions of this subsection is guilty of a
gross misdemeanor.
2. In addition to any criminal penalty
that may be imposed for a violation of subsection 1, the Board, after notice
and hearing, may:
(a) Issue an order against any person who has
violated subsection 1 imposing an administrative penalty of not more than
$5,000 for each violation. Any administrative penalty collected pursuant to
this paragraph must be deposited in the State General Fund.
(b) Issue and serve on the person an order to
cease and desist until the person obtains from the Board the proper license or
otherwise demonstrates that he or she is no longer in violation of subsection
1. An order to cease and desist must include a telephone number with which the
person may contact the Board.
(c) Issue a citation to the person. A citation
issued pursuant to this paragraph must be in writing, describe with
particularity the nature of the violation and inform the person of the
provisions of this paragraph. Each activity in which the person is engaged
constitutes a separate offense for which a separate citation may be issued. To
appeal a citation, the person must submit a written request for a hearing to
the Board not later than 30 days after the date of issuance of the citation.
(d) Impose any combination of the penalties set
forth in paragraphs (a), (b) and (c).
(Added to NRS by 1981, 933; A 1989, 1579; 1995, 753; 2005, 697; 2013, 2241)
NRS 640.1695 Practicing or offering to practice without license: Reporting
requirements of Board. Unless the
Board determines that extenuating circumstances exist, the Board shall forward
to the appropriate law enforcement agency any substantiated information
submitted to the Board concerning a person who practices or offers to practice
physical therapy or as a physical therapist’s assistant without the appropriate
license issued pursuant to the provisions of this chapter.
(Added to NRS by 2013, 2240)
NRS 640.170 Penalty for unauthorized use of letters, words or insignia. A person who is not licensed under this
chapter as a physical therapist, or whose license has been suspended, revoked
or has expired and who uses in connection with his or her name the words or
letters “L.P.T.,” “Licensed Physical Therapist,” “R.P.T.,” “Registered Physical
Therapist,” “P.T.,” “Physical Therapist,” or any other letters, words or
insignia indicating or implying that the person is a licensed physical
therapist, or who in any other way, orally, or in writing, or in print, by
sign, directly or by implication, represents himself or herself as a licensed
physical therapist, is guilty of a misdemeanor.
[15:364:1955]—(NRS A 1959, 194; 1989, 1579)
NRS 640.180 False oath or affirmation; fraudulent representation to obtain
license; penalty. A person who
makes a willfully false oath or affirmation in any case in which an oath or
affirmation is required by this chapter, or who obtains or attempts to obtain a
license by any fraudulent representation, is guilty of a misdemeanor.
[16:364:1955]—(NRS A 1989, 1580)
NRS 640.190 Restriction on practice of other forms of healing. This chapter does not authorize a physical
therapist, whether licensed or not, to practice medicine, osteopathic medicine,
homeopathic medicine, chiropractic or any other form or method of healing.
[17:364:1955]—(NRS A 1975, 119; 1977, 965; 1981, 938;
1983, 1493; 1985,
1412; 1987,
1314; 1989,
1580)
NRS 640.210 Enforcement: Duties of Board; injunction.
1. The Board shall investigate every
supposed violation of this chapter coming to its notice and shall report to the
proper district attorney all cases that in the judgment of the Board warrant
prosecution.
2. Whenever any person has engaged or is
about to engage in any acts or practices which constitute or will constitute an
offense against this chapter, the district court of any county, on application
of the Board, may issue an injunction or any other order restraining such
conduct. Proceedings under this subsection shall be governed by Rule 65 of the Nevada Rules of
Civil Procedure, except that no bond or undertaking shall be required in any
action commenced by the Board.
[20:364:1955]—(NRS A 1959, 195)
PHYSICAL THERAPISTS’ ASSISTANTS
NRS 640.230 Qualifications of applicant. To
be eligible for licensing by the Board as a physical therapist’s assistant, an
applicant must:
1. Be at least 18 years old.
2. Be of good moral character.
3. Have graduated from an approved high
school.
4. Have completed an educational curriculum
approved by the Board for a physical therapist’s assistant.
5. Pass an examination designated by the
Board or be entitled to licensing without examination as provided in NRS 640.270 or 640.275.
(Added to NRS by 1971, 1125; A 1981, 938; 1989, 1580; 1993, 2545)
NRS 640.240 Requirements for educational curriculum.
1. For the purposes of NRS 640.230, the Board shall not approve any
educational curriculum for a physical therapist’s assistant unless the
curriculum includes elementary or intermediate courses in clinical, anatomical,
biological and physical sciences and is:
(a) At least a 2-year program requiring a minimum
of 60 academic semester credits at a college accredited by a recognized
accrediting agency; or
(b) A curriculum which is provided by the Armed
Forces of the United States.
2. The Board may refuse to approve any
educational curriculum for physical therapist’s assistants if the curriculum
does not include such courses in theory and procedures as determined by the
Board to be necessary for these assistants.
(Added to NRS by 1971, 1125; A 1981, 938; 1989, 1580; 1993, 2545; 2005, 697)
NRS 640.250 Application for license: Contents; fee. Unless
he or she is entitled to a license under NRS 640.270,
a person who desires to be licensed as a physical therapist’s assistant must:
1. Apply to the Board, in writing, on a
form furnished by the Board. The application for licensure as a physical
therapist’s assistant must also be signed by the supervising physical therapist
of the applicant.
2. Include in the application evidence,
under oath, satisfactory to the Board, that he or she possesses the
qualifications required by NRS 640.230 other than
having passed the examination.
3. Pay to the Board at the time of filing
the application a fee set by a regulation of the Board in an amount not to
exceed $200.
4. Submit to the Board with the
application a complete set of fingerprints which the Board may forward to the
Central Repository for Nevada Records of Criminal History for submission to the
Federal Bureau of Investigation for its report.
5. Submit such documentation and proof as
the Board may require.
6. Pay the fee for examination of the
applicant as the Board may establish.
7. Submit all other information required
to complete the application.
(Added to NRS by 1971, 1125; A 1981, 938; 1989, 1580; 1997, 2150; 2003, 2861; 2005, 2753, 2807)
NRS 640.260 Issuance and display of license; fee for replacement of lost
license or to change name; duration of validity of license.
1. The Board shall license as a physical
therapist’s assistant each applicant who proves to the satisfaction of the
Board his or her qualifications for a license.
2. The Board shall issue to each qualified
applicant a license that authorizes the applicant to represent himself or
herself as a physical therapist’s assistant and to practice as that assistant.
3. Each physical therapist’s assistant
shall display his or her current license in a location which is accessible to
the public.
4. The Board may charge a fee, not to
exceed $25, to replace a lost license or to change a name on a license.
5. A license as a physical therapist’s
assistant is valid as long as a supervising physical therapist supervises the
physical therapist’s assistant.
(Added to NRS by 1971, 1125; A 1981, 939; 1987, 852; 1989, 1581; 1993, 2546)
NRS 640.270 Licensing of physical therapist’s assistant licensed in another
state or territory. The Board may
license as a physical therapist’s assistant, without examination, on the
payment of the required fee, an applicant who is licensed as a physical
therapist’s assistant under the laws of another state or territory whose
requirements at the date of licensure were substantially equal to the current
requirements of this state.
(Added to NRS by 1971, 1125; A 1981, 939; 1989, 1581; 1993, 2546)
NRS 640.275 Temporary license for medical emergency; temporary exemptions
from licensing for certain students and applicants.
1. The Board may issue, without
examination, a temporary license to practice as a physical therapist’s
assistant to a person who:
(a) Meets all of the other qualifications of NRS 640.230; and
(b) Certifies that he or she has been assigned to
the State of Nevada on a temporary basis to assist in a medical emergency.
2. The Board may charge a fee, not to
exceed $100, for the issuance of a temporary license.
3. A student who is enrolled in a program
to become a physical therapist’s assistant is not required to be licensed
during his or her clinical training if the work is performed under the direct
supervision of a physical therapist.
4. A person who has applied for licensure
as a physical therapist’s assistant and who meets the qualifications set forth
in NRS 640.230, except subsection 5 thereof, is
temporarily exempt from licensure and may practice as a physical therapist’s
assistant during the period of the temporary exemption if:
(a) The person has submitted a completed
application for licensure for the first time and the application has been
approved by the Board;
(b) The Board has approved the person to sit for
the examination required pursuant to NRS 640.230;
(c) The person has not previously failed an
examination for licensure as a physical therapist’s assistant;
(d) The person practices as a physical
therapist’s assistant under the direct supervision of a supervising physical
therapist and in accordance with the provisions of this chapter and the
regulations of the Board; and
(e) The person complies with any other
requirements of the Board to practice as a physical therapist’s assistant
during the period of the temporary exemption.
5. The temporary exemption authorized by
subsection 4 begins on the date on which the Board notifies the person that he
or she may practice as a physical therapist’s assistant under the temporary
exemption and continues until the date of the examination if the person does
not take the examination or until the date on which the Board notifies the
person of the results of the examination. During the period of the temporary
exemption, the person:
(a) Shall not use as his or her title or
professional credentials the words, letters or insignia “P.T.A.” or “Physical
Therapist’s Assistant,” or any other letters, words or insignia indicating or
implying that he or she is a licensed physical therapist’s assistant.
(b) Is subject to the regulatory and disciplinary
authority of the Board to the same extent as a licensed physical therapist’s
assistant.
(Added to NRS by 1993, 2543; A 2005, 697)
NRS 640.280 Renewal of license; expiration and reinstatement; continuing
education; fees.
1. The license of a physical therapist’s
assistant expires on July 31 of each year. A physical therapist’s assistant may
renew a license before its expiration upon:
(a) Presentation of proof of completion of a
program of continuing education as required by subsection 3;
(b) Payment of the renewal fee established by the
Board; and
(c) Submission of all information required to
complete the renewal.
2. A license that is not renewed before
July 31 of each year expires. The Board may reinstate an expired license upon
payment of the annual renewal fee and the annual expiration fee established by
the Board for each year the license is expired.
3. The Board shall require each physical
therapist’s assistant to complete a program of continuing education as a
prerequisite for the renewal of a license. The Board shall prescribe the
curriculum and approve the courses of study or training for that program.
(Added to NRS by 1971, 1126; A 1981, 939; 1987, 852; 1989, 1581; 1993, 2546; 1997, 2151; 2005, 2753, 2807)
NRS 640.290 Supervision. A
person licensed as a physical therapist’s assistant may assist in the practice
of physical therapy only under the direct supervision of a supervising physical
therapist, as regulated by the Board and subject to the conditions and
limitations of NRS 640.230 to 640.300, inclusive.
(Added to NRS by 1971, 1126; A 1981, 939; 1989, 1581; 1993, 2546)
NRS 640.300 Penalty for unauthorized use of letters, words or insignia. Any person:
1. Who is not licensed under NRS 640.230 to 640.300,
inclusive, as a physical therapist’s assistant;
2. Whose license has been suspended or
revoked; or
3. Whose license has expired and has not
been reinstated,
Ê and who uses
in connection with his or her name the words or letters “P.T.A.” or “Physical
Therapist’s Assistant,” or any other letters, words or insignia indicating or
implying that he or she is a licensed physical therapist’s assistant, or who in
any other way, orally, or in writing, or in print, by sign, directly, or by
implication, represents himself or herself as a licensed physical therapist’s
assistant, is guilty of a misdemeanor.
(Added to NRS by 1971, 1126; A 1981, 939; 1989, 1581; 1993, 2547)
PHYSICAL THERAPISTS’ TECHNICIANS
NRS 640.310 Supervision by physical therapist while performing treatments
related to physical therapy.
1. A physical therapist shall provide
immediate supervision of a physical therapist’s technician while the technician
performs treatments related to physical therapy which have been directed by the
physical therapist.
2. As used in this section, “treatment”
does not include secretarial, clerical or housekeeping activities, the
transportation of a patient or the dressing or undressing of a patient.
(Added to NRS by 1993, 2543)
