[Rev. 11/21/2013 12:48:17
PM--2013]
CHAPTER 635 - PODIATRY
GENERAL PROVISIONS
NRS 635.010 Definitions.
NRS 635.015 Applicability.
STATE BOARD OF PODIATRY
NRS 635.020 Creation;
number, appointment and qualifications of members; compensation of members and
employees.
NRS 635.030 Officers;
regulations; expenses; record of transactions; seal.
NRS 635.035 Offices
and employees of Board; inspection of premises of licensee.
NRS 635.040 Deposit
of fees; payment of salaries and expenses; deposit of money from imposition of
civil penalties; claim for attorneys’ fees or costs of investigation.
NRS 635.045 Fiscal
year; biennial audit.
LICENSES
NRS 635.050 License
to practice podiatry: Requirements; fee for application.
NRS 635.056 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 635.056 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 635.065 Requirements
for applicants licensed in another jurisdiction.
NRS 635.067 Submission
of fingerprints.
NRS 635.070 Issuance
of license to successful applicants.
NRS 635.073 Board
prohibited from issuing or renewing license unless applicant attests to certain
information related to safe and appropriate injection practices.
NRS 635.075 Limited
license: Application; fee; qualifications; limitations on practice; renewal;
regulations.
NRS 635.082 Provisional
license: Qualifications; application; examination; fees; regulations.
NRS 635.085 Authorized
activities of licensed podiatric physician.
NRS 635.087 Use
of title describing profession by licensed podiatric physician.
NRS 635.093 Podiatry
hygienists: Requirements for license; fee.
NRS 635.097 Podiatry
hygienists: Limitation on practice.
NRS 635.098 Podiatry
hygienists: Authorized activities; required knowledge.
NRS 635.100 Display
of license.
NRS 635.110 Licenses:
Expiration; renewal; delinquency; fees.
NRS 635.112 Board
to maintain records concerning applicants; contents.
NRS 635.115 Continuing
education; certification in cardiopulmonary resuscitation.
NRS 635.118 Licensees:
Notice of change in mailing address; notice of change in location or close of
office located in State; location of records.
DISCIPLINARY ACTION
NRS 635.130 Authority
of Board to take disciplinary action; grounds.
NRS 635.135 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 635.150 Disciplinary
proceedings: Majority vote of Board required; commencement required for certain
violations of Industrial Insurance Act.
NRS 635.155 Subpoenas:
Issuance; enforcement.
NRS 635.158 Confidentiality
of certain records of Board; exceptions; retention of complaints.
NRS 635.159 Filing
of complaint.
ENFORCEMENT; UNLAWFUL ACTS
NRS 635.162 Injunctive
relief; order of court for limitation of practice or suspension of license;
temporary restraining order.
NRS 635.167 Unlawful
acts; penalties.
NRS 635.170 Prosecution
of violation.
NRS 635.180 Penalty
for unauthorized practice.
NRS 635.190 Practicing
or offering to practice without license: Reporting requirements of Board.
_________
GENERAL PROVISIONS
NRS 635.010 Definitions. As used
in this chapter, unless the context otherwise requires:
1. “Board” means the State Board of
Podiatry.
2. “Podiatry” is the diagnosis, prevention
and treatment of ailments of the human foot and leg.
3. “Podiatry hygienist” means a person
engaged in assisting a podiatric physician.
[Part 1:149:1949; 1943 NCL § 1077.1]—(NRS A 1969,
905; 1971, 1024; 1977, 190; 1983, 377; 1985, 492; 1993, 2219)
NRS 635.015 Applicability.
1. This chapter does not apply:
(a) To commissioned surgeons of the United States
Army, Navy or Marine Hospital Service in the actual performance of their
official duties, including, without limitation, providing medical care in a
hospital in accordance with an agreement entered into pursuant to NRS 449.2455.
(b) To physicians licensed in the State of
Nevada.
2. This chapter does not prohibit the
manufacture, recommendation, advertisement, demonstration or sale of
arch-support shoes, foot appliances or remedies by retail dealers.
[Part 1:149:1949; 1943 NCL § 1077.1] + [16:149:1949;
1943 NCL § 1077.16]—(NRS A 1969, 908; 1985, 497; 2009, 821)
STATE BOARD OF PODIATRY
NRS 635.020 Creation; number, appointment and qualifications of members;
compensation of members and employees.
1. The State Board of Podiatry, consisting
of five members appointed by the Governor, is hereby created.
2. The Governor shall appoint:
(a) Three members who are licensed podiatric
physicians in the State of Nevada.
(b) One member who represents the interests of
persons or agencies that regularly provide health care to patients who are
indigent, uninsured or unable to afford health care. This member may be
licensed under the provisions of this chapter.
(c) One member who is a representative of the
general public. This member must not be:
(1) A licensed podiatric physician in the
State of Nevada; or
(2) The spouse or the parent or child, by
blood, marriage or adoption, of a licensed podiatric physician in the State of
Nevada.
3. The members of the Board are 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.
4. 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.
[Part 2:149:1949; 1943 NCL § 1077.2]—(NRS A 1963,
153; 1969, 906; 1975, 304; 1977, 1253; 1979, 1868; 1981, 1993; 1985, 492; 1987, 1853; 1989, 1699; 1993, 2219; 2003, 1194; 2007, 1042, 2949)
NRS 635.030 Officers; regulations; expenses; record of transactions; seal.
1. The Board shall elect from among its
members a President, a Vice President, a Secretary and a Treasurer. The members
may assign the duties of the Treasurer and the Secretary to one person who must
be designated the Secretary-Treasurer.
2. The Board shall adopt regulations to
carry out the provisions of this chapter.
3. The Board shall not incur any expenses
which exceed the money received from time to time as fees provided by law.
4. The Board shall keep and preserve a
complete record of all its transactions.
5. The Board may adopt a seal of which any
court of this State may take judicial notice.
[3:149:1949; 1943 NCL § 1077.3] + [Part 9:149:1949;
1943 NCL § 1077.9] + [Part 10:149:1949; 1943 NCL § 1077.10]—(NRS A 1985, 493; 1987, 1857)
NRS 635.035 Offices and employees of Board; inspection of premises of
licensee.
1. 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.
2. The Board or any 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 podiatry or as a podiatry
hygienist 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 podiatry or as a
podiatry hygienist without the appropriate license issued pursuant to the
provisions of this chapter.
(Added to NRS by 1963, 153; A 2013, 2230)
NRS 635.040 Deposit of fees; payment of salaries and expenses; deposit of
money from imposition of civil penalties; claim for attorneys’ fees or costs of
investigation.
1. All fees provided for in this chapter
must be paid to the Treasurer of the Board, who shall deposit the fees in
banks, credit unions or savings and loan associations in this State. All of the
salaries and expenses for the operation of the Board must be paid from the
fees.
2. The Board shall deposit the money
collected from the imposition of civil penalties with the State Treasurer for
credit to the State General Fund, and may present a claim to the State Board of
Examiners for recommendation to the Interim Finance Committee if money is needed
to pay attorneys’ fees or the costs of an investigation, or both.
[Part 9:149:1949; 1943 NCL § 1077.9]—(NRS A 1963,
153; 1987, 1858;
1999, 1533)
NRS 635.045 Fiscal year; biennial audit. The
Board shall:
1. Operate on the basis of a fiscal year
commencing on July 1 and terminating on June 30; and
2. Audit its fiscal records once every 2
years.
(Added to NRS by 1963, 153; A 1983, 378)
LICENSES
NRS 635.050 License to practice podiatry: Requirements; fee for application.
1. Any person wishing to practice podiatry
in this State must, before beginning to practice, procure from the Board a
license to practice podiatry.
2. A license to practice podiatry may be
issued by the Board to any person who:
(a) Is of good moral character.
(b) Is a citizen of the United States or is
lawfully entitled to remain and work in the United States.
(c) Has received the degree of D.P.M., Doctor of
Podiatric Medicine, from an accredited school of podiatry.
(d) Has completed a residency approved by the
Board.
(e) Has passed the examination given by the
National Board of Podiatric Medical Examiners.
(f) Has not committed any act described in
subsection 2 of NRS 635.130. For the purposes of
this paragraph, an affidavit signed by the applicant stating that the applicant
has not committed any act described in subsection 2 of NRS
635.130 constitutes satisfactory proof.
3. An applicant for a license to practice
podiatry must submit to the Board or a committee thereof pursuant to such
regulations as the Board may adopt:
(a) The fee for an application for a license of
not more than $600;
(b) Proof satisfactory to the Board that the
requirements of subsection 2 have been met; and
(c) All other information required by the Board
to complete an application for a license.
Ê The Board
shall, by regulation, establish the fee required to be paid pursuant to this
subsection.
4. The Board may reject an application if
it appears that the applicant’s credentials are fraudulent or the applicant has
practiced podiatry without a license or committed any act described in
subsection 2 of NRS 635.130.
5. The Board may require such further
documentation or proof of qualification as it may deem proper.
6. The provisions of this section do not
apply to a person who applies for:
(a) A limited license to practice podiatry
pursuant to NRS 635.075; or
(b) A provisional license to practice podiatry
pursuant to NRS 635.082.
[Part 4:149:1949; 1943 NCL § 1077.4]—(NRS A 1960,
325; 1969, 906; 1977, 131, 1565; 1983, 378; 1985, 493; 1987, 1853; 1993, 2220; 1995, 869; 1997, 2135; 2003, 673; 2005, 2733, 2807, 2813; 2007, 1042)
NRS 635.056 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
practice podiatry or to practice as a podiatry hygienist 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 practice podiatry or to practice as a podiatry hygienist 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 practice podiatry or to
practice as a podiatry hygienist 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, 2134; A 2005, 2734, 2807)
NRS 635.056 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 practice podiatry or to practice as a podiatry hygienist 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 practice podiatry or to
practice as a podiatry hygienist 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, 2134; A 2005, 2734, 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 635.065 Requirements for applicants licensed in another jurisdiction.
1. In addition to the other requirements
for licensure set forth in this chapter, an applicant for a license to practice
podiatry in this State who has been licensed to practice podiatry in another
state or the District of Columbia must submit:
(a) An affidavit signed by the applicant that:
(1) Identifies each jurisdiction in which
the applicant has been licensed to practice; and
(2) States whether a disciplinary
proceeding has ever been instituted against the applicant by the licensing
board of that jurisdiction and, if so, the status of the proceeding; and
(b) If the applicant is currently licensed to
practice podiatry in another state or the District of Columbia, a certificate
from the licensing board of that jurisdiction stating that the applicant is in
good standing and no disciplinary proceedings are pending against the
applicant.
2. The Board may require an applicant who
has been licensed to practice podiatry in another state or the District of
Columbia to:
(a) Pass an examination prescribed by the Board
concerning the provisions of this chapter and any regulations adopted pursuant
thereto; or
(b) Submit satisfactory proof that:
(1) The applicant maintained an active practice
in another state or the District of Columbia within the 5 years immediately
preceding the application;
(2) No disciplinary proceeding has ever
been instituted against the applicant by a licensing board in any jurisdiction
in which he or she is licensed to practice podiatry; and
(3) The applicant has participated in a
program of continuing education that is equivalent to the program of continuing
education that is required pursuant to NRS 635.115
for podiatric physicians licensed in this State.
(Added to NRS by 2007, 1041)
NRS 635.067 Submission of fingerprints. Each
applicant for a license, including, without limitation, a limited or
provisional license, must submit to the Board:
1. A complete set of fingerprints; and
2. Written permission authorizing the
Board to forward the fingerprints submitted pursuant to subsection 1 to the
Central Repository for Nevada Records of Criminal History for submission to the
Federal Bureau of Investigation for its report.
(Added to NRS by 2011, 1871)
NRS 635.070 Issuance of license to successful applicants. Without unnecessary delay, the Board shall act
upon an application for a license submitted pursuant to this chapter. If an
applicant is found qualified, the applicant must be issued a license to practice
podiatry, or as a podiatry hygienist, as the case may be.
[Part 4:149:1949; 1943 NCL § 1077.4] + [Part
10:149:1949; 1943 NCL § 1077.10]—(NRS A 1969, 906; 1971, 1025; 1985, 494; 1987, 1854; 2007, 1043)
NRS 635.073 Board prohibited from issuing or renewing license unless
applicant attests to certain information related to safe and appropriate
injection practices. The Board
shall not issue or renew a license to practice podiatry unless the applicant
for issuance or renewal of the license attests to knowledge of and compliance
with the guidelines of the Centers for Disease Control and Prevention
concerning the prevention of transmission of infectious agents through safe and
appropriate injection practices.
(Added to NRS by 2011, 2055)
NRS 635.075 Limited license: Application; fee; qualifications; limitations
on practice; renewal; regulations.
1. The Board shall issue a limited license
to practice podiatry pursuant to this section to each applicant who complies
with the provisions of this section.
2. An applicant for a limited license to
practice podiatry must submit to the Board:
(a) An application on a form provided by the
Board;
(b) A fee in the amount of the fee for an
application for a license required pursuant to paragraph (a) of subsection 3 of
NRS 635.050; and
(c) Satisfactory proof that the applicant:
(1) Is of good moral character;
(2) Is a citizen of the United States or
is lawfully entitled to remain and work in the United States;
(3) For not less than 25 years:
(I) Was licensed to practice
podiatry in one or more states or the District of Columbia and practiced
podiatry during the period each such license was in effect; and
(II) Remained licensed in good
standing at all times during the period he or she was licensed to practice
podiatry; and
(4) Has not committed any act described in
subsection 2 of NRS 635.130. For the purposes of
this subparagraph, an affidavit signed by the applicant stating that the
applicant has not committed any act described in subsection 2 of NRS 635.130 constitutes satisfactory proof.
3. An applicant for a limited license is
not required to be licensed to practice podiatry in another state or the
District of Columbia when he or she submits the application for a limited
license to the Board.
4. A person who is issued a limited
license pursuant to this section may practice podiatry only under the direct
supervision of a podiatric physician who is licensed pursuant to this chapter
and who does not hold a limited license issued pursuant to this section.
5. A limited license issued pursuant to
this section:
(a) Is effective upon issuance; and
(b) May be renewed in the manner prescribed in NRS 635.110.
6. The Board may:
(a) Place such restrictions and conditions upon a
limited license issued pursuant to this section as the Board deems appropriate;
and
(b) Adopt regulations to carry out the provisions
of this section.
(Added to NRS by 2003, 672; A 2007, 1043)
NRS 635.082 Provisional license: Qualifications; application; examination;
fees; regulations.
1. A graduate of an accredited school of
podiatry may, during his or her residency, be granted a provisional license to
practice podiatry under the direct supervision of a podiatric physician
licensed to practice in this State. A provisional license must not be effective
for more than 1 year and is not renewable.
2. A provisional license to practice
podiatry may be issued by the Board to any person who:
(a) Is a citizen of the United States or is
lawfully entitled to remain and work in the United States.
(b) Has received the degree of D.P.M., Doctor of
Podiatric Medicine, from an accredited school of podiatry.
(c) Has passed the examination given by the
National Board of Podiatric Medical Examiners.
3. An applicant for a provisional license
to practice podiatry must submit to the Board or a committee thereof pursuant
to such regulations as the Board may adopt:
(a) The fee for an application for a provisional
license of not more than $600;
(b) Proof satisfactory to the Board that the
requirements of subsection 2 have been met; and
(c) All other information required by the Board
to complete an application for a provisional license.
4. The fee required pursuant to subsection
3 must be established by regulation of the Board.
5. The Board may by regulation govern the
issuance and conditions of the provisional license.
(Added to NRS by 1987, 1852; A 1993, 2221; 1995, 869; 2007, 1044)
NRS 635.085 Authorized activities of licensed podiatric physician.
1. Except as otherwise provided in
subsection 2, a podiatric physician licensed by the Board may:
(a) Administer electricity to the foot or leg by
means including electrodes, machinery and rays.
(b) Use his or her hands and machinery to work
upon the foot or leg and its articulations.
(c) Apply any mechanical appliance to the foot or
leg or in the shoe to treat any disease, deformity or ailment.
(d) Apply pads, adhesives, felt, plasters and any
medicine to the foot and leg.
(e) Prescribe and dispense controlled substances
and dangerous drugs.
(f) Construct models of the feet.
(g) Administer a local anesthetic.
(h) Use any cutting instrument to treat a
disease, ailment or condition.
(i) Treat the effects of a systemic disease upon
the foot or leg.
(j) Amputate a toe if the podiatric physician:
(1) Performs the amputation in a hospital
as defined in NRS 449.012 or a surgical
center for ambulatory patients as defined in NRS
449.019;
(2) Is authorized by the hospital or
surgical center to perform the amputation;
(3) Has completed a program of surgical training
as a resident and provides proof satisfactory to the hospital or surgical
center of completion of the program;
(4) Complies with any other requirements
established by the hospital or surgical center; and
(5) Performs the amputation in accordance
with the standard of care required for a physician licensed pursuant to chapter 630, 630A
or 633 of NRS.
2. A podiatric physician shall not:
(a) Treat any other effect of a systemic disease
unless the disease originates in the foot or leg.
(b) Amputate a leg or foot.
(Added to NRS by 1983, 377; A 1985, 494; 1993, 2221; 2001, 1829)
NRS 635.087 Use of title describing profession by licensed podiatric
physician. A person who is
licensed to practice podiatry pursuant to this chapter may use any title which
describes the profession, including, without limitation, “D.P.M.,”
“Podiatrist,” “Podiatric Physician,” “Podiatric Physician-Surgeon” or
“Physician-Surgeon D.P.M.”
(Added to NRS by 1993, 2219)
NRS 635.093 Podiatry hygienists: Requirements for license; fee. Any
person wishing to be licensed as a podiatry hygienist in this State must:
1. Furnish the Board with satisfactory
proof that the person:
(a) Is of good moral character.
(b) Is a citizen of the United States or is
lawfully entitled to remain and work in the United States.
(c) Has satisfactorily completed a course for
podiatry hygienists approved by the Board or has had 6 months or more of
training in a podiatric physician’s office as approved by the Board.
2. Submit all information required to
complete an application for a license.
3. Pay to the Board a fee, not exceeding
$100, which must be established by regulation of the Board.
(Added to NRS by 1971, 1024; A 1977, 132; 1979, 1868;
1985, 495; 1987, 1858; 1993, 2221; 1997, 2136; 2005, 2735, 2807; 2007, 1045)
NRS 635.097 Podiatry hygienists: Limitation on practice. The holder of a valid and active license to
practice as a podiatry hygienist may be employed as a podiatry hygienist in
this State only in the office of a licensed podiatric physician.
(Added to NRS by 1971, 1024; A 1979, 1869; 1987, 1854; 1993, 2222)
NRS 635.098 Podiatry hygienists: Authorized activities; required knowledge.
1. Any podiatry hygienist in the employ
and under the direction of a podiatric physician may:
(a) Apply orthopedic padding.
(b) Administer to patients by means of
physiotherapeutic equipment.
(c) Make up surgical packs.
(d) Strap and cast for orthopedic appliances.
(e) Take and develop X rays.
(f) Assist in foot surgery.
(g) Administer oral medications.
2. The Board may require that every
podiatry hygienist have a general knowledge of sterile techniques, aseptic
maintenance of surgery rooms, emergency treatments, podiatric nomenclature and
podiatric surgical procedure.
(Added to NRS by 1977, 133; A 1985, 495; 1993, 2222)
NRS 635.100 Display of license. Every
person practicing podiatry or practicing as a podiatry hygienist shall, upon
receiving the license provided for by this chapter, cause the license to be
conspicuously displayed at all times in every office maintained by the person
or in which he or she practices in this State.
[Part 6:149:1949; 1943 NCL § 1077.6]—(NRS A 1969,
907; 1971, 1025; 1987,
1854)
NRS 635.110 Licenses: Expiration; renewal; delinquency; fees. Except as otherwise provided in NRS 635.082:
1. A license issued under the provisions
of this chapter expires on October 31 of each year. A license may be renewed
before its expiration upon presentation of proof of:
(a) Completion of the hours of continuing
education required pursuant to NRS 635.115;
(b) Current certification in the techniques of
administering cardiopulmonary resuscitation;
(c) Submission of all information required to
complete the renewal; and
(d) Payment of a renewal fee in an amount not to
exceed $600 for a podiatric physician and not to exceed $100 for a podiatry
hygienist. The Board shall, by regulation, establish the amount of each fee.
2. A license which is not renewed by
October 31 of each year is delinquent. A delinquent license may be reinstated,
at the discretion of the Board:
(a) Upon payment of the appropriate annual
renewal fee and an additional fee for delinquency in an amount established by
the Board; and
(b) If the license is delinquent for more than 1
year, upon the holder of the delinquent license:
(1) Passing an examination prescribed by
the Board concerning the provisions of this chapter and any regulations adopted
pursuant thereto; or
(2) Submitting satisfactory proof that:
(I) The holder of the delinquent license
maintained an active practice in another state or the District of Columbia
within the 5 years immediately preceding the application;
(II) No disciplinary proceeding has
ever been instituted against the holder of the delinquent license by a licensing
board in any jurisdiction in which he or she is licensed to practice podiatry;
and
(III) If the holder of the
delinquent license is a podiatric physician, he or she has participated in a
program of continuing education that is equivalent to the program of continuing
education required pursuant to NRS 635.115 for
podiatric physicians licensed in this State.
[5:149:1949; 1943 NCL § 1077.5] + [Part 6:149:1949;
1943 NCL § 1077.6] + [7:149:1949; 1943 NCL § 1077.7]—(NRS A 1960, 325; 1969,
907; 1971, 1025; 1977, 132; 1979, 1869; 1985, 496; 1987, 1855; 1993, 2222; 1997, 2136; 2005, 2735, 2807; 2007, 1045)
NRS 635.112 Board to maintain records concerning applicants; contents. The Board shall maintain records concerning
the applicants to whom licenses have been issued or denied. Each such record
must include:
1. The name and address of the applicant;
2. The name of the school which granted a
diploma to the applicant and the date on which it was granted; and
3. The date of the issuance or denial of
the license.
(Added to NRS by 1987, 1857)
NRS 635.115 Continuing education; certification in cardiopulmonary
resuscitation.
1. Every even-numbered year each podiatric
physician must, at the time of paying the annual renewal fee, present to the
Secretary of the Board satisfactory evidence that during the preceding 2 years
the podiatric physician attended at least 50 hours of instruction in courses
approved by the Board for purposes of continuing professional education and is
currently certified in the techniques of administering cardiopulmonary
resuscitation. The Board may waive all or part of the requirement of continuing
education in a particular year if the podiatric physician was prevented from
that attendance by circumstances beyond his or her control.
2. If a podiatric physician fails to
provide proof of his or her continuing education and does not obtain a waiver
from the Board, the license must not be renewed.
(Added to NRS by 1979, 1868; A 1985, 497; 1987, 1856; 1993, 2222)
NRS 635.118 Licensees: Notice of change in mailing address; notice of change
in location or close of office located in State; location of records.
1. Each licensee shall:
(a) Maintain a permanent mailing address with the
Board; and
(b) If the licensee changes his or her permanent
mailing address, notify the Board in writing of the new permanent mailing
address within 30 days after the change of address.
2. If a licensee fails to provide the
written notice required by paragraph (b) of subsection 1, the Board shall, in
addition to any disciplinary action taken or fine imposed pursuant to NRS 635.130, impose upon the licensee a fine not to
exceed $250.
3. A licensee who changes the location of
his or her office in this State shall notify the Board in writing of the change
in location before practicing at the new location.
4. A licensee who closes his or her office
in this State shall:
(a) Notify the Board in writing of the closure
within 14 days after closing the office; and
(b) For a period of 5 years thereafter, unless a
longer period of retention is provided by federal law, keep the Board apprised
in writing of the location and custodian of the medical records of the patients
of the licensee.
(Added to NRS by 2011, 1871)
DISCIPLINARY ACTION
NRS 635.130 Authority of Board to take disciplinary action; grounds.
1. The Board, after notice and a hearing
as required by law, and upon any cause enumerated in subsection 2, may take one
or more of the following disciplinary actions:
(a) Deny an application for a license or refuse
to renew a license.
(b) Suspend or revoke a license.
(c) Place a licensee on probation.
(d) Impose a fine not to exceed $5,000.
2. The Board may take disciplinary action
against a licensee for any of the following causes:
(a) The making of a false statement in any
affidavit required of the applicant for application, examination or licensure
pursuant to the provisions of this chapter.
(b) Lending the use of the holder’s name to an
unlicensed person.
(c) If the holder is a podiatric physician,
permitting an unlicensed person in his or her employ to practice as a podiatry
hygienist.
(d) Habitual indulgence in the use of alcohol or
any controlled substance which impairs the intellect and judgment to such an
extent as in the opinion of the Board incapacitates the holder in the performance
of his or her professional duties.
(e) Conviction of a crime involving moral
turpitude.
(f) Conviction of violating any of the provisions
of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.
(g) Conduct which in the opinion of the Board
disqualifies the licensee to practice with safety to the public.
(h) The commission of fraud by or on behalf of
the licensee regarding his or her license or practice.
(i) Gross incompetency.
(j) Affliction of the licensee with any mental or
physical disorder which seriously impairs his or her competence as a podiatric
physician or podiatry hygienist.
(k) False representation by or on behalf of the
licensee regarding his or her practice.
(l) Unethical or unprofessional conduct.
(m) Failure to comply with the requirements of
subsection 1 of NRS 635.118.
(n) Willful or repeated violations of this chapter
or regulations adopted by the Board.
(o) Willful violation of the regulations adopted
by the State Board of Pharmacy.
(p) Knowingly procuring or administering a
controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the
United States Food and Drug Administration, unless the unapproved controlled
substance or dangerous drug:
(1) Was procured through a retail pharmacy
licensed pursuant to chapter 639 of NRS;
(2) Was procured through a Canadian
pharmacy which is licensed pursuant to chapter
639 of NRS and which has been recommended by the State Board of Pharmacy
pursuant to subsection 4 of NRS 639.2328;
or
(3) Is marijuana being used for medical
purposes in accordance with chapter 453A of
NRS.
(q) Operation of a medical facility, as defined
in NRS 449.0151, at any time during
which:
(1) The license of the facility is
suspended or revoked; or
(2) An act or omission occurs which
results 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.
[12:149:1949; 1943 NCL § 1077.12]—(NRS A 1969, 908;
1971, 1026, 2037, 2049; 1977, 133; 1979, 960; 1981, 595; 1983, 378; 1985, 497; 1987, 802, 1563, 1856; 1993, 789, 887, 2223; 1995, 870; 2003, 3449; 2005, 769; 2009, 888; 2011, 262, 853, 1871)
NRS 635.135 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 to practice podiatry or to practice as a podiatry
hygienist, 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 to
practice podiatry or to practice as a podiatry hygienist 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, 2134; A 2005, 2807)
NRS 635.150 Disciplinary proceedings: Majority vote of Board required;
commencement required for certain violations of Industrial Insurance Act.
1. A decision by the Board in a
disciplinary proceeding must be made by a majority vote of the members of the
Board.
2. 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.
[14:149:1949; 1943 NCL § 1077.14]—(NRS A 1993, 790; 2005, 770)
NRS 635.155 Subpoenas: Issuance; enforcement.
1. The Board 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.
(Added to NRS by 1985, 492)
NRS 635.158 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. An order that imposes discipline and
the findings of fact and conclusions of law supporting that order are public
records.
4. 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.
5. 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, 3448; A 2005, 770; 2007, 2138; 2009, 889; 2013, 2230)
NRS 635.159 Filing of complaint. Any
person who becomes aware that a person practicing podiatry or practicing as a
podiatry hygienist in this State has, is or is about to become engaged in
conduct which constitutes grounds for initiating disciplinary action may file a
complaint with the Board. A complaint may be filed anonymously. If a complaint is
filed anonymously, the Board may accept the complaint but may refuse to
consider the complaint if anonymity of the complainant makes processing the
complaint impossible or unfair to the person who is the subject of the
complaint.
(Added to NRS by 2013, 2229)
ENFORCEMENT; UNLAWFUL ACTS
NRS 635.162 Injunctive relief; order of court for limitation of practice or
suspension of license; temporary restraining order.
1. In addition to any other remedy
provided by law, the Board, through its President or Secretary or the Attorney
General, may apply to any court of competent jurisdiction:
(a) To enjoin any prohibited act or other conduct
of a podiatric physician which is harmful to the public;
(b) To enjoin any person who is not licensed
under this chapter from practicing podiatry;
(c) To limit the podiatric physician’s practice
or suspend his or her license to practice podiatry; or
(d) To enjoin the use of the title “D.P.M.,”
“Podiatrist,” “Podiatric Physician,” “Podiatric Physician-Surgeon” or
“Physician-Surgeon D.P.M.” when not licensed by the Board pursuant to this
chapter, unless the use is otherwise authorized by a specific statute.
2. The court in a proper case may issue a
temporary restraining order or a preliminary injunction for the purposes set
forth in subsection 1:
(a) Without proof of actual damage sustained by
any person;
(b) Without relieving any person from criminal
prosecution for engaging in the practice of podiatry without a license; and
(c) Pending proceedings for disciplinary action
by the Board.
(Added to NRS by 1987, 1852; A 1993, 2224)
NRS 635.167 Unlawful acts; penalties.
1. Any person who:
(a) Presents to the Board as his or her own the
diploma, license or credentials of another;
(b) Gives either false or forged evidence of any
kind to the Board;
(c) Practices podiatry under a false or assumed
name or falsely personates another licensee;
(d) Except as otherwise provided by specific
statute, practices podiatry without being licensed under this chapter; or
(e) Uses the title “D.P.M.,” “Podiatrist,”
“Podiatric Physician,” “Podiatric Physician-Surgeon” or “Physician-Surgeon D.P.M.”
when not licensed by the Board pursuant to this chapter, unless otherwise
authorized by a specific statute,
Ê is guilty of
a gross misdemeanor, unless a greater penalty is provided pursuant to NRS 200.830 or 200.840.
2. In addition to any other penalty
prescribed by law, if the Board determines that a person has committed any act
described in subsection 1, the Board may:
(a) 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.
(b) 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.
(c) Assess against the person an administrative
fine as provided in paragraph (d) of subsection 1 of NRS
635.130.
(d) Impose any combination of the penalties set
forth in paragraphs (a), (b) and (c).
(Added to NRS by 1987, 1853; A 1993, 2224; 2013, 999, 2230)
NRS 635.170 Prosecution of violation.
1. The Board shall report any violation of
this chapter to the district attorney of the county wherein the violation
occurs.
2. The district attorney shall promptly
prosecute any person violating any provision of this chapter.
[Part 15:149:1949; 1943 NCL § 1077.15]—(NRS A 1959,
183; 1969, 909; 1971, 1027; 1985, 498)
NRS 635.180 Penalty for unauthorized practice. Except
as otherwise provided in NRS 635.167, every person
who practices podiatry or as a podiatry hygienist without having complied with
the provisions of this chapter must be fined not more than $10,000 for each
offense.
[Part 15:149:1949; 1943 NCL § 1077.15]—(NRS A 1967,
642; 1969, 909; 1971, 1027; 1977, 133; 1987, 1857; 1993, 887; 2003, 3449)
NRS 635.190 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
podiatry or as a podiatry hygienist without the appropriate license issued
pursuant to the provisions of this chapter.
(Added to NRS by 2013, 2229)