Nrs: Chapter 635 - Podiatry

Link to law: https://www.leg.state.nv.us/NRS/NRS-635.html
Published: 2015

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[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)