[Rev. 11/21/2013 12:49:39
PM--2013]
CHAPTER 638 - VETERINARIANS
GENERAL PROVISIONS
NRS 638.001 Definitions.
NRS 638.0015 “Agency”
defined.
NRS 638.002 “Animal”
defined.
NRS 638.004 “Board”
defined.
NRS 638.005 “Euthanasia
technician” defined.
NRS 638.007 “Licensed
veterinarian” defined.
NRS 638.008 “Practice
of veterinary medicine” defined.
NRS 638.009 “School
of veterinary medicine” defined.
NRS 638.011 “Veterinarian”
defined.
NRS 638.012 “Veterinary
medicine” defined.
NRS 638.013 “Veterinary
technician” defined.
NRS 638.015 Applicability.
NRS 638.017 Service
of process.
NRS 638.019 Action
to collect compensation for regulated services requires proof of licensure at
time of service.
NEVADA STATE BOARD OF VETERINARY MEDICAL EXAMINERS
NRS 638.020 Creation;
number, appointment, qualifications and removal of members.
NRS 638.030 Oaths
of appointive members.
NRS 638.040 Compensation
of members and employees.
NRS 638.050 Officers;
employment of Executive Director.
NRS 638.060 Meetings;
quorum.
NRS 638.070 Regulations;
powers; employees; offices.
NRS 638.073 Administration
of oaths.
NRS 638.077 Inspections.
NRS 638.080 Duties
of Executive Director; deposit, use and payment of Board’s money.
NRS 638.085 Fiscal
year.
NRS 638.087 Records:
General requirements; confidentiality of certain records of Board; exceptions.
NRS 638.089 Records:
Additional provisions governing confidentiality and disclosure.
LICENSING
NRS 638.090 Unlawful
to practice without license.
NRS 638.100 Application
for license; qualifications; fee; grounds for refusal of license.
NRS 638.103 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 638.103 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 638.105 Admission
to practice without examination.
NRS 638.110 Examination
for license.
NRS 638.116 Euthanasia
technician: Application for license; qualifications; fee.
NRS 638.117 Euthanasia
technician: Examination.
NRS 638.118 Euthanasia
technician: Duties upon cessation of qualified employment.
NRS 638.119 Euthanasia
technician: Regulations.
NRS 638.122 Veterinary
technicians: Application for license; qualifications; fee.
NRS 638.123 Veterinary
technicians: Examination.
NRS 638.124 Veterinary
technicians: Regulations of Board; responsibility of supervising veterinarian.
NRS 638.125 Practice
by veterinarians licensed by adjoining states in areas not adequately served;
conditions.
NRS 638.127 Renewal
of license; penalty for delinquency; examination before renewal; limitation on
issuance of license by reciprocity.
NRS 638.128 Placement
of license on inactive status: Application; qualifications; effect;
regulations.
NRS 638.129 Removal
of limitation or suspension of license; reinstatement of revoked license.
NRS 638.131 Provision
of regulations to licensees.
NRS 638.132 Board
to adopt regulations for licensure of facility in which veterinary medicine is
practiced.
NRS 638.133 Duty
to report claim for malpractice or negligence and disposition.
NRS 638.134 Duty
to recommend vaccinations for zoonotic diseases; duty to provide veterinary
services at level of quality required by chapter.
DISCIPLINARY ACTION
Grounds
NRS 638.140 Statutory
or regulatory violations; criminal offenses; improper or unlawful acts
involving controlled substances; incompetence, negligence or malpractice; other
grounds.
NRS 638.1402 Fraudulent
acts.
NRS 638.1404 Claiming
professional superiority; accepting money to cure manifestly incurable disease;
participating in agreement to split fees or provide rebates in connection with
referral of client without informing client of agreement.
NRS 638.1406 Allowing
improper use of name; unlawful professional association; failure to report
revocation of license to practice in another state, territory or district of
United States.
NRS 638.1408 Failure
to maintain facilities in sanitary condition; failure to maintain or alteration
of records; filing false report or failing to make required report; inhumane or
cruel treatment of animals.
Complaints, Investigations and Summary Orders
NRS 638.1413 Filing
of complaint; investigation by Board; contents of notice sent by Executive
Director.
NRS 638.1416 Physical
examination of animal after filing of complaint concerning care of animal.
NRS 638.1419 Conduct
of investigation.
NRS 638.142 Mental
or physical examination; examination of competency to practice.
NRS 638.1423 Summary
order of suspension or prohibition; hearing; investigation; order.
NRS 638.1429 Procedure
after investigation completed.
NRS 638.144 Issuance
and enforcement of subpoenas.
NRS 638.1445 Search
warrant.
Disciplinary Proceedings
NRS 638.145 Evidentiary
standard for refusing to issue license or taking disciplinary action.
NRS 638.147 Authorized
disciplinary action; private reprimands prohibited; orders imposing discipline
deemed public records.
NRS 638.1471 Issuance
of citation by Board containing order of abatement or order to pay
administrative fine; contents; penalty for failure to comply; regulations.
NRS 638.1473 Expenses
of Board; deposit of money collected or received by Board or its delegate;
delegation of Board’s authority to take disciplinary action; presentation of
claim for payment of attorney’s fees and cost of investigation.
NRS 638.148 Judicial
review.
Miscellaneous Provisions
NRS 638.151 Representation
of Board at hearing.
NRS 638.1515 Requirements
for proof.
NRS 638.152 Immunity
from civil action.
NRS 638.1525 Unlawful
for licensee to provide medical assistance, treatment or counsel to human
being; exception; ground for disciplinary action; suspension of license; penalty.
NRS 638.1527 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.]
ENFORCEMENT; PENALTIES
NRS 638.153 Criminal
prosecution not precluded by disciplinary action.
NRS 638.155 Injunctive
relief for violations of chapter.
NRS 638.1551 Injunctive
relief for unprofessional conduct.
NRS 638.1555 Allegation
necessary for injunction.
NRS 638.160 Prosecution
of violators by Attorney General or district attorneys.
NRS 638.170 Penalties.
MISCELLANEOUS PROVISIONS
NRS 638.200 Donated
drugs: Restrictions on reissuance; donation; immunity from liability;
maintenance of records; regulations.
_________
GENERAL PROVISIONS
NRS 638.001 Definitions. As
used in this chapter, unless the context otherwise requires, the words and terms
defined in NRS 638.0015 to 638.013,
inclusive, have the meanings ascribed to them in those sections.
[Part 2:17:1919; 1919 RL p. 3204; NCL § 7791] + [Part
8:17:1919; 1919 RL p. 3205; NCL § 7797]—(NRS A 1960, 410; 1965, 364; 1975,
1148; 1985, 534;
1989, 537; 1995, 1676)
NRS 638.0015 “Agency” defined. “Agency”
means:
1. A law enforcement agency;
2. An animal control agency; or
3. A society for the prevention of cruelty
to animals which is in compliance with the provisions of chapter 574 of NRS.
(Added to NRS by 1995, 1675)
NRS 638.002 “Animal” defined. “Animal”
excludes a human being and includes any mammal, amphibian, fowl, bird, fish or
reptile, wild or domestic, living or dead.
(Added to NRS by 1989, 536; A 1995, 1676)
NRS 638.004 “Board” defined. “Board”
means the Nevada State Board of Veterinary Medical Examiners.
(Added to NRS by 1989, 536)
NRS 638.005 “Euthanasia technician” defined. “Euthanasia
technician” means an employee of a law enforcement agency, an animal control
agency, or of a society for the prevention of cruelty to animals that is in
compliance with the provisions of chapter 574
of NRS, who is licensed by the Board and trained to administer sodium
pentobarbital to euthanize injured, sick, homeless or unwanted domestic pets
and other animals.
(Added to NRS by 1989, 536)
NRS 638.007 “Licensed veterinarian” defined. “Licensed
veterinarian” means a person who is licensed by the Board and is on active
status to practice veterinary medicine in this State.
(Added to NRS by 1989, 536; A 1995, 1676)
NRS 638.008 “Practice of veterinary medicine” defined. “Practice of veterinary medicine” means:
1. To diagnose, treat, correct, change,
relieve or prevent animal disease, deformity, defect, injury or other physical
or mental conditions, including, but not limited to:
(a) The prescription or the administration of any
drug, medicine, biologic, apparatus, application, anesthetic or other
therapeutic or diagnostic substance or technique;
(b) The collection of embryos;
(c) Testing for pregnancy or for correcting
sterility or infertility;
(d) Acupuncture;
(e) Dentistry;
(f) Chiropractic procedures;
(g) Surgery, including cosmetic surgery; or
(h) Rendering advice or recommendation with
regard to any of these.
2. To represent, directly or indirectly,
publicly or privately, an ability and willingness to do any act described in
subsection 1.
3. To use any title, words, abbreviation
or letters in a manner or under circumstances which induce the belief that the
person using them is qualified to do any act described in subsection 1, except
if the person is a veterinarian.
(Added to NRS by 1989, 536; A 1995, 1676)
NRS 638.009 “School of veterinary medicine” defined. “School of veterinary medicine” means any
veterinary college or division of a university or college that offers the
degree of doctor of veterinary medicine or its equivalent and that conforms to
the standards required for accreditation by the American Veterinary Medical
Association.
(Added to NRS by 1989, 537)
NRS 638.011 “Veterinarian” defined. “Veterinarian”
means a person who has received a doctor’s degree in veterinary medicine from a
school of veterinary medicine.
(Added to NRS by 1989, 537)
NRS 638.012 “Veterinary medicine” defined. “Veterinary
medicine” includes veterinary surgery, obstetrics, dentistry and all other
branches or specialties of veterinary medicine.
(Added to NRS by 1989, 537)
NRS 638.013 “Veterinary technician” defined. “Veterinary
technician” means a person who is:
1. Licensed by the Board pursuant to NRS 638.122; and
2. Formally trained for the specific
purpose of assisting a licensed veterinarian in the performance of professional
or technical services in the field of veterinary medicine.
(Added to NRS by 1989, 536; A 1995, 1676; 2003, 1223)
NRS 638.015 Applicability. Nothing
in this chapter applies:
1. To the gratuitous castrating, dehorning
or vaccinating of domesticated animals nor to the gratuitous treatment of
diseased animals by friends or neighbors of the owner thereof, except that all
vaccinations for zoonotic diseases must be administered by a licensed
veterinarian or a person under the direct supervision of a licensed
veterinarian.
2. To debar any veterinarian in the employ
of the United States Government or the State of Nevada from performing official
duties necessary for the conduct of the business of the United States
Government or the State of Nevada, or a political subdivision thereof, upon
which the veterinarian is assigned.
3. To any person who is a diplomate from
an approved specialty board of the American Veterinary Medical Association who
is called into the State for consultation by a person licensed to practice
under this chapter for a period not to exceed 30 days in any 12-month period if
the person practices under the auspices of a licensed veterinarian.
4. To the giving of advice with respect to
or the performance of acts which the Board by rule has prescribed as accepted
livestock management practices.
5. To the owner of an animal or full-time
regular employee of the owner who is caring for and treating an animal which
belongs to the owner unless the ownership of the animal is transferred for the
purposes of circumventing this chapter, except that all vaccinations for
zoonotic diseases must be administered by a licensed veterinarian or a person
under the direct supervision of a licensed veterinarian.
6. To any person or agency that performs
humane services for wildlife animals without charge.
7. To any person, other than a
veterinarian, who renders aid, assistance or relief to an animal in an
emergency without charge if the person does not represent himself or herself as
holding a license to practice veterinary medicine or as holding a degree in
veterinary medicine or other related field.
8. To any person, other than a
veterinarian, who renders emergency paramedical services to an animal without
charge during the transportation of the animal to a veterinary facility.
[Part 8:17:1919; 1919 RL p. 3205; NCL § 7797]—(NRS A
1960, 413; 1965, 366; 1983, 1675; 1995, 1676)
NRS 638.017 Service of process. Except
as otherwise provided in chapter 622A of
NRS:
1. Service of process made pursuant to and
all notices required by this chapter must be either personal or by registered
or certified mail with return receipt requested, addressed to the veterinarian,
veterinary technician or applicant for a license, at his or her last known
address, as indicated on the records of the Board. If personal service cannot
be made and if notice by mail is returned undelivered, the Executive Director
of the Board shall cause a notice of the hearing or action to be published once
a week for 4 consecutive weeks in a newspaper published in the county of that
person’s last known address or, if no newspaper is published in that county,
then in a newspaper widely distributed in that county.
2. Proof of service of process or
publication of notice made pursuant to this chapter must be filed with the
Executive Director and recorded in the minutes of the Board.
(Added to NRS by 1985, 1248; A 1995, 1677; 2005, 776)
NRS 638.019 Action to collect compensation for regulated services requires
proof of licensure at time of service.
1. A person engaged in any business or
profession for which a license is required pursuant to this chapter may not
bring or maintain an action in any court of this State, or be awarded judgment,
for the collection of compensation for the performance of any act or contract
for which such a license is required without alleging and proving that the
person was licensed at all times during the performance of the act or contract.
2. Proof of licensure pursuant to this
section must be made by production of a verified certificate of licensure from
the Board which establishes that the person bringing the action was licensed as
required by subsection 1.
(Added to NRS by 1991, 2067)
NEVADA STATE BOARD OF VETERINARY MEDICAL EXAMINERS
NRS 638.020 Creation; number, appointment, qualifications and removal of
members.
1. The Nevada State Board of Veterinary
Medical Examiners is hereby created.
2. The Board consists of eight members
appointed by the Governor.
3. Six of the members must:
(a) Be residents of the State of Nevada.
(b) Be graduates of a veterinary college
accredited by the American Veterinary Medical Association.
(c) Have been lawfully engaged in the practice of
veterinary medicine in the State of Nevada for at least 5 years next preceding
the date of their appointment.
4. One member must:
(a) Be a resident of the State of Nevada.
(b) Be a veterinary technician.
(c) Have been lawfully engaged in practice as a
veterinary technician in the State of Nevada for at least 5 years next
preceding the date of his or her appointment.
5. One member appointed by the Governor
must be a representative of the general public. This member must not be:
(a) A veterinarian, a veterinary technician or a
euthanasia technician; or
(b) The spouse or the parent or child, by blood,
marriage or adoption, of a veterinarian, a veterinary technician or a
euthanasia technician.
6. Any member may be removed from the
Board by the Governor for good cause.
[2:17:1919; 1919 RL p. 3204; NCL § 7791]—(NRS A 1960,
411; 1975, 1149; 1977, 1256; 1979, 987; 1981, 55; 1985, 1251; 2003, 1196, 1223; 2013, 405)
NRS 638.030 Oaths of appointive members.
1. Before entering upon the duties of
office, each appointed member of the Board shall take the constitutional oath
of office.
2. Each appointed member who is a licensed
veterinarian shall make an oath that he or she is a graduate in veterinary
medicine and legally qualified under the provisions of this chapter to practice
veterinary medicine, surgery, obstetrics and dentistry in the State of Nevada.
[3:17:1919; 1919 RL p. 3204; NCL § 7792]—(NRS A 1960,
411; 1979, 987)
NRS 638.040 Compensation of members and employees.
1. 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.
2. While engaged in the business of the
Board, each employee of the Board is entitled to receive a per diem allowance
and travel expenses at a rate fixed by the Board. The rate must not exceed the
rate provided for state officers and employees generally.
3. Salaries and expenses may be paid only
to the extent that sufficient money is received from licensees.
[Part 7:17:1919; 1919 RL p. 3205; NCL § 7796]—(NRS A
1963, 155; 1975, 305, 1150; 1981, 1993; 1989, 1701; 2007, 2951)
NRS 638.050 Officers; employment of Executive Director.
1. The Board shall elect from its
appointed members a President and Vice President, who serve at the pleasure of
the Board.
2. The Board may elect from its appointed
members at least one member to act as a representative of the Board at any
meeting held within the State or outside the State when the Board considers
such representation beneficial.
3. The Board shall:
(a) Employ an Executive Director, who shall
maintain a copy of all correspondence;
(b) Adopt regulations concerning the duties and
qualifications of the Executive Director; and
(c) At least annually, review the performance of
the Executive Director.
[Part 4:17:1919; A 1951, 63]—(NRS A 1960, 411; 1963,
156; 1975, 1150; 1981, 55; 1985, 1251; 1995, 1677)
NRS 638.060 Meetings; quorum.
1. The Board shall meet at least annually
and on the call of the President or any five of its members.
2. Five members of the Board constitute a
quorum, and a quorum is necessary to conduct the business of the Board. Any action
taken by the Board must be approved by at least a majority of the members
present at a hearing or meeting of the Board.
[Part 4:17:1919; A 1951, 63]—(NRS A 1960, 412; 1979,
987; 1985, 1252;
2003, 1223;
2013, 405)
NRS 638.070 Regulations; powers; employees; offices.
1. The Board shall adopt regulations
providing an administrative fine in an amount not to exceed $500 if an
applicant for a license or the renewal of a license:
(a) Intentionally or knowingly makes a false or
misleading statement on an application;
(b) Knowingly fails to submit a notarized
application; or
(c) Fails to inform the Board of any change of
information which was contained in an application.
2. The Board may adopt regulations:
(a) Necessary to carry out the provisions of this
chapter;
(b) Concerning the rights and responsibilities of
veterinary interns and externs and graduates of schools of veterinary medicine
located outside the United States or Canada;
(c) Concerning the rights and responsibilities of
a veterinarian’s employees who are not licensed nor working towards obtaining a
license pursuant to this chapter and whose duties require them to spend a
substantial portion of their time in direct contact with animals;
(d) Concerning requirements for continuing
education;
(e) Establishing procedures to approve schools
which confer the degree of veterinary technician or its equivalent;
(f) Concerning the disposition of animals which
are abandoned or left unclaimed at the office of a veterinarian;
(g) Establishing sanitary requirements for
facilities in which veterinary medicine is practiced, including, but not
limited to, precautions to be taken to prevent the creation or spread of any
infectious or contagious disease; and
(h) Concerning alternative veterinary medicine,
including, but not limited to, acupuncture, chiropractic procedures, dentistry,
cosmetic surgery, holistic medicine, and the provision of such services by a
licensed provider of health care under the direction of a licensed
veterinarian.
3. The Board may:
(a) Employ attorneys, investigators, hearing
officers for disciplinary hearings, and other professional consultants and
clerical personnel necessary to the discharge of its duties;
(b) Conduct investigations and take and record
evidence as to any matter cognizable by it;
(c) Maintain offices in as many localities in the
State as it considers necessary to carry out the provisions of this chapter;
and
(d) Purchase or rent any office space, equipment
and supplies that it considers necessary to carry out the provisions of this
chapter.
[Part 4:17:1919; A 1951, 63]—(NRS A 1963, 156; 1975,
1150; 1981, 101; 1985,
1252; 1995,
1678)
NRS 638.073 Administration of oaths. The
President of the Board, or in the President’s absence, the Vice President, may
administer oaths in the performance of his or her duties.
(Added to NRS by 1985, 1251)
NRS 638.077 Inspections. The
Board, a member thereof or its authorized representative may inspect a facility
in which veterinary medicine is practiced at any time during which the facility
is open for business, to ensure compliance with the requirements of this
chapter and the regulations of the Board.
(Added to NRS by 1985, 1251)
NRS 638.080 Duties of Executive Director; deposit, use and payment of
Board’s money.
1. The Executive Director is the custodian
of all the records and money of the Board, and shall deposit all money received
by the Board pursuant to the provisions of this chapter, except fines imposed
by the Board, in banks or savings and loan associations in the State of Nevada.
The money must be used to meet the expenses of the Board.
2. Payment of money must be made upon the
written order of the President of the Board countersigned by the Executive
Director.
[Part 4:17:1919; A 1951, 63] + [Part 7:17:1919; 1919
RL p. 3205; NCL § 7796]—(NRS A 1960, 412; 1963, 156; 1985, 1252; 1995, 1679)
NRS 638.085 Fiscal year. The
Board shall operate on the basis of a fiscal year commencing on July 1 and
terminating on June 30.
(Added to NRS by 1963, 155)
NRS 638.087 Records: General requirements; confidentiality of certain
records of Board; exceptions.
1. The Board shall keep a record of:
(a) All charges filed against a licensee;
(b) The proceedings of any formal hearing
conducted by the Board or a hearing officer;
(c) Any order filed by the Board; and
(d) All licenses issued by the Board including
the name of the holder of the license, his or her business address, the date
the license was issued and the number of the license.
2. Except as otherwise provided in this
section, the records of the Board listed in subsection 1 must be open to the
public at reasonable times and places.
3. 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.
4. The charging documents filed with the
Board to initiate disciplinary action pursuant to chapter 622A of NRS and all other documents
and information considered by the Board when determining whether to impose
discipline are public records.
5. The provisions of this section do not
prohibit the Board from communicating or cooperating with or providing any
documents or other information to any other licensing board or any other agency
that is investigating a person, including, without limitation, a law
enforcement agency.
(Added to NRS by 1985, 1250; A 2003, 1224, 3453; 2005, 777; 2007, 2140)
NRS 638.089 Records: Additional provisions governing confidentiality and
disclosure.
1. Except as provided in this section and NRS 239.0115, all information received by
the Board concerning an applicant for a license or a licensee, including the
results of an investigation, is confidential.
2. If the Board takes disciplinary action
against an applicant or licensee, the complaint and the action taken are no
longer required to be confidential.
3. If the Board conducts any proceeding
other than a disciplinary action regarding an applicant or licensee, its
statement of findings and any order issued relating thereto are no longer
required to be confidential.
4. Information concerning an applicant or
a licensee may be disclosed, pursuant to procedures established by regulation
of the Board, to a court or an agency of the Federal Government, any state or
any political subdivision of this State. Notice of the disclosure and the
contents of the information must be given to the applicant or licensee within 3
business days before the disclosure.
(Added to NRS by 1985, 1246; A 2007, 2141)
LICENSING
NRS 638.090 Unlawful to practice without license. It
is unlawful for any person to practice veterinary medicine, surgery, obstetrics
or dentistry within the State of Nevada without a license issued pursuant to
the provisions of this chapter.
[1:17:1919; 1919 RL p. 3204; NCL § 7790]—(NRS A 1960,
412; 1995, 1679)
NRS 638.100 Application for license; qualifications; fee; grounds for
refusal of license.
1. Any person who desires to secure a
license to practice veterinary medicine, surgery, obstetrics or dentistry in
the State of Nevada must make written application to the Executive Director of
the Board.
2. The application must include all
information required to complete the application and any other information
required by the Board and must be accompanied by satisfactory proof that the
applicant:
(a) Is of good moral character;
(b) Except as otherwise provided in subsection 3,
has received a diploma conferring the degree of doctor of veterinary medicine
or its equivalent from a school of veterinary medicine that is accredited by
the Council on Education of the American Veterinary Medical Association or, if
the applicant is a graduate of a school of veterinary medicine that is not
accredited by the Council on Education of the American Veterinary Medical
Association, that the applicant has received an educational certificate issued
by the Educational Commission for Foreign Veterinary Graduates of the American
Veterinary Medical Association or, if the Educational Commission for Foreign
Veterinary Graduates of the American Veterinary Medical Association ceases to
exist, by an organization approved by the Board that certifies that the holder
of the certificate has demonstrated knowledge and skill of veterinary medicine
that is equivalent to the knowledge and skill of veterinary medicine of a
graduate of a college of veterinary medicine that is accredited by the Council
on Education of the American Veterinary Medical Association;
(c) Has passed each examination required by the
Board pursuant to NRS 638.110; and
(d) Is a citizen of the United States or is
lawfully entitled to remain and work in the United States.
3. A veterinary student in his or her
final year at a school accredited by the American Veterinary Medical
Association may submit an application to the Board and take the state
examination administered by the Board, but the Board may not issue a license
until the student has complied with the requirements of subsection 2.
4. The application must be signed by the
applicant, notarized and accompanied by a fee set by the Board, not to exceed
$500.
5. The Board may refuse to issue a license
if the Board determines that an applicant has committed an act which would be a
ground for disciplinary action if the applicant were a licensee.
[Part 5:17:1919; A 1951, 63]—(NRS A 1960, 412; 1971,
221; 1975, 1150; 1977, 1566; 1985, 1253; 1995, 1679; 1997, 2145; 2003, 1224, 3453; 2005, 2743, 2807, 2817)
NRS 638.103 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 as a veterinarian, euthanasia technician or veterinary technician
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 as a veterinarian, euthanasia technician or veterinary
technician 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 as a
veterinarian, euthanasia technician or veterinary technician 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, 2144; A 2005, 2744, 2807)
NRS 638.103 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 as a veterinarian, euthanasia technician or veterinary
technician 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 as a
veterinarian, euthanasia technician or veterinary technician 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, 2144; A 2005, 2744, 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 638.105 Admission to practice without examination.
1. The Board may in its discretion license
an applicant solely on the basis of oral interviews and practical
demonstrations upon sufficient proof that the applicant has, within the
previous 5 years, successfully passed any examination approved by:
(a) The Board; and
(b) A national testing service for veterinary
medicine that has been approved by the Board.
2. The Board may, upon payment of the fee
prescribed under NRS 638.100, license without
examination any person who is a diplomate from an approved specialty board of
the American Veterinary Medical Association. The veterinary practice of any
person who is licensed pursuant to this subsection is limited to the specialty
in which the person is certified. If an applicant for a license under this
section is denied a license, any fee tendered by the applicant may be returned
to the applicant at the discretion of the Board.
[Part 5:17:1919; A 1951, 63]—(NRS A 1960, 413; 1975,
1151; 1995,
1680; 1999,
184)
NRS 638.110 Examination for license.
1. Except as otherwise provided by NRS 638.105, each applicant for an initial license
must pass:
(a) The state examination administered by the
Board; and
(b) Any other examination approved by the Board
and a national testing service for veterinary medicine that has been approved
by the Board.
2. The Board shall adopt regulations
prescribing the requirements for the examination of an applicant.
3. The written examination required of an
applicant may be supplemented by such oral interviews and practical
demonstrations as the Board considers necessary.
4. If the Board denies an applicant a
license because the applicant did not comply with the requirements of this
section, the Board is not required to return the fee submitted with the
application.
[Part 5:17:1919; A 1951, 63]—(NRS A 1960, 413; 1975,
1151; 1995,
1680; 1999,
185)
NRS 638.116 Euthanasia technician: Application for license; qualifications;
fee.
1. Any person who desires to secure a
license as a euthanasia technician must make written application to the
Executive Director of the Board.
2. The application must be accompanied by
satisfactory proof that the applicant:
(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) Is employed by a law enforcement agency, an
animal control agency, or by a society for the prevention of cruelty to animals
that is in compliance with the provisions of chapter
574 of NRS.
(d) Has not been convicted of a felony.
(e) Has furnished any other information required
by the Board.
3. The application must be accompanied by:
(a) A fee to be set by the Board in an amount not
to exceed $500; and
(b) All information required to complete the
application.
(Added to NRS by 1989, 537; A 1995, 1680; 1997, 2146; 2005, 2745, 2807)
NRS 638.117 Euthanasia technician: Examination.
1. The Board shall examine every applicant
for a license as a euthanasia technician in order to determine his or her
qualifications, and may issue or deny a license on the basis of the
examination. All examinees must be tested by a written examination which may be
supplemented by oral interviews and practical demonstrations as the Board
considers necessary.
2. The Board may waive the practical
examination requirements of subsection 1 if an applicant submits to the Board
proof that he or she is licensed by an agency which the Board determines has
substantially equivalent examination requirements as the practical examination
requirements of the Board.
(Added to NRS by 1989, 537; A 1995, 1681)
NRS 638.118 Euthanasia technician: Duties upon cessation of qualified
employment. A euthanasia
technician shall surrender his or her license to the Board, and notify the
State Board of Pharmacy, when the euthanasia technician ceases to be employed
by a law enforcement agency, an animal control agency, or by a society for the
prevention of cruelty to animals that is in compliance with the provisions of chapter 574 of NRS.
(Added to NRS by 1989, 537)
NRS 638.119 Euthanasia technician: Regulations. The
Board may adopt regulations governing the tasks and procedures that may be
performed by a euthanasia technician.
(Added to NRS by 1989, 537)
NRS 638.122 Veterinary technicians: Application for license; qualifications;
fee.
1. Any person who desires to secure a
license as a veterinary technician must make written application to the
Executive Director of the Board.
2. The application must be accompanied by
satisfactory proof that the applicant:
(a) Is of good moral character.
(b) Has received a diploma conferring the degree
of veterinary technician or its equivalent after having completed a college
level course at a school approved by the Board.
(c) Is a citizen of the United States or is
lawfully entitled to remain and work in the United States.
(d) Has furnished any other information required
by the Board.
3. The application must be accompanied by:
(a) A fee to be set by the Board in an amount not
to exceed $500; and
(b) All information required to complete the
application.
(Added to NRS by 1975, 1146; A 1985, 1253; 1995, 1681; 1997, 2146; 2005, 2745, 2807)
NRS 638.123 Veterinary technicians: Examination.
1. Each applicant for a license as a veterinary
technician must pass:
(a) The state examination administered by the
Board; and
(b) The Veterinary Technician National
Examination or any other examination approved by the Board.
2. The Board may supplement the written
examination required by this section with oral interviews and practical
demonstrations as the Board considers necessary.
3. The Board shall adopt regulations
prescribing the requirements for examination.
(Added to NRS by 1975, 1147; A 1995, 1681; 2003, 1225)
NRS 638.124 Veterinary technicians: Regulations of Board; responsibility of
supervising veterinarian.
1. The Board shall adopt regulations
pertaining to and limiting the activities of veterinary technicians.
2. Regulations adopted by the Board
pursuant to this section do not reduce the responsibility of the licensed
veterinarian for acts performed by the veterinary technician on behalf of the
licensed veterinarian and under his or her supervision and control.
(Added to NRS by 1975, 1147; A 1995, 1682)
NRS 638.125 Practice by veterinarians licensed by adjoining states in areas
not adequately served; conditions. Unless
the Board finds, after the filing with the Board of a protest by a person
licensed under the provisions of this chapter, that the area involved is
adequately served by a person or persons licensed under the provisions of this
chapter, any veterinarian who resides in an adjoining state, and whose area of
practice reasonably extends to points within this State, may practice
veterinary medicine, surgery, obstetrics or dentistry within this State if:
1. The greater portion of the
veterinarian’s practice is in the state of his or her residence.
2. The veterinarian does not open or
maintain an office or branch office within this State.
3. The veterinarian is licensed to
practice veterinary medicine, surgery, obstetrics and dentistry in the state
wherein he or she resides.
(Added to NRS by 1960, 414)
NRS 638.127 Renewal of license; penalty for delinquency; examination before
renewal; limitation on issuance of license by reciprocity.
1. On or before November 15 of each year,
the Executive Director shall mail to each person licensed under the provisions
of this chapter an application form for renewal of the license.
2. Each applicant for renewal must
complete the form and return it to the Executive Director, accompanied by all
information required to complete the renewal, the renewal fee and full payment
of all fines which the applicant owes to the Board, on or before January 1 of
each year. Each application for renewal must be signed by the applicant. The
renewal fee for licensees and persons on inactive status must be in an amount
determined by the Board.
3. Upon receipt of the application and all
required information and payment of the renewal fee and all fines owed, the
Board shall issue to that person a certificate of renewal.
4. Any person who fails to renew a license
on or before March 1 of each year forfeits the license.
5. When a person has forfeited his or her
license in the manner provided in subsection 4, the Board may reinstate the
license and issue a certificate of renewal upon receipt of all information
required to complete the renewal and payment of:
(a) The renewal fee;
(b) All fines owed; and
(c) A delinquency penalty of $50 for each month
or fraction thereof the license was not renewed after January 1.
6. If a licensee does not practice for
more than 12 consecutive months, the Board may require the licensee to take an
examination to determine his or her competency before renewing the license.
7. If a licensee does not renew his or her
license and is licensed to practice in another state or territory of the United
States, the Board may not issue the licensee a license to practice in the State
by reciprocity. Such a licensee must reinstate the license in the manner
prescribed by the Board.
(Added to NRS by 1960, 414; A 1975, 1151; 1981, 55; 1985, 1254; 1989, 538; 1991, 2069; 1995, 1682; 1997, 2147; 2003, 1225; 2005, 2746, 2807)
NRS 638.128 Placement of license on inactive status: Application;
qualifications; effect; regulations.
1. A licensed veterinarian may apply to
the Board to be placed on inactive status. The Board may grant the application
if the applicant has:
(a) A medical disability as determined by the
Board;
(b) Changed the location of his or her practice
of veterinary medicine from this State to another state or country;
(c) Never engaged in the practice of veterinary
medicine in this State after licensure; or
(d) Ceased to engage in the practice of
veterinary medicine in this State for 12 consecutive months,
Ê and, as of
the date of the application, has met all requirements for the issuance or
renewal of a license to practice veterinary medicine.
2. If the application is granted, the
applicant shall not engage in the practice of veterinary medicine in this State
unless the applicant is returned to active status.
3. A person whose license has been placed
on inactive status pursuant to this section is exempt from any requirements for
continuing education.
4. The Board shall adopt regulations
prescribing the:
(a) Procedures for making an application pursuant
to this section;
(b) Procedures and terms upon which a person
whose license has been placed on inactive status may resume the practice of
veterinary medicine; and
(c) Fees for renewal of inactive status.
(Added to NRS by 1991, 2067; A 1995, 1682)
NRS 638.129 Removal of limitation or suspension of license; reinstatement of
revoked license.
1. Any person:
(a) Whose practice of veterinary medicine has
been limited; or
(b) Whose license to practice veterinary medicine
has been suspended until further order or revoked,
Ê may apply to
the Board after a reasonable period for removal of the limitation or suspension
or may apply to the Board pursuant to the provisions of chapter 622A of NRS for reinstatement of the
revoked license.
2. In hearing the application, the Board:
(a) May require the person to submit to a mental
or physical examination by physicians whom it designates or to an examination
testing the person’s competence by other persons whom it designates, and submit
such other evidence of changed conditions and of fitness as it considers
proper;
(b) Shall determine whether under all the
circumstances the time of the application is reasonable; and
(c) May deny the application or modify or rescind
its order as the evidence warrants.
(Added to NRS by 1985, 1249; A 2005, 777)
NRS 638.131 Provision of regulations to licensees. A
copy of the regulations of the Board governing the sanitary conditions of
facilities in which veterinary medicine is practiced must be furnished to each
person to whom a license is issued for the practice of veterinary medicine
pursuant to this chapter.
(Added to NRS by 1985, 1251)
NRS 638.132 Board to adopt regulations for licensure of facility in which
veterinary medicine is practiced. The
Board shall adopt regulations which prescribe the requirements for the
licensure of a facility in which veterinary medicine is practiced, including,
without limitation, the fee for the issuance and renewal of a license.
(Added to NRS by 1995, 1675)
NRS 638.133 Duty to report claim for malpractice or negligence and
disposition. Every veterinarian or
veterinary technician licensed pursuant to this chapter shall report to the
Board any claim for malpractice or negligence filed against him or her and its
disposition within 90 days after the claim is filed and after its disposition.
(Added to NRS by 1985, 1250; A 1995, 1683)
NRS 638.134 Duty to recommend vaccinations for zoonotic diseases; duty to
provide veterinary services at level of quality required by chapter.
1. Each licensed veterinarian to whom an
animal is brought for treatment shall recommend to the owner of the animal or
to the person delivering the animal for treatment that the animal receive the
vaccinations for zoonotic diseases that are recommended by the Centers for
Disease Control and Prevention of the United States Department of Health and
Human Services. The vaccinations must be administered by a licensed
veterinarian or under the direct supervision of a licensed veterinarian. The
Board may adopt regulations to ensure compliance with the provisions of this
subsection.
2. A licensed veterinarian who agrees to
perform veterinary services on an animal shall provide the services at the
level of quality required by this chapter regardless of the fee, if any, which
the veterinarian charges for his or her services. A violation of this
subsection is a ground for disciplinary action.
(Added to NRS by 1995, 1675)
DISCIPLINARY ACTION
Grounds
NRS 638.140 Statutory or regulatory violations; criminal offenses; improper
or unlawful acts involving controlled substances; incompetence, negligence or
malpractice; other grounds. The
following acts, among others, are grounds for disciplinary action:
1. Violation of a regulation adopted by
the State Board of Pharmacy or the Nevada State Board of Veterinary Medical
Examiners;
2. Habitual drunkenness;
3. Addiction to the use of a controlled
substance;
4. Conviction of or a plea of nolo
contendere to a felony related to the practice of veterinary medicine, or any
offense involving moral turpitude;
5. Incompetence;
6. Negligence;
7. Malpractice pertaining to veterinary
medicine as evidenced by an action for malpractice in which the holder of a
license is found liable for damages;
8. Conviction of a violation of any law
concerning the possession, distribution or use of a controlled substance or a
dangerous drug as defined in chapter 454 of
NRS;
9. Willful failure to comply with any
provision of this chapter, a regulation, subpoena or order of the Board, the
standard of care established by the American Veterinary Medical Association or
an order of a court;
10. Prescribing, administering or
dispensing a controlled substance to an animal to influence the outcome of a
competitive event in which the animal is a competitor;
11. Willful failure to comply with a
request by the Board for medical records within 14 days after receipt of a
demand letter issued by the Board;
12. Willful failure to accept service by
mail or in person from the Board;
13. Failure of a supervising veterinarian
to provide immediate or direct supervision to licensed or unlicensed personnel
if the failure results in malpractice or the death of an animal; and
14. Failure of a supervising veterinarian
to ensure that a licensed veterinarian is on the premises of a facility or
agency when medical treatment is administered to an animal if the treatment
requires direct or immediate supervision by a licensed veterinarian.
[Part 5:17:1919; A 1951, 63]—(NRS A 1965, 366; 1971,
2039; 1975, 1147, 1152; 1985, 1254; 1987, 803, 1565; 1995, 1683; 1999, 185; 2003, 2713)
NRS 638.1402 Fraudulent acts. The
following acts, among others, are grounds for disciplinary action:
1. Fraud or misrepresentation to secure a
license;
2. Conspiring to commit fraud, forgery or
deception in connection with an examination for a license;
3. Swearing falsely in any testimony or
affidavit relating to or in the course of the practice of veterinary medicine;
and
4. Engaging in any conduct likely to
deceive, defraud or harm the public, including the dissemination of information
by a veterinarian, licensee of a facility or agency or an employee of either,
concerning the services of the licensee which is false or misleading and which
the person knew or should have known was false or misleading.
(Added to NRS by 1985, 1249; A 1995, 1684)
NRS 638.1404 Claiming professional superiority; accepting money to cure
manifestly incurable disease; participating in agreement to split fees or
provide rebates in connection with referral of client without informing client
of agreement. The following acts,
among others, are grounds for disciplinary action:
1. Claiming or implying professional
superiority over other licensees;
2. Accepting money to cure permanently a
manifestly incurable disease; and
3. Participating in an agreement with
other veterinarians or licensees of a facility or agency if:
(a) The agreement is to split fees or provide
rebates in connection with the referral of a client; and
(b) The client has not been informed of the
agreement.
(Added to NRS by 1985, 1249; A 1995, 1684)
NRS 638.1406 Allowing improper use of name; unlawful professional
association; failure to report revocation of license to practice in another
state, territory or district of United States. The
following acts, among others, are grounds for disciplinary action:
1. Allowing one’s name to be used as a
veterinarian or as a veterinary technician by another person who is not
licensed or permitted to practice in this State;
2. Having professional association with or
employing any person claiming to be a veterinarian or veterinary technician
unlawfully; and
3. Failure to report, within 30 days, the
revocation of a license to practice veterinary medicine or as a veterinary
technician in another state, territory or district of the United States on
grounds other than nonpayment of a fee.
(Added to NRS by 1985, 1249; A 1995, 1684)
NRS 638.1408 Failure to maintain facilities in sanitary condition; failure to
maintain or alteration of records; filing false report or failing to make
required report; inhumane or cruel treatment of animals. The following acts, among others, are
grounds for disciplinary action:
1. Failure of a licensee to maintain his
or her facilities and premises in a clean and sanitary condition;
2. Failure to maintain records relating to
the diagnosis, treatment and care of an animal;
3. Altering the records of an animal;
4. Making or filing a report which the
licensee knows to be false;
5. Willful failure to report any dangerous,
infectious or contagious disease or the results of any medical test as required
by law; or
6. Willfully committing any inhumane or
cruel act on any animal.
(Added to NRS by 1985, 1250)
Complaints, Investigations and Summary Orders
NRS 638.1413 Filing of complaint; investigation by Board; contents of notice
sent by Executive Director.
1. The Board or any of its members who
becomes aware of any fact which may be any one or a combination of the grounds
for initiating disciplinary action shall, and any other person who is so aware
may, file with the Board a written complaint specifying the relevant facts.
2. The Board may, upon its own motion, and
shall, upon receipt of such a complaint, investigate the actions of any
applicant for a license or any holder of a license issued pursuant to the
provisions of this chapter.
3. The Executive Director shall send
written notice by certified mail with return receipt requested to the person
being investigated. The notice must contain the name of the person who filed
the complaint against the licensee, the nature of the complaint and a request
for any medical records the licensee may have relating to the complaint.
(Added to NRS by 1985, 1245; A 1995, 1684; 2003, 1225)
NRS 638.1416 Physical examination of animal after filing of complaint
concerning care of animal. Any
person who files with the Board a verified complaint about the care given to
his or her animal by a licensee may present the animal for a physical
examination. The Board may:
1. Schedule the examination at a
reasonable time and place;
2. Notify the complainant at least 5 days
before the examination; and
3. Pay the cost of the examination.
(Added to NRS by 1985, 1250)
NRS 638.1419 Conduct of investigation. The
Board shall appoint one of its members to conduct the investigation of a
complaint. The member conducting the investigation may request assistance from
the Attorney General or the Executive Director of the Board, and may employ
investigators, professional consultants and any other personnel necessary to
conduct the investigation.
(Added to NRS by 1985, 1245; A 1995, 1685; 2003, 1226)
NRS 638.142 Mental or physical examination; examination of competency to
practice.
1. If the Board has reason to believe that
the conduct of any veterinarian or veterinary technician has raised a
reasonable question as to his or her competence to practice veterinary medicine
or to act as a veterinary technician with reasonable skill and safety to
animals, it may order that person to undergo a mental or physical examination
or an examination testing his or her competence to practice veterinary medicine
or to act as a veterinary technician. The examination must be conducted by
physicians or other persons designated by the Board to assist it in determining
the fitness of that person to practice veterinary medicine or to act as a
veterinary technician.
2. Every veterinarian or veterinary
technician who accepts a license issued pursuant to this chapter shall be
deemed to have given consent to submit to a mental or physical examination or
an examination testing his or her competence when directed to do so in writing
by the Board.
3. If the Board directs a licensee to
submit to a mental or physical examination or an examination testing his or her
competence, the examination must be held and the results returned to the Board
not later than 60 days after the Board issues the order.
4. The testimony or reports of the
examining physicians or other persons designated by the Board are privileged
communication, except as to proceedings conducted pursuant to this chapter.
5. Except in extraordinary circumstances,
as determined by the Board, the failure of a person licensed under this chapter
to submit to an examination when directed as provided in this section
constitutes a ground for the immediate suspension of the license.
(Added to NRS by 1985, 1247; A 1995, 1685)
NRS 638.1423 Summary order of suspension or prohibition; hearing; investigation;
order. Notwithstanding the
provisions of chapter 622A of NRS:
1. If the Board receives information that
a veterinarian or veterinary technician is causing, allowing or maintaining any
condition or activity which is an immediate threat to the welfare of an animal,
it may, without a hearing, suspend his or her license or prohibit the use of
certain procedures or any dangerous activity. The Board shall notify the
veterinarian or veterinary technician within 2 days after taking the action.
2. The Board shall, within 14 days after
notifying the veterinarian or veterinary technician, hold an informal hearing
to determine if cause exists to extend the order. The veterinarian or veterinary
technician may present evidence at that hearing. After the hearing the Board
may extend the order for no more than 60 days.
3. The issuance or extension of the order
is not an adjudication on the merits. During the period of suspension, the
Board shall investigate further and if it decides it is necessary, hold a
formal hearing which must take priority over any other proceeding before the
Board. If the Board finds, after the formal hearing, that the licensee is
causing, allowing or maintaining any condition or activity which is an
immediate threat to the welfare of an animal, it shall issue an order stating
its findings and the action taken.
(Added to NRS by 1985, 1247; A 1995, 1685; 2005, 778)
NRS 638.1429 Procedure after investigation completed.
1. After the investigation of the
complaint is completed, the member of the Board who conducted the investigation
shall submit to the Board a written report of his or her findings and
recommendations concerning the disposition of the complaint.
2. If the Board determines that there is
not sufficient evidence to believe that a licensee has committed an act which
constitutes a cause for disciplinary action, the Board shall dismiss the
complaint and send a written notice to the person who filed the complaint and
the licensee who was the subject of the investigation that the complaint was
dismissed.
3. If the Board determines that there is
sufficient evidence to believe that a licensee has committed an act which
constitutes a ground for disciplinary action, the Board may enter into a
settlement agreement with the licensee. The settlement agreement must be signed
by the licensee and the President of the Board. The Board shall send a written
notice of the settlement to the person who filed the complaint against the
licensee. The notice must include a copy of the settlement agreement. The
complaint and the settlement agreement are public records.
(Added to NRS by 1985, 1245; A 1995, 1686; 2003, 1226; 2005, 778)
NRS 638.144 Issuance and enforcement of subpoenas.
1. The Board, or a member assigned to
investigate a complaint, may issue subpoenas to compel the attendance of
witnesses and the production of books, records, papers and any other article
related to the practice of veterinary medicine.
2. If any witness refuses to attend or
testify or produce any article as required by the subpoena, the Board may
report to the district court in the county in which the hearing is pending, by
petition setting forth that:
(a) Due notice has been given of the time and
place of attendance of the witness or the production of the required articles;
(b) The witness has been subpoenaed pursuant to
this section; and
(c) The witness has failed or refused to attend
or produce the articles required by the subpoena, or has refused to answer
questions propounded to him or her,
Ê and asking
for an order of the court compelling the witness to attend and testify before
the Board or produce the articles as required by the subpoena.
3. Upon receiving the petition, the court
may enter an order directing the witness to appear before the court at a time
and place to be fixed by the court in its order, the time to be not more than
10 days from the date of the order, and then and there show cause why the
witness has not attended or testified before the Board or produced the articles
as required by the subpoena. A certified copy of the order must be served upon
the witness.
4. If it appears to the court that the
subpoena was regularly issued by the Board, the court shall enter an order that
the witness appear before the Board at the time and place fixed in the order
and testify or produce the required articles, and upon failure to obey the
order the witness may be dealt with as for contempt of court.
(Added to NRS by 1981, 54; A 1985, 1255)
NRS 638.1445 Search warrant. In
a manner consistent with the provisions of chapter
622A of NRS, the Board may request and obtain a search warrant from a
magistrate upon a showing that the warrant is needed to carry out an order of
the Board or for an investigation or hearing being conducted by the Board and
that reasonable cause exists to issue the warrant.
(Added to NRS by 1985, 1250; A 2005, 779)
Disciplinary Proceedings
NRS 638.145 Evidentiary standard for refusing to issue license or taking
disciplinary action. The Board
shall not refuse to issue a license to an applicant or take any disciplinary
action against a licensee unless the Board finds, by substantial evidence, that
the applicant or licensee has engaged in one or more of the practices
prohibited by the provisions of this chapter.
(Added to NRS by 1975, 1147; A 1985, 1256; 2003, 1227; 2005, 779)
NRS 638.147 Authorized disciplinary action; private reprimands prohibited;
orders imposing discipline deemed public records.
1. If the Board determines that any
applicant for a license or any person licensed pursuant to this chapter has
committed any of the acts which are grounds for disciplinary action, the Board
may:
(a) Refuse to issue a license.
(b) Refuse to renew a license.
(c) Revoke a license.
(d) Suspend a license for a definite period or
until further order of the Board.
(e) Impose a fine in an amount not to exceed
$10,000 for each act which constitutes a ground for disciplinary action.
(f) Place a licensee on probation subject to any
reasonable conditions imposed by the Board, including requiring courses in
continuing education or a periodic or continuous review of the licensee’s
practice.
(g) Administer a public reprimand.
(h) Limit the practice of the licensee to
specified branches of veterinary medicine.
(i) Require the licensee to take a competency
examination or a mental or physical examination.
2. The Board shall not administer a
private reprimand.
3. An order that imposes discipline and
the findings of fact and conclusions of law supporting that order are public
records.
(Added to NRS by 1975, 1147; A 1981, 56; 1985, 1256; 1995, 1686; 2003, 3454)
NRS 638.1471 Issuance of citation by Board containing order of abatement or
order to pay administrative fine; contents; penalty for failure to comply;
regulations. Notwithstanding the
provisions of chapter 622A of NRS:
1. The Board may issue to a licensee a
citation which may contain an order of abatement or an order to pay an
administrative fine assessed by the Board when the licensee is in violation of
any provision of this chapter or any regulation adopted by the Board.
2. A citation must be in writing and
describe with particularity the nature of the violation, including specific
reference to the provision of law or the regulation determined to have been
violated, and the amount of the fine, if any. A citation must be issued for
each violation of this chapter or any regulation adopted by the Board.
3. Where appropriate, the citation must
contain an order of abatement fixing a reasonable time for abatement of the
violation.
4. The administrative fine assessed by the
Board must not exceed $5,000 for each violation. In assessing a fine the Board
shall give consideration to the appropriateness of the amount of the fine with
respect to such factors as the gravity of the violation, the good faith of the
licensee and the history of previous violations.
5. A citation must inform the licensee
that if he or she desires a hearing to contest the finding of a violation or
the amount of the fine assessed, the hearing must be requested by written
notice to the Board within 30 days after the date of issuance of the citation.
If a hearing is not requested pursuant to this section, a settlement does not
constitute an admission of the violation charged unless the settlement
agreement stipulates to such an admission.
6. Failure of a licensee to pay a fine
within 30 days after the date of assessment, unless the citation is being
appealed, may result in disciplinary action being taken by the Board. Where a
citation is not contested and a fine is not paid, the full amount of the fine
that is assessed must be added to the fee for renewal of the license. A license
must not be renewed without payment of the renewal fee and fine.
7. Notwithstanding any other provision of
law, where a fine is paid to satisfy an assessment based on the finding of a
violation, payment of the fine constitutes a satisfactory resolution of the
matter for purposes of public disclosure of the disposition of the violation.
8. The Board may adopt regulations to
carry out this section. It may also adopt regulations to establish similar
provisions for the issuance of a citation to a person who is practicing
veterinary medicine without a license.
(Added to NRS by 1991, 2068; A 1995, 1687; 2005, 779)
NRS 638.1473 Expenses of Board; deposit of money collected or received by
Board or its delegate; delegation of Board’s authority to take disciplinary
action; presentation of claim for payment of attorney’s fees and cost of
investigation.
1. Except as otherwise provided in
subsection 4, all reasonable expenses incurred by the Board in carrying out the
provisions of this chapter must be paid from the money which it receives. No
part of the salaries or expenses of the Board may be paid out of the State
General Fund.
2. Except as otherwise provided in this
section, all money collected by the Board from the imposition of fines must be
deposited with the State Treasurer for credit to the State General Fund. All
other money received by the Board must be deposited in qualified banks, credit
unions or savings and loan associations in this State and paid out on its order
for its expenses.
3. In a manner consistent with the
provisions of chapter 622A of NRS, the
Board may delegate to a hearing officer or panel its authority to take any
disciplinary action pursuant to this chapter, impose and collect fines therefor
and deposit the money therefrom in banks, credit unions or savings and loan
associations in this State.
4. If a hearing officer or panel is not
authorized to take disciplinary action pursuant to subsection 3 and the Board
deposits the money collected from the imposition of fines with the State
Treasurer for credit to the State General Fund, it may present a claim to the
State Board of Examiners for recommendation to the Interim Finance Committee if
money is needed to pay attorney’s fees or the costs of an investigation, or
both.
(Added to NRS by 1985, 1246; A 1995, 1688; 1999, 1535; 2005, 780)
NRS 638.148 Judicial review.
1. Any person against whom disciplinary
action has been taken by the Board is entitled to judicial review of the
Board’s order.
2. Every order of the Board imposing a
sanction pursuant to NRS 638.147 is effective from
the date the President and Executive Director certify the order until the date
the order is modified or reversed by a final judgment of the court.
(Added to NRS by 1985, 1248; A 1989, 1658; 1995, 1688; 2003, 1227)
Miscellaneous Provisions
NRS 638.151 Representation of Board at hearing. In
a manner consistent with the provisions of chapter
622A of NRS, at all hearings the Attorney General, or an attorney employed
by the Board, shall represent the Board.
(Added to NRS by 1985, 1246; A 2005, 780)
NRS 638.1515 Requirements for proof.
1. Notwithstanding the provisions of chapter 622A of NRS, in any disciplinary
proceeding:
(a) Proof of actual injury need not be
established where the charge is deceptive or unethical professional conduct.
(b) If proof of actual injury is an issue, proof
of actual injury may be established by the testimony and opinion of a witness
who is not an expert witness.
(c) A certified copy of the record of a court or
a licensing agency showing a conviction or the suspension, limitation,
modification, denial or revocation of a license of a veterinarian or veterinary
technician is conclusive evidence of its occurrence. A plea of nolo contendere
is a conviction for the purpose of this section.
2. As used in this section, “actual
injury” means any type of injury, abuse or mistreatment, whether or not the
injury, abuse or mistreatment results in substantial or permanent physical harm
or death.
(Added to NRS by 1985, 1248; A 1995, 1688; 2003, 1227; 2005, 780)
NRS 638.152 Immunity from civil action. In
addition to any other immunity provided by the provisions of chapter 622A of NRS, the Board, a veterinary
society, or any person who or other organization which initiates or assists in
any lawful investigation or proceeding concerning a veterinarian or veterinary
technician, is immune from any civil action for that initiation or assistance
or any consequential damages, if the person or organization acted without
malicious intent.
(Added to NRS by 1985, 1249; A 1995, 1689; 2005, 781)
NRS 638.1525 Unlawful for licensee to provide medical assistance, treatment
or counsel to human being; exception; ground for disciplinary action;
suspension of license; penalty.
1. Except as otherwise provided in NRS 41.500, a person licensed pursuant to
the provisions of this chapter shall not provide medical assistance, treatment
or counsel to a human being. Such conduct is a ground for disciplinary action.
2. The Board shall immediately suspend the
license of a person who violates the provisions of this section.
3. Any person who violates the provisions
of this section is guilty of a category D felony and shall be punished as
provided in NRS 193.130.
4. The Board may report an alleged
violation of this section to the Attorney General or any district attorney.
Upon receiving a report from the Board, the Attorney General or district
attorney shall institute necessary proceedings in a court of competent
jurisdiction against the person responsible for the alleged violation of this
section.
(Added to NRS by 1995, 1675; A 1997, 540, 1192)
NRS 638.1527 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 as a veterinarian, euthanasia technician or
veterinary technician, 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 as a veterinarian, euthanasia technician or veterinary technician 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, 2145; A 2005, 2807)
ENFORCEMENT; PENALTIES
NRS 638.153 Criminal prosecution not precluded by disciplinary action. Notwithstanding the provisions of chapter 622A of NRS, the filing and review of
a complaint, its dismissal without further action or its transmittal to the
Attorney General, and any subsequent disposition by the Board, the Attorney
General or any reviewing court do not preclude any appropriate criminal
prosecution by the Attorney General or a district attorney based upon the same
or other facts.
(Added to NRS by 1985, 1249; A 2005, 781)
NRS 638.155 Injunctive relief for violations of chapter. Whenever any person has violated or is about
to violate any of the provisions of this chapter, the district court of any
county, on application of the Board, may issue an injunction or other
appropriate order restraining the act or practice.
(Added to NRS by 1981, 55)
NRS 638.1551 Injunctive relief for unprofessional conduct.
1. In addition to any other remedy
provided by law, the Board, through its President or the Attorney General, may
apply to a court to enjoin any unprofessional conduct of a veterinarian or
veterinary technician, or to limit his or her practice or suspend his or her
license.
2. The court may issue a temporary
restraining order or a preliminary injunction for such purposes:
(a) Without proof of actual damage sustained by
any person, this provision being a preventive as well as punitive measure; and
(b) Pending proceedings for disciplinary action
by the Board. Such proceedings must be instituted and determined as promptly as
practicable.
(Added to NRS by 1985, 1246; A 1995, 1689)
NRS 638.1555 Allegation necessary for injunction. Any
person seeking to enjoin another person from acting as a veterinarian or
veterinary technician without a license need allege only that the other person
did, on a specified date in this State, so act without having a license.
(Added to NRS by 1985, 1251; A 1995, 1689)
NRS 638.160 Prosecution of violators by Attorney General or district
attorneys. Notwithstanding the
provisions of chapter 622A of NRS, when
requested by the Board, the Attorney General or the district attorneys of the
respective counties of this State shall prosecute violators of this chapter.
[Part 9:17:1919; 1919 RL p. 3206; NCL § 7798]—(NRS A
1975, 1152; 2005,
781)
NRS 638.170 Penalties.
1. Except as otherwise provided in
subsections 2 and 3 of this section and NRS 638.1525,
a person who violates any of the provisions of this chapter is guilty of a
misdemeanor.
2. A person who practices veterinary
medicine without a license issued pursuant to the provisions of this chapter is
guilty of a category D felony and shall be punished as provided in NRS 193.130.
3. A person who practices as a veterinary
technician without a license issued pursuant to the provisions of this chapter
is guilty of a gross misdemeanor and shall be punished by imprisonment in the
county jail for not more than 364 days, or by a fine of not more than $2,000,
or by both fine and imprisonment.
[Part 9:17:1919; 1919 RL p. 3206; NCL § 7798]—(NRS A 1985, 1257; 1995, 1311, 1689; 1997, 540; 2013, 992)
MISCELLANEOUS PROVISIONS
NRS 638.200 Donated drugs: Restrictions on reissuance; donation; immunity
from liability; maintenance of records; regulations.
1. An owner of an animal may donate a drug
that is dispensed for the animal, but will not be used by that animal, to a
licensed veterinarian or a facility in which veterinary medicine is practiced
if the licensed veterinarian or facility chooses to accept the drug.
2. Except as otherwise provided in
subsection 9, a licensed veterinarian may reissue a drug accepted pursuant to
this section to fill other prescriptions dispensed by the licensed veterinarian
free of charge for an animal if:
(a) The licensed veterinarian determines that the
owner of the animal is eligible for the reissuance of the drug based on
economic need;
(b) The licensed veterinarian determines that the
drug is suitable for that purpose;
(c) The drug was originally dispensed by a
licensed veterinarian, a facility in which veterinary medicine is practiced
which is licensed pursuant to NRS 638.132, a
pharmacy licensed pursuant to chapter 639 of
NRS or an Internet pharmacy that is accredited through the National Association
of Boards of Pharmacy’s Veterinary-Verified Internet Pharmacy Practice Sites
program or its successor;
(d) The drug is not a controlled substance;
(e) The drug is not a compounded drug;
(f) Except as otherwise provided in subsection 3,
the drug does not require refrigeration;
(g) Except as otherwise provided in subsection 4,
the drug is not in a liquid form;
(h) The usefulness of the drug has not expired;
(i) The packaging or bottle contains the expiration
date of the usefulness of the drug; and
(j) The name of the animal and the name of the
owner of the animal for which the drug was originally dispensed, the
prescription number and any other identifying marks are obliterated from the
packaging or bottle before the reissuance of the drug.
3. For the purposes of paragraph (f) of
subsection 2, the drug may be donated if refrigeration of the drug is required
only after opening and the drug is unopened when donated.
4. For the purposes of paragraph (g) of
subsection 2, the drug may be donated if it is in a liquid form and is packaged
in a single dose in an ampule or vial.
5. A licensed veterinarian or other person
who, or a facility or agency in which veterinary medicine is practiced that,
exercises reasonable care in the donation, acceptance, distribution or
dispensation of a drug in accordance with the provisions of this section and
any regulations adopted pursuant thereto is not subject to any civil or
criminal liability or disciplinary action by a professional licensing board for
any loss, injury or death that results from the donation, acceptance,
distribution or dispensation of the drug.
6. A manufacturer of a drug is not subject
to civil or criminal liability for any claim or injury arising from the
donation, acceptance, distribution or dispensation of the drug pursuant to this
section and any regulations adopted pursuant thereto.
7. A licensed veterinarian shall not sell
or resell any drug accepted pursuant to this section.
8. A licensed veterinarian shall:
(a) Identify and maintain separately from other
stock any drug accepted pursuant to this section; and
(b) Make a record of each drug accepted pursuant
to this section that includes, without limitation:
(1) The date on which the drug was
donated;
(2) The name of the person who donated the
drug;
(3) The expiration date of the drug; and
(4) If the drug expires while in the
custody of the licensed veterinarian and the drug is destroyed, the date on
which the drug was destroyed.
Ê The record
must be maintained for not less than 4 years.
9. A licensed veterinarian may not reissue
a drug accepted pursuant to this section to fill other prescriptions dispensed
by the licensed veterinarian for an animal if the animal is raised to produce
food for human consumption or the animal is ordinarily consumed by animals that
are raised to produce food for human consumption.
10. The Board may adopt such regulations
as are necessary to carry out the provisions of this section, including,
without limitation:
(a) Requirements for reissuing drugs pursuant to
this section, including, without limitation, requirements that provide
appropriate safeguards for ensuring that the drugs are not compromised or
illegally diverted before being reissued.
(b) Requirements for accepting drugs donated to a
licensed veterinarian or facility in which veterinary medicine is practiced
pursuant to this section.
(c) Requirements for maintaining records relating
to the acceptance and use of drugs to fill other prescriptions pursuant to this
section.
11. As used in this section, “Internet
pharmacy” has the meaning ascribed to it in NRS 639.00865.
(Added to NRS by 2011, 833)
