[Rev. 2/11/2015 11:48:13
AM--2014R2]
CHAPTER 654 - ADMINISTRATORS OF FACILITIES
FOR LONG-TERM CARE
GENERAL PROVISIONS
NRS 654.010 Definitions.
NRS 654.015 “Administrator
of a residential facility for groups” defined.
NRS 654.020 “Board”
defined.
NRS 654.025 “Facility
for intermediate care” defined.
NRS 654.026 “Facility
for skilled nursing” defined.
NRS 654.028 “Nursing
facility administrator” defined.
NRS 654.031 “Residential
facility for groups” defined.
BOARD OF EXAMINERS FOR LONG-TERM CARE ADMINISTRATORS
NRS 654.050 Creation;
membership.
NRS 654.060 Qualifications
of members; representative of general public not to participate in examination.
NRS 654.080 Removal
of members of Board.
NRS 654.090 Officers
of Board.
NRS 654.100 Meetings
of Board; quorum; compensation of members and employees.
NRS 654.110 Powers
and duties of Board; confidentiality of certain records of Board.
NRS 654.120 Deposit
and use of money paid to Board; delegation of authority to take disciplinary
action.
NRS 654.130 Maintenance
and contents of registers.
LICENSES
NRS 654.140 Applications
for licenses; fees.
NRS 654.145 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 654.145 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 654.150 Qualifications
of applicant for licensure as nursing facility administrator.
NRS 654.155 Qualifications
of applicant for licensure as administrator of residential facility for groups.
NRS 654.161 Licenses
issued before July 1, 1973, equivalent to nursing facility administrator’s
license.
NRS 654.170 Form,
expiration and renewal of licenses; requirements for continuing education.
NRS 654.180 Reciprocal
licensing without examination.
DISCIPLINARY ACTION
NRS 654.184 Inspection
of premises by Board.
NRS 654.185 Referral
of complaints to appropriate jurisdiction; immunity from civil liability;
definition.
NRS 654.186 Injunctions
against violations of chapter.
NRS 654.187 Acting
without license: Reporting requirements of Board.
NRS 654.190 Authorized
disciplinary action; grounds for disciplinary action; notice of hearing;
subpoenas; orders imposing discipline deemed public records; jurisdiction of
Board.
NRS 654.193 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 654.195 Reinstatement
of suspended or revoked license of administrator of residential facility for
groups. [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 654.195 Reinstatement
of suspended or revoked license of administrator of residential facility for
groups. [Effective 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.]
PENALTIES; APPLICABILITY
NRS 654.200 Penalty
for acting without license.
NRS 654.210 Applicability
of chapter.
_________
GENERAL PROVISIONS
NRS 654.010 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 654.015 to 654.031, inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 1969, 668; A 1977, 1028; 1993, 2140)
NRS 654.015 “Administrator of a residential facility for groups” defined. “Administrator of a residential facility for
groups” means a person who manages, supervises and is in general administrative
charge of a residential facility for groups.
(Added to NRS by 1993, 2139)
NRS 654.020 “Board” defined. “Board”
means the Board of Examiners for Long-Term Care Administrators.
(Added to NRS by 1969, 668; A 1973, 1287; 1977, 1029; 1993, 2140; 2009, 442)
NRS 654.025 “Facility for intermediate care” defined. “Facility for intermediate care” means an
establishment operated and maintained for the purpose of providing personal and
medical supervision for 24 hours, for four or more persons who do not have
illness, disease, injury or other conditions that would require the degree of
care and treatment which a hospital or facility for skilled nursing is designed
to provide.
(Added to NRS by 1977, 1028; A 1985, 1770)
NRS 654.026 “Facility for skilled nursing” defined. “Facility
for skilled nursing” means any proprietary or nonprofit institution or facility
defined and licensed as a facility for skilled nursing pursuant to chapter 449 of NRS.
(Added to NRS by 1969, 668; A 1973, 1287, 1406; 1985, 1770)—(Substituted
in revision for NRS 654.030)
NRS 654.028 “Nursing facility administrator” defined. “Nursing facility administrator” means a
person who manages, supervises and is in general administrative charge of a
facility for skilled nursing or facility for intermediate care.
(Added to NRS by 1977, 1028; A 1985, 1770)
NRS 654.031 “Residential facility for groups” defined. “Residential facility for groups” has the
meaning ascribed to it in NRS 449.017.
(Added to NRS by 1993, 2139)
BOARD OF EXAMINERS FOR LONG-TERM CARE ADMINISTRATORS
NRS 654.050 Creation; membership. The
Board of Examiners for Long-Term Care Administrators, consisting of the
Director of the Department of Health and Human Services or the Director’s
designee and six members appointed by the Governor, is hereby created within
the Department of Health and Human Services.
(Added to NRS by 1969, 668; A 1971, 671; 1973, 1287,
1406; 1977, 130,
1029, 1261, 1479; 1993, 2140; 2009, 442)
NRS 654.060 Qualifications of members; representative of general public not
to participate in examination.
1. The Governor shall appoint:
(a) Two members who are nursing facility
administrators.
(b) One member who is an administrator of a
residential facility for groups with less than seven clients.
(c) One member who is an administrator of a
residential facility for groups with seven or more clients.
(d) One member who is a member of the medical or
paramedical professions.
(e) One member who is a representative of the
general public. This member must not be:
(1) A nursing facility administrator or an
administrator of a residential facility for groups; or
(2) The spouse or the parent or child, by
blood, marriage or adoption, of a nursing facility administrator or an
administrator of a residential facility for groups.
2. The member who is a representative of
the general public shall not participate in preparing, conducting or grading
any examination required by the Board.
(Added to NRS by 1969, 668; A 1973, 1287, 1406; 1977, 1029, 1261, 1479; 1993, 2140; 2003, 1199)
NRS 654.080 Removal of members of Board. The
Governor may remove any appointed member of the Board for misconduct in office,
incompetency, neglect of duty or other good cause.
(Added to NRS by 1969, 668; A 1977, 1261)
NRS 654.090 Officers of Board.
1. Immediately after the first Board is
appointed, the members of the Board shall meet and elect from their membership
a Chair, Vice Chair and a Secretary.
2. Thereafter, a Chair and Vice Chair
shall be elected annually.
3. The Secretary of the Board shall serve
as Secretary at the pleasure of the Board.
(Added to NRS by 1969, 669)
NRS 654.100 Meetings of Board; quorum; compensation of members and
employees.
1. The Board shall hold at least one
regular meeting quarterly and may meet at such other times as a meeting may be
called by the Chair or a majority of the membership.
2. Four members of the Board constitute a
quorum for the transaction of business.
3. Each member of the Board is entitled to
receive 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.
(Added to NRS by 1969, 669; A 1989, 1706; 1993, 2141)
NRS 654.110 Powers and duties of Board; confidentiality of certain records
of Board.
1. In a manner consistent with the
provisions of chapter 622A of NRS, the
Board shall:
(a) Develop, impose and enforce standards which
must be met by persons to receive licenses as nursing facility administrators
or administrators of residential facilities for groups. The standards must be
designed to ensure that nursing facility administrators or persons acting as
administrators of residential facilities for groups will be persons who are of
good character and otherwise suitable, and who, by training or experience in
their respective fields of administering health care facilities, are qualified
to serve as nursing facility administrators or administrators of residential
facilities for groups.
(b) Develop and apply appropriate techniques,
including examinations and investigations, for determining whether a person
meets those standards.
(c) Issue licenses to persons determined, after
the application of appropriate techniques, to meet those standards.
(d) Revoke or suspend licenses previously issued
by the Board in any case if the person holding the license is determined
substantially to have failed to conform to the requirements of the standards.
(e) Establish and carry out procedures designed
to ensure that persons licensed as nursing facility administrators or
administrators of residential facilities for groups will, during any period
they serve as such, comply with the requirements of the standards.
(f) Receive, investigate and take appropriate
action with respect to any charge or complaint filed with the Board to the
effect that any person has failed to comply with the requirements of the
standards. Except as otherwise provided in this paragraph, the Board shall
initiate an investigation of any charge or complaint filed with the Board
within 30 days after receiving the charge or complaint. 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.
(g) Conduct a continuing study of:
(1) Facilities for skilled nursing,
facilities for intermediate care and their administrators; and
(2) Residential facilities for groups and
their administrators,
Ê with a view
to the improvement of the standards imposed for the licensing of administrators
and of procedures and methods for the enforcement of the standards.
(h) Conduct or approve, or both, a program of
training and instruction designed to enable all persons to obtain the
qualifications necessary to meet the standards set by the Board for
qualification as a nursing facility administrator or an administrator of a
residential facility for groups.
2. Except as otherwise provided in this
section, all records kept by the Board, not otherwise privileged or confidential,
are public records.
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 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.
(Added to NRS by 1969, 669; A 1973, 1287; 1977, 1029; 1985, 1770; 1993, 2141; 2003, 3476; 2005, 803; 2007, 2150; 2013, 2247)
NRS 654.120 Deposit and use of money paid to Board; delegation of authority
to take disciplinary action.
1. The Secretary of the Board shall
receive and account for all money paid to the Board pursuant to this chapter.
The Secretary of the Board shall deposit the money in banks, credit unions or
savings and loan associations in the State of Nevada.
2. Except as otherwise provided in
subsection 5, all money received by the Board pursuant to this chapter must be
used to:
(a) Pay the per diem and travel expenses of the
members of the Board.
(b) Pay the salaries and per diem and travel
expenses of the employees of the Board.
(c) Administer the provisions of this chapter.
3. Any money which remains at the end of
the fiscal year must be retained by the Board for future disbursement for the
purposes enumerated in subsection 2.
4. In a manner consistent with the
provisions of chapter 622A of NRS, the
Board may delegate to a hearing officer or panel its authority to take any
disciplinary action pursuant to this chapter, impose and collect fines and
penalties therefor and deposit the money therefrom in banks, credit unions or
savings and loan associations in this State.
5. If a hearing officer or panel is not
authorized to take disciplinary action pursuant to subsection 4 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 1969, 670; A 1971, 671; 1989, 1707; 1993, 893, 2142; 1999, 1541; 2005, 804)
NRS 654.130 Maintenance and contents of registers. The
Board shall:
1. Maintain a separate register of all
applications for licensure as a nursing facility administrator and a separate
register of all applications for licensure as an administrator of a residential
facility for groups. Each register must include:
(a) The name, age and place of residence of the
applicant.
(b) If the register is for:
(1) Nursing facility administrators, the
name and address of the facility for skilled nursing or facility for
intermediate care of which the applicant is to be administrator.
(2) Administrators of residential
facilities for groups, the name and address of each residential facility for
groups of which the applicant is to be administrator.
(c) The date of the application.
(d) The date the application was reviewed and the
action taken on the application.
(e) The serial number of the license, if any,
issued to the applicant.
(f) Such other information as the Board may deem
pertinent.
2. Maintain a separate register of all
nursing facility administrators and a separate register of all administrators
of residential facilities for groups licensed pursuant to this chapter showing
the status of each license.
(Added to NRS by 1969, 670; A 1973, 1288; 1977, 1030; 1987, 732; 1993, 2142)
LICENSES
NRS 654.140 Applications for licenses; fees.
1. The Board shall prescribe and furnish
an application form for the use of all persons who desire to be licensed
pursuant to this chapter.
2. All applications filed with the Board
must be accompanied by all information required to complete the application and
the required fee fixed by the Board in an amount not to exceed:
(a) For an administrator of a residential
facility for groups, $150.
(b) For a nursing facility administrator, $250.
3. The Board may fix and charge an
additional fee to cover the cost of administering the examinations if the Board
determines that there is not sufficient money from other sources to cover such
costs.
(Added to NRS by 1969, 670; A 1989, 801; 1993, 2143; 1997, 2182; 2005, 2797, 2807)
NRS 654.145 Payment of child support: Submission of certain information by
applicant; grounds for denial of license; duty of Board. [Effective until the
date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. In addition to any other requirements
set forth in this chapter:
(a) An applicant for the issuance of a license as
a nursing facility administrator or an administrator of a residential facility
for groups shall include the social security number of the applicant in the
application submitted to the Board.
(b) An applicant for the issuance or renewal of a
license as a nursing facility administrator or an administrator of a
residential facility for groups shall submit to the Board the statement
prescribed by the Division of Welfare and Supportive Services of the Department
of Health and Human Services pursuant to NRS
425.520. The statement must be completed and signed by the applicant.
2. The Board shall include the statement
required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the license; or
(b) A separate form prescribed by the Board.
3. A license as a nursing facility
administrator or an administrator of a residential facility for groups 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, 2181; A 2005, 2798, 2807)
NRS 654.145 Payment of child support:
Submission of certain information by applicant; grounds for denial of license;
duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings and expires by
limitation 2 years after that date.]
1. In addition to any other requirements
set forth in this chapter, an applicant for the issuance or renewal of a
license as a nursing facility administrator or an administrator of a
residential facility for groups shall submit to the Board the statement prescribed
by the Division of Welfare and Supportive Services of the Department of Health
and Human Services pursuant to NRS 425.520.
The statement must be completed and signed by the applicant.
2. The Board shall include the statement
required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the license; or
(b) A separate form prescribed by the Board.
3. A license as a nursing facility
administrator or an administrator of a residential facility for groups 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, 2181; A 2005, 2798, 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 654.150 Qualifications of applicant for licensure as nursing facility
administrator. Each applicant for
licensure as a nursing facility administrator pursuant to this chapter must:
1. Be of good moral character and
physically and emotionally capable of administering a facility for skilled
nursing or facility for intermediate care.
2. Have satisfactorily completed a course
of instruction and training prescribed or approved by the Board, including the
study of:
(a) The needs which are to be properly served by
a facility for skilled nursing or facility for intermediate care;
(b) The laws governing the operation of a
facility and the protection of the patients’ interests; and
(c) The elements of good administration of a
facility.
Ê In lieu of
the specific requirements of this subsection, the applicant may present other
evidence satisfactory to the Board of sufficient education, training or
experience by which the applicant would be qualified to administer, supervise
and manage a facility.
3. Pass an examination conducted and
prescribed by the Board pursuant to the provisions of this chapter.
4. Submit with the application:
(a) A complete set of fingerprints and written
permission authorizing the Board to forward the fingerprints to the Central
Repository for Nevada Records of Criminal History for submission to the Federal
Bureau of Investigation for its report; and
(b) A fee to cover the actual cost of obtaining
the report from the Federal Bureau of Investigation.
5. Meet such other standards and
qualifications as the Board may from time to time establish.
6. Submit all information required to
complete the application.
(Added to NRS by 1969, 670; A 1973, 1288; 1975, 1297;
1977, 1030;
1985, 1771;
1993, 2143;
1997, 2182;
2003, 2866;
2005, 2799,
2807)
NRS 654.155 Qualifications of applicant for licensure as administrator of
residential facility for groups. Each
applicant for licensure as an administrator of a residential facility for
groups pursuant to this chapter must:
1. Be at least 21 years of age;
2. Be a citizen of the United States or
lawfully entitled to remain and work in the United States;
3. Be of good moral character and
physically and emotionally capable of administering a residential facility for
groups;
4. Have satisfactorily completed a course
of instruction and training prescribed or approved by the Board or be qualified
by reason of the applicant’s education, training or experience to administer,
supervise and manage a residential facility for groups;
5. Pass an examination conducted and
prescribed by the Board;
6. Submit with the application:
(a) A complete set of fingerprints and written
permission authorizing the Board to forward the fingerprints to the Central
Repository for Nevada Records of Criminal History for submission to the Federal
Bureau of Investigation for its report; and
(b) A fee to cover the actual cost of obtaining
the report from the Federal Bureau of Investigation;
7. Comply with such other standards and
qualifications as the Board prescribes; and
8. Submit all information required to
complete the application.
(Added to NRS by 1993, 2139; A 1997, 2183; 2003, 2867; 2005, 2799, 2807)
NRS 654.161 Licenses issued before July 1, 1973, equivalent to nursing
facility administrator’s license. A
license issued pursuant to the provisions of this chapter prior to July 1,
1973, shall be considered equivalent to, and is subject to the same conditions
as, a nursing facility administrator’s license.
(Added to NRS by 1973, 1286; A 1977, 1030)
NRS 654.170 Form, expiration and renewal of licenses; requirements for
continuing education.
1. The Board shall issue a numbered
license, in such form as it may prescribe, to each applicant who meets the
requirements of NRS 654.150 or 654.155 and shall affix its official seal to the
license.
2. Each license issued by the Board
pursuant to this chapter expires 2 years after the last day of the calendar
month in which it was issued and may be renewed on or before that date
biennially.
3. Any licensed nursing facility
administrator or administrator of a residential facility for groups may renew
his or her license by applying for renewal in the manner prescribed by the
Board, paying the renewal fee fixed by the Board and submitting all information
required to complete the renewal.
4. The Board shall, as a prerequisite for
the renewal of a license, require each holder to comply with:
(a) The requirements for continuing education
adopted by the Board; and
(b) The duties of the administrator set forth in NRS 449.094.
(Added to NRS by 1969, 671; A 1973, 1289; 1977, 1030; 1985, 549; 1989, 801; 1993, 2143; 1997, 2183; 2003, 858; 2005, 2800, 2807, 2813)
NRS 654.180 Reciprocal licensing without examination. The Board may issue a license as a nursing
facility administrator or an administrator of a residential facility for
groups, without examination, to any applicant who holds the same license from
another jurisdiction, if the Board finds that the standards for licensure in
the other jurisdiction are the substantial equivalent of those prevailing in
this state and that the applicant is otherwise qualified.
(Added to NRS by 1969, 671; A 1973, 1289; 1977, 1031; 1993, 2144)
DISCIPLINARY ACTION
NRS 654.184 Inspection of premises by Board. A
member 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
acts in the capacity of a nursing facility administrator or an administrator of
a residential facility for groups 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
acting in the capacity of a nursing facility administrator or an administrator
of a residential facility for groups without the appropriate license issued
pursuant to the provisions of this chapter.
(Added to NRS by 2013, 2246)
NRS 654.185 Referral of complaints to appropriate jurisdiction; immunity
from civil liability; definition.
1. If the Board determines that a
complaint filed with the Board concerns a matter within the jurisdiction of
another licensing board, the Board shall refer the complaint to the other
licensing board within 5 days after making the determination.
2. The Board may refer a complaint
pursuant to subsection 1 orally, electronically or in writing.
3. The provisions of subsection 1 apply to
any complaint filed with the Board, including, without limitation:
(a) A complaint which concerns a person who or
entity which is licensed, certified or otherwise regulated by the Board or by
another licensing board; and
(b) A complaint which concerns a person who or
entity which is licensed, certified or otherwise regulated solely by another
licensing board.
4. The provisions of this section do not
prevent the Board from acting upon a complaint which concerns a matter within
the jurisdiction of the Board regardless of whether the Board refers the complaint
pursuant to subsection 1.
5. The Board or an officer or employee of
the Board is immune from any civil liability for any decision or action taken
in good faith and without malicious intent in carrying out the provisions in
this section.
6. As used in this section, “licensing
board” means a board created pursuant to chapter
630, 630A, 631,
632, 633, 634, 634A, 635, 636, 637, 637A, 637B, 639, 640, 640A, 640B, 640C,
640D, 640E,
641, 641A,
641B, 641C,
643, 644 or
654 of NRS.
(Added to NRS by 2013, 2247)
NRS 654.186 Injunctions against violations of chapter. Whenever any person has engaged or is about to
engage in any conduct which constitutes a violation of the provisions of this
chapter, the district court of any county, on application of the Board, may
issue an injunction or any other order restraining such conduct. Proceedings
under this section must be governed by Rule 65 of the Nevada Rules of
Civil Procedure, except that no bond or undertaking is required in any action
commenced by the Board.
(Added to NRS by 2013, 2246)
NRS 654.187 Acting 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 acts in the capacity of a nursing facility administrator or an administrator
of a residential facility for groups without the appropriate license issued
pursuant to the provisions of this chapter.
(Added to NRS by 2013, 2246)
NRS 654.190 Authorized disciplinary action; grounds for disciplinary action;
notice of hearing; subpoenas; orders imposing discipline deemed public records;
jurisdiction of Board.
1. The Board may, after notice and an
opportunity for a hearing as required by law, impose an administrative fine of
not more than $10,000 for each violation on, recover reasonable investigative
fees and costs incurred from, suspend, revoke, deny the issuance or renewal of
or place conditions on the license of, and place on probation or impose any
combination of the foregoing on any nursing facility administrator or
administrator of a residential facility for groups who:
(a) Is convicted of a felony relating to the
practice of administering a nursing facility or residential facility or of any
offense involving moral turpitude.
(b) Has obtained his or her license by the use of
fraud or deceit.
(c) Violates any of the provisions of this
chapter.
(d) Aids or abets any person in the violation of
any of the provisions of NRS 449.030 to
449.2428, inclusive, as those
provisions pertain to a facility for skilled nursing, facility for intermediate
care or residential facility for groups.
(e) Violates any regulation of the Board
prescribing additional standards of conduct for nursing facility administrators
or administrators of residential facilities for groups, including, without
limitation, a code of ethics.
(f) Engages in conduct that violates the trust of
a patient or resident or exploits the relationship between the nursing facility
administrator or administrator of a residential facility for groups and the
patient or resident for the financial or other gain of the licensee.
2. If a licensee requests a hearing
pursuant to subsection 1, the Board shall give the licensee written notice of a
hearing pursuant to NRS 233B.121 and 241.034. A licensee may waive, in writing,
his or her right to attend the hearing.
3. The Board may compel the attendance of
witnesses or the production of documents or objects by subpoena. The Board may
adopt regulations that set forth a procedure pursuant to which the Chair of the
Board may issue subpoenas on behalf of the Board. Any person who is subpoenaed
pursuant to this subsection may request the Board to modify the terms of the
subpoena or grant additional time for compliance.
4. An order that imposes discipline and
the findings of fact and conclusions of law supporting that order are public
records.
5. The expiration of a license by
operation of law or by order or decision of the Board or a court, or the
voluntary surrender of a license, does not deprive the Board of jurisdiction to
proceed with any investigation of, or action or disciplinary proceeding
against, the licensee or to render a decision suspending or revoking the
license.
(Added to NRS by 1969, 671; A 1971, 938; 1973, 1289; 1977, 94, 1031; 1985, 1771; 1993, 894, 2144; 1999, 3610; 2003, 859, 2731, 3477; 2005, 805; 2007, 1050; 2009, 442, 1446; 2011, 196, 364, 705, 1067, 1362, 2256)
NRS 654.193 Suspension of license for failure to pay child support or comply
with certain subpoenas or warrants; reinstatement of license. [Effective until
2 years after the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
1. If the Board receives a copy of a court
order issued pursuant to NRS 425.540
that provides for the suspension of all professional, occupational and
recreational licenses, certificates and permits issued to a person who is the
holder of a license as a nursing facility administrator or an administrator of
a residential facility for groups, the Board shall deem the license issued to
that person to be suspended at the end of the 30th day after the date on which
the court order was issued unless the Board receives a letter issued to the
holder of the license by the district attorney or other public agency pursuant
to NRS 425.550 stating that the holder
of the license has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560.
2. The Board shall reinstate a license as
a nursing facility administrator or an administrator of a residential facility
for groups 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, 2181; A 2005, 2807)
NRS 654.195 Reinstatement of suspended or revoked license of administrator
of residential facility for groups. [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. Except as otherwise provided in
subsection 2, the Board may reinstate the license of an administrator of a
residential facility for groups that has been suspended by the Board if:
(a) A majority of the members of the Board vote
in favor of the reinstatement; or
(b) The person who held the license reapplies for
a license as an administrator of a residential facility for groups pursuant to NRS 654.140 and the Board determines that the person
meets the requirements of NRS 654.155.
2. The Board may reinstate a license of an
administrator of a residential facility for groups that has been suspended
pursuant to NRS 425.540 only if the
holder of the license complies with the requirements for reinstatement set
forth in NRS 654.193.
3. In a manner consistent with the
provisions of chapter 622A of NRS, the
Board may reinstate the license of an administrator of a residential facility
for groups that has been revoked by the Board if all of the members of the
Board vote in favor of reinstatement.
(Added to NRS by 1993, 2140; A 1997, 2183; 2005, 805, 2807; 2007, 1051)
NRS 654.195 Reinstatement of
suspended or revoked license of administrator of residential facility for
groups. [Effective 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. The Board may reinstate the license of
an administrator of a residential facility for groups that has been suspended
by the Board if:
(a) A majority of the members of the Board vote
in favor of the reinstatement; or
(b) The person who held the license reapplies for
a license as an administrator of a residential facility for groups pursuant to NRS 654.140 and the Board determines that the person
meets the requirements of NRS 654.155.
2. In a manner consistent with the
provisions of chapter 622A of NRS, the
Board may reinstate the license of an administrator of a residential facility
for groups that has been revoked by the Board if all of the members of the
Board vote in favor of reinstatement.
(Added to NRS by 1993, 2140, A 1997, 2183; 2005, 805, 806, 2807; 2007, 1051,
effective 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)
PENALTIES; APPLICABILITY
NRS 654.200 Penalty for acting without license. Any
person who acts in the capacity of a nursing facility administrator or an
administrator of a residential facility for groups without a license issued
pursuant to the provisions of this chapter is guilty of a misdemeanor.
(Added to NRS by 1969, 671; A 1973, 1289; 1977, 1031; 1993, 2144)
NRS 654.210 Applicability of chapter.
1. The provisions of this chapter do not
apply to any institution conducted by and for the adherents of any church or
religious denomination for the purpose of providing facilities for the care and
treatment of the sick who depend solely upon spiritual means through prayer for
healing in the practice of the religion of such church or denomination.
2. Notwithstanding the provisions of NRS 654.200, no license is required of any individual
responsible for the planning, organizing, directing and controlling of such
institutions.
(Added to NRS by 1969, 671)
