2005 Nevada Revised Statutes - Chapter 632 — Nursing

CHAPTER 632 - NURSING

GENERAL PROVISIONS

NRS 632.005 Legislativedeclaration.

NRS 632.010 Definitions.

NRS 632.011 Accreditedschool of nursing defined.

NRS 632.0112 Accreditedschool of practical nursing defined.

NRS 632.0114 Accreditedschool of professional nursing defined.

NRS 632.012 Advancedpractitioner of nursing defined.

NRS 632.0125 Agencyto provide nursing in the home defined.

NRS 632.0126 Approvedschool of nursing defined.

NRS 632.01262 Approvedschool of practical nursing defined.

NRS 632.01264 Approvedschool of professional nursing defined.

NRS 632.0127 Basicnursing services defined.

NRS 632.013 Boarddefined.

NRS 632.0135 Certificatedefined.

NRS 632.014 Certifiedregistered nurse anesthetist defined.

NRS 632.015 Emergencydefined.

NRS 632.0155 Facilityfor long-term care defined.

NRS 632.016 Licensedpractical nurse defined.

NRS 632.0162 Licenseedefined.

NRS 632.0164 Medicalfacility defined.

NRS 632.0166 Nursingassistant defined.

NRS 632.0168 Nursingassistant trainee defined.

NRS 632.0169 Practiceof nursing defined.

NRS 632.017 Practiceof practical nursing defined.

NRS 632.018 Practiceof professional nursing defined.

NRS 632.019 Registerednurse defined.

NRS 632.0195 Systemfor the delivery of health care defined.

STATE BOARD OF NURSING

NRS 632.020 Creation;number of members.

NRS 632.030 Qualificationsof members; duration of term; consecutive terms.

NRS 632.040 Timefor filling vacancies.

NRS 632.050 Removalof member.

NRS 632.060 Officers;Executive Director.

NRS 632.065 Officesand employees of Board.

NRS 632.068 Limitationson liability of members, employees and agents of Board.

NRS 632.070 Meetings;quorum; examinations.

NRS 632.072 AdvisoryCommittee on Nursing Assistants: Creation; appointment; duties.

NRS 632.073 Boardauthorized to appoint advisory committees; reimbursement of members for actualexpenses.

NRS 632.080 Compensation;per diem allowances and travel expenses; payment from money of Board.

NRS 632.085 Fiscalyear.

NRS 632.090 Depositand use of money; delegation of authority concerning disciplinary action;deposit of fines; claim for attorneys fees or costs of investigation.

NRS 632.100 Recordsand publications of Board.

NRS 632.120 Duties;regulations; additional fees.

NRS 632.122 Acceptanceof gifts, grants and payments; contracts.

NRS 632.125 Hospitalsand agencies employing nurses to submit list of personnel to Board; medicalfacilities to confirm qualifications before employment of nursing assistant ornursing assistant trainee.

PROFESSIONAL NURSING

NRS 632.140 Qualificationsand fee for applicants for license.

NRS 632.150 Examinationof applicants and issuance of licenses.

NRS 632.160 Admissionto practice without examination.

NRS 632.170 Outstandinglicenses or registrations not affected.

NRS 632.235 Authorizedacts under emergency or special conditions.

NRS 632.237 Advancedpractitioner of nursing: Certificate of recognition; regulations.

NRS 632.240 Systemfor delivery of health care: Nursing services must be supervised by chiefadministrative nurse.

PRACTICAL NURSING

NRS 632.270 Qualificationsof applicant for license.

NRS 632.280 Issuanceof license; admission without examination.

NURSING ASSISTANTS

NRS 632.285 Practicingor offering to practice without certificate unlawful; enforcement.

NRS 632.2852 Applicationfor certificate; certification by examination or by endorsement; issuance ofcertificate.

NRS 632.2856 Trainingprograms; regulations.

NRS 632.2858 Examinationof applicants.

NRS 632.286 Listof approved training programs; Board to share information with state agencyconcerning disciplinary action against nursing assistants employed in agencysfacilities.

LICENSING AND CERTIFICATIONGENERALLY; FEES

NRS 632.300 Temporarylicense or certificate.

NRS 632.305 Interimpermit.

NRS 632.307 Nondisciplinarycondition, limitation or restriction placed on license or certificate by Board.

NRS 632.310 Investigationof actions of licensee or holder of certificate by Board or Executive Director;request by Board for complete name and work assignments of licensee or nursingassistant under investigation by Board.

NRS 632.315 Practicingor offering to practice nursing without license unlawful; enforcement.

NRS 632.320 Groundsfor denial, revocation or suspension of license or certificate or otherdisciplinary action.

NRS 632.322 Suspensionof license or certificate for failure to pay child support or comply withcertain subpoenas or warrants; reinstatement of license or certificate.[Expires by limitation 2 years after the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

NRS 632.325 Authorizeddisciplinary action; private reprimands prohibited; orders imposing disciplinedeemed public records.

NRS 632.330 Regulationsconcerning reissuance of license or certificate after revocation.

NRS 632.340 Exemptionsfrom required licensing or certification.

NRS 632.341 Renewaland reinstatement of licenses; transfer to inactive list.

NRS 632.342 Renewalof certificate.

NRS 632.3425 Renewalof suspended license or certificate.

NRS 632.343 Continuingeducation: Prerequisite to renewal of license; exemption; review of courses byBoard; required and recommended courses.

NRS 632.344 Applicantfor license or certificate to submit set of fingerprints to Board.

NRS 632.3443 Applicationfor license or certificate to include social security number of applicant.[Repealed.]

NRS 632.3446 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license or certificate; duty of Board. [Effective until the date ofthe repeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

NRS 632.3446 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license or certificate; duty of Board. [Effective on the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings andexpires by limitation 2 years after that date.]

NRS 632.345 Fees.

DISCIPLINARY ACTION

NRS 632.350 Filingof administrative complaint and service of notice required; right to obtaincertain documents in possession of Board; hearing.

NRS 632.355 Delegationof authority to conduct hearing concerning discipline of licensee or holder ofcertificate.

NRS 632.360 Issuanceof subpoenas; service of process.

NRS 632.380 Depositionsof witnesses.

NRS 632.390 Powerof district court to compel attendance of witness and production of books andpapers.

NRS 632.400 Timefor rendering decision; notice of decision required; effective date ofdecision.

NRS 632.405 Certainrecords relating to investigation deemed confidential; certain records relatingto disciplinary action deemed public records; communication and cooperationwith other agencies.

NURSING SCHOOLS

NRS 632.430 Schoolsof practical nursing: Standards and curricula; approval by Board; removal fromapproved list for just cause.

NRS 632.440 Schoolsof professional nursing: Standards and curricula; approval by Board.

NRS 632.450 Schoolsof professional nursing: Minimum length of course of instruction.

NRS 632.460 Schoolsof professional nursing: Survey and written report required before approval.

NRS 632.470 Schoolsof professional nursing: Periodic survey of approved schools; acceptance ofsurvey from nationally recognized association; reports and recommendations;notice of deficiencies; effect of failure to remedy deficiencies.

MISCELLANEOUS PROVISIONS

NRS 632.472 Personsrequired to report on conduct of licensees or holders of certificates;voluntary reports; immunity from civil liability.

NRS 632.473 Treatmentof patients by nurse employed by Department of Corrections.

NRS 632.474 Pronouncementof death by registered nurse.

NRS 632.475 Unlawfulto require participation in abortion.

NRS 632.476 Employerof licensee or nursing assistant required to prepare and maintain record ofwork assignments.

NRS 632.477 Identificationincluding surname of licensee prohibited.

NRS 632.480 Injunctionsagainst violations of chapter.

NRS 632.490 Prosecutionof violators.

NRS 632.495 Citations.

NRS 632.500 Penalties.

_________

 

GENERAL PROVISIONS

NRS 632.005 Legislativedeclaration. The Legislature hereby declaresthat the practice of nursing is a learned profession affecting the safety,health and welfare of the public and is subject to regulation to protect thepublic from the practice of nursing by unqualified and unlicensed persons andfrom unprofessional conduct by persons licensed to practice nursing. TheLegislature further declares that the purpose of the State Board of Nursing isto regulate the practice of nursing and to enforce the provisions of thischapter.

(Added to NRS by 1995, 1648)

NRS 632.010 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS632.011 to 632.0195, inclusive,have the meanings ascribed to them in those sections.

[2:256:1947; A 1949, 536; 1943 NCL 4756.02] +[2:154:1949; 1943 NCL 4759.02](NRS A 1963, 608; 1973, 522; 1977, 189; 1979,1870; 1987, 1526; 1989, 2013, 2050; 1999, 1324; 2003, 336)

NRS 632.011 Accreditedschool of nursing defined. Accredited schoolof nursing means a school of nursing which is accredited by a nationallyrecognized association or an agency authorized by law to accredit schools ofnursing in the state in which the school is located.

(Added to NRS by 1987, 1524; A 1999, 1324; 2003, 336)

NRS 632.0112 Accreditedschool of practical nursing defined. Accreditedschool of practical nursing means a school of practical nursing which isaccredited by a nationally recognized association or an agency authorized bylaw to accredit schools of practical nursing in the state in which the schoolis located.

(Added to NRS by 2003, 335)

NRS 632.0114 Accreditedschool of professional nursing defined. Accreditedschool of professional nursing means a school of professional nursing which isaccredited by a nationally recognized association or an agency authorized bylaw to accredit schools of professional nursing in the state in which theschool is located.

(Added to NRS by 2003, 336)

NRS 632.012 Advancedpractitioner of nursing defined. Advancedpractitioner of nursing means a registered nurse who:

1. Has specialized skills, knowledge and experience;and

2. Is authorized by the Board to provide services inaddition to those that other registered nurses are authorized to provide.

(Added to NRS by 1987, 1524; A 1991, 790)

NRS 632.0125 Agencyto provide nursing in the home defined. Agencyto provide nursing in the home has the meaning ascribed to it in NRS 449.0015.

(Added to NRS by 1989, 2007)

NRS 632.0126 Approvedschool of nursing defined. Approved schoolof nursing means a school of nursing that is approved by the Board as meetingthe standards for nursing education established by the Board pursuant to NRS 632.430 to 632.470, inclusive.

(Added to NRS by 1999, 1324)

NRS 632.01262 Approvedschool of practical nursing defined. Approvedschool of practical nursing means a school of practical nursing that is approvedby the Board as meeting the standards for practical nursing educationestablished by the Board pursuant to NRS632.430.

(Added to NRS by 2003, 336)

NRS 632.01264 Approvedschool of professional nursing defined. Approvedschool of professional nursing means a school of professional nursing that isapproved by the Board as meeting the standards for professional nursing educationestablished by the Board pursuant to NRS632.440 to 632.470, inclusive.

(Added to NRS by 2003, 336)

NRS 632.0127 Basicnursing services defined. Basic nursingservices means the performance of acts designated by the Board which arewithin the practice of nursing under the direction of a registered nurse or alicensed practical nurse that do not require the substantial specialized skill,judgment and knowledge required of a registered nurse or licensed practicalnurse.

(Added to NRS by 1989, 2007)

NRS 632.013 Boarddefined. Board means the State Board ofNursing.

(Added to NRS by 1987, 1524)

NRS 632.0135 Certificatedefined. Certificate means a document whichauthorizes a person to practice as a nursing assistant.

(Added to NRS by 1989, 2007)

NRS 632.014 Certifiedregistered nurse anesthetist defined. Certifiedregistered nurse anesthetist means a registered nurse who:

1. Has completed a nationally accredited program inthe science of anesthesia; and

2. Is certified by the Board to administer anestheticagents to a person under the care of a licensed physician, a licensed dentistor a licensed podiatric physician.

(Added to NRS by 1987, 1524; A 1993, 2217)

NRS 632.015 Emergencydefined. Emergency means an unforeseencombination of circumstances calling for immediate action.

(Added to NRS by 1987, 1525)

NRS 632.0155 Facilityfor long-term care defined. Facility forlong-term care means a facility for intermediate care, as defined in NRS 449.0038, or a facility for skillednursing, as defined in NRS 449.0039.

(Added to NRS by 1989, 2007)

NRS 632.016 Licensedpractical nurse defined. Licensed practicalnurse means a person who is licensed to practice practical nursing as providedin this chapter.

(Added to NRS by 1987, 1525)

NRS 632.0162 Licenseedefined. Licensee means a person licensedpursuant to this chapter.

(Added to NRS by 1989, 2050)

NRS 632.0164 Medicalfacility defined. Medical facility has themeaning ascribed to it in NRS 449.0151.

(Added to NRS by 1989, 2008)

NRS 632.0166 Nursingassistant defined.

1. Nursing assistant means a person who, under thedirection of a licensed nurse, performs basic restorative services and basicnursing services which are directed at the safety, comfort, personal hygiene,basic mental health and protection of patients and the protection of the rightsof patients.

2. The term does not include a person who is employedby this State or under contract with this State to provide, or assist in theprovision of, personal care of other persons if he does not primarily performacts that are within the authorized scope of practice of a nursing assistant.

(Added to NRS by 1989, 2008; A 1997, 922; 1999, 1324)

NRS 632.0168 Nursingassistant trainee defined. Nursing assistanttrainee means a person who is:

1. Enrolled in a training program required forcertification as a nursing assistant; or

2. Awaiting the results of a certificationexamination.

(Added to NRS by 1989, 2008)

NRS 632.0169 Practiceof nursing defined. Practice of nursingmeans the general observation, diagnosis and treatment of changes in a personshealth. The term does not include acts of medical diagnosis or prescription oftherapeutic or corrective measures, except as authorized by specific statute.

(Added to NRS by 1989, 2050)

NRS 632.017 Practiceof practical nursing defined. Practice ofpractical nursing means the performance of selected acts in the care of theill, injured or infirm under the direction of a registered professional nurse,an advanced practitioner of nursing, a licensed physician, a licensed physicianassistant, a licensed dentist or a licensed podiatric physician, not requiringthe substantial specialized skill, judgment and knowledge required inprofessional nursing.

(Added to NRS by 1987, 1525; A 1993, 2218; 1999, 1325; 2001, 1, 792)

NRS 632.018 Practiceof professional nursing defined. Practice ofprofessional nursing means the performance of any act in the observation, careand counsel of the ill, injured or infirm, in the maintenance of health orprevention of illness of others, in the supervision and teaching of otherpersonnel, in the administration of medications and treatments as prescribed byan advanced practitioner of nursing, a licensed physician, a licensed physicianassistant, a licensed dentist or a licensed podiatric physician, requiringsubstantial specialized judgment and skill based on knowledge and applicationof the principles of biological, physical and social science, but does notinclude acts of medical diagnosis or prescription of therapeutic or correctivemeasures.

(Added to NRS by 1987, 1525; A 1993, 2218; 1999, 1325; 2001, 2, 792)

NRS 632.019 Registerednurse defined. Registered nurse means a personwho is licensed to practice professional nursing.

(Added to NRS by 1987, 1524)

NRS 632.0195 Systemfor the delivery of health care defined. Systemfor the delivery of health care means a licensed medical facility, as definedin NRS 449.0151, or other organizationthat provides organized nursing services.

(Added to NRS by 1999, 1324)

STATE BOARD OF NURSING

NRS 632.020 Creation;number of members. The State Board of Nursing,consisting of seven members appointed by the Governor, is hereby created.

[Part 3:256:1947; 1943 NCL 4756.03](NRS A 1963,609; 1973, 523; 1977, 1251)

NRS 632.030 Qualificationsof members; duration of term; consecutive terms.

1. The Governor shall appoint:

(a) Three registered nurses who are graduates of anaccredited school of nursing, are licensed as professional nurses in the Stateof Nevada and have been actively engaged in nursing for at least 5 yearspreceding the appointment.

(b) One practical nurse who is a graduate of anaccredited school of practical nursing, is licensed as a practical nurse inthis State and has been actively engaged in nursing for at least 5 years precedingthe appointment.

(c) One nursing assistant who is certified pursuant tothe provisions of this chapter.

(d) One memberwho represents the interests of persons or agencies that regularly providehealth care to patients who are indigent, uninsured or unable to afford healthcare. This member may be licensed under the provisions of this chapter.

(e) One memberwho is a representative of the general public. This member must not be:

(1) Alicensed practical nurse, a registered nurse, a nursing assistant or anadvanced practitioner of nursing; or

(2) The spouse or the parent or child, by blood,marriage or adoption, of a licensed practical nurse, a registered nurse, anursing assistant or an advanced practitioner of nursing.

2. Each member of the Board must be:

(a) A citizen of the United States; and

(b) A resident of the State of Nevada who has residedin this State for not less than 2 years.

3. A representative of the general public may not:

(a) Have a fiduciary obligation to a hospital or otherhealth agency;

(b) Have a material financial interest in the renderingof health services; or

(c) Be employed in the administration of healthactivities or the performance of health services.

4. The members appointed to the Board pursuant toparagraphs (a) and (b) of subsection 1 must be selected to provide the broadestrepresentation of the various activities, responsibilities and types of servicewithin the practice of nursing and related areas, which may include, withoutlimitation, experience:

(a) In administration.

(b) In education.

(c) As an advanced practitioner of nursing.

(d) In an agency or clinic whose primary purpose is toprovide medical assistance to persons of low and moderate incomes.

(e) In a licensed medical facility.

5. Each member of the Board shall serve a term of 4years. If a vacancy occurs during a members term, the Governor shall appoint aperson qualified under this section to replace that member for the remainder ofthe unexpired term.

6. No member of the Board may serve more than twoconsecutive terms. For the purposes of this subsection, service of 2 or moreyears in filling an unexpired term constitutes a term.

[Part 3:256:1947; 1943 NCL 4756.03](NRS A 1963,609; 1973, 523; 1977, 1251; 1983, 256; 1995, 1649; 2003, 1191)

NRS 632.040 Timefor filling vacancies. All appointments to theBoard must be made by the Governor within 60 days from the time a vacancyoccurs.

[Part 3:256:1947; 1943 NCL 4756.03](NRS A 1963,610; 1977, 1252; 1981, 525)

NRS 632.050 Removalof member. The prevailing laws of the State ofNevada controlling the removal from office of public officials shall beapplicable to the removal of any member of the Board during his term of office.

[4:256:1947; 1943 NCL 4756.04]

NRS 632.060 Officers;Executive Director.

1. Each year at a meeting of the Board, to be held inaccordance with NRS 632.070, the Boardshall elect from its members a President, a Vice President and a Secretary.

2. The Board may appoint an Executive Director whoneed not be a member of the Board. The Executive Director appointed by theBoard must be a professional nurse licensed to practice nursing in the State ofNevada. The Executive Director shall perform such duties as the Board maydirect and is entitled to receive compensation as set by the Board. TheExecutive Director is entitled to receive a per diem allowance and travelexpenses at a rate fixed by the Board, while engaged in the business of theBoard. The rate must not exceed the rate provided for state officers andemployees generally.

[Part 5:256:1947; A 1955, 608](NRS A 1963, 150, 610;1971, 224; 1983, 256; 1989, 1697; 1991, 318)

NRS 632.065 Officesand employees of Board. The Board may:

1. Maintain offices in as many localities in the Stateas it finds necessary to carry out the provisions of this chapter.

2. Employ attorneys, investigators and otherprofessional consultants and clerical personnel necessary to the discharge ofits duties.

(Added to NRS by 1963, 150)

NRS 632.068 Limitationson liability of members, employees and agents of Board. A member of the Board or an employee or agent of the Boardis not liable in a civil action for any act performed in good faith and withinthe scope of the duties of the Board pursuant to the provisions of thischapter.

(Added to NRS by 1999, 1324)

NRS 632.070 Meetings;quorum; examinations.

1. The Board shall meet at least three times a year atapproximately 4-month intervals for the purpose of transacting such business asmay properly come before the Board.

2. The Board shall hold not less than one examinationeach year at such times and places as the Board may determine.

3. Special meetings of the Board may be held on thecall of the President or upon the call of any three members. A written noticeof the time, place and object of any special meeting must be mailed by theExecutive Director to all members of the Board who are not parties to the callat least 15 days prior to the day of such meeting.

4. A majority of the Board constitutes a quorum at anymeeting.

[Part 5:256:1947; A 1955, 608](NRS A 1963, 611;1973, 524; 1983, 257)

NRS 632.072 AdvisoryCommittee on Nursing Assistants: Creation; appointment; duties.

1. The Advisory Committee on Nursing Assistants,consisting of 10 members appointed by the Board, is hereby created.

2. The Board shall appoint to the Advisory Committee:

(a) One representative of facilities for long-termcare;

(b) One representative of medical facilities whichprovide acute care;

(c) One representative of agencies to provide nursingin the home;

(d) One representative of the Health Division of theDepartment of Health and Human Services;

(e) One representative of the Division of Health CareFinancing and Policy of the Department of Health and Human Services;

(f) One representative of the Aging Services Divisionof the Department of Health and Human Services;

(g) One representative of the American Association ofRetired Persons or a similar organization;

(h) A nursing assistant;

(i) A registered nurse; and

(j) A licensed practical nurse.

3. The Advisory Committee shall advise the Board withregard to matters relating to nursing assistants.

(Added to NRS by 1989, 2008; A 1999, 2239)

NRS 632.073 Boardauthorized to appoint advisory committees; reimbursement of members for actualexpenses.

1. In addition to the Advisory Committee on NursingAssistants created by NRS 632.072, theBoard may appoint such other advisory committees as it deems appropriate.

2. The members of any advisory committee appointedpursuant to subsection 1 are not entitled to be paid a salary or to receive perdiem allowances for conducting the business of the advisory committee, but theBoard may authorize reimbursement for the actual expenses incurred by a memberfor traveling to and from a meeting of the advisory committee.

(Added to NRS by 1995, 1649)

NRS 632.080 Compensation;per diem allowances and travel expenses; payment from money of Board.

1. The compensation of the members of the Board mustbe fixed by the Board, but may not exceed $80 for each day spent by each memberin the discharge of his official duties.

2. While engaged in the discharge of his officialduties, each member and employee of the Board is entitled to receive a per diemallowance and travel expenses at a rate fixed by the Board. The rate must notexceed the rate provided for state officers and employees generally.

3. All compensation, per diem allowances and travelexpenses of the members and employees of the Board must be paid out of themoney of the Board.

[Part 5:256:1947; A 1955, 608](NRS A 1963, 151, 611;1971, 224; 1975, 303; 1979, 719; 1981, 1992; 1985, 444; 1989, 1698; 1999, 1325)

NRS 632.085 Fiscalyear. The Board shall operate on the basis ofa fiscal year commencing on July 1 and terminating on June 30.

(Added to NRS by 1963, 150)

NRS 632.090 Depositand use of money; delegation of authority concerning disciplinary action;deposit of fines; claim for attorneys fees or costs of investigation.

1. Except as otherwise provided in subsection 3, allmoney received by the Board under the provisions of this chapter must be paidto the Executive Director of the Board, who shall deposit the money in banks,credit unions or savings and loan associations in the State of Nevada. Themoney may be drawn on by the Board for payment of all expenses incurred in theadministration of the provisions of this chapter.

2. The Board may delegate to a hearing officer orpanel its authority to take any disciplinary action pursuant to this chapter,impose and collect fines and penalties therefor and deposit the money therefromin banks, credit unions or savings and loan associations in this State.

3. If a hearing officer or panel is not authorized totake disciplinary action pursuant to subsection 2 and the Board deposits themoney collected from the imposition of fines with the State Treasurer forcredit to the State General Fund, it may present a claim to the State Board ofExaminers for recommendation to the Interim Finance Committee if money isneeded to pay attorneys fees or the costs of an investigation, or both.

[14:256:1947; 1943 NCL 4756.14](NRS A 1963, 151,611; 1969, 66; 1983, 257; 1993, 885; 1999, 1532)

NRS 632.100 Recordsand publications of Board.

1. The Board shall make and keep a complete record ofall its proceedings, including, without limitation:

(a) A file of all applications for licenses andcertificates under this chapter, together with the action of the Board uponeach application;

(b) A register of all nurses licensed and all nursingassistants certified in this State; and

(c) Documentation of any disciplinary action taken bythe Board against a licensee or holder of a certificate.

2. The Board shall maintain in its main office apublic docket or other record in which it shall record, from time to time asmade, the rulings or decisions upon all complaints filed with it, and allinvestigations instituted by it in the first instance, upon or in connectionwith which any hearing has been had, or in which the licensee or holder of acertificate charged has made no defense.

3. At least semiannually, the Board shall publish alist of the names of all applicants whose applications were denied within theimmediately preceding year and all licensees and holders of certificates whowere the subject of disciplinary action within the immediately preceding year,together with such other information relative to the enforcement of theprovisions of this chapter as it may deem of interest to the public.

[Part 5:256:1947; A 1955, 608] + [Part 7:154:1949; A1955, 547] + [Part 16:256:1947; A 1955, 608](NRS A 1963, 612; 1973, 524; 1979,958; 1989, 2014; 1999,1325)

NRS 632.120 Duties;regulations; additional fees.

1. The Board shall:

(a) Adopt regulations establishing reasonablestandards:

(1) For the denial, renewal, suspension andrevocation of, and the placement of conditions, limitations and restrictionsupon, a license to practice professional or practical nursing or a certificateto practice as a nursing assistant.

(2) Of professional conduct for the practice ofnursing.

(3) For prescribing and dispensing controlledsubstances and dangerous drugs in accordance with applicable statutes.

(b) Prepare and administer examinations for theissuance of a license or certificate under this chapter.

(c) Investigate and determine the eligibility of anapplicant for a license or certificate under this chapter.

(d) Carry out and enforce the provisions of thischapter and the regulations adopted pursuant thereto.

2. The Board may adopt regulations establishingreasonable:

(a) Qualifications for the issuance of a license orcertificate under this chapter.

(b) Standards for the continuing professionalcompetence of licensees or holders of a certificate. The Board may evaluatelicensees or holders of a certificate periodically for compliance with thosestandards.

3. The Board may adopt regulations establishing a scheduleof reasonable fees and charges, in addition to those set forth in NRS 632.345, for:

(a) Investigating licensees or holders of a certificateand applicants for a license or certificate under this chapter;

(b) Evaluating the professional competence of licenseesor holders of a certificate;

(c) Conducting hearings pursuant to this chapter;

(d) Duplicating and verifying records of the Board; and

(e) Surveying, evaluating and approving schools ofpractical nursing, and schools and courses of professional nursing,

and collectthe fees established pursuant to this subsection.

4. For thepurposes of this chapter, the Board shall, by regulation, define the term inthe process of obtaining accreditation.

5. The Board may adopt such other regulations, notinconsistent with state or federal law, as may be necessary to carry out theprovisions of this chapter relating to nursing assistant trainees and nursingassistants.

6. The Board may adopt such other regulations, notinconsistent with state or federal law, as are necessary to enable it toadminister the provisions of this chapter.

[Part 5:256:1947; A 1955, 608](NRS A 1985, 311;1989, 2008, 2050; 1993, 1218; 1999, 1326; 2003, 336)

NRS 632.122 Acceptanceof gifts, grants and payments; contracts. TheBoard may:

1. Accept gifts or grants of money to pay for thecosts of administering the provisions of this chapter.

2. Enter into contracts with other public agencies andaccept payment from those agencies to pay the expenses incurred by the Board incarrying out the provisions of this chapter relating to nursing assistanttrainees and nursing assistants.

(Added to NRS by 1989, 2008)

NRS 632.125 Hospitalsand agencies employing nurses to submit list of personnel to Board; medicalfacilities to confirm qualifications before employment of nursing assistant ornursing assistant trainee.

1. Each hospital or agency in the State employingprofessional or practical nurses or nursing assistants shall submit a list ofsuch nursing personnel to the Board at least three times annually as directedby the Board. Each list submitted to the Board pursuant to this subsection isconfidential.

2. A medical facility shall, before hiring a nursingassistant or nursing assistant trainee, obtain validation from the Board thatthe prospective employee has a current certificate, is enrolled in a trainingprogram required for certification or is awaiting the results of acertification examination.

(Added to NRS by 1963, 610; A 1989, 2013, 2014; 2001, 623)

PROFESSIONAL NURSING

NRS 632.140 Qualificationsand fee for applicants for license.

1. Every applicant for a license to practice as aprofessional nurse in the State of Nevada must submit to the Board writtenevidence under oath that he:

(a) Is of good moral character.

(b) Is in good physical and mental health.

(c) Has completed a course of study in:

(1) Anaccredited school of professional nursing and holds a diploma therefrom; or

(2) An approved school of professional nursingin the process of obtaining accreditation and holds a diploma therefrom.

(d) Meets such other reasonable preliminaryqualification requirements as the Board may from time to time prescribe.

2. Each applicant must remit the fee required by thischapter with his application for a license to practice as a professional nursein this State.

[6:256:1947; A 1949, 536; 1943 NCL 4756.06] + [Part8:256:1947; A 1955, 608](NRS A 1963, 612; 1973, 525; 2003, 337)

NRS 632.150 Examinationof applicants and issuance of licenses.

1. Each applicant who is otherwise qualified for alicense to practice nursing as a professional nurse shall be required to writeand pass an examination on such subjects and in such form as the Board may fromtime to time determine. Such written examination may be supplemented by an oralor practical examination in the discretion of the Board.

2. The Board shall issue a license to practice nursingas a professional nurse in the State of Nevada to each applicant whosuccessfully passes such examination or examinations.

[Part 7:256:1947; 1943 NCL 4756.07]

NRS 632.160 Admissionto practice without examination. The Boardshall, without examination, issue a license to practice nursing as a professionalnurse to any applicant who otherwise meets the qualifications required ofprofessional nurses in this State and who has been duly licensed or registeredas a registered nurse under the laws of any other jurisdiction after passing anexamination required by that jurisdiction, if it appears to the Board that therequirements and scope of the required examination were at least equivalent tothose prescribed by this chapter for examinations. If the applicant was trainedas a nurse in a jurisdiction where English is not the prevalent language, theBoard shall require that the applicant pass an examination testing hisproficiency in reading, writing and speaking English.

[Part 7:256:1947; 1943 NCL 4756.07] + [Part8:256:1947; A 1955, 608](NRS A 1963, 613; 1973, 525; 1979, 434)

NRS 632.170 Outstandinglicenses or registrations not affected. Eachperson holding a valid and subsisting license or certificate of registration topractice nursing as a registered nurse in this State on July 1, 1947, shallthereafter be deemed to be licensed as a professional nurse under theprovisions of this chapter.

[10:256:1947; 1943 NCL 4756.10]

NRS 632.235 Authorizedacts under emergency or special conditions. Aregistered nurse may perform such acts, under emergency or other specialconditions prescribed by regulations adopted by the Board, which includespecial training, as are recognized by the medical and nursing professions asproper to be performed by a registered nurse under those conditions, eventhough the acts might otherwise be considered diagnosis and prescription, butnothing in this chapter authorizes registered nurses to perform those functionsand duties specifically delegated by law to persons licensed as dentists,podiatric physicians, optometrists or chiropractors.

(Added to NRS by 1987, 1525; A 1993, 2218)

NRS 632.237 Advancedpractitioner of nursing: Certificate of recognition; regulations.

1. The Board may grant a certificate of recognition asan advanced practitioner of nursing to a registered nurse who has completed aneducational program designed to prepare a registered nurse to:

(a) Perform designated acts of medical diagnosis;

(b) Prescribe therapeutic or corrective measures; and

(c) Prescribe controlled substances, poisons, dangerousdrugs and devices,

and who meetsthe other requirements established by the Board for such certification.

2. An advanced practitioner of nursing may:

(a) Engage in selected medical diagnosis and treatment;and

(b) If authorized pursuant to NRS 639.2351, prescribe controlledsubstances, poisons, dangerous drugs and devices,

pursuant toa protocol approved by a collaborating physician. A protocol must not includeand an advanced practitioner of nursing shall not engage in any diagnosis,treatment or other conduct which the advanced practitioner of nursing is notqualified to perform.

3. The Board shall adopt regulations:

(a) Specifying the training, education and experiencenecessary for certification as an advanced practitioner of nursing.

(b) Delineating the authorized scope of practice of anadvanced practitioner of nursing.

(c) Establishing the procedure for application forcertification as an advanced practitioner of nursing.

(Added to NRS by 1987, 1525; A 1991, 790; 2001, 407)

NRS 632.240 Systemfor delivery of health care: Nursing services must be supervised by chiefadministrative nurse. The provision of nursingservices in any system for the delivery of health care must be under thedirection and supervision of a chief administrative nurse who is a registerednurse.

[17:256:1947; 1943 NCL 4756.17](NRS A 1973, 526;1989, 2051; 1999,1327; 2001, 542)

PRACTICAL NURSING

NRS 632.270 Qualificationsof applicant for license. Each applicant for alicense to practice as a practical nurse must submit to the Board writtenevidence, under oath, that he:

1. Is of good moral character.

2. Has a high school diploma or its equivalent asdetermined by the State Board of Education.

3. Is at least 18 years of age.

4. Has:

(a) Successfully completed the prescribed course ofstudy in an accredited school of practical nursing or an accredited school ofprofessional nursing, and been awarded a diploma by the school;

(b) Successfullycompleted the prescribed course of study in an approved school of practicalnursing in the process of obtaining accreditation or an approved school ofprofessional nursing in the process of obtaining accreditation, and beenawarded a diploma by the school; or

(c) Been registered or licensed as a registered nurseunder the laws of another jurisdiction.

5. Meets any other qualifications prescribed inregulations of the Board.

[4:154:1949; A 1955, 547] + [Part 5:154:1949; A 1955,547](NRS A 1959, 241; 1961, 182; 1963, 615; 1973, 527; 1979, 435; 1981, 525;1989, 2051; 2003, 337)

NRS 632.280 Issuanceof license; admission without examination. TheBoard shall grant a license to practice as a practical nurse in this State toeach applicant who has the preliminary qualifications set forth in NRS 632.270 and who:

1. Passes the practical nurses examination, whichexamination must be given by the Board not less than once each calendar year;or

2. Holds a license as a practical nurse under the lawsof another jurisdiction after passing an examination required by thatjurisdiction, if it appears to the Board that the requirements and scope of therequired examination were at least equivalent to those prescribed by thischapter for examinations. If the applicant was trained as a nurse in ajurisdiction where English is not the prevalent language, the Board shallrequire that the applicant pass an examination testing his proficiency inreading, writing and speaking English.

[Part 5:154:1949; A 1955, 547](NRS A 1979, 435)

NURSING ASSISTANTS

NRS 632.285 Practicingor offering to practice without certificate unlawful; enforcement.

1. Any person, except a nursing assistant trainee, whopractices or offers to practice as a nursing assistant in this State shallsubmit evidence that he is qualified so to practice and must be certified asprovided in this chapter.

2. It is unlawful for any person:

(a) To practice or to offer to practice as a nursingassistant in this State or to use any title, abbreviation, sign, card or deviceto indicate that he is practicing as a nursing assistant in this State unlesshe has been certified pursuant to the provisions of this chapter.

(b) Except as otherwise provided in NRS 629.091, who does not hold a certificateauthorizing him to practice as a nursing assistant issued pursuant to the provisionsof this chapter to perform or offer to perform basic nursing services in thisState, unless the person is a nursing assistant trainee.

(c) To be employed as a nursing assistant trainee formore than 4 months.

3. The Executive Director of the Board may, on behalfof the Board, issue an order to cease and desist to any person who practices oroffers to practice as a nursing assistant without a certificate issued pursuantto the provisions of this chapter.

4. The Executive Director of the Board shall forwardto the appropriate law enforcement agency any information submitted to theBoard concerning a person who practices or offers to practice as a nursing assistantwithout a certificate issued pursuant to the provisions of this chapter.

(Added to NRS by 1989, 2008; A 1991, 318; 1995, 751;1997, 922; 1999, 1327)

NRS 632.2852 Applicationfor certificate; certification by examination or by endorsement; issuance ofcertificate.

1. An applicant for a certificate to practice as anursing assistant must submit to the Board written evidence under oath that he:

(a) Is of good moral character;

(b) Is in good physical and mental health;

(c) Is at least 16 years of age; and

(d) Meets such other reasonable requirements as theBoard prescribes.

2. An applicant may be certified by examination if he:

(a) Submits a completed written application and the feerequired by this chapter;

(b) Completes a training program approved by the Boardand supplies a certificate of completion from the program;

(c) Passes the certification examination approved bythe Board; and

(d) Has not committed any acts which would be groundsfor disciplinary action if committed by a nursing assistant, unless the Boarddetermines that sufficient restitution has been made or the act was notsubstantially related to nursing.

3. An applicant who is licensed or certified as anursing assistant in another state may be certified by endorsement if he:

(a) Submits a completed written application and the feerequired by this chapter;

(b) Submits proof of successful completion of atraining program approved by the appropriate agency of another state;

(c) Has passed a certification examination approved bythe Board to be equivalent to the examination required in this State; and

(d) Has not committed any acts which would be groundsfor disciplinary action if committed by a nursing assistant, unless the Boarddetermines that sufficient restitution has been made or the act was notsubstantially related to nursing.

4. The Board shall issue a certificate to practice asa nursing assistant to each applicant who meets the requirements of thissection.

(Added to NRS by 1989, 2009; A 1991, 318)

NRS 632.2856 Trainingprograms; regulations.

1. The training program required for certification asa nursing assistant must consist of 75 hours of instruction. The program mustinclude no less than 60 hours of theory and learning skills in a laboratorysetting.

2. Except as otherwise provided in this subsection,the instructor of the program must be a registered nurse with:

(a) Three years of nursing experience which includesdirect care of patients and supervision and education of members of the staff;and

(b) Proof of successful completion of training forinstructors which has been approved by the Board.

The Boardmay approve a licensed practical nurse as an instructor if the Board determinesthat requiring instruction by a registered nurse would create a hardship.

3. Upon completion of the program, a nursing assistanttrainee must pass a test in theory with an overall score of 80 percent and atest of skills on a pass or fail basis. The test of skills must be given by aregistered nurse. If the nursing assistant trainee fails either of the tests,he must repeat the training in the areas in which he was deficient beforetaking the certification examination.

4. In a program which is based in a facility, anursing assistant trainee may only perform those tasks he has successfullycompleted in the training program, and must perform those tasks under thedirect supervision of a registered nurse or a licensed practical nurse.

5. The Board shall adopt regulations not inconsistentwith law:

(a) Specifying the scope of the training program andthe required components of the program;

(b) Establishing standards for the approval of programsand instructors; and

(c) Designating the basic nursing services which anursing assistant may provide upon certification.

6. Any medical facility, educational institution orother organization may provide a training program if the program meets therequirements set forth in this chapter and in the regulations of the Board, andis approved by the Board. Such a program must be administered through:

(a) The Nevada System of Higher Education;

(b) A program for career and technical educationapproved by the State Board for Career and Technical Education;

(c) A public school in this State; or

(d) Any other nationally recognized body or agencyauthorized by law to accredit or approve such programs.

7. An educational institution or agency thatadministers a training program shall:

(a) Develop or approve the curriculum for trainingprovided in its service district;

(b) Manage the training program; and

(c) Work with medical and other facilities to carry outthe requirements of paragraphs (a) and (b).

(Added to NRS by 1989, 2009; A 1991, 319, 885, 886;1993, 418; 2005, 1053)

NRS 632.2858 Examinationof applicants.

1. The Board shall authorize the administration of theexamination of applicants for certification as nursing assistants.

2. The Board may employ, contract with or cooperatewith any person in the preparation, administration and grading of a uniformnational examination, but shall retain sole discretion and responsibility fordetermining the standards of successful completion of the examination.

3. The Board shall determine whether an examinationmay be repeated and the frequency of authorized reexaminations.

4. If an applicant fails the examination three times,he must repeat the training program prescribed in NRS 632.2856.

(Added to NRS by 1989, 2010; A 1991, 320)

NRS 632.286 Listof approved training programs; Board to share information with state agencyconcerning disciplinary action against nursing assistants employed in agencysfacilities.

1. The Board shall supply the Health Division of theDepartment of Health and Human Services upon request with a list of eachtraining program approved by the Board.

2. The Board shall share with each state agency whichregulates medical facilities and facilities for the dependent any informationthe Board receives concerning disciplinary action taken against nursingassistants who work in the facilities.

(Added to NRS by 1989, 2013)

LICENSING AND CERTIFICATION GENERALLY; FEES

NRS 632.300 Temporarylicense or certificate.

1. Upon application and payment of the required fee,the Board may without examination grant a:

(a) Temporary license to practice professional nursingor practical nursing; or

(b) Temporary certificate to practice as a nursingassistant,

to a personwhose corresponding license or certificate from another jurisdiction is in goodstanding.

2. Only one temporary license or certificate may beissued pursuant to this section to any one person during any 12-month period.

[6.5:154:1949; added 1955, 547](NRS A 1963, 616;1973, 527; 1979, 435; 1989, 2051; 1991, 320)

NRS 632.305 Interimpermit.

1. The Board may, after verifying that an applicantmeets the requirements of:

(a) NRS 632.140,issue an interim permit authorizing the applicant to practice professionalnursing until the results of the examination required by NRS 632.150 are received.

(b) NRS 632.270,issue an interim permit authorizing the applicant to practice as a practicalnurse until the results of the examination required by NRS 632.280 are received.

2. If the applicant does not pass the examination, theinterim permit expires upon notification by the Board. The interim permit isnot renewable.

3. The Board may adopt regulations for thereexamination of an applicant who does not pass the examination.

(Added to NRS by 1975, 1124; A 1989, 2052)

NRS 632.307 Nondisciplinarycondition, limitation or restriction placed on license or certificate by Board.

1. The Board may place any condition, limitation orrestriction on any license or certificate issued pursuant to this chapter ifthe Board determines that such action is necessary to protect the publichealth, safety or welfare.

2. The Board shall not report any condition,limitation or restriction placed on a license or certificate issued pursuant tothis section to the National Council of State Boards of Nursing DisciplinaryData Bank or any other repository which records disciplinary action takenagainst licensees or holders of certificates, unless the licensee or holder ofthe certificate fails to comply with the condition, limitation or restrictionplaced on the license or certificate. The Board may, upon request, report anysuch information to an agency of another state which regulates the practice ofnursing.

3. The Board may modify any condition, limitation orrestriction placed on a license or certificate issued pursuant to this sectionif the Board determines it is necessary to protect the public health, safety orwelfare.

4. Any condition, limitation or restriction placed ona license or certificate issued pursuant to this section shall not be deemed tobe disciplinary action taken pursuant to NRS632.325.

(Added to NRS by 1995, 1649)

NRS 632.310 Investigationof actions of licensee or holder of certificate by Board or Executive Director;request by Board for complete name and work assignments of licensee or nursingassistant under investigation by Board.

1. The Board may, upon its own motion, and shall, uponthe verified complaint in writing of any person, if the complaint alone ortogether with evidence, documentary or otherwise, presented in connectiontherewith, is sufficient to require an investigation, investigate the actionsof any licensee or holder of a certificate or any person who assumes to act asa licensee or holder of a certificate within the State of Nevada.

2. The Executive Director may, upon receipt ofinformation from a governmental agency, conduct an investigation to determinewhether the information is sufficient to require an investigation for referralto the Board for its consideration.

3. If a written verified complaint filed with theBoard does not include the complete name of the licensee or nursing assistantagainst whom the complaint is filed, and the Board is unable to identify thelicensee or nursing assistant, the Board shall request that the employer of thelicensee or nursing assistant provide to the Board the complete name of thelicensee or nursing assistant. The employer shall provide the name to the Boardwithin 3 business days after the request is made.

4. The employer of a licensee or nursing assistantshall provide to the Board, upon its request, the record of the workassignments of any licensee or nursing assistant whose actions are underinvestigation by the Board.

[Part 7:154:1949; A 1955, 547](NRS A 1989, 2052;1993, 1219; 1995, 1652; 2001,623)

NRS 632.315 Practicingor offering to practice nursing without license unlawful; enforcement.

1. For the purposes of safeguarding life and healthand maintaining high professional standards among nurses in this State, anyperson who practices or offers to practice nursing in this State shall submitevidence that he is qualified to practice and must be licensed as provided inthis chapter.

2. Any person who:

(a) Practices or offers to practice nursing in thisState or uses any title, abbreviation, sign, card or device to indicate that heis practicing nursing in this State unless that person has been licensedpursuant to the provisions of this chapter; or

(b) Does not hold a valid and subsisting license topractice nursing issued pursuant to the provisions of this chapter whopractices or offers to practice in this State as a registered nurse, licensedpractical nurse, graduate nurse, trained nurse, certified nurse or under anyother title or designation suggesting that he possesses qualifications andskill in the field of nursing,

is guilty ofa misdemeanor.

3. The Executive Director of the Board may, on behalfof the Board, issue an order to cease and desist to any person who practices oroffers to practice nursing without a license issued pursuant to the provisionsof this chapter.

4. The Executive Director of the Board shall forwardto the appropriate law enforcement agency any information submitted to theBoard concerning a person who practices or offers to practice nursing without alicense issued pursuant to the provisions of this chapter.

[Part 1:256:1947; A 1949, 536; 1943 NCL 4756.01] +[9:256:1947; A 1949, 536; 1943 NCL 4756.09](NRS A 1973, 524; 1995, 1650;1997, 923; 1999, 1327)

NRS 632.320 Groundsfor denial, revocation or suspension of license or certificate or otherdisciplinary action. The Board may deny,revoke or suspend any license or certificate applied for or issued pursuant tothis chapter, or take other disciplinary action against a licensee or holder ofa certificate, upon determining that he:

1. Is guilty of fraud or deceit in procuring orattempting to procure a license or certificate pursuant to this chapter.

2. Is guilty of any offense:

(a) Involving moral turpitude; or

(b) Related to the qualifications, functions or dutiesof a licensee or holder of a certificate,

in whichcase the record of conviction is conclusive evidence thereof.

3. Has been convicted of violating any of theprovisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

4. Is unfit or incompetent by reason of grossnegligence or recklessness in carrying out usual nursing functions.

5. Uses any controlled substance, dangerous drug asdefined in chapter 454 of NRS, or intoxicatingliquor to an extent or in a manner which is dangerous or injurious to any otherperson or which impairs his ability to conduct the practice authorized by hislicense or certificate.

6. Is mentally incompetent.

7. Is guilty of unprofessional conduct, whichincludes, but is not limited to, the following:

(a) Conviction of practicing medicine without a licensein violation of chapter 630 of NRS, in whichcase the record of conviction is conclusive evidence thereof.

(b) Impersonating any applicant or acting as proxy foran applicant in any examination required pursuant to this chapter for theissuance of a license or certificate.

(c) Impersonating another licensed practitioner orholder of a certificate.

(d) Permitting or allowing another person to use hislicense or certificate to practice as a licensed practical nurse, registerednurse or nursing assistant.

(e) Repeated malpractice, which may be evidenced byclaims of malpractice settled against him.

(f) Physical, verbal or psychological abuse of apatient.

(g) Conviction for the use or unlawful possession of acontrolled substance or dangerous drug as defined in chapter 454 of NRS.

8. Has willfully or repeatedly violated the provisionsof this chapter. The voluntary surrender of a license or certificate issuedpursuant to this chapter is prima facie evidence that the licensee orcertificate holder has committed or expects to commit a violation of thischapter.

9. Is guilty of aiding or abetting any person in aviolation of this chapter.

10. Has falsified an entry on a patients medicalchart concerning a controlled substance.

11. Has falsified information which was given to aphysician, pharmacist, podiatric physician or dentist to obtain a controlledsubstance.

12. Has been disciplined in another state inconnection with a license to practice nursing or a certificate to practice as anursing assistant or has committed an act in another state which wouldconstitute a violation of this chapter.

13. Has engaged in conduct likely to deceive, defraudor endanger a patient or the general public.

14. Has willfully failed to comply with a regulation,subpoena or order of the Board.

For thepurposes of this section, a plea or verdict of guilty or a plea of nolo contendereconstitutes a conviction of an offense. The Board may take disciplinary actionpending the appeal of a conviction.

[Part 7:154:1949; A 1955, 547](NRS A 1963, 616;1971, 2034; 1973, 527; 1981, 592; 1983, 831; 1987, 1557; 1989, 2052; 1993, 785;1995, 1652; 1997, 536; 1999,405; 2003, 1498,2708)

NRS 632.322 Suspensionof license or certificate for failure to pay child support or comply withcertain subpoenas or warrants; reinstatement of license or certificate.[Expires by limitation 2 years after the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings.]

1. If the Board receives a copy of a court orderissued pursuant to NRS 425.540 thatprovides for the suspension of all professional, occupational and recreationallicenses, certificates and permits issued to a person who is the holder of alicense or certificate issued pursuant to this chapter, the Board shall deemthe license or certificate issued to that person to be suspended at the end ofthe 30th day after the date on which the court order was issued unless theBoard receives a letter issued to the holder of the license or certificate bythe district attorney or other public agency pursuant to NRS 425.550 stating that the holder of thelicense or certificate has complied with the subpoena or warrant or hassatisfied the arrearage pursuant to NRS425.560.

2. The Board shall reinstate a license or certificate issuedpursuant to this chapter that has been suspended by a district court pursuantto NRS 425.540 if:

(a) The Board receives a letter issued by the districtattorney or other public agency pursuant to NRS425.550 to the person whose license or certificate was suspended statingthat the person whose license or certificate was suspended has complied withthe subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560; and

(b) The person whose license or certificate wassuspended pays the fee established by the Board pursuant to NRS 632.341.

(Added to NRS by 1997, 2125; A 2005, 2807)

NRS 632.325 Authorizeddisciplinary action; private reprimands prohibited; orders imposing disciplinedeemed public records.

1. If the Board determines that a licensee or holderof a certificate has committed any of the acts set forth in NRS 632.320, it may take any one or more ofthe following disciplinary actions:

(a) Place conditions, limitations or restrictions onhis license or certificate.

(b) Impose and collect an administrative fine of notmore than $5,000.

(c) Publicly reprimand the licensee or holder of acertificate.

(d) Accept the voluntary surrender of a license orcertificate in lieu of imposing any other disciplinary action set forth in thissubsection.

2. If the Board determines that:

(a) A person whose license or certificate is suspendedor voluntarily surrendered, or has been placed on an inactive list pursuant to NRS 632.341, has committed, during theperiod his license or certificate was valid, inactive or would have been validif not for the suspension or surrender; or

(b) An applicant for the renewal or reinstatement of alicense or certificate has committed, at any time after the most recent renewalof his license or certificate or the issuance of his original license orcertificate if it has not been renewed,

any of theacts set forth in NRS 632.320, the Boardmay take any one or more of the disciplinary actions set forth in subsection 1.

3. The Boardshall not privately reprimand a licensee or holder of a certificate.

4. An order that imposes discipline and the findingsof fact and conclusions of law supporting that order are public records.

(Added to NRS by 1989, 2050; A 1993, 886; 1995, 1653;2003, 3439)

NRS 632.330 Regulationsconcerning reissuance of license or certificate after revocation. The Board may adopt regulations which prescribe the periodduring which a licensee or holder of a certificate may not apply for thereissuance of his license or certificate after that license or certificate isrevoked.

[Part 7:154:1949; A 1955, 547](NRS A 1963, 616;1989, 2053; 1995, 1654)

NRS 632.340 Exemptionsfrom required licensing or certification. Theprovisions of NRS 632.315 do notprohibit:

1. Gratuitous nursing by friends or by members of thefamily of a patient.

2. The incidental care of the sick by domesticservants or persons primarily employed as housekeepers as long as they do notpractice nursing within the meaning of this chapter.

3. Nursing assistance in the case of an emergency.

4. The practice of nursing by students enrolled inaccredited schools of nursing or by graduates of those schools or coursespending the results of the first licensing examination scheduled by the Boardfollowing graduation. A student or graduate may not work as a nursing assistantunless he is certified to practice as a nursing assistant pursuant to theprovisions of this chapter.

5. The practice of nursing in this State by any legallyqualified nurse or nursing assistant of another state whose engagement requireshim to accompany and care for a patient temporarily residing in this Stateduring the period of one such engagement, not to exceed 6 months, if the persondoes not represent or hold himself out as a nurse licensed to practice in thisState or as a nursing assistant who holds a certificate to practice in thisState.

6. The practice of any legally qualified nurse ofanother state who is employed by the United States Government, or any bureau,division or agency thereof, while in the discharge of his official duties inthis State.

7. Nonmedical nursing for the care of the sick, withor without compensation, if done by the adherents of, or in connection with,the practice of the religious tenets of any well-recognized church or religiousdenomination, if that nursing does not amount to the practice of practical orprofessional nursing as defined in NRS632.017 and 632.018, respectively.

8. A personal assistant from performing services for aperson with a disability pursuant to NRS629.091.

9. A natural person from providing supported livingarrangement services if:

(a) That person has been issued a certificate pursuantto NRS 435.3305 to 435.339, inclusive, and the regulationsadopted pursuant to NRS 435.3305 to 435.339, inclusive; or

(b) That person is employed or retained as anindependent contractor by a partnership, firm, corporation or association,state or local government or agency thereof that has been issued a certificatepursuant to NRS 435.3305 to 435.339, inclusive, and the regulationsadopted pursuant to NRS 435.3305 to 435.339, inclusive.

As used inthis subsection, supported living arrangement services has the meaningascribed to it in NRS 435.3315.

[8:154:1949; A 1955, 547](NRS A 1963, 617; 1973,528; 1975, 1125; 1989, 2053; 1991, 320; 1995, 751, 1654; 2005, 70, 1380)

NRS 632.341 Renewaland reinstatement of licenses; transfer to inactive list.

1. Every nurse licensed under the provisions of thischapter must renew his license biennially on a date or according to a scheduleof dates prescribed by regulation of the Board. If the date or schedule ischanged, the Board may prorate the required fee.

2. A licensee who fails to renew his license may havehis license reinstated by completing an application for renewal, submittingpayment of the reinstatement fee in addition to the renewal fee and submittingall information required to complete the reinstatement.

3. Upon written request to the Board, a licensee ingood standing may cause his name and license to be transferred to an inactivelist, and the licensee may not practice nursing during the time the license isinactive and no renewal fee accrues. If an inactive licensee desires to resumethe practice of nursing, the Board, except as otherwise provided in subsection4, shall renew the license upon demonstration, if deemed necessary by theBoard, that the licensee is then qualified and competent to practice, and uponcompletion of an application and payment of the current fee for biennialrenewal of the license.

4. The Board may:

(a) Issue a temporary license to an applicant for therenewal or reinstatement of his license pending final action by the Board uponthe application.

(b) After a hearing, refuse to renew or reinstate thelicense of any person who, at any time since the most recent renewal of hislicense or the issuance of his original license if it has not been renewed, hasbeen out of compliance with the requirements of this chapter.

(Added to NRS by 1973, 521; A 1979, 719; 1983, 257,296; 1989, 2054; 1997, 2125; 2005, 2722, 2807)

NRS 632.342 Renewalof certificate.

1. The certificate of a nursing assistant must berenewed biennially on the date of the certificate holders birthday.

2. The Board shall renew a certificate if theapplicant:

(a) Submits a completed written application and the feerequired by this chapter;

(b) Submits documentation of completion of continuingtraining, as required by the Board, in the previous 24 months;

(c) Has not committed any acts which are grounds fordisciplinary action, unless the Board determines that sufficient restitutionhas been made or the act was not substantially related to nursing;

(d) Submits documentation of employment as a nursingassistant during the 2 years immediately preceding the date of the renewal; and

(e) Submits all information required to complete therenewal.

The trainingprogram completed pursuant to paragraph (b) must be approved by the Board.

3. Failure to renew the certificate results inforfeiture of the right to practice unless the nursing assistant qualifies forthe issuance of a new certificate.

4. Renewal of a certificate becomes effective on thedate on which:

(a) The application is filed;

(b) The renewal fee is paid; or

(c) All information required to complete the renewal issubmitted,

whicheveroccurs latest.

(Added to NRS by 1989, 2011; A 1997, 923, 2126; 2005, 2723, 2807)

NRS 632.3425 Renewalof suspended license or certificate. A suspendedlicense or certificate is subject to expiration and must be renewed as providedin NRS 632.341 or 632.342. Renewal does not entitle thelicensee or nursing assistant to engage in activity which requires licensure orcertification until the completion of the suspension.

(Added to NRS by 1989, 2011; A 1995, 1655; 1997, 536;1999, 405)

NRS 632.343 Continuingeducation: Prerequisite to renewal of license; exemption; review of courses byBoard; required and recommended courses.

1. The Board shall not renew any license issued underthis chapter until the licensee has submitted proof satisfactory to the Boardof completion, during the 2-year period before renewal of the license, of 30hours in a program of continuing education approved by the Board. The licenseeis exempt from this provision for the first biennial period after graduationfrom:

(a) An accredited school of professional nursing;

(b) An accredited school of practical nursing;

(c) An approvedschool of professional nursing in the process of obtaining accreditation; or

(d) An approved school of practical nursing in theprocess of obtaining accreditation.

2. The Board shall review all courses offered tonurses for the completion of the requirement set forth in subsection 1. TheBoard may approve nursing and other courses which are directly related to thepractice of nursing as well as others which bear a reasonable relationship tocurrent developments in the field of nursing or any special area of practice inwhich a licensee engages. These may include academic studies, workshops, extensionstudies, home study and other courses.

3. The programof continuing education required by subsection 1 must include a course ofinstruction, to be completed within 2 years after initial licensure, relatingto the medical consequences of an act of terrorism that involves the use of aweapon of mass destruction. The course must provide at least 4 hours ofinstruction that includes instruction in the following subjects:

(a) An overviewof acts of terrorism and weapons of mass destruction;

(b) Personalprotective equipment required for acts of terrorism;

(c) Commonsymptoms and methods of treatment associated with exposure to, or injuriescaused by, chemical, biological, radioactive and nuclear agents;

(d) Syndromicsurveillance and reporting procedures for acts of terrorism that involvebiological agents; and

(e) An overviewof the information available on, and the use of, the Health Alert Network.

The Board may thereafter determinewhether to include in a program of continuing education additional courses ofinstruction relating to the medical consequences of an act of terrorism thatinvolves the use of a weapon of mass destruction.

4. The Boardshall encourage each licensee who treats or cares for persons who are more than60 years of age to receive, as a portion of their continuing education,education in geriatrics and gerontology, including such topics as:

(a) The skillsand knowledge that the licensee needs to address aging issues;

(b) Approachesto providing health care to older persons, including both didactic and clinicalapproaches;

(c) Thebiological, behavioral, social and emotional aspects of the aging process; and

(d) The importance of maintenance of function andindependence for older persons.

5. As used inthis section:

(a) Act ofterrorism has the meaning ascribed to it in NRS202.4415.

(b) Biologicalagent has the meaning ascribed to it in NRS202.442.

(c) Chemicalagent has the meaning ascribed to it in NRS202.4425.

(d) Radioactiveagent has the meaning ascribed to it in NRS202.4437.

(e) Weapon of mass destruction has the meaningascribed to it in NRS 202.4445.

(Added to NRS by 1979, 719; A 1981, 25; 2003, 337, 648, 2956)

NRS 632.344 Applicantfor license or certificate to submit set of fingerprints to Board. An applicant for a license or certificate shall submit tothe Board a complete set of his fingerprints and written permission authorizingthe Board to forward those fingerprints to the Central Repository for NevadaRecords of Criminal History for submission to the Federal Bureau ofInvestigation for its report.

(Added to NRS by 1995, 1649)

NRS 632.3443 Applicationfor license or certificate to include social security number of applicant. Repealed. (See chapter 501, Statutes of Nevada 2005,at page 2818.)

NRS 632.3446 Paymentof child support: Submission of certain information by applicant; grounds for denialof license or certificate; duty of Board. [Effective until the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

1. In addition to any other requirements set forth inthis chapter:

(a) An applicant for the issuance of a license orcertificate pursuant to this chapter shall include the social security numberof the applicant in the application submitted to the Board.

(b) An applicant for the issuance or renewal of alicense or certificate pursuant to this chapter shall submit to the Board thestatement prescribed by the Division of Welfare and Supportive Services of theDepartment of Health and Human Services pursuant to NRS 425.520. The statement must becompleted and signed by the applicant.

2. The Board shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the license or certificate; or

(b) A separate form prescribed by the Board.

3. A license or certificate may not be issued orrenewed by the Board pursuant to this chapter if the applicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant to subsection1 that he is subject to a court order for the support of a child and is not incompliance with the order or a plan approved by the district attorney or otherpublic agency enforcing the order for the repayment of the amount owed pursuantto the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Board shall advise theapplicant to contact the district attorney or other public agency enforcing theorder to determine the actions that the applicant may take to satisfy thearrearage.

(Added to NRS by 1997, 2124; A 2005, 2723, 2807)

NRS 632.3446 Payment of child support: Submissionof certain information by applicant; grounds for denial of license orcertificate; duty of Board. [Effective on the date of the repeal of the federallaw requiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings and expires by limitation 2 years afterthat date.]

1. In addition to any other requirements set forth inthis chapter, an applicant for the issuance or renewal of a license orcertificate pursuant to this chapter shall submit to the Board the statementprescribed by the Division of Welfare and Supportive Services of the Departmentof Health and Human Services pursuant to NRS425.520. The statement must be completed and signed by the applicant.

2. The Board shall include the statement required pursuantto subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the license or certificate; or

(b) A separate form prescribed by the Board.

3. A license or certificate may not be issued orrenewed by the Board pursuant to this chapter if the applicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Board shall advise theapplicant to contact the district attorney or other public agency enforcing theorder to determine the actions that the applicant may take to satisfy thearrearage.

(Added to NRS by 1997, 2124; A 2005, 2723, 2724, 2807, effective onthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings)

NRS 632.345 Fees.

1. The Board shall establish and may amend a scheduleof fees and charges for the following items and within the following ranges:

 

Notless Not more

than than

Application forlicense to practice professional nursing (registered nurse) $45 $100

Application forlicense to practice practical nursing.................. 30 90

Application fortemporary license to practice professional nursing or practical nursingpursuant to NRS 632.300, which fee mustbe credited toward the fee required for a regular license, if the applicantapplies for a license................................................................................. 15 50

Application for acertificate to practice as a nursing assistant. 15 50

Application for atemporary certificate to practice as a nursing assistant pursuant to NRS 632.300, which fee must be creditedtoward the fee required for a regular certificate, if the applicant applies fora certificate........................................................................................................ 5 40

Biennial fee forrenewal of a license............................................... 40 100

Biennial fee forrenewal of a certificate.......................................... 20 50

Fee forreinstatement of a license................................................... 10 100

Application forrecognition as an advanced practitioner of nursing 50 200

Application for recognitionas a certified registered nurse anesthetist 50 200

Biennial fee forrenewal of recognition as an advanced practitioner of nursing or certified registerednurse anesthetist................................................................................... 50 200

Examination feefor license to practice professional nursing..... 20 100

Examination feefor license to practice practical nursing............ 10 90

Rewritingexamination for license to practice professional nursing 20 100

Rewritingexamination for license to practice practical nursing 10 90

Duplicate license................................................................................. 5 30

Duplicatecertificate............................................................................ 5 30

Proctoringexamination for candidate from another state........... 25 150

Fee for approvingone course of continuing education............. 10 50

Fee for reviewingone course of continuing education which has been changed since approval 5........................................................................................................ 30

Annual fee forapproval of all courses of continuing education offered 100 500

Annual fee forreview of training program.................................... 60 100

Certificationexamination................................................................. 10 90

Approval ofinstructors of training programs.............................. 50 100

Approval ofproctors for certification examinations................... 20 50

Approval oftraining programs..................................................... 150 250

Validation oflicensure or certification............................................. 5 25

 

2. The Board may collect the fees and chargesestablished pursuant to this section, and those fees or charges must not berefunded.

(Added to NRS by 1973, 521; A 1979, 189; 1981, 26;1983, 512; 1989, 2015, 2054; 1991, 321; 1999, 1328)

DISCIPLINARY ACTION

NRS 632.350 Filingof administrative complaint and service of notice required; right to obtaincertain documents in possession of Board; hearing.

1. Before suspending or revoking any license orcertificate or taking other disciplinary action against a licensee or holder ofa certificate, the Board shall cause an administrative complaint to be filedagainst the licensee or holder of the certificate. The Board shall notify thelicensee or holder of the certificate in writing of the charges against him,accompanying the notice with a copy of the administrative complaint.

2. Written notice may be served by delivery of itpersonally to the licensee or holder of the certificate, or by mailing it byregistered or certified mail to his last known residential address.

3. If the licensee or holder of the certificate, afterreceiving a copy of the administrative complaint pursuant to subsection 1,submits a written request, the Board shall furnish the licensee or holder ofthe certificate with copies of any communications, reports and affidavits inpossession of the Board, touching upon or relating to the matter in question.

4. As soon as practicable after the filing of theadministrative complaint, the Board, or a majority thereof, shall hold ahearing on the charges at such time and place as the Board prescribes. If theBoard receives a report pursuant to subsection 5 of NRS 228.420, the hearing must be heldwithin 30 days after receiving the report. The hearing must be held, if thelicensee or holder of the certificate desires, within the county where heresides.

[Part 16:256:1947; A 1955, 608] + [Part 7:154:1949; A1955, 547](NRS A 1963, 617; 1969, 95; 1977, 89; 1981, 100; 1989, 2016, 2055;1991, 322; 1993, 786; 1999,1329)

NRS 632.355 Delegationof authority to conduct hearing concerning discipline of licensee or holder ofcertificate. The Board may delegate itsauthority to conduct hearings pursuant to NRS632.350 concerning the discipline of a licensee or holder of a certificateto a hearing officer. The hearing officer has the powers of the Board inconnection with the hearings, and shall report to the Board with findings offact and conclusions of law within 30 days after the final hearing on thematter. The Board may take action based upon the report of the hearing officer,refer the matter to the hearing officer for further hearings or conduct its ownhearings on the matter.

(Added to NRS by 1989, 2013; A 1995, 1655)

NRS 632.360 Issuanceof subpoenas; service of process.

1. The Board or any person designated by the Board maycertify to all official acts and issue subpoenas for attendance of witnessesand the production of books and papers relating to any investigation or hearingconducted by the Board.

2. In any investigation or hearing in any part of theState the process issued by the Board extends to all parts of the State and maybe served by any person authorized to serve process of courts of record or bycertified mail to the last known address of the witness.

3. The person serving the process is entitled toreceive the compensation allowed by the Board, which must not exceed the feesprescribed by law for similar services.

[Part 16:256:1947; A 1955, 608] + [Part 7:154:1949; A1955, 547](NRS A 1981, 100; 1995, 1655)

NRS 632.380 Depositionsof witnesses.

1. The Board may, in any hearing before it, cause thedepositions of witnesses residing within or without the State to be taken inthe manner prescribed by law and the Nevada Rules of Civil Procedure for likedepositions in civil actions in the district courts of this State, and to thatend may compel the attendance of witnesses and the production of books andpapers.

2. The district court in and for the county in whichany hearing may be held by the Board shall, upon the application of the Board,issue commissions to other states for the taking of evidence therein for use inany proceedings before the Board.

[Part 16:256:1947; A 1955, 608] + [Part 7:154:1949; A1955, 547]

NRS 632.390 Powerof district court to compel attendance of witness and production of books andpapers.

1. The district court in and for the county in whichany hearing may be held by the Board shall have the power to compel theattendance of witnesses, the giving of testimony and the production of booksand papers as required by any subpoena issued by the Board.

2. In case of the refusal of any witness to attend ortestify or produce any books and papers required by a subpoena, the Board mayreport to the district court in and for the county in which the hearing ispending, by petition setting forth:

(a) That due notice has been given of the time andplace of attendance of the witness or the production of books or papers;

(b) That the witness has been subpoenaed in the mannerprescribed by this chapter; and

(c) That the witness has failed and refused to attendor produce the books or papers required by subpoena before the Board in thecause or proceeding named in the subpoena, or has refused to answer questionspropounded to him in the course of the hearing,

and ask anorder of the court compelling the witness to attend and testify or produce thebooks or papers before the Board.

3. The court, upon petition of the Board, shall enteran order directing the witness to appear before the court at a time and placeto be fixed by the court in the order, the time to be not more than 10 daysfrom the date of the order, and then and there show cause why he has notattended or testified or produced the books or papers before the Board. Acertified copy of the order shall be served upon the witness.

4. If it shall appear to the court that the subpoenawas regularly issued by the Board, the court shall thereupon enter an orderthat the witness appear before the Board at the time and place fixed in theorder, and testify or produce the required books or papers. Upon failure toobey the order the witness shall be dealt with as for contempt of court.

[Part 16:256:1947; A 1955, 608] + [Part 7:154:1949; A1955, 547]

NRS 632.400 Timefor rendering decision; notice of decision required; effective date ofdecision.

1. The Board shall render a decision on anyadministrative complaint within 60 days after the final hearing thereon. Forthe purposes of this subsection, the final hearing on a matter delegated to ahearing officer pursuant to NRS 632.355is the final hearing conducted by the hearing officer unless the Board conductsa hearing with regard to the administrative complaint.

2. The Board shall notify the person of its decisionin writing by certified mail, return receipt requested. The decision of theBoard becomes effective on the date the person receives the notice or on thedate the Board receives a notice from the United States Postal Service statingthat the person refused to accept delivery or could not be located.

[Part 16:256:1947; A 1955, 608] + [Part 7:154:1949; A1955, 547](NRS A 1969, 95; 1989, 2016; 1995, 1655; 1997, 536; 1999, 405, 1330)

NRS 632.405 Certainrecords relating to investigation deemed confidential; certain records relatingto disciplinary action deemed public records; communication and cooperationwith other agencies.

1. Except as otherwise provided in this section, anyrecords or information obtained during the course of an investigation by theBoard and any record of the investigation are confidential.

2. Thecomplaint or other document filed by the Board to initiate disciplinary actionand all documents and information considered by the Board when determiningwhether to impose disciplinary action are public records.

3. This section does not prevent or prohibit the Boardfrom communicating or cooperating with another licensing Board or any agencythat is investigating a licensee, including a law enforcement agency.

(Added to NRS by 1993, 1218; A 2003, 3440)

NURSING SCHOOLS

NRS 632.430 Schoolsof practical nursing: Standards and curricula; approval by Board; removal fromapproved list for just cause.

1. The Board may prescribe standards and curricula forschools of practical nursing, visit, survey and approve those schools, andremove those schools from a list of approved schools of nursing for just cause.

2. A school ofpractical nursing in this State must be:

(a) Anaccredited school of practical nursing; or

(b) An approved school of practical nursing in theprocess of obtaining accreditation.

[Part 3:154:1949; 1943 NCL 4759.03](NRS A 1959,189; 1999, 1330; 2003, 338)

NRS 632.440 Schoolsof professional nursing: Standards and curricula; approval by Board.

1. The Board shall prescribe curricula and standardsfor schools and courses of professional nursing. The Board shall provide forsurveys of such schools and courses at such times as it may deem necessary. Itshall approve such schools and courses as meet the requirements of this chapterand of the Board. It shall evaluate and approve courses for affiliation withapproved schools of nursing in this State or with schools of nursing which haveapplied for such approval.

2. A school ofprofessional nursing in this State must be:

(a) Anaccredited school of professional nursing; or

(b) An approved school of professional nursing in theprocess of obtaining accreditation.

[Part 1:256:1947; A 1949, 536; 1943 NCL 4756.01] +[Part 3:256:1947; 1943 NCL 4756.03] + [Part 5:256:1947; A 1955, 608](NRS A 1999, 1330; 2003, 338)

NRS 632.450 Schoolsof professional nursing: Minimum length of course of instruction. Any institution desiring to conduct a school ofprofessional nursing in this State shall submit evidence to the Board that itis prepared to give a course of instruction of not less than 2 years.

[Part 15:256:1947; 1943 NCL 4756.15](NRS A 1963,618; 1973, 528)

NRS 632.460 Schoolsof professional nursing: Survey and written report required before approval.

1. The Board shall not approve a school ofprofessional nursing until the Board has caused a thorough survey of thefacilities of the school to be made. No such survey shall be deemed completefor the purposes of this section until a written report of the survey is madeto the Board and the report has received the full consideration of the wholeBoard.

2. If any school of professional nursing makingapplication for approval indicates that any course required by the prescribedcurriculum is to be offered by an institution affiliated with the school, theBoard shall cause a survey of the facilities of the affiliated institution tobe made, and the written report concerning that institution must receive thefull consideration of the Board before the Board approves the school ofprofessional nursing.

[Part 15:256:1947; 1943 NCL 4756.15](NRS A 1999, 1330)

NRS 632.470 Schoolsof professional nursing: Periodic survey of approved schools; acceptance ofsurvey from nationally recognized association; reports and recommendations;notice of deficiencies; effect of failure to remedy deficiencies.

1. Except as otherwise provided in this subsection,the Board shall periodically cause to be surveyed all approved schools ofprofessional nursing in this State. Written reports of those surveys must besubmitted to and considered by the full Board. In lieu of causing the approvedschools of professional nursing to be surveyed, the Board may accept a surveyand recommendation completed by a nationally recognized association thataccredits schools of professional nursing, if the association has been approvedby the Board.

2. If, after consideration of the reports, the Boarddetermines that a school of professional nursing is not maintaining thestandards required by this chapter and by the Board, notice thereof in writingspecifying the deficiencies must forthwith be given to the school.

3. The Board shall revoke the approval of a school ofprofessional nursing which fails to remedy such deficiencies within a reasonabletime after receiving written notice thereof.

[Part 15:256:1947; 1943 NCL 4756.15](NRS A 1973,529; 1999, 1331)

MISCELLANEOUS PROVISIONS

NRS 632.472 Personsrequired to report on conduct of licensees or holders of certificates;voluntary reports; immunity from civil liability.

1. The following persons shall report in writing tothe Executive Director of the Board any conduct of a licensee or holder of acertificate which constitutes a violation of the provisions of this chapter:

(a) Any physician, dentist, dental hygienist,chiropractor, optometrist, podiatric physician, medical examiner, resident,intern, professional or practical nurse, nursing assistant, physicianassistant, psychiatrist, psychologist, marriage and family therapist, alcoholor drug abuse counselor, driver of an ambulance, advanced emergency medicaltechnician or other person providing medical services licensed or certified topractice in this State.

(b) Any personnel of a medical facility or facility forthe dependent engaged in the admission, examination, care or treatment ofpersons or an administrator, manager or other person in charge of a medicalfacility or facility for the dependent upon notification by a member of thestaff of the facility.

(c) A coroner.

(d) Any person who maintains or is employed by anagency to provide personal care services in the home.

(e) Any person who maintains or is employed by anagency to provide nursing in the home.

(f) Any employee of the Department of Health and HumanServices.

(g) Any employee of a law enforcement agency or acountys office for protective services or an adult or juvenile probationofficer.

(h) Any person who maintains or is employed by afacility or establishment that provides care for older persons.

(i) Any person who maintains, is employed by or servesas a volunteer for an agency or service which advises persons regarding theabuse, neglect or exploitation of an older person and refers them to personsand agencies where their requests and needs can be met.

(j) Any social worker.

2. Every physician who, as a member of the staff of amedical facility or facility for the dependent, has reason to believe that anursing assistant has engaged in conduct which constitutes grounds for thedenial, suspension or revocation of a certificate shall notify thesuperintendent, manager or other person in charge of the facility. Thesuperintendent, manager or other person in charge shall make a report asrequired in subsection 1.

3. A report may be filed by any other person.

4. Any person who in good faith reports any violationof the provisions of this chapter to the Executive Director of the Boardpursuant to this section is immune from civil liability for reporting theviolation.

5. As used in this section, agency to provide personalcare services in the home has the meaning ascribed to it in NRS 449.0021.

(Added to NRS by 1989, 2012; A 1991, 137; 1993, 2218;1995, 1651; 2001, 773;2005, 2175)

NRS 632.473 Treatmentof patients by nurse employed by Department of Corrections.

1. A nurse licensed pursuant to the provisions of thischapter, while working at an institution of the Department of Corrections, maytreat patients, including the administration of a dangerous drug, poison orrelated device, pursuant to orders given by a physician assistant if thoseorders are given pursuant to a protocol approved by the Board of MedicalExaminers and the supervising physician. The orders must be cosigned by thesupervising physician or another physician within 72 hours after treatment.

2. A copy of the protocol under which orders are givenby a physician assistant must be available at the institution for review by thenurse.

3. This section does not authorize a physicianassistant to give orders for the administration of any controlled substance.

4. For the purposes of this section:

(a) Physician assistant means a physician assistantlicensed by the Board of Medical Examiners pursuant to chapter 630 of NRS who:

(1) Is employed at an institution of theDepartment of Corrections;

(2) Has been awarded a bachelors degree from acollege or university recognized by the Board of Medical Examiners; and

(3) Has received at least 40 hours ofinstruction regarding the prescription of medication as a part of either hisbasic educational qualifications or a program of continuing education approvedby the Board of Medical Examiners.

(b) Protocol means the written directions for theassessment and management of specified medical conditions, including the drugsand devices the physician assistant is authorized to order, which the physicianassistant and the supervision have agreed upon as a basis for their practice.

(c) Supervising physician has the meaning ascribed toit in NRS 630.025.

(Added to NRS by 1987, 1584; A 1989, 915; 1997, 686; 2001, 774; 2001 Special Session,247)

NRS 632.474 Pronouncementof death by registered nurse. A registerednurse who is authorized by a physician pursuant to NRS 440.415 may make a pronouncement ofdeath.

(Added to NRS by 1993, 1158)

NRS 632.475 Unlawfulto require participation in abortion.

1. An employer shall not require a registered nurse, alicensed practical nurse, a nursing assistant or any other person employed tofurnish direct personal health service to a patient to participate directly inthe induction or performance of an abortion if the employee has filed a writtenstatement with the employer indicating a moral, ethical or religious basis forrefusal to participate in the abortion.

2. If the statement provided for in subsection 1 isfiled with the employer, the employer shall not penalize or discipline theemployee for declining to participate directly in the induction or performanceof an abortion.

3. The provisions of subsections 1 and 2 do not applyto medical emergency situations.

4. Any person violating the provisions of this sectionis guilty of a misdemeanor.

(Added to NRS by 1973, 898, 1639; A 1989, 2017)

NRS 632.476 Employerof licensee or nursing assistant required to prepare and maintain record ofwork assignments. Each employer of a licenseeor nursing assistant shall prepare and maintain, for at least 5 years, a recordof the work assignments of each licensee or nursing assistant.

(Added to NRS by 2001, 623)

NRS 632.477 Identificationincluding surname of licensee prohibited. TheBoard, or a medical facility or any other person who employs a licensee, shallnot require a licensee while on duty, to wear a badge or other form ofidentification that includes the surname of the licensee.

(Added to NRS by 2001, 623)

NRS 632.480 Injunctionsagainst violations of chapter. Whenever theBoard believes from evidence satisfactory to it that any person has violated oris about to violate any of the provisions of this chapter, or any order,license, certificate, permit, decision, demand or requirement, or any part orprovision thereof, it may bring an action, in the name of the Board, in thedistrict court in and for the county in which the person resides, against theperson to enjoin him from continuing the violation or engaging therein or doingany act or acts in furtherance thereof. In the action an order or judgment maybe entered awarding such preliminary or final injunction as may be proper, butno preliminary injunction or temporary restraining order may be granted withoutat least 5 days notice to the opposite party.

[Part 16:256:1947; A 1955, 608] + [Part 7:154:1949; A1955, 547](NRS A 1989, 2017)

NRS 632.490 Prosecutionof violators.

1. The Board shall cause the prosecution of allpersons violating the provisions of this chapter.

2. The Board, or any person designated by the Board,may prefer a complaint for violation of NRS632.285 or 632.315 before any courtof competent jurisdiction, and it may take the necessary legal steps throughthe proper legal officers of this State to enforce the provisions thereof.

[Part 16:256:1947; A 1955, 608] + [Part 3:154:1949;1943 NCL 4759.03] + [Part 7:154:1949; A 1955, 547](NRS A 1995, 1656; 1997,924)

NRS 632.495 Citations.

1. In addition to any other penalty:

(a) The Board may issue a citation to a person whoviolates the provisions of NRS 632.285or 632.315. A citation issued pursuantto this paragraph must be in writing and describe with particularity the natureof the violation. The citation also must inform the person of the provisions ofsubsection 2. A separate citation must be issued for each violation. Ifappropriate, the citation must contain an order of abatement of the violation.

(b) The Board shall assess an administrative fine of:

(1) For the first violation, $500.

(2) For the second violation, $1,000.

(3) For the third or subsequent violation,$1,500.

2. To appeal the finding of a violation of NRS 632.285 or 632.315, the person must request a hearingby written notice of appeal to the Board within 30 days after the date ofissuance of the citation.

(Added to NRS by 1995, 1648; A 1997, 924)

NRS 632.500 Penalties.

1. Unless a greater penalty is provided by a specificstatute, any person violating any of the provisions of this chapter is guiltyof a misdemeanor.

2. A court of competent jurisdiction has full power totry any violations of this chapter, and upon conviction may, at its discretion,revoke the license or certificate of the person so convicted, in addition toimposing the other penalties provided in this chapter.

[Part 16:256:1947; A 1955, 608] + [19:256:1947; 1943NCL 4756.19] + [Part 7:154:1949; A 1955, 547] + [9:154:1949; 1943 NCL 4759.09](NRS A 1967, 641; 1989, 2017; 1995, 1656)

 

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