2005 Nevada Revised Statutes - Chapter 637A — Hearing Aid Specialists

CHAPTER 637A - HEARING AID SPECIALISTS

GENERAL PROVISIONS

NRS 637A.010 Shorttitle.

NRS 637A.020 Definitions.

NRS 637A.021 Boarddefined.

NRS 637A.0213 Chairmandefined.

NRS 637A.0217 Hearingaid defined.

NRS 637A.022 Hearingaid specialist defined.

NRS 637A.0221 Incompetencedefined.

NRS 637A.0223 Licensedefined.

NRS 637A.0227 Manufacturerdefined.

NRS 637A.023 Memberdefined.

NRS 637A.0233 Negligencedefined.

NRS 637A.0235 Practiceof fitting and dispensing hearing aids defined.

NRS 637A.024 Secretarydefined.

NRS 637A.025 Applicability.

BOARD OF HEARING AID SPECIALISTS

NRS 637A.030 Creation;number and appointment of members.

NRS 637A.035 Qualificationsof members; terms; members serve at pleasure of Governor.

NRS 637A.040 Chairmanand Secretary; meetings; quorum.

NRS 637A.060 Officers;rules and regulations.

NRS 637A.080 Depositand use of money received by Board; delegation of authority to takedisciplinary action; deposit of fines imposed by Board; claims for attorneysfees and costs of investigation.

NRS 637A.090 Compensationof members and employees.

NRS 637A.100 Duties.

NRS 637A.110 Powers.

NRS 637A.120 Seal.

EXAMINATIONS AND LICENSES; PRACTICE

NRS 637A.130 Applicationfor examination; fee.

NRS 637A.140 Contentsof application.

NRS 637A.150 Actionsby Board on applications.

NRS 637A.160 Requirementsfor licensing.

NRS 637A.163 Paymentof child support: Submission of certain information by applicant; grounds fordenial of examination or license; 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 637A.163 Paymentof child support: Submission of certain information by applicant; grounds fordenial of examination or license; duty of Board. [Effective on the date of therepeal of the federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings and expires bylimitation 2 years after that date.]

NRS 637A.170 Examinationwaived for certain specialists applying before October 1, 1973.

NRS 637A.190 Displayof license.

NRS 637A.200 Expirationand renewal of licenses.

NRS 637A.205 Transferof license to inactive list.

NRS 637A.210 Fees.

NRS 637A.220 Apprentices:Employment; application for licensure.

NRS 637A.225 Apprentices:Regulations concerning approval of Board for hearing aid specialist tosupervise; procedure for appeal.

NRS 637A.230 Apprentices:Supervision and responsibility for work; selection of hearing aid; signing ofaudiogram or sales document.

NRS 637A.235 Apprentices:Identification; title.

NRS 637A.240 Limitationon period of apprenticeship.

NRS 637A.243 Sale of hearing aids by catalog or mail: Conditions; records; regulations.

NRS 637A.245 Audiogramsfor use of physician or member of related profession.

DISCIPLINARY ACTION

NRS 637A.250 Grounds.

NRS 637A.253 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation 2 years after thedate 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 637A.260 Complaintagainst licensee; investigation.

NRS 637A.270 Commencementof disciplinary proceedings required for certain violations of IndustrialInsurance Act.

NRS 637A.290 Authorizeddisciplinary action; procedure for suspension; private reprimands prohibited;orders imposing discipline deemed public records.

NRS 637A.295 Disciplinaryaction by hearing officer or panel: Procedural requirements; powers and dutiesof officer or panel; appeals. [Repealed.]

NRS 637A.300 Surrenderand reinstatement of revoked license.

NRS 637A.305 Activeparticipation in fitting or dispensing hearing aid prohibited with revokedlicense.

NRS 637A.310 Recordsrequired.

NRS 637A.315 Confidentialityof certain records of Board; exceptions.

UNLAWFUL ACTS; PENALTIES

NRS 637A.340 Transferor alteration of license.

NRS 637A.350 Fraudulentuse of assumed name or practice without license.

NRS 637A.352 Engagingin business of hearing aid specialist without license.

NRS 637A.355 Injunctiverelief against violators.

NRS 637A.360 Penalty.

_________

GENERAL PROVISIONS

NRS 637A.010 Shorttitle. This chapter may be cited as theHearing Aid Specialists Act.

(Added to NRS by 1973, 990)

NRS 637A.020 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS637A.021 to 637A.024, inclusive,have the meanings ascribed to them in those sections.

(Added to NRS by 1973, 990; A 1993, 1339; 1995, 1670)

NRS 637A.021 Boarddefined. Board means the Board of HearingAid Specialists.

(Added to NRS by 1993, 1337)

NRS 637A.0213 Chairmandefined. Chairman means the Chairman of theBoard.

(Added to NRS by 1993, 1337)

NRS 637A.0217 Hearingaid defined. Hearing aid means any wearableinstrument or device designed for or offered for the purpose of aiding orcompensating for impaired human hearing and any parts, attachments oraccessories, including earmolds, but excluding batteries and cords.

(Added to NRS by 1993, 1337)

NRS 637A.022 Hearingaid specialist defined. Hearing aidspecialist means any person licensed pursuant to the provisions of thischapter who offers to rent, lease, sell or otherwise transfer title to hearingaids. The term includes persons who make impressions of the ear, offercounseling to others concerning hearing aids, fit hearing aids or test thehearing of others.

(Added to NRS by 1993, 1337)

NRS 637A.0221 Incompetencedefined. Incompetence means a lack of abilitysafely and skillfully to practice as a hearing aid specialist or apprentice toa hearing aid specialist arising from:

1. Lack of knowledge or training; or

2. Impaired physical or mental capability, includingthe habitual abuse of alcohol or addiction to any illegally obtained controlledsubstance.

(Added to NRS by 1995, 1669)

NRS 637A.0223 Licensedefined. License means a license issued bythe Board pursuant to this chapter as evidence of a licensees qualification toengage in the business of a hearing aid specialist or as an apprentice to ahearing aid specialist.

(Added to NRS by 1993, 1338)

NRS 637A.0227 Manufacturerdefined. Manufacturer means any person whoassembles, manufactures or fabricates hearing aids or any parts or suppliesused in connection therewith.

(Added to NRS by 1993, 1338)

NRS 637A.023 Memberdefined. Member means a member of the Board.

(Added to NRS by 1993, 1338)

NRS 637A.0233 Negligencedefined. Negligence means a deviation fromthe normal standard of professional care exercised by hearing aid specialistsor apprentices to hearing aid specialists.

(Added to NRS by 1995, 1669)

NRS 637A.0235 Practiceof fitting and dispensing hearing aids defined. Practiceof fitting and dispensing hearing aids means the measurement of human hearingby means of an audiometer or by any other means and the selection, adaptation,distribution or sale of hearing aids, and the instruction and counseling pertainingthereto. The term includes the making of impressions for earmolds.

(Added to NRS by 1993, 1338)

NRS 637A.024 Secretarydefined. Secretary means the Secretary ofthe Board.

(Added to NRS by 1993, 1338)

NRS 637A.025 Applicability.

1. This chapter does not apply to any physicianlicensed to practice medicine in Nevada nor to the hearing aid dispensingprogram of the Department of Veterans Affairs.

2. This chapter does not apply to any person whomeasures human hearing for any purpose, including the selection of hearingaids, if such person does not dispense hearing aids or accessories.

(Added to NRS by 1973, 994; A 1995, 1097)

BOARD OF HEARING AID SPECIALISTS

NRS 637A.030 Creation;number and appointment of members. The Boardof Hearing Aid Specialists, consisting of five members appointed by the Governor,is hereby created.

(Added to NRS by 1973, 990; A 1977, 1255; 1993, 1339)

NRS 637A.035 Qualificationsof members; terms; members serve at pleasure of Governor.

1. The Governor shall appoint:

(a) One member who is a physician with a specialty inotorhinolaryngology or otology.

(b) One member who is licensed to engage in thepractice of audiology pursuant to chapter 637Bof NRS.

(c) One member who is a hearing aid specialist.

(d) Two members who are representatives of the generalpublic and have hearing disorders. These members must not be:

(1) A hearing aid specialist, a physician with aspecialty in otorhinolaryngology or otology or a person licensed to engage inthe practice of audiology pursuant to chapter637B of NRS; or

(2) The spouse or the parent or child, by blood,marriage or adoption, of a hearing aid specialist, a physician with a specialtyin otorhinolaryngology or otology or a person licensed to engage in thepractice of audiology pursuant to chapter 637Bof NRS.

2. After their initial terms, the members of the Boardshall serve terms of 3 years.

3. No member of the Board may be a stockholder of amanufacturer.

4. The members of the Board serve at the pleasure ofthe Governor.

(Added to NRS by 1973, 990; A 1977, 1255; 1993, 1339;2003, 1195)

NRS 637A.040 Chairmanand Secretary; meetings; quorum.

1. The Board shall:

(a) Elect a Chairman and Secretary from its members,who shall hold office for 1 year and until the election and qualification oftheir successors.

(b) Meet at such times and places as are specified bythe Chairman or a majority of the Board.

2. A majority of the Board constitutes a quorum forthe transaction of business.

(Added to NRS by 1973, 990; A 1977, 1255)

NRS 637A.060 Officers;rules and regulations. Within 30 days after theday of their appointment, the Board shall hold a meeting to elect officers asprovided in this chapter, and to adopt reasonable rules and regulations fortheir own government and for the administration of this chapter.

(Added to NRS by 1973, 991)

NRS 637A.080 Depositand use of money received by Board; delegation of authority to takedisciplinary action; deposit of fines imposed by Board; claims for attorneysfees and costs of investigation.

1. All fees provided for in this chapter must be paidto the Board.

2. Except as otherwise provided in subsection 4, allmoney coming into the possession of the Board must be kept or deposited by theSecretary in banks, credit unions, savings and loan associations or otherfinancial institutions in this State to be expended for the payment of thesalaries and expenses of the members and employees of the Board and for othernecessary or proper purposes in the administration of this chapter.

3. In a manner consistent with the provisions of chapter 622A of NRS, the Board may delegate toa hearing officer or panel its authority to take any disciplinary actionpursuant to this chapter, impose and collect penalties therefor and deposit themoney therefrom in banks, credit unions, savings and loan associations or otherfinancial institutions in this State.

4. If a hearing officer or panel is not authorized totake disciplinary action pursuant to subsection 3 and the Board deposits themoney collected from the imposition of penalties 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.

(Added to NRS by 1973, 991; A 1975, 151; 1983, 1539;1989, 1700; 1993, 1340; 1999, 1534; 2005, 773)

NRS 637A.090 Compensationof members and employees.

1. Each member of the Board is entitled to receive asalary of not more than $80 per day, as fixed by the Board, while engaged inthe business of the Board.

2. All necessary expenses incurred by the Board in theperformance of its duties must be evidenced on claims signed by the Chairmanand Secretary and paid out of money received by the Board from fees.

3. While engaged in the business of the Board, eachmember and employee of the Board is entitled to receive a per diem allowanceand travel expenses at a rate fixed by the Board. The rate must not exceed therate provided for state officers and employees generally.

(Added to NRS by 1973, 991; A 1975, 151; 1983, 1539;1985, 445; 1989, 1701)

NRS 637A.100 Duties. The Board shall:

1. Administer and enforce the provisions of thischapter.

2. Adopt reasonable rules and regulations for itsadministration and government and for the administration of this chapter.

3. Administer and conduct comprehensive examinationsof applicants, which must test the applicants fitness to engage in thebusiness of a hearing aid specialist. All examination papers must be kept bythe Board for at least 1 year after the date of the examination. Examinationsmay be given at the discretion of the Board, but not less than twice each year.

(Added to NRS by 1973, 991; A 1993, 1340)

NRS 637A.110 Powers. In a manner consistent with the provisions of chapter 622A of NRS, the Board may:

1. Appoint a technical, clerical and operational staffas may be required. The number of the staff appointed must be limited by themoney available for that purpose in the hearing aid licensing fund.

2. Grant or refuse licenses for any of the causesspecified in this chapter.

3. Take disciplinary action against a licensee.

4. Take depositions and issue subpoenas for thepurpose of any hearing authorized by this chapter.

5. Establish reasonable educational requirements forapplicants and apprentices and reasonable requirements for the continuingeducation of hearing aid specialists and apprentices.

(Added to NRS by 1973, 991; A 1979, 222; 1981, 101;1993, 1340; 1995, 1670; 2005,773)

NRS 637A.120 Seal. The Board shall adopt and use an official seal. The presenceof the seal on any document, record or order of the Board is prima facieevidence of the authenticity thereof.

(Added to NRS by 1973, 992)

EXAMINATIONS AND LICENSES; PRACTICE

NRS 637A.130 Applicationfor examination; fee.

1. An application for an examination must be filed inwriting with the Board at least 60 days before the meeting of the Boardimmediately preceding the examination, and be accompanied by the applicationfee prescribed in NRS 637A.210.

2. The application must include all informationrequired to complete the application.

(Added to NRS by 1973, 992; A 1993, 1341; 1995, 1670;1997, 2141; 2005,2739, 2807)

NRS 637A.140 Contentsof application. An applicant for anexamination as a hearing aid specialist must submit satisfactory evidence tothe Board that:

1. He is a citizen of the United States or is lawfullyentitled to remain in the United States.

2. He is over 21 years of age.

3. He has met the minimum educational requirementsestablished by the Board.

(Added to NRS by 1973, 992; A 1989, 598; 1993, 1341)

NRS 637A.150 Actionsby Board on applications.

1. Upon receipt by the Board of an application forexamination or licensure, the Secretary shall review it for conformity with theapplicable requirements and submit the application to the Board at its nextscheduled meeting together with his recommendation for approval or disapproval.If the Board is satisfied that the information contained in the application istrue, that the applicant meets all applicable requirements and that he has paidthe applicable fee, it shall approve the application.

2. An application may be disapproved if the applicanthas:

(a) Been convicted of fraud or misrepresentation.

(b) Been denied similar licensure in another state.

(c) Been the subject of disciplinary action by aprofessional licensing board in this or any other state.

(d) Practiced as a hearing aid specialist withoutproper licensure.

(e) Engaged in any other conduct deemed to beunprofessional by the Board.

3. If the Board approves the application, theSecretary shall promptly notify the applicant in writing of the approval and,if applicable, of the time and place of examination.

4. If the Board disapproves the application, theSecretary shall promptly notify the applicant in writing of the disapproval,stating the reasons therefor.

5. Any applicant for examination whose application isapproved by the Board may take the examination required in NRS 637A.100.

(Added to NRS by 1973, 992; A 1993, 1341)

NRS 637A.160 Requirementsfor licensing.

1. Subject to the provisions of NRS 637A.170, any person who intends tocommence business as a hearing aid specialist must comply with the following requirements:

(a) Make application for examination.

(b) Take and pass the examination.

(c) Pay the prescribed fees, including the annuallicense fee and the initial license fee prescribed in NRS 637A.210.

(d) Submit all information required to complete theapplication.

2. The license must be issued and delivered by theSecretary to the licensee therein named upon compliance by the licensee withthe requirements prescribed in subsection 1.

(Added to NRS by 1973, 992; A 1997, 2141; 2005, 2739, 2807)

NRS 637A.163 Paymentof child support: Submission of certain information by applicant; grounds fordenial of examination or license; 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.]

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

(a) An applicant for an examination as a hearing aidspecialist or an applicant for the issuance of a license as an apprentice to ahearing aid specialist shall include the social security number of theapplicant in the application submitted to the Board.

(b) An applicant for an examination as a hearing aidspecialist, the renewal of a license as a hearing aid specialist or theissuance or renewal of a license as an apprentice to a hearing aid specialistshall submit to the Board the statement prescribed by the Division of Welfareand Supportive Services of the Department of Health and Human Services pursuantto 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 examination for or the issuance or renewal of the license; or

(b) A separate form prescribed by the Board.

3. A license as a hearing aid specialist or anapprentice to a hearing aid specialist may not be issued or renewed by theBoard 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 the arrearage.

(Added to NRS by 1997, 2140; A 2005, 2739, 2807)

NRS 637A.163 Payment of child support: Submissionof certain information by applicant; grounds for denial of examination orlicense; duty of Board. [Effective on 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 and expires by limitation 2 years afterthat date.]

1. In addition to any other requirements set forth inthis chapter, an applicant for an examination as a hearing aid specialist, therenewal of a license as a hearing aid specialist or the issuance or renewal ofa license as an apprentice to a hearing aid specialist shall submit to theBoard the statement prescribed by the Division of Welfare and SupportiveServices of the Department 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 examination for or the issuance or renewal of the license; or

(b) A separate form prescribed by the Board.

3. A license as a hearing aid specialist or anapprentice to a hearing aid specialist may not be issued or renewed by theBoard 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 the arrearage.

(Added to NRS by 1997, 2140; A 2005, 2739, 2740, 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 637A.170 Examinationwaived for certain specialists applying before October 1, 1973. Any person who has been engaged in the business of ahearing aid specialist in the State of Nevada for not less than 90 daysimmediately preceding January 31, 1973, shall, upon application before October1, 1973, and payment of the required annual license fee and initial licensefee, be issued a hearing aid specialist license without examination.

(Added to NRS by 1973, 992)

NRS 637A.190 Displayof license. Every licensee shall display hislicense conspicuously in each place where he conducts business as a hearing aidspecialist or as an apprentice to a hearing aid specialist.

(Added to NRS by 1973, 993; A 1995, 1670)

NRS 637A.200 Expirationand renewal of licenses.

1. Licenses expire on June 30 next following the dateof issuance.

2. A licensee may have his license renewed for 1 yearbeginning on July 1, by:

(a) Showing that he has fulfilled any requirementsestablished by the Board for continuing education;

(b) Paying the annual license fee; and

(c) Submitting all information required to complete therenewal.

3. A licensee who fails to pay the annual license feeor submit all information required to complete the renewal may have his licenserenewed without examination within 5 years after the date of expiration by:

(a) Complying with the requirements of subsection 2;and

(b) Paying the lapsed renewal fee in addition to theannual license fee.

(Added to NRS by 1973, 993; A 1979, 223; 1997, 2142; 2005, 2740, 2807)

NRS 637A.205 Transferof license to inactive list. Upon writtenrequest to the Board and payment of the applicable fee, a licensee in goodstanding may have his name and license transferred to an inactive list. Such alicensee shall not engage in the business of hearing aid specialist orapprentice to a hearing aid specialist during the time the license is inactive.If an inactive licensee desires to resume business as a hearing aid specialistor as an apprentice to a hearing aid specialist, the Board shall reactivate thelicense upon the:

1. Demonstration, if deemed necessary by the Board,that the licensee is qualified and competent to practice;

2. Completion of an application for reinstatement; and

3. Payment of the fee for renewal of the license.

Payment ofthe lapsed renewal fee and the renewal fee for any year while the license wasinactive is not required.

(Added to NRS by 1993, 1338; A 1995, 1670)

NRS 637A.210 Fees. The Board shall charge fees which must not be greater thanthe following:

 

For a license as a hearing aid specialist:

 

Application fee....................................................................................................... $250

Examination fee......................................................................................................... 200

Initial license fee....................................................................................................... 100

Annual license fee................................................................................................... 200

Duplicate license fee.................................................................................................. 20

Inactive status fee.................................................................................................... 100

 

For a license as anapprentice to a hearing aid specialist:

 

Application fee....................................................................................................... $250

Annual license fee................................................................................................... 100

Inactive status fee.................................................................................................... 100

 

For all licensesissued by the board:

 

Lapsed renewal fee per year for each year, or fractionthereof, that the annual license fee has not been paid $100

Reinstatement fee..................................................................................................... 100

 

(Added to NRS by 1973, 994; A 1975, 151; 1993, 1342;1995, 1671)

NRS 637A.220 Apprentices:Employment; application for licensure.

1. A licensed hearing aid specialist who:

(a) Has engaged in the practice of fitting anddispensing hearing aids for at least 3 years; and

(b) Has obtained the approval of the Board,

may employany person 21 years of age or over to assist him in the business of a hearingaid specialist if the person is licensed by the Board as an apprentice to ahearing aid specialist.

2. An applicant for licensure as an apprentice mustsubmit to the Board:

(a) An application in the form adopted by the Board;

(b) The applicable fees; and

(c) All information required to complete theapplication.

(Added to NRS by 1973, 994; A 1979, 223; 1993, 1342;1997, 2142; 2005,2741, 2807)

NRS 637A.225 Apprentices:Regulations concerning approval of Board for hearing aid specialist to supervise;procedure for appeal. The Board shall adoptregulations setting forth the procedure for a hearing aid specialist to obtainthe approval of the Board to supervise an apprentice to a hearing aidspecialist. The regulations must include the procedure for appealing decisionsof the Board concerning such approval.

(Added to NRS by 1993, 1339)

NRS 637A.230 Apprentices:Supervision and responsibility for work; selection of hearing aid; signing ofaudiogram or sales document.

1. All work done by an apprentice to a hearing aidspecialist must be supervised by a licensed hearing aid specialist, and thelicensed hearing aid specialist is responsible and civilly liable for thenegligence or incompetence of the apprentice under his supervision.

2. Any selection of a hearing aid for a customer madeby an apprentice must be approved by the hearing aid specialist supervising theapprentice.

3. Any audiogram or sales document prepared by anapprentice must be signed by the apprentice and the hearing aid specialistsupervising the apprentice.

(Added to NRS by 1973, 994; A 1993, 1342)

NRS 637A.235 Apprentices:Identification; title.

1. An apprentice to a hearing aid specialist shall,while engaged in the practice of fitting and dispensing hearing aids, identifyhimself as an apprentice.

2. An apprentice to a hearing aid specialist shall notuse any title in any advertisement or promotional materials other thanapprentice to a hearing aid specialist.

(Added to NRS by 1993, 1339)

NRS 637A.240 Limitationon period of apprenticeship.

1. No person may serve as an apprentice to a hearingaid specialist for more than 3 years without passing the examination requiredby this chapter.

2. For the purposes of subsection 1, the calculationof the time a person has served as an apprentice to a hearing aid specialistmust not include any period during which the license of the apprentice to ahearing aid specialist was on inactive status.

(Added to NRS by 1973, 994; A 1993, 1342; 1995, 1671)

NRS 637A.243 Saleof hearing aids by catalog or mail: Conditions; records; regulations.

1. A hearing aid specialist licensed pursuant to thischapter may sell hearing aids by catalog or mail if:

(a) He has received a written statement signed by aphysician licensed pursuant to chapter 630 or 633 of NRS, an advanced practitioner of nursinglicensed pursuant to chapter 632 of NRS, anaudiologist licensed pursuant to chapter 637Bof NRS or a hearing aid specialist licensed pursuant to this chapter whichverifies that he has performed an otoscopic examination of that person and thatthe results of the examination indicate that the person may benefit from theuse of a hearing aid;

(b) He has received a written statement signed by aphysician licensed pursuant to chapter 630 or 633 of NRS, audiologist licensed pursuant to chapter 637B of NRS or a hearing aid specialistlicensed pursuant to this chapter which verifies that he has performed anaudiometric examination of that person in compliance with regulations adoptedby the Board and that the results of the examination indicate that the personmay benefit from the use of a hearing aid;

(c) He has received a written statement signed by ahearing aid specialist licensed pursuant to this chapter which verifies that anear impression has been taken; and

(d) The person has signed a statement acknowledgingthat the licensee is selling him the hearing aid by catalog or mail based uponthe information submitted by the person in accordance with this section.

2. A hearing aid specialist who sells hearing aids bycatalog or mail shall maintain a record of each sale of a hearing aid madepursuant to this section for not less than 5 years.

3. The Board may adopt regulations to carry out theprovisions of this section, including, without limitation, the informationwhich must be included in each record required to be maintained pursuant tosubsection 2.

(Added to NRS by 1995, 1669; A 2003, 1175)

NRS 637A.245 Audiogramsfor use of physician or member of related profession. Ahearing aid specialist, at the request of a physician or a member of relatedprofessions, may make audiograms for the physicians or members use inconsultation with persons who have impaired hearing.

(Added to NRS by 1993, 1339)

DISCIPLINARY ACTION

NRS 637A.250 Grounds. In a manner consistent with the provisions of chapter 622A of NRS, the Board may takedisciplinary action against a licensee if the licensee:

1. Has been convicted of a felony relating to the practiceof hearing aid specialists.

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

3. Obtained the license by fraud or misrepresentation.

4. Has made any false or fraudulent statementsconcerning hearing aids or the business of hearing aid specialist.

5. Has been guilty of negligence, incompetence orunprofessional conduct in his practice as a hearing aid specialist. As used inthis subsection, unprofessional conduct includes, without limitation:

(a) Conduct which is intended to deceive or which theBoard by specific regulation has determined is unethical;

(b) Conduct which is harmful to the public or anyconduct detrimental to the public health or safety;

(c) Conduct for which disciplinary action was taken byan agency of another state which is authorized to regulate the practice ofhearing aid specialists; and

(d) Knowingly employing, directly or indirectly, anyperson who is not licensed to fit or dispense hearing aids or whose license tofit or dispense hearing aids has been suspended or revoked.

6. Has loaned or transferred his license to anotherperson.

7. Willfully violated any law of this State or anyprovision of this chapter regulating hearing aid specialists or the operationof an office, store or other location for dispensing hearing aids.

(Added to NRS by 1973, 993; A 1993, 792, 1343; 1995,1671; 2003, 2712;2005, 774)

NRS 637A.253 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation 2 years after thedate 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.]

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 to practice as a hearing aid specialist or an apprentice to a hearingaid specialist, the Board shall deem the license issued to that person to besuspended at the end of the 30th day after the date on which the court orderwas issued unless the Board receives a letter issued to the holder of the licenseby the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of thelicense has complied with the subpoena or warrant or has satisfied thearrearage pursuant to NRS 425.560.

2. The Board shall reinstate a license to practice asa hearing aid specialist or an apprentice to a hearing aid specialist that hasbeen suspended by a district court pursuant to 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 was suspended stating that the personwhose license was suspended has complied with the subpoena or warrant or hassatisfied the arrearage pursuant to NRS425.560; and

(b) The person whose license was suspended pays the feeestablished by the Board pursuant to NRS637A.210 for the reinstatement of a license.

(Added to NRS by 1997, 2141; A 2005, 2807)

NRS 637A.260 Complaintagainst licensee; investigation.

1. The Board, any of its members or any other personwho believes that a licensee or other person has violated a provision of thischapter may file a complaint specifying the relevant facts with the Board. TheBoard may amend any such complaint to include additional allegations if itbecomes aware of any additional information concerning a further violation ofthe provisions of this chapter.

2. A complaint made against any licensee charging oneor more of the causes for which his license may be revoked or suspended must bemade with such particularity as to enable the licensee to prepare a defensethereto.

3. The complaint must be made in writing and be signedand verified by the person making it.

4. The Board, on its own motion, may investigate theactivities of an applicant for or a holder of a license issued pursuant to thischapter at any time.

(Added to NRS by 1973, 993; A 1993, 1343; 1995, 1672)

NRS 637A.270 Commencementof disciplinary proceedings required for certain violations of IndustrialInsurance Act. Notwithstanding the provisionsof chapter 622A of NRS, if the Boardreceives a report pursuant to subsection 5 of NRS228.420, a disciplinary proceeding regarding the report must be commencedwithin 30 days after the Board receives the report.

(Added to NRS by 1973, 993; A 1993, 792; 1995, 1672; 2005, 774)

NRS 637A.290 Authorizeddisciplinary action; procedure for suspension; private reprimands prohibited;orders imposing discipline deemed public records.

1. In a manner consistent with the provisions of chapter 622A of NRS, the holder of any licenseissued by the Board may be disciplined by the Board by one or more of thefollowing methods:

(a) Placing the licensee on probation for a period notto exceed 2 years;

(b) Suspending the right of the licensee to practice,or the right to use a license, for a period not to exceed 3 years;

(c) Revoking the license;

(d) Public reprimand;

(e) Imposition of an administrative fine not to exceed$5,000 upon a finding by the Board of more than one violation;

(f) Requiring the licensee to pay restitution to anyperson who has suffered an economic loss as a result of a violation of theprovisions of this chapter or any regulation adopted by the Board pursuantthereto; or

(g) Requiring the licensee to retake and pass theexamination or otherwise demonstrate that he is qualified and competent topractice.

2. If a license is suspended, it must be surrenderedto the Board and returned to the licensee upon termination of the period ofsuspension.

3. The Board shall not issue a private reprimand.

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

(Added to NRS by 1973, 993; A 1975, 151; 1993, 1343;1995, 1672; 2003, 3452;2005, 774)

NRS 637A.295 Disciplinaryaction by hearing officer or panel: Procedural requirements; powers and dutiesof officer or panel; appeals. Repealed. (See chapter 225, Statutes of Nevada 2005,at page 807.)

 

NRS 637A.300 Surrenderand reinstatement of revoked license.

1. If a license is revoked, it shall be surrendered tothe Board.

2. In a manner consistent with the provisions of chapter 622A of NRS, the Board may, in itsdiscretion, reinstate any license after revocation upon payment of thereinstatement fee as prescribed in NRS637A.210.

(Added to NRS by 1973, 994; A 1975, 151; 2005, 775)

NRS 637A.305 Activeparticipation in fitting or dispensing hearing aid prohibited with revokedlicense. A hearing aid specialist whoselicense has been revoked may not be an active participant in the fitting ordispensing of a hearing aid to any person.

(Added to NRS by 1995, 1669)

NRS 637A.310 Recordsrequired. The Board shall keep a record of allhearings and examinations conducted under the provisions of this chapter.

(Added to NRS by 1973, 994)

NRS 637A.315 Confidentialityof certain records of Board; exceptions.

1. Except as otherwise provided in this section, acomplaint filed with the Board, all documents and other information filed withthe complaint and all documents and other information compiled as a result ofan investigation conducted to determine whether to initiate disciplinary actionagainst a person are confidential, unless the person submits a writtenstatement to the Board requesting that such documents and information be madepublic records.

2. The charging documents filed with the Board toinitiate disciplinary action pursuant to chapter622A of NRS and all documents and information considered by the Board whendetermining whether to impose discipline are public records.

3. The provisions of this section do not prohibit theBoard from communicating or cooperating with or providing any documents orother information to any other licensing board or any other agency that isinvestigating a person, including, without limitation, a law enforcement agency.

(Added to NRS by 2003, 3452; A 2005, 775)

UNLAWFUL ACTS; PENALTIES

NRS 637A.340 Transferor alteration of license. A person shall notgive, sell, transfer, or offer to give, sell or transfer, or alter any license.

(Added to NRS by 1973, 994; A 1985, 348)

NRS 637A.350 Fraudulentuse of assumed name or practice without license. Aperson shall not engage in the business of a hearing aid specialist under anassumed name with intent to defraud the public or without a valid license.

(Added to NRS by 1973, 994; A 1985, 348)

NRS 637A.352 Engagingin business of hearing aid specialist without license.A person shall not engage in the business of a hearing aid specialistunless he:

1. Holds a license issued by the Board; or

2. Is exempted from the provisions of this chapter by NRS 637A.025.

(Added to NRS by 1979, 223)

NRS 637A.355 Injunctiverelief against violators. A violation of thischapter by any person unlawfully representing himself, or practicing as, ahearing aid specialist as defined in this chapter may be enjoined by a districtcourt on petition by the Board. In any such proceeding it is not necessary toshow that any person is individually injured. If the respondent is found guiltyof misrepresenting himself, or practicing as, a hearing aid specialist, the courtshall enjoin him from such representation or practice unless and until he hasbeen duly licensed as a hearing aid specialist. Procedure in such cases shallbe the same as in any other application for an injunction. The remedy byinjunction is in addition to criminal prosecution and punishment.

(Added to NRS by 1975, 150)

NRS 637A.360 Penalty. Any person violating any provision of this chapter isguilty of a misdemeanor.

(Added to NRS by 1973, 994; A 1985, 311)

 

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