2005 Nevada Revised Statutes - Chapter 638 — Veterinarians

CHAPTER 638 - VETERINARIANS

GENERAL PROVISIONS

NRS 638.001 Definitions.

NRS 638.0015 Agencydefined.

NRS 638.002 Animaldefined.

NRS 638.004 Boarddefined.

NRS 638.005 Euthanasiatechnician defined.

NRS 638.007 Licensedveterinarian defined.

NRS 638.008 Practiceof veterinary medicine defined.

NRS 638.009 Schoolof veterinary medicine defined.

NRS 638.011 Veterinariandefined.

NRS 638.012 Veterinarymedicine defined.

NRS 638.013 Veterinarytechnician defined.

NRS 638.015 Applicability.

NRS 638.017 Serviceof process.

NRS 638.019 Actionto collect compensation for regulated services requires proof of licensure attime of service.

NEVADA STATE BOARD OF VETERINARY MEDICAL EXAMINERS

NRS 638.020 Creation;number, appointment, qualifications and removal of members.

NRS 638.030 Oathsof appointive members.

NRS 638.040 Compensationof members and employees.

NRS 638.050 Officers;employment of Executive Director.

NRS 638.060 Meetings;quorum.

NRS 638.070 Regulations;powers; employees; offices.

NRS 638.073 Administrationof oaths.

NRS 638.077 Inspections.

NRS 638.080 Dutiesof Executive Director; deposit, use and payment of Boards money.

NRS 638.085 Fiscalyear.

NRS 638.087 Records:General requirements; confidentiality of certain records of Board; exceptions.

NRS 638.088 Records:Certain records relating to investigation deemed confidential; certain recordsrelating to disciplinary action deemed public records. [Repealed.]

NRS 638.089 Records:Additional provisions governing confidentiality and disclosure.

LICENSING

NRS 638.090 Unlawfulto practice without license.

NRS 638.100 Applicationfor license; qualifications; fee; grounds for refusal of license.

NRS 638.103 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license; duty of Board. [Effective until the date of the repeal ofthe 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.]

NRS 638.103 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license; duty of Board. [Effective on the date of the repeal of thefederal 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 certain processesrelating to paternity or child support proceedings and expires by limitation 2years after that date.]

NRS 638.105 Admissionto practice without examination.

NRS 638.110 Examinationfor license.

NRS 638.116 Euthanasiatechnician: Application for license; qualifications; fee.

NRS 638.117 Euthanasiatechnician: Examination.

NRS 638.118 Euthanasiatechnician: Duties upon cessation of qualified employment.

NRS 638.119 Euthanasiatechnician: Regulations.

NRS 638.122 Veterinarytechnicians: Application for license; qualifications; fee.

NRS 638.123 Veterinarytechnicians: Examination.

NRS 638.124 Veterinarytechnicians: Regulations of Board; responsibility of supervising veterinarian.

NRS 638.125 Practiceby veterinarians licensed by adjoining states in areas not adequately served;conditions.

NRS 638.127 Renewalof license; penalty for delinquency; examination before renewal; limitation onissuance of license by reciprocity.

NRS 638.128 Placementof license on inactive status: Application; qualifications; effect;regulations.

NRS 638.129 Removalof limitation or suspension of license; reinstatement of revoked license.

NRS 638.131 Provisionof regulations to licensees.

NRS 638.132 Boardto adopt regulations for licensure of facility in which veterinary medicine ispracticed.

NRS 638.133 Dutyto report claim for malpractice or negligence and disposition.

NRS 638.134 Dutyto recommend vaccinations for zoonotic diseases; duty to provide veterinaryservices at level of quality required by chapter.

DISCIPLINARY ACTION

Grounds

NRS 638.140 Statutoryor regulatory violations; criminal offenses; improper or unlawful actsinvolving controlled substances; incompetence, negligence or malpractice; othergrounds.

NRS 638.1402 Fraudulentacts.

NRS 638.1404 Claimingprofessional superiority; accepting money to cure manifestly incurable disease;participating in agreement to split fees or provide rebates in connection withreferral of client without informing client of agreement.

NRS 638.1406 Allowingimproper use of name; unlawful professional association; failure to reportrevocation of license to practice in another state, territory or district ofUnited States.

NRS 638.1408 Failureto maintain facilities in sanitary condition; failure to maintain or alterationof records; filing false report or failing to make required report; inhumane orcruel treatment of animals.

 

Complaints, Investigations and Summary Orders

NRS 638.1413 Filingof complaint; investigation by Board; contents of notice sent by ExecutiveDirector.

NRS 638.1416 Physicalexamination of animal after filing of complaint concerning care of animal.

NRS 638.1419 Conductof investigation.

NRS 638.142 Mentalor physical examination; examination of competency to practice.

NRS 638.1423 Summaryorder of suspension or prohibition; hearing; investigation; order.

NRS 638.1429 Procedureafter investigation completed.

NRS 638.144 Issuanceand enforcement of subpoenas.

NRS 638.1445 Searchwarrant.

 

Disciplinary Proceedings

NRS 638.145 Evidentiarystandard for refusing to issue license or taking disciplinary action.

NRS 638.146 Rightof person charged to hearing; continuation; reopening. [Repealed.]

NRS 638.147 Authorizeddisciplinary action; private reprimands prohibited; orders imposing disciplinedeemed public records.

NRS 638.1471 Issuanceof citation by Board containing order of abatement or order to payadministrative fine; contents; penalty for failure to comply; regulations.

NRS 638.1473 Expensesof Board; deposit of money collected or received by Board or its delegate;delegation of Boards authority to take disciplinary action; presentation ofclaim for payment of attorneys fees and cost of investigation.

NRS 638.1476 Decisionof hearing officer or panel final; appeal to Board. [Repealed.]

NRS 638.1479 Licenseesstatement after Boards order; consideration by Board. [Repealed.]

NRS 638.148 Judicialreview.

 

Miscellaneous Provisions

NRS 638.151 Representationof Board at hearing.

NRS 638.1515 Requirementsfor proof.

NRS 638.152 Immunityfrom civil action.

NRS 638.1525 Unlawfulfor licensee to provide medical assistance, treatment or counsel to humanbeing; exception; ground for disciplinary action; suspension of license;penalty.

NRS 638.1527 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.]

ENFORCEMENT; PENALTIES

NRS 638.153 Criminalprosecution not precluded by disciplinary action.

NRS 638.155 Injunctiverelief for violations of chapter.

NRS 638.1551 Injunctiverelief for unprofessional conduct.

NRS 638.1555 Allegationnecessary for injunction.

NRS 638.160 Prosecutionof violators by Attorney General or district attorneys.

NRS 638.170 Penalties.

_________

 

GENERAL PROVISIONS

NRS 638.001 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS638.0015 to 638.013, inclusive, havethe meanings ascribed to them in those sections.

[Part 2:17:1919; 1919 RL p. 3204; NCL 7791] + [Part8:17:1919; 1919 RL p. 3205; NCL 7797](NRS A 1960, 410; 1965, 364; 1975,1148; 1985, 534; 1989, 537; 1995, 1676)

NRS 638.0015 Agencydefined. Agency means:

1. A law enforcement agency;

2. An animal control agency; or

3. A society for the prevention of cruelty to animalswhich is in compliance with the provisions of chapter574 of NRS.

(Added to NRS by 1995, 1675)

NRS 638.002 Animaldefined. Animal excludes a human being andincludes any mammal, amphibian, fowl, bird, fish or reptile, wild or domestic,living or dead.

(Added to NRS by 1989, 536; A 1995, 1676)

NRS 638.004 Boarddefined. Board means the Nevada State Boardof Veterinary Medical Examiners.

(Added to NRS by 1989, 536)

NRS 638.005 Euthanasiatechnician defined. Euthanasia technicianmeans an employee of a law enforcement agency, an animal control agency, or ofa society for the prevention of cruelty to animals that is in compliance withthe provisions of chapter 574 of NRS, who islicensed by the Board and trained to administer sodium pentobarbital toeuthanize injured, sick, homeless or unwanted domestic pets and other animals.

(Added to NRS by 1989, 536)

NRS 638.007 Licensedveterinarian defined. Licensed veterinarianmeans a person who is licensed by the Board and is on active status to practiceveterinary medicine in this State.

(Added to NRS by 1989, 536; A 1995, 1676)

NRS 638.008 Practiceof veterinary medicine defined. Practice ofveterinary medicine means:

1. To diagnose, treat, correct, change, relieve orprevent animal disease, deformity, defect, injury or other physical or mentalconditions, including, but not limited to:

(a) The prescription or the administration of any drug,medicine, biologic, apparatus, application, anesthetic or other therapeutic ordiagnostic substance or technique;

(b) The collection of embryos;

(c) Testing for pregnancy or for correcting sterilityor infertility;

(d) Acupuncture;

(e) Dentistry;

(f ) Chiropracticprocedures;

(g) Surgery, including cosmetic surgery; or

(h) Rendering advice or recommendation with regard toany of these.

2. To represent, directly or indirectly, publicly orprivately, an ability and willingness to do any act described in subsection 1.

3. To use any title, words, abbreviation or letters ina manner or under circumstances which induce the belief that the person usingthem is qualified to do any act described in subsection 1, except if the personis a veterinarian.

(Added to NRS by 1989, 536; A 1995, 1676)

NRS 638.009 Schoolof veterinary medicine defined. School ofveterinary medicine means any veterinary college or division of a universityor college that offers the degree of doctor of veterinary medicine or itsequivalent and that conforms to the standards required for accreditation by theAmerican Veterinary Medical Association.

(Added to NRS by 1989, 537)

NRS 638.011 Veterinariandefined. Veterinarian means a person who hasreceived a doctors degree in veterinary medicine from a school of veterinarymedicine.

(Added to NRS by 1989, 537)

NRS 638.012 Veterinarymedicine defined. Veterinary medicine includesveterinary surgery, obstetrics, dentistry and all other branches or specialtiesof veterinary medicine.

(Added to NRS by 1989, 537)

NRS 638.013 Veterinarytechnician defined. Veterinary technicianmeans a person who is:

1. Licensed by the Board pursuant to NRS 638.122; and

2. Formally trained for the specific purpose ofassisting a licensed veterinarian in the performance of professional ortechnical services in the field of veterinary medicine.

(Added to NRS by 1989, 536; A 1995, 1676; 2003, 1223)

NRS 638.015 Applicability. Nothing in this chapter applies:

1. To the gratuitous castrating, dehorning orvaccinating of domesticated animals nor to the gratuitous treatment of diseasedanimals by friends or neighbors of the owner thereof, except that allvaccinations for zoonotic diseases must be administered by a licensedveterinarian or a person under the direct supervision of a licensed veterinarian.

2. To debar any veterinarian in the employ of theUnited States Government or the State of Nevada from performing official dutiesnecessary for the conduct of the business of the United States Government orthe State of Nevada, or a political subdivision thereof, upon which he isassigned.

3. To any person who is a diplomate from an approvedspecialty board of the American Veterinary Medical Association who is calledinto the State for consultation by a person licensed to practice under thischapter for a period not to exceed 30 days in any 12-month period if hepractices under the auspices of a licensed veterinarian.

4. To the giving of advice with respect to or theperformance of acts which the Board by rule has prescribed as acceptedlivestock management practices.

5. To the owner of an animal or full-time regularemployee of the owner who is caring for and treating an animal which belongs tothe owner unless the ownership of the animal is transferred for the purposes ofcircumventing this chapter, except that all vaccinations for zoonotic diseasesmust be administered by a licensed veterinarian or a person under the directsupervision of a licensed veterinarian.

6. To any person or agency that performs humaneservices for wildlife animals without charge.

7. To any person, other than a veterinarian, whorenders aid, assistance or relief to an animal in an emergency without chargeif he does not represent himself as holding a license to practice veterinarymedicine or as holding a degree in veterinary medicine or other related field.

8. To any person, other than a veterinarian, whorenders emergency paramedical services to an animal without charge during thetransportation of the animal to a veterinary facility.

[Part 8:17:1919; 1919 RL p. 3205; NCL 7797](NRS A1960, 413; 1965, 366; 1983, 1675; 1995, 1676)

NRS 638.017 Serviceof process. Except as otherwise provided in chapter 622A of NRS:

1. Service of process made pursuant to and all noticesrequired by this chapter must be either personal or by registered or certifiedmail with return receipt requested, addressed to the veterinarian, veterinarytechnician or applicant for a license, at his last known address, as indicatedon the records of the Board. If personal service cannot be made and if noticeby mail is returned undelivered, the Executive Director of the Board shallcause a notice of the hearing or action to be published once a week for 4consecutive weeks in a newspaper published in the county of that persons lastknown address or, if no newspaper is published in that county, then in anewspaper widely distributed in that county.

2. Proof of service of process or publication ofnotice made pursuant to this chapter must be filed with the Executive Directorand recorded in the minutes of the Board.

(Added to NRS by 1985, 1248; A 1995, 1677; 2005, 776)

NRS 638.019 Actionto collect compensation for regulated services requires proof of licensure attime of service.

1. A person engaged in any business or profession forwhich a license is required pursuant to this chapter may not bring or maintainan action in any court of this State, or be awarded judgment, for thecollection of compensation for the performance of any act or contract for whichsuch a license is required without alleging and proving that he was licensed atall times during the performance of the act or contract.

2. Proof of licensure pursuant to this section must bemade by production of a verified certificate of licensure from the Board whichestablishes that the person bringing the action was licensed as required bysubsection 1.

(Added to NRS by 1991, 2067)

NEVADA STATE BOARD OF VETERINARY MEDICAL EXAMINERS

NRS 638.020 Creation;number, appointment, qualifications and removal of members.

1. The Nevada State Board of Veterinary MedicalExaminers is hereby created.

2. The Board consists of seven members appointed bythe Governor.

3. Six of the members must:

(a) Be residents of the State of Nevada.

(b) Be graduates of a veterinary college accredited bythe American Veterinary Medical Association.

(c) Have been lawfully engaged in the practice ofveterinary medicine in the State of Nevada for at least 5 years next precedingthe date of their appointment.

4. One member appointed by the Governor must be arepresentative of the general public. This member must not be:

(a) A veterinarian, a veterinary technician or aeuthanasia technician; or

(b) The spouse or the parent or child, by blood,marriage or adoption, of a veterinarian, a veterinary technician or aeuthanasia technician.

5. Any member may be removed from the Board by theGovernor for good cause.

[2:17:1919; 1919 RL p. 3204; NCL 7791](NRS A 1960,411; 1975, 1149; 1977, 1256; 1979, 987; 1981, 55; 1985, 1251; 2003, 1196, 1223)

NRS 638.030 Oathsof appointive members.

1. Before entering upon the duties of his office, eachappointed member of the Board shall take the constitutional oath of office.

2. Each appointed member who is a licensedveterinarian shall make an oath that he is a graduate in veterinary medicineand legally qualified under the provisions of this chapter to practiceveterinary medicine, surgery, obstetrics and dentistry in the State of Nevada.

[3:17:1919; 1919 RL p. 3204; NCL 7792](NRS A 1960,411; 1979, 987)

NRS 638.040 Compensationof members and employees.

1. Members of the Board are entitled to receive:

(a) A salary of not more than $80 per day, as fixed bythe Board, while engaged in the business of the Board; and

(b) A per diem allowance and travel expenses at a ratefixed by the Board, while engaged in the business of the Board. The rate mustnot exceed the rate provided for state officers and employees generally.

2. While engaged in the business of the Board, eachemployee of the Board is entitled to receive a per diem allowance and travelexpenses at a rate fixed by the Board. The rate must not exceed the rateprovided for state officers and employees generally.

3. Salaries and expenses may be paid only to theextent that sufficient money is received from licensees.

[Part 7:17:1919; 1919 RL p. 3205; NCL 7796](NRS A1963, 155; 1975, 305, 1150; 1981, 1993; 1989, 1701)

NRS 638.050 Officers;employment of Executive Director.

1. The Board shall elect from its appointed members aPresident and Vice President, who serve at the pleasure of the Board.

2. The Board may elect from its appointed members atleast one member to act as a representative of the Board at any meeting heldwithin the State or outside the State when the Board considers such representationbeneficial.

3. The Board shall:

(a) Employ an Executive Director, who shall maintain acopy of all correspondence;

(b) Adopt regulations concerning the duties andqualifications of the Executive Director; and

(c) At least annually, review the performance of theExecutive Director.

[Part 4:17:1919; A 1951, 63](NRS A 1960, 411; 1963,156; 1975, 1150; 1981, 55; 1985, 1251; 1995, 1677)

NRS 638.060 Meetings;quorum.

1. The Board shall meet at least annually and on thecall of the President or any four of its members.

2. Four members of the Board constitute a quorum, anda quorum is necessary to conduct the business of the Board. Any action taken bythe Board must be approved by at least a majority of the members present at ahearing or meeting of the Board.

[Part 4:17:1919; A 1951, 63](NRS A 1960, 412; 1979,987; 1985, 1252; 2003,1223)

NRS 638.070 Regulations;powers; employees; offices.

1. The Board shall adopt regulations providing anadministrative fine in an amount not to exceed $500 if an applicant for alicense or the renewal of a license:

(a) Intentionally or knowingly makes a false ormisleading statement on his application;

(b) Knowingly fails to submit a notarized application;or

(c) Fails to inform the Board of any change ofinformation which was contained in his application.

2. The Board may adopt regulations:

(a) Necessary to carry out the provisions of thischapter;

(b) Concerning the rights and responsibilities ofveterinary interns and externs and graduates of schools of veterinary medicinelocated outside the United States or Canada;

(c) Concerning the rights and responsibilities of aveterinarians employees who are not licensed nor working towards obtaining alicense pursuant to this chapter and whose duties require them to spend asubstantial portion of their time in direct contact with animals;

(d) Concerning requirements for continuing education;

(e) Establishing procedures to approve schools whichconfer the degree of veterinary technician or its equivalent;

(f) Concerning the disposition of animals which areabandoned or left unclaimed at the office of a veterinarian;

(g) Establishing sanitary requirements for facilities inwhich veterinary medicine is practiced, including, but not limited to,precautions to be taken to prevent the creation or spread of any infectious orcontagious disease; and

(h) Concerning alternative veterinary medicine,including, but not limited to, acupuncture, chiropractic procedures, dentistry,cosmetic surgery, holistic medicine, and the provision of such services by alicensed provider of health care under the direction of a licensedveterinarian.

3. The Board may:

(a) Employ attorneys, investigators, hearing officersfor disciplinary hearings, and other professional consultants and clericalpersonnel necessary to the discharge of its duties;

(b) Conduct investigations and take and record evidenceas to any matter cognizable by it;

(c) Maintain offices in as many localities in the Stateas it considers necessary to carry out the provisions of this chapter; and

(d) Purchase or rent any office space, equipment andsupplies that it considers necessary to carry out the provisions of thischapter.

[Part 4:17:1919; A 1951, 63](NRS A 1963, 156; 1975,1150; 1981, 101; 1985, 1252; 1995, 1678)

NRS 638.073 Administrationof oaths. The President of the Board, or inhis absence, the Vice President, may administer oaths in the performance of hisduties.

(Added to NRS by 1985, 1251)

NRS 638.077 Inspections. The Board, a member thereof or its authorizedrepresentative may inspect a facility in which veterinary medicine is practicedat any time during which the facility is open for business, to ensurecompliance with the requirements of this chapter and the regulations of theBoard.

(Added to NRS by 1985, 1251)

NRS 638.080 Dutiesof Executive Director; deposit, use and payment of Boards money.

1. The Executive Director is the custodian of all therecords and money of the Board, and shall deposit all money received by theBoard pursuant to the provisions of this chapter, except fines imposed by theBoard, in banks or savings and loan associations in the State of Nevada. Themoney must be used to meet the expenses of the Board.

2. Payment of money must be made upon the writtenorder of the President of the Board countersigned by the Executive Director.

[Part 4:17:1919; A 1951, 63] + [Part 7:17:1919; 1919RL p. 3205; NCL 7796](NRS A 1960, 412; 1963, 156; 1985, 1252; 1995, 1679)

NRS 638.085 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, 155)

NRS 638.087 Records:General requirements; confidentiality of certain records of Board; exceptions.

1. The Board shall keep a record of:

(a) All charges filed against a licensee;

(b) The proceedings of any formal hearing conducted bythe Board or a hearing officer;

(c) Any order filed by the Board; and

(d) All licenses issued by the Board including the nameof the holder of the license, his business address, the date the license wasissued and the number of the license.

2. Except as otherwise provided in this section, therecords of the Board listed in subsection 1 must be open to the public atreasonable times and places.

3. 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.

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

5. 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 enforcementagency.

(Added to NRS by 1985, 1250; A 2003, 1224, 3453; 2005, 777)

NRS 638.088 Records:Certain records relating to investigation deemed confidential; certain recordsrelating to disciplinary action deemed public records. Repealed. (Seechapter 225, Statutesof Nevada 2005, at page 807.)

 

NRS 638.089 Records:Additional provisions governing confidentiality and disclosure.

1. Except as provided in this section, all informationreceived by the Board concerning an applicant for a license or a licensee,including the results of an investigation, is confidential.

2. If the Board takes disciplinary action against anapplicant or licensee, the complaint and the action taken are no longerrequired to be confidential.

3. If the Board conducts any proceeding other than adisciplinary action regarding an applicant or licensee, its statement offindings and any order issued relating thereto are no longer required to beconfidential.

4. Information concerning an applicant or a licenseemay be disclosed, pursuant to procedures established by regulation of theBoard, to a court or an agency of the Federal Government, any state or anypolitical subdivision of this State. Notice of the disclosure and the contentsof the information must be given to the applicant or licensee within 3 businessdays before the disclosure.

(Added to NRS by 1985, 1246)

LICENSING

NRS 638.090 Unlawfulto practice without license. It is unlawfulfor any person to practice veterinary medicine, surgery, obstetrics ordentistry within the State of Nevada without a license issued pursuant to theprovisions of this chapter.

[1:17:1919; 1919 RL p. 3204; NCL 7790](NRS A 1960,412; 1995, 1679)

NRS 638.100 Applicationfor license; qualifications; fee; grounds for refusal of license.

1. Any person who desires to secure a license topractice veterinary medicine, surgery, obstetrics or dentistry in the State ofNevada must make written application to the Executive Director of the Board.

2. The application must include all informationrequired to complete the application and any other information required by theBoard and must be accompanied by satisfactory proof that the applicant:

(a) Is of good moral character;

(b) Except as otherwise provided in subsection 3, hasreceived a diploma conferring the degree of doctor of veterinary medicine orits equivalent from a school of veterinary medicine that is accredited by theCouncil on Education of the American Veterinary Medical Association or, if theapplicant is a graduate of a school of veterinary medicine that is notaccredited by the Council on Education of the American Veterinary Medical Association,that he has received an educational certificate issued by the EducationalCommission for Foreign Veterinary Graduates of the American Veterinary MedicalAssociation or, if the Educational Commission for Foreign Veterinary Graduatesof the American Veterinary Medical Association ceases to exist, by anorganization approved by the Board that certifies that the holder of thecertificate has demonstrated knowledge and skill of veterinary medicine that isequivalent to the knowledge and skill of veterinary medicine of a graduate of acollege of veterinary medicine that is accredited by the Council on Educationof the American Veterinary Medical Association;

(c) Has passed each examination required by the Boardpursuant to NRS 638.110; and

(d) Is a citizen of the United States or is lawfullyentitled to remain and work in the United States.

3. A veterinary student in his final year at a schoolaccredited by the American Veterinary Medical Association may submit anapplication to the Board and take the state examination administered by theBoard, but the Board may not issue him a license until he has complied with therequirements of subsection 2.

4. The application must be signed by the applicant,notarized and accompanied by a fee set by the Board, not to exceed $500.

5. The Board may refuse to issue a license if theBoard determines that an applicant has committed an act which would be a groundfor disciplinary action if the applicant were a licensee.

[Part 5:17:1919; A 1951, 63](NRS A 1960, 412; 1971,221; 1975, 1150; 1977, 1566; 1985, 1253; 1995, 1679; 1997, 2145; 2003, 1224, 3453; 2005, 2743, 2807, 2817)

NRS 638.103 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license; duty of Board. [Effective until the date of the repeal ofthe 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.]

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

(a) An applicant for the issuance of a license topractice as a veterinarian, euthanasia technician or veterinary technicianshall include the social security number of the applicant in the applicationsubmitted to the Board.

(b) An applicant for the issuance or renewal of alicense to practice as a veterinarian, euthanasia technician or veterinarytechnician shall submit to the Board the statement prescribed by the Divisionof Welfare and Supportive Services of the Department of Health and HumanServices pursuant to NRS 425.520. Thestatement must be completed 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

(b) A separate form prescribed by the Board.

3. A license to practice as a veterinarian, euthanasiatechnician or veterinary technician may not be issued or renewed by the Boardif 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, 2144; A 2005, 2744, 2807)

NRS 638.103 Payment of child support: Submissionof certain information by applicant; grounds for denial of license; duty ofBoard. [Effective on the date of the repeal of the federal law requiring eachstate to establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings and expires by limitation 2 years after thatdate.]

1. In addition to any other requirements set forth inthis chapter, an applicant for the issuance or renewal of a license to practiceas a veterinarian, euthanasia technician or veterinary technician shall submitto the Board 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 issuance or renewal of the license; or

(b) A separate form prescribed by the Board.

3. A license to practice as a veterinarian, euthanasiatechnician or veterinary technician may not be issued or renewed by the Boardif 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, 2144; A 2005, 2744, 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 638.105 Admissionto practice without examination.

1. The Board may in its discretion license anapplicant solely on the basis of oral interviews and practical demonstrationsupon sufficient proof that the applicant has, within the previous 5 years, successfullypassed any examination approved by:

(a) The Board; and

(b) A national testing service for veterinary medicinethat has been approved by the Board.

2. The Board may, upon payment of the fee prescribedunder NRS 638.100, license withoutexamination any person who is a diplomate from an approved specialty board ofthe American Veterinary Medical Association. The veterinary practice of anyperson who is licensed pursuant to this subsection is limited to the specialtyin which the person is certified. If an applicant for a license under this sectionis denied a license, any fee tendered by him may be returned to him at the discretionof the Board.

[Part 5:17:1919; A 1951, 63](NRS A 1960, 413; 1975,1151; 1995, 1680; 1999,184)

NRS 638.110 Examinationfor license.

1. Except as otherwise provided by NRS 638.105, each applicant for an initiallicense must pass:

(a) The state examination administered by the Board;and

(b) Any other examination approved by the Board and anational testing service for veterinary medicine that has been approved by theBoard.

2. The Board shall adopt regulations prescribing therequirements for the examination of an applicant.

3. The written examination required of an applicantmay be supplemented by such oral interviews and practical demonstrations as theBoard considers necessary.

4. If the Board denies an applicant a license becausethe applicant did not comply with the requirements of this section, the Boardis not required to return the fee submitted with his application.

[Part 5:17:1919; A 1951, 63](NRS A 1960, 413; 1975,1151; 1995, 1680; 1999,185)

NRS 638.116 Euthanasiatechnician: Application for license; qualifications; fee.

1. Any person who desires to secure a license as aeuthanasia technician must make written application to the Executive Directorof the Board.

2. The application must be accompanied by satisfactoryproof that the applicant:

(a) Is of good moral character.

(b) Is a citizen of the United States or is lawfullyentitled to remain and work in the United States.

(c) Is employed by a law enforcement agency, an animalcontrol agency, or by a society for the prevention of cruelty to animals thatis in compliance with the provisions of chapter574 of NRS.

(d) Has not been convicted of a felony.

(e) Has furnished any other information required by theBoard.

3. The application must be accompanied by:

(a) A fee to be set by the Board in an amount not toexceed $500; and

(b) All information required to complete theapplication.

(Added to NRS by 1989, 537; A 1995, 1680; 1997, 2146;2005, 2745, 2807)

NRS 638.117 Euthanasiatechnician: Examination.

1. The Board shall examine every applicant for alicense as a euthanasia technician in order to determine his qualifications, andmay issue or deny a license on the basis of the examination. All examinees mustbe tested by a written examination which may be supplemented by oral interviewsand practical demonstrations as the Board considers necessary.

2. The Board may waive the practical examinationrequirements of subsection 1 if an applicant submits to the Board proof that heis licensed by an agency which the Board determines has substantiallyequivalent examination requirements as the practical examination requirementsof the Board.

(Added to NRS by 1989, 537; A 1995, 1681)

NRS 638.118 Euthanasiatechnician: Duties upon cessation of qualified employment. A euthanasia technician shall surrender his license to theBoard, and notify the State Board of Pharmacy, when he ceases to be employed bya law enforcement agency, an animal control agency, or by a society for theprevention of cruelty to animals that is in compliance with the provisions of chapter 574 of NRS.

(Added to NRS by 1989, 537)

NRS 638.119 Euthanasiatechnician: Regulations. The Board may adoptregulations governing the tasks and procedures that may be performed by aeuthanasia technician.

(Added to NRS by 1989, 537)

NRS 638.122 Veterinarytechnicians: Application for license; qualifications; fee.

1. Any person who desires to secure a license as aveterinary technician must make written application to the Executive Directorof the Board.

2. The application must be accompanied by satisfactoryproof that the applicant:

(a) Is of good moral character.

(b) Has received a diploma conferring the degree ofveterinary technician or its equivalent after having completed a college levelcourse at a school approved by the Board.

(c) Is a citizen of the United States or is lawfullyentitled to remain and work in the United States.

(d) Has furnished any other information required by theBoard.

3. The application must be accompanied by:

(a) A fee to be set by the Board in an amount not toexceed $500; and

(b) All information required to complete the application.

(Added to NRS by 1975, 1146; A 1985, 1253; 1995,1681; 1997, 2146; 2005,2745, 2807)

NRS 638.123 Veterinarytechnicians: Examination.

1. Each applicant for a license as a veterinarytechnician must pass:

(a) The state examination administered by the Board;and

(b) The Veterinary Technician National Examination orany other examination approved by the Board.

2. The Board may supplement the written examinationrequired by this section with oral interviews and practical demonstrations asthe Board considers necessary.

3. The Board shall adopt regulations prescribing therequirements for examination.

(Added to NRS by 1975, 1147; A 1995, 1681; 2003, 1225)

NRS 638.124 Veterinarytechnicians: Regulations of Board; responsibility of supervising veterinarian.

1. The Board shall adopt regulations pertaining to andlimiting the activities of veterinary technicians.

2. Regulations adopted by the Board pursuant to thissection do not reduce the responsibility of the licensed veterinarian for actsperformed by the veterinary technician on his behalf and under his supervisionand control.

(Added to NRS by 1975, 1147; A 1995, 1682)

NRS 638.125 Practiceby veterinarians licensed by adjoining states in areas not adequately served;conditions. Unless the Board finds, after thefiling with the Board of a protest by a person licensed under the provisions ofthis chapter, that the area involved is adequately served by a person orpersons licensed under the provisions of this chapter, any veterinarian whoresides in an adjoining state, and whose area of practice reasonably extends topoints within this State, may practice veterinary medicine, surgery, obstetricsor dentistry within this State if:

1. The greater portion of his practice is in the stateof his residence.

2. He does not open or maintain an office or branchoffice within this State.

3. He is licensed to practice veterinary medicine,surgery, obstetrics and dentistry in the state wherein he resides.

(Added to NRS by 1960, 414)

NRS 638.127 Renewalof license; penalty for delinquency; examination before renewal; limitation onissuance of license by reciprocity.

1. On or before November 15 of each year, theExecutive Director shall mail to each person licensed under the provisions ofthis chapter an application form for the renewal of his license.

2. Each applicant for renewal must complete the formand return it to the Executive Director, accompanied by all informationrequired to complete the renewal, the renewal fee and full payment of all fineswhich he owes to the Board, on or before January 1 of each year. Eachapplication for renewal must be signed by the applicant. The renewal fee forlicensees and persons on inactive status must be in an amount determined by theBoard.

3. Upon receipt of the application and all requiredinformation and payment of the renewal fee and all fines owed, the Board shallissue to that person a certificate of renewal.

4. Any person who fails to renew his license on orbefore March 1 of each year forfeits his license.

5. When a person has forfeited his license in themanner provided in subsection 4, the Board may reinstate the license and issuea certificate of renewal upon receipt of all information required to completethe renewal and payment of:

(a) The renewal fee;

(b) All fines owed; and

(c) A delinquency penalty of $50 for each month orfraction thereof the license was not renewed after January 1.

6. If a licensee does not practice for more than 12consecutive months, the Board may require him to take an examination todetermine his competency before renewing his license.

7. If a licensee does not renew his license and he islicensed to practice in another state or territory of the United States, theBoard may not issue him a license to practice in the State by reciprocity. Sucha licensee must reinstate his license in the manner prescribed by the Board.

(Added to NRS by 1960, 414; A 1975, 1151; 1981, 55;1985, 1254; 1989, 538; 1991, 2069; 1995, 1682; 1997, 2147; 2003, 1225; 2005, 2746, 2807)

NRS 638.128 Placementof license on inactive status: Application; qualifications; effect;regulations.

1. A licensed veterinarian may apply to the Board tobe placed on inactive status. The Board may grant the application if theapplicant has:

(a) A medical disability as determined by the Board;

(b) Changed the location of his practice of veterinarymedicine from this State to another state or country;

(c) Never engaged in the practice of veterinarymedicine in this State after licensure; or

(d) Ceased to engage in the practice of veterinarymedicine in this State for 12 consecutive months,

and, as ofthe date of the application, has met all requirements for the issuance orrenewal of a license to practice veterinary medicine.

2. If the application is granted, the applicant shallnot engage in the practice of veterinary medicine in this State unless he isreturned to active status.

3. A person whose license has been placed on inactivestatus pursuant to this section is exempt from any requirements for continuingeducation.

4. The Board shall adopt regulations prescribing the:

(a) Procedures for making an application pursuant tothis section;

(b) Procedures and terms upon which a person whoselicense has been placed on inactive status may resume the practice ofveterinary medicine; and

(c) Fees for renewal of inactive status.

(Added to NRS by 1991, 2067; A 1995, 1682)

NRS 638.129 Removalof limitation or suspension of license; reinstatement of revoked license.

1. Any person:

(a) Whose practice of veterinary medicine has beenlimited; or

(b) Whose license to practice veterinary medicine hasbeen suspended until further order or revoked,

may apply tothe Board after a reasonable period for removal of the limitation or suspensionor may apply to the Board pursuant to the provisions of chapter 622A of NRS for reinstatement of hisrevoked license.

2. In hearing the application, the Board:

(a) May require the person to submit to a mental orphysical examination by physicians whom it designates or to an examinationtesting his competence by other persons whom it designates, and submit suchother evidence of changed conditions and of fitness as it considers proper;

(b) Shall determine whether under all the circumstancesthe time of the application is reasonable; and

(c) May deny the application or modify or rescind itsorder as the evidence warrants.

(Added to NRS by 1985, 1249; A 2005, 777)

NRS 638.131 Provisionof regulations to licensees. A copy of theregulations of the Board governing the sanitary conditions of facilities inwhich veterinary medicine is practiced must be furnished to each person to whoma license is issued for the practice of veterinary medicine pursuant to thischapter.

(Added to NRS by 1985, 1251)

NRS 638.132 Boardto adopt regulations for licensure of facility in which veterinary medicine ispracticed. The Board shall adopt regulationswhich prescribe the requirements for the licensure of a facility in whichveterinary medicine is practiced, including, without limitation, the fee forthe issuance and renewal of a license.

(Added to NRS by 1995, 1675)

NRS 638.133 Dutyto report claim for malpractice or negligence and disposition. Every veterinarian or veterinary technician licensedpursuant to this chapter shall report to the Board any claim for malpractice ornegligence filed against him and its disposition within 90 days after the claimis filed and after its disposition.

(Added to NRS by 1985, 1250; A 1995, 1683)

NRS 638.134 Dutyto recommend vaccinations for zoonotic diseases; duty to provide veterinaryservices at level of quality required by chapter.

1. Each licensed veterinarian to whom an animal isbrought for treatment shall recommend to the owner of the animal or to theperson delivering the animal for treatment that the animal receive thevaccinations for zoonotic diseases that are recommended by the Centers forDisease Control and Prevention of the United States Department of Health andHuman Services. The vaccinations must be administered by a licensedveterinarian or under the direct supervision of a licensed veterinarian. TheBoard may adopt regulations to ensure compliance with the provisions of thissubsection.

2. A licensed veterinarian who agrees to performveterinary services on an animal shall provide the services at the level ofquality required by this chapter regardless of the fee, if any, which theveterinarian charges for his services. A violation of this subsection is aground for disciplinary action.

(Added to NRS by 1995, 1675)

DISCIPLINARY ACTION

Grounds

NRS 638.140 Statutory or regulatory violations;criminal offenses; improper or unlawful acts involving controlled substances;incompetence, negligence or malpractice; other grounds. The following acts, among others, are grounds fordisciplinary action:

1. Violationof a regulation adopted by the State Board of Pharmacy or the Nevada StateBoard of Veterinary Medical Examiners;

2. Habitualdrunkenness;

3. Addictionto the use of a controlled substance;

4. Convictionof or a plea of nolo contendere to a felony related to the practice ofveterinary medicine, or any offense involving moral turpitude;

5. Incompetence;

6. Negligence;

7. Malpracticepertaining to veterinary medicine as evidenced by an action for malpractice inwhich the holder of a license is found liable for damages;

8. Convictionof a violation of any law concerning the possession, distribution or use of acontrolled substance or a dangerous drug as defined in chapter 454 of NRS;

9. Willfulfailure to comply with any provision of this chapter, a regulation, subpoena ororder of the Board, the standard of care established by the American VeterinaryMedical Association or an order of a court;

10. Prescribing,administering or dispensing a controlled substance to an animal to influencethe outcome of a competitive event in which the animal is a competitor;

11. Willfulfailure to comply with a request by the Board for medical records within 14days after receipt of a demand letter issued by the Board;

12. Willfulfailure to accept service by mail or in person from the Board;

13. Failure ofa supervising veterinarian to provide immediate or direct supervision tolicensed or unlicensed personnel if the failure results in malpractice or thedeath of an animal; and

14. Failure of a supervising veterinarian to ensurethat a licensed veterinarian is on the premises of a facility or agency whenmedical treatment is administered to an animal if the treatment requires director immediate supervision by a licensed veterinarian.

[Part 5:17:1919; A 1951, 63](NRS A 1965, 366; 1971,2039; 1975, 1147, 1152; 1985, 1254; 1987, 803, 1565; 1995, 1683; 1999, 185; 2003, 2713)

NRS 638.1402 Fraudulentacts. The following acts, among others, aregrounds for disciplinary action:

1. Fraud or misrepresentation to secure a license;

2. Conspiring to commit fraud, forgery or deception inconnection with an examination for a license;

3. Swearing falsely in any testimony or affidavitrelating to or in the course of the practice of veterinary medicine; and

4. Engaging in any conduct likely to deceive, defraudor harm the public, including the dissemination of information by aveterinarian, licensee of a facility or agency or an employee of either,concerning the services of the licensee which is false or misleading and whichthe person knew or should have known was false or misleading.

(Added to NRS by 1985, 1249; A 1995, 1684)

NRS 638.1404 Claimingprofessional superiority; accepting money to cure manifestly incurable disease;participating in agreement to split fees or provide rebates in connection withreferral of client without informing client of agreement. The following acts, among others, are grounds fordisciplinary action:

1. Claiming or implying professional superiority overother licensees;

2. Accepting money to cure permanently a manifestlyincurable disease; and

3. Participating in an agreement with otherveterinarians or licensees of a facility or agency if:

(a) The agreement is to split fees or provide rebatesin connection with the referral of a client; and

(b) The client has not been informed of the agreement.

(Added to NRS by 1985, 1249; A 1995, 1684)

NRS 638.1406 Allowingimproper use of name; unlawful professional association; failure to reportrevocation of license to practice in another state, territory or district ofUnited States. The following acts, amongothers, are grounds for disciplinary action:

1. Allowing ones name to be used as a veterinarian oras a veterinary technician by another person who is not licensed or permittedto practice in this State;

2. Having professional association with or employingany person claiming to be a veterinarian or veterinary technician unlawfully;and

3. Failure to report, within 30 days, the revocationof a license to practice veterinary medicine or as a veterinary technician inanother state, territory or district of the United States on grounds other thannonpayment of a fee.

(Added to NRS by 1985, 1249; A 1995, 1684)

NRS 638.1408 Failureto maintain facilities in sanitary condition; failure to maintain or alterationof records; filing false report or failing to make required report; inhumane orcruel treatment of animals. The followingacts, among others, are grounds for disciplinary action:

1. Failure of a licensee to maintain his facilitiesand premises in a clean and sanitary condition;

2. Failure to maintain records relating to thediagnosis, treatment and care of an animal;

3. Altering the records of an animal;

4. Making or filing a report which the licensee knowsto be false;

5. Willful failure to report any dangerous, infectiousor contagious disease or the results of any medical test as required by law; or

6. Willfully committing any inhumane or cruel act onany animal.

(Added to NRS by 1985, 1250)

Complaints, Investigations and Summary Orders

NRS 638.1413 Filingof complaint; investigation by Board; contents of notice sent by ExecutiveDirector.

1. The Board or any of its members who becomes awareof any fact which may be any one or a combination of the grounds for initiatingdisciplinary action shall, and any other person who is so aware may, file withthe Board a written complaint specifying the relevant facts.

2. The Board may, upon its own motion, and shall, uponreceipt of such a complaint, investigate the actions of any applicant for alicense or any holder of a license issued pursuant to the provisions of thischapter.

3. The Executive Director shall send written notice bycertified mail with return receipt requested to the person being investigated.The notice must contain the name of the person who filed the complaint againstthe licensee, the nature of the complaint and a request for any medical recordsthe licensee may have relating to the complaint.

(Added to NRS by 1985, 1245; A 1995, 1684; 2003, 1225)

NRS 638.1416 Physicalexamination of animal after filing of complaint concerning care of animal. Any person who files with the Board a verified complaintabout the care given to his animal by a licensee may present the animal for aphysical examination. The Board may:

1. Schedule the examination at a reasonable time andplace;

2. Notify the complainant at least 5 days before theexamination; and

3. Pay the cost of the examination.

(Added to NRS by 1985, 1250)

NRS 638.1419 Conductof investigation. The Board shall appoint oneof its members to conduct the investigation of a complaint. The memberconducting the investigation may request assistance from the Attorney Generalor the Executive Director of the Board, and may employ investigators,professional consultants and any other personnel necessary to conduct theinvestigation.

(Added to NRS by 1985, 1245; A 1995, 1685; 2003, 1226)

NRS 638.142 Mentalor physical examination; examination of competency to practice.

1. If the Board has reason to believe that the conductof any veterinarian or veterinary technician has raised a reasonable questionas to his competence to practice veterinary medicine or to act as a veterinarytechnician with reasonable skill and safety to animals, it may order thatperson to undergo a mental or physical examination or an examination testinghis competence to practice veterinary medicine or to act as a veterinarytechnician. The examination must be conducted by physicians or other personsdesignated by the Board to assist it in determining the fitness of that personto practice veterinary medicine or to act as a veterinary technician.

2. Every veterinarian or veterinary technician whoaccepts a license issued pursuant to this chapter shall be deemed to have givenhis consent to submit to a mental or physical examination or an examinationtesting his competence when directed to do so in writing by the Board.

3. If the Board directs a licensee to submit to amental or physical examination or an examination testing his competence, theexamination must be held and the results returned to the Board not later than60 days after the Board issues the order.

4. The testimony or reports of the examiningphysicians or other persons designated by the Board are privilegedcommunication, except as to proceedings conducted pursuant to this chapter.

5. Except in extraordinary circumstances, asdetermined by the Board, the failure of a person licensed under this chapter tosubmit to an examination when directed as provided in this section constitutesa ground for the immediate suspension of his license.

(Added to NRS by 1985, 1247; A 1995, 1685)

NRS 638.1423 Summaryorder of suspension or prohibition; hearing; investigation; order. Notwithstanding the provisions of chapter 622A of NRS:

1. If the Board receives information that aveterinarian or veterinary technician is causing, allowing or maintaining anycondition or activity which is an immediate threat to the welfare of an animal,it may, without a hearing, suspend his license or prohibit the use of certainprocedures or any dangerous activity. The Board shall notify the veterinarianor veterinary technician within 2 days after taking the action.

2. The Board shall, within 14 days after notifying theveterinarian or veterinary technician, hold an informal hearing to determine ifcause exists to extend the order. The veterinarian or veterinary technician maypresent evidence at that hearing. After the hearing the Board may extend theorder for no more than 60 days.

3. The issuance or extension of the order is not anadjudication on the merits. During the period of suspension, the Board shallinvestigate further and if it decides it is necessary, hold a formal hearingwhich must take priority over any other proceeding before the Board. If theBoard finds, after the formal hearing, that the licensee is causing, allowingor maintaining any condition or activity which is an immediate threat to thewelfare of an animal, it shall issue an order stating its findings and theaction taken.

(Added to NRS by 1985, 1247; A 1995, 1685; 2005, 778)

NRS 638.1429 Procedureafter investigation completed.

1. After the investigation of the complaint iscompleted, the member of the Board who conducted the investigation shall submitto the Board a written report of his findings and recommendations concerningthe disposition of the complaint.

2. If the Board determines that there is notsufficient evidence to believe that a licensee has committed an act whichconstitutes a cause for disciplinary action, the Board shall dismiss thecomplaint and send a written notice to the person who filed the complaint andthe licensee who was the subject of the investigation that the complaint wasdismissed.

3. If the Board determines that there is sufficientevidence to believe that a licensee has committed an act which constitutes aground for disciplinary action, the Board may enter into a settlement agreementwith the licensee. The settlement agreement must be signed by the licensee andthe President of the Board. The Board shall send a written notice of thesettlement to the person who filed the complaint against the licensee. Thenotice must include a copy of the settlement agreement. The complaint and thesettlement agreement are public records.

(Added to NRS by 1985, 1245; A 1995, 1686; 2003, 1226; 2005, 778)

NRS 638.144 Issuanceand enforcement of subpoenas.

1. The Board, or a member assigned to investigate acomplaint, may issue subpoenas to compel the attendance of witnesses and theproduction of books, records, papers and any other article related to thepractice of veterinary medicine.

2. If any witness refuses to attend or testify orproduce any article as required by the subpoena, the Board may report to thedistrict court in the county in which the hearing is pending, by petitionsetting forth that:

(a) Due notice has been given of the time and place ofattendance of the witness or the production of the required articles;

(b) The witness has been subpoenaed pursuant to thissection; and

(c) The witness has failed or refused to attend orproduce the articles required by the subpoena, or has refused to answer questionspropounded to him,

and askingfor an order of the court compelling the witness to attend and testify beforethe Board or produce the articles as required by the subpoena.

3. Upon receiving the petition, the court may enter anorder directing the witness to appear before the court at a time and place tobe fixed by the court in its order, the time to be not more than 10 days fromthe date of the order, and then and there show cause why he has not attended ortestified before the Board or produced the articles as required by thesubpoena. A certified copy of the order must be served upon the witness.

4. If it appears to the court that the subpoena wasregularly issued by the Board, the court shall enter an order that the witnessappear before the Board at the time and place fixed in the order and testify orproduce the required articles, and upon failure to obey the order the witnessmay be dealt with as for contempt of court.

(Added to NRS by 1981, 54; A 1985, 1255)

NRS 638.1445 Searchwarrant. In a manner consistent with theprovisions of chapter 622A of NRS, the Boardmay request and obtain a search warrant from a magistrate upon a showing thatthe warrant is needed to carry out an order of the Board or for aninvestigation or hearing being conducted by the Board and that reasonable causeexists to issue the warrant.

(Added to NRS by 1985, 1250; A 2005, 779)

Disciplinary Proceedings

NRS 638.145 Evidentiarystandard for refusing to issue license or taking disciplinary action. The Board shall not refuse to issue a license to anapplicant or take any disciplinary action against a licensee unless the Board finds,by substantial evidence, that the applicant or licensee has engaged in one ormore of the practices prohibited by the provisions of this chapter.

(Added to NRS by 1975, 1147; A 1985, 1256; 2003, 1227; 2005, 779)

NRS 638.146 Rightof person charged to hearing; continuation; reopening.Repealed. (See chapter 225, Statutes of Nevada 2005,at page 807.)

 

NRS 638.147 Authorizeddisciplinary action; private reprimands prohibited; orders imposing disciplinedeemed public records.

1. If the Board determines that any applicant for alicense or any person licensed pursuant to this chapter has committed any ofthe acts which are grounds for disciplinary action, the Board may:

(a) Refuse to issue a license.

(b) Refuse to renew a license.

(c) Revoke a license.

(d) Suspend a license for a definite period or untilfurther order of the Board.

(e) Impose a fine in an amount not to exceed $10,000for each act which constitutes a ground for disciplinary action.

(f) Place a licensee on probation subject to anyreasonable conditions imposed by the Board, including requiring courses incontinuing education or a periodic or continuous review of his practice.

(g) Administer a public reprimand.

(h) Limit the practice of the licensee to specifiedbranches of veterinary medicine.

(i) Require the licensee to take a competencyexamination or a mental or physical examination.

2. The Board shall not administer a private reprimand.

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

(Added to NRS by 1975, 1147; A 1981, 56; 1985, 1256;1995, 1686; 2003,3454)

NRS 638.1471 Issuanceof citation by Board containing order of abatement or order to payadministrative fine; contents; penalty for failure to comply; regulations. Notwithstanding the provisions of chapter 622A of NRS:

1. The Board may issue to a licensee a citation whichmay contain an order of abatement or an order to pay an administrative fineassessed by the Board when the licensee is in violation of any provision ofthis chapter or any regulation adopted by the Board.

2. A citation must be in writing and describe withparticularity the nature of the violation, including specific reference to theprovision of law or the regulation determined to have been violated, and theamount of the fine, if any. A citation must be issued for each violation of thischapter or any regulation adopted by the Board.

3. Where appropriate, the citation must contain anorder of abatement fixing a reasonable time for abatement of the violation.

4. The administrative fine assessed by the Board mustnot exceed $5,000 for each violation. In assessing a fine the Board shall giveconsideration to the appropriateness of the amount of the fine with respect tosuch factors as the gravity of the violation, the good faith of the licenseeand the history of previous violations.

5. A citation must inform the licensee that if hedesires a hearing to contest the finding of a violation or the amount of thefine assessed, the hearing must be requested by written notice to the Boardwithin 30 days after the date of issuance of the citation. If a hearing is notrequested pursuant to this section, a settlement does not constitute anadmission of the violation charged unless the settlement agreement stipulatesto such an admission.

6. Failure of a licensee to pay a fine within 30 daysafter the date of assessment, unless the citation is being appealed, may resultin disciplinary action being taken by the Board. Where a citation is notcontested and a fine is not paid, the full amount of the fine that is assessedmust be added to the fee for renewal of the license. A license must not berenewed without payment of the renewal fee and fine.

7. Notwithstanding any other provision of law, where afine is paid to satisfy an assessment based on the finding of a violation,payment of the fine constitutes a satisfactory resolution of the matter forpurposes of public disclosure of the disposition of the violation.

8. The Board may adopt regulations to carry out thissection. It may also adopt regulations to establish similar provisions for theissuance of a citation to a person who is practicing veterinary medicinewithout a license.

(Added to NRS by 1991, 2068; A 1995, 1687; 2005, 779)

NRS 638.1473 Expensesof Board; deposit of money collected or received by Board or its delegate;delegation of Boards authority to take disciplinary action; presentation ofclaim for payment of attorneys fees and cost of investigation.

1. Except as otherwise provided in subsection 4, allreasonable expenses incurred by the Board in carrying out the provisions ofthis chapter must be paid from the money which it receives. No part of thesalaries or expenses of the Board may be paid out of the State General Fund.

2. Except as otherwise provided in this section, allmoney collected by the Board from the imposition of fines must be depositedwith the State Treasurer for credit to the State General Fund. All other moneyreceived by the Board must be deposited in qualified banks, credit unions orsavings and loan associations in this State and paid out on its order for itsexpenses.

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 fines therefor and deposit themoney therefrom in banks, credit unions or savings and loan associations inthis 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 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.

(Added to NRS by 1985, 1246; A 1995, 1688; 1999, 1535; 2005, 780)

NRS 638.1476 Decisionof hearing officer or panel final; appeal to Board. Repealed.(See chapter 225, Statutesof Nevada 2005, at page 807.)

 

NRS 638.1479 Licenseesstatement after Boards order; consideration by Board.Repealed. (See chapter 225, Statutes of Nevada 2005,at page 807.)

 

NRS 638.148 Judicialreview.

1. Any person against whom disciplinary action hasbeen taken by the Board is entitled to judicial review of the Boards order.

2. Every order of the Board imposing a sanctionpursuant to NRS 638.147 is effectivefrom the date the President and Executive Director certify the order until thedate the order is modified or reversed by a final judgment of the court.

(Added to NRS by 1985, 1248; A 1989, 1658; 1995,1688; 2003, 1227)

Miscellaneous Provisions

NRS 638.151 Representationof Board at hearing. In a manner consistentwith the provisions of chapter 622A of NRS,at all hearings the Attorney General, or an attorney employed by the Board,shall represent the Board.

(Added to NRS by 1985, 1246; A 2005, 780)

NRS 638.1515 Requirementsfor proof.

1. Notwithstanding the provisions of chapter 622A of NRS, in any disciplinaryproceeding:

(a) Proof of actual injury need not be establishedwhere the charge is deceptive or unethical professional conduct.

(b) If proof of actual injury is an issue, proof ofactual injury may be established by the testimony and opinion of a witness whois not an expert witness.

(c) A certified copy of the record of a court or alicensing agency showing a conviction or the suspension, limitation,modification, denial or revocation of a license of a veterinarian or veterinarytechnician is conclusive evidence of its occurrence. A plea of nolo contendereis a conviction for the purpose of this section.

2. As used in this section, actual injury means anytype of injury, abuse or mistreatment, whether or not the injury, abuse ormistreatment results in substantial or permanent physical harm or death.

(Added to NRS by 1985, 1248; A 1995, 1688; 2003, 1227; 2005, 780)

NRS 638.152 Immunityfrom civil action. In addition to any otherimmunity provided by the provisions of chapter622A of NRS, the Board, a veterinary society, or any person who or otherorganization which initiates or assists in any lawful investigation orproceeding concerning a veterinarian or veterinary technician, is immune fromany civil action for that initiation or assistance or any consequentialdamages, if the person or organization acted without malicious intent.

(Added to NRS by 1985, 1249; A 1995, 1689; 2005, 781)

NRS 638.1525 Unlawfulfor licensee to provide medical assistance, treatment or counsel to humanbeing; exception; ground for disciplinary action; suspension of license;penalty.

1. Except as otherwise provided in NRS 41.500, a person licensed pursuant tothe provisions of this chapter shall not provide medical assistance, treatmentor counsel to a human being. Such conduct is a ground for disciplinary action.

2. The Board shall immediately suspend the license ofa person who violates the provisions of this section.

3. Any person who violates the provisions of thissection is guilty of a category D felony and shall be punished as provided in NRS 193.130.

4. The Board may report an alleged violation of thissection to the Attorney General or any district attorney. Upon receiving areport from the Board, the Attorney General or district attorney shallinstitute necessary proceedings in a court of competent jurisdiction againstthe person responsible for the alleged violation of this section.

(Added to NRS by 1995, 1675; A 1997, 540, 1192)

NRS 638.1527 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 veterinarian, euthanasia technician or veterinarytechnician, 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 thelicense by 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 veterinarian, euthanasia technician or veterinary technician that has beensuspended by a district court pursuant to NRS425.540 if the Board receives a letter issued by the district attorney orother public agency pursuant to NRS 425.550to the person whose license was suspended stating that the person whose licensewas suspended has complied with the subpoena or warrant or has satisfied thearrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2145; A 2005, 2807)

ENFORCEMENT; PENALTIES

NRS 638.153 Criminalprosecution not precluded by disciplinary action. Notwithstandingthe provisions of chapter 622A of NRS, thefiling and review of a complaint, its dismissal without further action or itstransmittal to the Attorney General, and any subsequent disposition by theBoard, the Attorney General or any reviewing court do not preclude anyappropriate criminal prosecution by the Attorney General or a district attorneybased upon the same or other facts.

(Added to NRS by 1985, 1249; A 2005, 781)

NRS 638.155 Injunctiverelief for violations of chapter. Whenever anyperson has violated or is about to violate any of the provisions of thischapter, the district court of any county, on application of the Board, mayissue an injunction or other appropriate order restraining the act or practice.

(Added to NRS by 1981, 55)

NRS 638.1551 Injunctiverelief for unprofessional conduct.

1. In addition to any other remedy provided by law,the Board, through its President or the Attorney General, may apply to a courtto enjoin any unprofessional conduct of a veterinarian or veterinarytechnician, or to limit his practice or suspend his license.

2. The court may issue a temporary restraining orderor a preliminary injunction for such purposes:

(a) Without proof of actual damage sustained by anyperson, this provision being a preventive as well as punitive measure; and

(b) Pending proceedings for disciplinary action by theBoard. Such proceedings must be instituted and determined as promptly aspracticable.

(Added to NRS by 1985, 1246; A 1995, 1689)

NRS 638.1555 Allegationnecessary for injunction. Any person seekingto enjoin another person from acting as a veterinarian or veterinary technicianwithout a license need allege only that the other person did, on a specifieddate in this State, so act without having a license.

(Added to NRS by 1985, 1251; A 1995, 1689)

NRS 638.160 Prosecutionof violators by Attorney General or district attorneys. Notwithstanding the provisions of chapter 622A of NRS, when requested by theBoard, the Attorney General or the district attorneys of the respectivecounties of this State shall prosecute violators of this chapter.

[Part 9:17:1919; 1919 RL p. 3206; NCL 7798](NRS A1975, 1152; 2005, 781)

NRS 638.170 Penalties.

1. Except as otherwise provided in subsections 2 and 3of this section and NRS 638.1525, aperson who violates any of the provisions of this chapter is guilty of amisdemeanor.

2. A person who practices veterinary medicine, withouta license issued pursuant to the provisions of this chapter, is guilty of acategory D felony and shall be punished as provided in NRS 193.130.

3. A person who practices as a veterinary technician,without a license issued pursuant to the provisions of this chapter, shall bepunished by imprisonment in the county jail for not more than 1 year, or by afine of not more than $2,000, or by both fine and imprisonment.

[Part 9:17:1919; 1919 RL p. 3206; NCL 7798](NRS A1985, 1257; 1995, 1311, 1689; 1997, 540)

 

Disclaimer: These codes may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.