2005 Nevada Revised Statutes - Chapter 640 — Physical Therapists

CHAPTER 640 - PHYSICAL THERAPISTS

GENERAL PROVISIONS

NRS 640.011 Definitions.

NRS 640.013 Boarddefined.

NRS 640.016 Immediatesupervision defined.

NRS 640.021 Physicaltherapist defined.

NRS 640.0213 Physicaltherapists assistant defined.

NRS 640.0216 Physicaltherapists technician defined.

NRS 640.022 Physicaltherapy defined.

NRS 640.024 Practiceof physical therapy defined.

NRS 640.026 Supervisingphysical therapist defined.

NRS 640.029 Applicabilityof chapter.

STATE BOARD OF PHYSICAL THERAPY EXAMINERS

NRS 640.030 Creation;qualifications, terms and removal of members; representative of public not toparticipate in examination; quorum; personal liability.

NRS 640.045 Compensationof members and employees.

NRS 640.050 Powersand duties.

NRS 640.060 Approvalof schools of physical therapy.

NRS 640.065 Fiscalyear.

NRS 640.070 Depositof fees; expenses; delegation of authority to take disciplinary action; depositof fines imposed by Board; claims for attorneys fees and costs ofinvestigation.

NRS 640.075 Confidentialityof certain records of the Board; exceptions.

LICENSING

NRS 640.080 Qualifications.

NRS 640.090 Application:Contents; fee.

NRS 640.095 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 640.095 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 certainprocesses relating to paternity or child support proceedings and expires bylimitation 2 years after that date.]

NRS 640.100 Examinationand reexamination of applicants: Time; scope; fee.

NRS 640.110 Issuanceand display of license; fee for replacement of lost license or to change name.

NRS 640.120 Temporarylicense for medical emergency; temporary exemptions from licensing for certainstudents and applicants.

NRS 640.140 Licensingof physical therapist licensed in another state or territory.

NRS 640.150 Renewal;expiration and reinstatement; continuing education; fees.

DISCIPLINARY ACTION

NRS 640.160 Authorizedactions; grounds.

NRS 640.1605 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, occupationaland recreational licenses for child support arrearages and for noncompliancewith certain processes relating to paternity or child support proceedings.]

NRS 640.161 Complaint:Filing; contents; review by Board.

NRS 640.162 Commencementof disciplinary proceedings required for certain violations of IndustrialInsurance Act.

NRS 640.163 Subpoenas.

NRS 640.164 Feesand mileage for witness.

NRS 640.165 Depositions;taking of evidence in another state. [Repealed.]

NRS 640.166 Timefor decision of Board. [Repealed.]

NRS 640.167 Disciplinaryaction by hearing officer or panel: Procedural requirements; powers and dutiesof officer or panel; appeals. [Repealed.]

UNLAWFUL ACTS; ENFORCEMENT; PENALTIES

NRS 640.169 Unlawfulto practice physical therapy without license; exceptions; civil penalty.

NRS 640.170 Penaltyfor unauthorized use of letters, words or insignia.

NRS 640.180 Falseoath or affirmation; fraudulent representation to obtain license; penalty.

NRS 640.190 Restrictionon practice of other forms of healing.

NRS 640.210 Enforcement:Duties of Board; injunction.

PHYSICAL THERAPISTS ASSISTANTS

NRS 640.230 Qualificationsof applicant.

NRS 640.240 Requirementsfor educational curriculum.

NRS 640.250 Applicationfor license: Contents; fee.

NRS 640.260 Issuanceand display of license; fee for replacement of lost license or to change name;duration of validity of license.

NRS 640.270 Licensingof physical therapists assistant licensed in another state or territory.

NRS 640.275 Temporarylicense for medical emergency; temporary exemptions from licensing for certainstudents and applicants.

NRS 640.280 Renewalof license; expiration and reinstatement; continuing education; fees.

NRS 640.290 Supervision.

NRS 640.300 Penaltyfor unauthorized use of letters, words or insignia.

PHYSICAL THERAPISTS TECHNICIANS

NRS 640.310 Supervisionby physical therapist while performing treatments related to physical therapy.

_________

 

GENERAL PROVISIONS

NRS 640.011 Definitions. As used in this chapter, unless the context otherwiserequires, the terms defined in NRS 640.013to 640.026, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1971, 1124; A 1981, 933; 1989, 1574;1993, 2543)

NRS 640.013 Boarddefined. Board means the State Board ofPhysical Therapy Examiners.

(Added to NRS by 1971, 1124)

NRS 640.016 Immediatesupervision defined. Immediate supervisionmeans that a person is present and immediately available within the treatment areato give aid, direction and instruction to the person he is supervising.

(Added to NRS by 1993, 2543)

NRS 640.021 Physicaltherapist defined. Physical therapist meansa person who is licensed in accordance with the provisions of this chapter.

(Added to NRS by 1971, 1124; A 1989, 1574)

NRS 640.0213 Physicaltherapists assistant defined. Physical therapistsassistant means a person who assists in the practice of physical therapy underthe supervision of a licensed physical therapist and who is licensed under theprovisions of this chapter. The term is synonymous with physical therapistassistant.

(Added to NRS by 1981, 931; A 1989, 1574; 1993,2543)(Substituted in revision for NRS 640.023)

NRS 640.0216 Physicaltherapists technician defined. Physicaltherapists technician means an unlicensed person who performs certain limitedactivities at the direction of the physical therapist.

(Added to NRS by 1993, 2543)

NRS 640.022 Physicaltherapy defined. Physical therapy means thespecialty in the field of health which is concerned with prevention ofdisability and physical rehabilitation of persons having congenital or acquireddisabilities.

(Added to NRS by 1971, 1124; A 1981, 933)

NRS 640.024 Practiceof physical therapy defined. Practice ofphysical therapy:

1. Includes:

(a) The performing and interpreting of tests andmeasurements as an aid to evaluation or treatment;

(b) The planning of initial and subsequent programs oftreatment on the basis of the results of tests; and

(c) The administering of treatment through the use oftherapeutic exercise and massage, the mobilization of joints by the use oftherapeutic exercise without chiropractic adjustment, mechanical devices, andtherapeutic agents which employ the properties of air, water, electricity,sound and radiant energy.

2. Does not include:

(a) The diagnosis of physical disabilities;

(b) The use of roentgenic rays or radium;

(c) The use of electricity for cauterization orsurgery; or

(d) The occupation of a masseur who massages only thesuperficial soft tissues of the body.

(Added to NRS by 1981, 931; A 1985, 1411; 1993, 2543)

NRS 640.026 Supervisingphysical therapist defined. Supervisingphysical therapist means a physical therapist who supervises a physicaltherapists assistant or physical therapists technician.

(Added to NRS by 1989, 1574; A 1993, 2544)

NRS 640.029 Applicabilityof chapter. This chapter does not apply to anoccupational therapist, occupational therapy assistant or athletic trainer who:

1. Is licensed to practice in this state;

2. Practices within the scope of that license; and

3. Does not represent that he is a physical therapistor physical therapists assistant, or that he practices physical therapy.

(Added to NRS by 1991, 991; A 1993, 2544; 2003, 904)

STATE BOARD OF PHYSICAL THERAPY EXAMINERS

NRS 640.030 Creation;qualifications, terms and removal of members; representative of public not toparticipate in examination; quorum; personal liability.

1. The State Board of Physical Therapy Examiners,consisting of five members appointed by the Governor, is hereby created.

2. The Governor shall appoint:

(a) Four members who are licensed physical therapistsin the State of Nevada.

(b) One member who is a representative of the generalpublic. This member must not be:

(1) A physical therapist, a physical therapistsassistant or a physical therapists technician; or

(2) The spouse or the parent or child, by blood,marriage or adoption, of a physical therapist, a physical therapists assistantor a physical therapists technician.

3. The member who is a representative of the generalpublic shall not participate in preparing, conducting or grading anyexamination required by the Board.

4. No member of the Board may serve more than twoconsecutive terms.

5. The Governor may remove any member of the Board forincompetency, neglect of duty, gross immorality or malfeasance in office.

6. A majority of the members of the Board constitutesa quorum.

7. No member of the Board may be held liable in acivil action for any act which he has performed in good faith in the executionof his duties under this chapter.

[Part 3:364:1955](NRS A 1957, 77; 1977, 1257; 1981,933; 1989, 1574; 2003,1196)

NRS 640.045 Compensationof members and employees.

1. Each member of the Board is 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.

(Added to NRS by 1963, 157; A 1975, 305; 1981, 934,1994; 1989, 1702)

NRS 640.050 Powersand duties.

1. The Board shall examine and license qualifiedphysical therapists and qualified physical therapists assistants.

2. The Board may adopt reasonable regulations to carrythis chapter into effect, including, but not limited to, regulations concerningthe:

(a) Issuance and display of licenses.

(b) Supervision of physical therapists assistants andphysical therapists technicians.

(c) Treatments and other regulated procedures which maybe performed by physical therapists technicians.

3. The Board shall keep a record of its proceedingsand a register of all persons licensed under the provisions of this chapter.The register must show:

(a) The name of every living licensee.

(b) The last known place of business and residence ofeach licensee.

(c) The date and number of each license issued as aphysical therapist or physical therapists assistant.

4. During September of every year in which renewal ofa license is required, the Board shall compile a list of licensed physicaltherapists authorized to practice physical therapy and physical therapistsassistants licensed to assist in the practice of physical therapy in thisState. Any interested person in the State may obtain a copy of the list uponapplication to the Board and the payment of such amount as may be fixed by theBoard, which amount must not exceed the cost of the list so furnished.

5. The Board may:

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

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

(c) Adopt a seal of which a court may take judicialnotice.

6. Any member or agent of the Board may enter anoffice, clinic or hospital where physical therapy is practiced and inspect itto determine if the physical therapists are licensed.

7. Any member of the Board may administer an oath to aperson testifying in a matter that relates to the duties of the Board.

[Part 3:364:1955] + [4:364:1955](NRS A 1963, 157;1971, 1126; 1981, 934; 1989, 1575; 1993, 2544)

NRS 640.060 Approvalof schools of physical therapy. For thepurpose of NRS 640.080, the Board shallapprove any school or educational curriculum taught at a school if the schoolis accredited by an accrediting agency recognized by the Board.

[19:364:1955](NRS A 1981, 934; 1989, 1576; 2005, 695)

NRS 640.065 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, 157)

NRS 640.070 Depositof fees; expenses; delegation of authority to take disciplinary action; depositof fines imposed by Board; claims for attorneys fees and costs of investigation.

1. All fees collected under this chapter must bedeposited by the Board in banks, credit unions or savings and loan associationsin the State of Nevada.

2. All expenses incident to the operation of thischapter must be paid from the revenue derived therefrom.

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 and impose and collect administrative fines therefor.If the Board so delegates its authority, the Board may deposit the money fromthe fines in banks, credit unions or savings and loan associations in thisState for the support of the Board. In addition, the hearing officer or panelmay assess a licensee against whom disciplinary action is taken any costs andfees incurred by the Board as a result of the hearing. The money from thereimbursed costs and fees may also be deposited for use by the Board.

4. If a hearing officer or panel is not authorized totake disciplinary action pursuant to subsection 3, the Board shall deposit themoney collected from the imposition of administrative fines with the StateTreasurer for credit to the State General Fund. The Board may present a claimto the State Board of Examiners for recommendation to the Interim FinanceCommittee if money is needed to pay attorneys fees or the costs of aninvestigation, or both.

[13:364:1955](NRS A 1963, 158; 1983, 1541; 1993,2545; 1999, 1535;2005, 781)

NRS 640.075 Confidentialityof certain records of the 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 made publicrecords.

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 enforcementagency.

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

(Added to NRS by 1989, 1574; A 2003, 3455; 2005, 781)

LICENSING

NRS 640.080 Qualifications. To be eligible for licensure by the Board as a physicaltherapist, an applicant must:

1. Be of good moral character;

2. Have graduated from a school in which he completeda curriculum of physical therapy approved by the Board; and

3. Pass to the satisfaction of the Board anexamination designated by the Board, unless he is entitled to licensure withoutexamination as provided in NRS 640.120or 640.140.

[5:364:1955](NRS A 1975, 1296; 1981, 934; 1989,1576)

NRS 640.090 Application:Contents; fee. Unless he is entitled tolicensure under NRS 640.120 or 640.140, a person who desires to belicensed as a physical therapist must:

1. Apply to the Board, in writing, on a form furnishedby the Board;

2. Include in the application evidence, under oath,satisfactory to the Board, that he possesses the qualifications required by NRS 640.080 other than having passed theexamination;

3. Pay to the Board at the time of filing hisapplication a fee set by a regulation of the Board in an amount not to exceed$300;

4. Submit to the Board with his application a completeset of his fingerprints which the Board may forward to the Central Repositoryfor Nevada Records of Criminal History for submission to the Federal Bureau ofInvestigation for its report;

5. Submit other documentation and proof the Board mayrequire; and

6. Submit all other information required to completethe application.

[6:364:1955](NRS A 1957, 77; 1967, 858; 1971, 1126;1981, 935; 1989, 1576; 1997, 2150; 2003, 2861; 2005, 2751, 2807)

NRS 640.095 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. Inaddition to any other requirements set forth in this chapter:

(a) Anapplicant for the issuance of a license as a physical therapist or physicaltherapists assistant shall include the social security number of the applicantin the application submitted to the Board.

(b) An applicant for the issuance or renewal of alicense as a physical therapist or physical therapists assistant 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 as a physical therapist or physicaltherapists assistant may not be issued or renewed by the Board if theapplicant:

(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, 2149; A 2005, 2751, 2807)

NRS 640.095 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 as aphysical therapist or physical therapists assistant shall submit to the Boardthe statement prescribed by the Division of Welfare and Supportive Services ofthe 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 as a physical therapist or physical therapistsassistant may not be issued or renewed by the Board if the applicant:

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

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

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

(Added to NRS by 1997, 2149; A 2005, 2751, 2752, 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 640.100 Examinationand reexamination of applicants: Time; scope; fee.

1. The Board shall examine applicants for licensure asphysical therapists at least twice a year at such places as it may determine.

2. The examination must embrace such subjects as theBoard deems necessary to determine the applicants qualifications, and theexamination must include a written portion.

3. The Board may charge a fee for examining orreexamining an applicant, based on the Boards cost.

4. Before any applicant may take the examination athird time, he must meet with the Board to discuss his possible need forfurther training or education and must complete any further training oreducation determined by the Board to be prerequisite.

[10:364:1955](NRS A 1981, 935; 1989, 1576)

NRS 640.110 Issuanceand display of license; fee for replacement of lost license or to change name.

1. The Board shall license as a physical therapisteach applicant who proves to the satisfaction of the Board his qualificationsfor licensure.

2. The Board shall issue to each applicant who provesto the satisfaction of the Board his qualification for licensure, a license asa physical therapist. The license authorizes the applicant to represent himselfas a licensed physical therapist and to practice physical therapy in the Stateof Nevada subject to the conditions and limitations of this chapter.

3. Each physical therapist shall display his currentlicense in a location which is accessible to the public.

4. The Board may charge a fee, not to exceed $25, toreplace a lost license or to change a name on a license.

[11:364:1955](NRS A 1959, 194; 1967, 858; 1981, 935;1987, 852; 1989, 1576)

NRS 640.120 Temporarylicense for medical emergency; temporary exemptions from licensing for certainstudents and applicants.

1. The Board may issue, without examination, a licenseto practice physical therapy for a period not to exceed 6 months to any personwho meets the qualifications set forth in NRS640.080, except subsection 3 thereof, upon certification that he has beenassigned to the State of Nevada on a temporary basis to assist in a medicalemergency. Issuance of the temporary license is subject to such fees, not toexceed $100, and conditions as the Board may require.

2. A student of physical therapy is not required to belicensed during his clinical training if his work is done under the directsupervision of a licensed physical therapist.

3. A person who has applied for licensure as aphysical therapist and who meets the qualifications set forth in NRS 640.080, except subsection 3 thereof,is temporarily exempt from licensure and may practice physical therapy duringthe period of the temporary exemption if:

(a) The person has submitted a completed applicationfor licensure for the first time and the application has been approved by theBoard;

(b) The Board has approved the person to sit for theexamination required pursuant to NRS 640.100;

(c) The person has not previously failed an examinationfor licensure as a physical therapist;

(d) The person practices physical therapy under thesupervision of a licensed physical therapist and in accordance with theprovisions of this chapter and the regulations of the Board; and

(e) The person complies with any other requirements ofthe Board to practice physical therapy during the period of the temporaryexemption.

4. The temporary exemption authorized by subsection 3begins on the date on which the Board notifies the person that he may practicephysical therapy under the temporary exemption and continues until the date ofthe examination if the person does not take the examination or until the dateon which the Board notifies the person of the results of the examination.During the period of the temporary exemption, the person:

(a) Shall not use as his title or professionalcredentials any words, letters or insignia except for the words graduate ofphysical therapy.

(b) Is subject to the regulatory and disciplinaryauthority of the Board to the same extent as a licensed physical therapist.

[8:364:1955](NRS A 1967, 858; 1979, 714; 1981, 936;1989, 1577; 2005, 695)

NRS 640.140 Licensingof physical therapist licensed in another state or territory. The Board may, in its discretion, license as a physicaltherapist, without examination, on the payment of the required fee, anapplicant for licensure who is a physical therapist registered under the lawsof another state or territory, if the requirements for licensure of physicaltherapists in the state or territory in which the applicant was licensed wereat the date of his licensure substantially equal to the current requirements ofthis state.

[9:364:1955](NRS A 1989, 1577)

NRS 640.150 Renewal;expiration and reinstatement; continuing education; fees.

1. A license to practice physical therapy expires onJuly 31 of each year. A physical therapist may renew his license before itsexpiration upon:

(a) Presentation of proof of completion of a program ofcontinuing education as required by subsection 3;

(b) Paymentof a renewal fee established by the Board; and

(c) Submission of all information required to completethe renewal.

2. Alicense that is not renewed before July 31 of each year expires. An expiredlicense may be reinstated, at the discretion of the Board, upon:

(a) Paymentof the annual renewal fee and the annual expiration fee established by theBoard for each year the license is expired; and

(b) Submission of all information required to completethe renewal.

3. The Board shall require licensed physicaltherapists to complete a program of continuing education as a requirement forthe renewal of licenses. The Board shall, by regulation:

(a) Prescribe the curriculum;

(b) Approve the courses of study or training; and

(c) Establish the fees,

for theprogram.

4. The Board may, pursuant to subsection 3, establisha fee of not more than $150 to consider approval of a course of study ortraining.

[12:364:1955](NRS A 1957, 78; 1967, 859; 1981, 936;1985, 1411; 1989, 1577; 1997, 2150; 2005, 696, 2752, 2807)

DISCIPLINARY ACTION

NRS 640.160 Authorizedactions; grounds.

1. The Board, after notice and a hearing as requiredby law, and upon any ground enumerated in subsection 2, may take one or more ofthe following actions:

(a) Refuse to issue a license or temporary license toany applicant.

(b) Refuse to renew the license or temporary license ofany person.

(c) Suspend or revoke the license or temporary licenseof any person.

(d) Place any person who has been issued a license ortemporary license on probation.

(e) Impose an administrative fine which does not exceed$5,000 on any person who has been issued a license.

2. The Board may take action pursuant to subsection 1if an applicant or person who has been licensed pursuant to this chapter:

(a) Is habitually drunk or is addicted to the use of acontrolled substance.

(b) Has been convicted of violating any state orfederal law relating to controlled substances.

(c) Is, in the judgment of the Board, guilty of immoralor unprofessional conduct.

(d) Has been convicted of any crime involving moralturpitude.

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

(f) Is guilty, in the judgment of the Board, of grossnegligence in his practice as a physical therapist which may be evidenced byclaims of malpractice settled against a practitioner.

(g) Has obtained or attempted to obtain a license byfraud or material misrepresentation.

(h) Has been declared insane by a court of competentjurisdiction and has not thereafter been lawfully declared sane.

(i) Has entered into any contract or arrangement whichprovides for the payment of an unearned fee to any person following hisreferral of a patient.

(j) Has employed as a physical therapist any unlicensedphysical therapist or physical therapist whose license has been suspended.

(k) Has had his license to practice physical therapysuspended, revoked or in any way limited by another jurisdiction.

(l) Is determined to be professionally incompetent bythe Board.

(m) Has violated any provision of this chapter or theBoards regulations.

[14:364:1955](NRS A 1971, 2044; 1975, 119; 1981,598, 937; 1983, 1541; 1987, 1569; 1989, 1578; 1993, 794, 888; 1995, 548; 2003, 3456; 2005, 782)

NRS 640.1605 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 order issuedpursuant to NRS 425.540 that providesfor the suspension of all professional, occupational and recreational licenses,certificates and permits issued to a person who is the holder of a license as aphysical therapist or physical therapists assistant, the Board shall deem thelicense issued to that person to be suspended at the end of the 30th day afterthe date on which the court order was issued unless the Board receives a letterissued to the holder of the license by the district attorney or other publicagency pursuant to NRS 425.550 statingthat the holder of the license has complied with the subpoena or warrant or hassatisfied the arrearage pursuant to NRS425.560.

2. The Board shall reinstate a license as a physicaltherapist or physical therapists assistant that has been suspended by adistrict court pursuant to NRS 425.540if the Board receives a letter issued by the district attorney or other publicagency pursuant to NRS 425.550 to theperson whose license was suspended stating that the person whose license wassuspended has complied with the subpoena or warrant or has satisfied thearrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2149; A 2005, 2807)

NRS 640.161 Complaint:Filing; contents; review by Board.

1. A complaint against any person who has beenlicensed pursuant to this chapter may be initiated by the Board or may be filedwith the Board by any member or agent of the Board or any aggrieved person.

2. The complaint must allege one or more of thegrounds enumerated in NRS 640.160 andmust contain a statement of facts showing that a provision of this chapter orthe Boards regulations has been violated. The complaint must be sufficientlydetailed to enable the respondent to understand the allegations.

3. The complaint must be in writing and be signed andverified by the person filing it. The original complaint and two copies must befiled with the Board.

4. The Board shall review each complaint. If acomplaint shows a substantial violation of a provision of this chapter or theBoards regulations, the Board shall proceed with a hearing on the complaintpursuant to the provisions of chapter 622Aof NRS.

(Added to NRS by 1981, 931; A 1989, 1579; 2005, 782)

NRS 640.162 Commencementof disciplinary proceedings required for certain violations of IndustrialInsurance Act. Notwithstanding the provisions of chapter 622A of NRS, if the Board receives areport 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 1981, 932; A 1993, 795; 2005, 783)

NRS 640.163 Subpoenas.

1. The Board or any member thereof may issue subpoenasfor the attendance of witnesses and the production of books and papers.

2. The district court, in and for the county in whichany hearing is held, may compel the attendance of witnesses, the giving oftestimony and the production of books and papers as required by any subpoenaissued by the Board.

3. If any witness refuses to attend or testify orproduce any books or papers required by a subpoena, the Board may file apetition ex parte with the district court, setting forth that:

(a) Due notice has been given of the time and place forthe attendance of the witness or the production of the books or papers;

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

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

(d) The Board therefore requests an order of the courtcompelling the witness to attend and testify or produce the books or papersbefore the Board.

4. The court, upon such a petition, shall enter anorder directing the witness to appear before the court at a time and place fixedby the court in the order, and then and there to show cause why he has notattended or testified or produced the books or papers before the Board. Thetime may not be more than 10 days after the date of the order. A certified copyof the order must be served upon the witness.

5. If the court determines that the subpoena wasregularly issued by the Board, the court shall thereupon enter an order thatthe witness appear before the Board at the time and place fixed in the order,and testify or produce the required books or papers. Failure to obey the orderis a contempt of the court which issued it.

(Added to NRS by 1981, 932)

NRS 640.164 Feesand mileage for witness. Each witness whoappears by order of the Board is entitled to receive for his attendance thesame fees and mileage allowed by law to a witness in a civil case. The amountmust be paid by the party who requested the subpoena. When any witness, who hasnot been required to attend at the request of any party, is subpoenaed by theBoard, his fees and mileage must be paid from the funds of the Board.

(Added to NRS by 1981, 932)

NRS 640.165 Depositions;taking of evidence in another state. Repealed. (See chapter 225, Statutes of Nevada 2005,at page 807.)

 

NRS 640.166 Timefor decision of Board. Repealed. (See chapter225, Statutes ofNevada 2005, at page 807.)

NRS 640.167 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.)

 

UNLAWFUL ACTS; ENFORCEMENT; PENALTIES

NRS 640.169 Unlawfulto practice physical therapy without license; exceptions; civil penalty.

1. Except as otherwise provided in NRS 629.091 and 640.120, it is unlawful for any person topractice physical therapy in this State unless he holds a license or atemporary license issued pursuant to this chapter.

2. In addition to any criminal penalty that may beimposed for a violation of subsection 1, the Board, after notice and hearing,may issue an order against any person who has violated subsection 1 imposing acivil penalty of not more than $5,000 for each violation. Any civil penaltycollected pursuant to this subsection must be deposited in the State GeneralFund.

(Added to NRS by 1981, 933; A 1989, 1579; 1995, 753; 2005, 697)

NRS 640.170 Penaltyfor unauthorized use of letters, words or insignia. Aperson who is not licensed under this chapter as a physical therapist, or whoselicense has been suspended, revoked or has expired and who uses in connectionwith his name the words or letters L.P.T., Licensed Physical Therapist,R.P.T., Registered Physical Therapist, P.T., Physical Therapist, or anyother letters, words or insignia indicating or implying that he is a licensedphysical therapist, or who in any other way, orally, or in writing, or inprint, by sign, directly or by implication, represents himself as a licensedphysical therapist, is guilty of a misdemeanor.

[15:364:1955](NRS A 1959, 194; 1989, 1579)

NRS 640.180 Falseoath or affirmation; fraudulent representation to obtain license; penalty. A person who makes a willfully false oath or affirmationin any case in which an oath or affirmation is required by this chapter, or whoobtains or attempts to obtain a license by any fraudulent representation, isguilty of a misdemeanor.

[16:364:1955](NRS A 1989, 1580)

NRS 640.190 Restrictionon practice of other forms of healing. Thischapter does not authorize a physical therapist, whether licensed or not, topractice medicine, osteopathic medicine, homeopathic medicine, chiropractic orany other form or method of healing.

[17:364:1955](NRS A 1975, 119; 1977, 965; 1981, 938;1983, 1493; 1985, 1412; 1987, 1314; 1989, 1580)

NRS 640.210 Enforcement:Duties of Board; injunction.

1. The Board shall investigate every supposedviolation of this chapter coming to its notice and shall report to the properdistrict attorney all cases that in the judgment of the Board warrantprosecution.

2. Whenever any person has engaged or is about toengage in any acts or practices which constitute or will constitute an offenseagainst this chapter, the district court of any county, on application of theBoard, may issue an injunction or any other order restraining such conduct.Proceedings under this subsection shall be governed by Rule 65 of the NevadaRules of Civil Procedure, except that no bond or undertaking shall be requiredin any action commenced by the Board.

[20:364:1955](NRS A 1959, 195)

PHYSICAL THERAPISTS ASSISTANTS

NRS 640.230 Qualificationsof applicant. To be eligible for licensing bythe Board as a physical therapists assistant, an applicant must:

1. Be at least 18 years old.

2. Be of good moral character.

3. Have graduated from an approved high school.

4. Have completed an educational curriculum approvedby the Board for a physical therapists assistant.

5. Pass an examination designated by the Board or beentitled to licensing without examination as provided in NRS 640.270 or 640.275.

(Added to NRS by 1971, 1125; A 1981, 938; 1989, 1580;1993, 2545)

NRS 640.240 Requirementsfor educational curriculum.

1. For the purposes of NRS 640.230, the Board shall not approveany educational curriculum for a physical therapists assistant unless thecurriculum includes elementary or intermediate courses in clinical, anatomical,biological and physical sciences and is:

(a) At least a 2-year program requiring a minimum of 60academic semester credits at a college accredited by a recognized accreditingagency; or

(b) A curriculum which is provided by the Armed Forcesof the United States.

2. The Board may refuse to approve any educationalcurriculum for physical therapists assistants if the curriculum does notinclude such courses in theory and procedures as determined by the Board to benecessary for these assistants.

(Added to NRS by 1971, 1125; A 1981, 938; 1989, 1580;1993, 2545; 2005, 697)

NRS 640.250 Applicationfor license: Contents; fee. Unless he isentitled to a license under NRS 640.270,a person who desires to be licensed as a physical therapists assistant must:

1. Apply to the Board, in writing, on a form furnishedby the Board. The application for licensure as a physical therapists assistantmust also be signed by the supervising physical therapist of the applicant.

2. Include in the application evidence, under oath,satisfactory to the Board, that he possesses the qualifications required by NRS 640.230 other than having passed theexamination.

3. Pay to the Board at the time of filing hisapplication a fee set by a regulation of the Board in an amount not to exceed$200.

4. Submit to the Board with his application a completeset of his fingerprints which the Board may forward to the Central Repositoryfor Nevada Records of Criminal History for submission to the Federal Bureau ofInvestigation for its report.

5. Submit such documentation and proof as the Boardmay require.

6. Pay the fee for examination of the applicant as theBoard may establish.

7. Submit all other information required to completethe application.

(Added to NRS by 1971, 1125; A 1981, 938; 1989, 1580;1997, 2150; 2003,2861; 2005, 2753,2807)

NRS 640.260 Issuanceand display of license; fee for replacement of lost license or to change name;duration of validity of license.

1. The Board shall license as a physical therapistsassistant each applicant who proves to the satisfaction of the Board hisqualifications for a license.

2. The Board shall issue to each qualified applicant alicense that authorizes the applicant to represent himself as a physicaltherapists assistant and to practice as that assistant.

3. Each physical therapists assistant shall displayhis current license in a location which is accessible to the public.

4. The Board may charge a fee, not to exceed $25, toreplace a lost license or to change a name on a license.

5. A license as a physical therapists assistant isvalid as long as a supervising physical therapist supervises the physicaltherapists assistant.

(Added to NRS by 1971, 1125; A 1981, 939; 1987, 852;1989, 1581; 1993, 2546)

NRS 640.270 Licensingof physical therapists assistant licensed in another state or territory. The Board may license as a physical therapists assistant,without examination, on the payment of the required fee, an applicant who islicensed as a physical therapists assistant under the laws of another state orterritory whose requirements at the date of his licensure were substantiallyequal to the current requirements of this state.

(Added to NRS by 1971, 1125; A 1981, 939; 1989, 1581;1993, 2546)

NRS 640.275 Temporarylicense for medical emergency; temporary exemptions from licensing for certainstudents and applicants.

1. The Board may issue, without examination, atemporary license to practice as a physical therapists assistant to a personwho:

(a) Meets all of the other qualifications of NRS 640.230; and

(b) Certifies that he has been assigned to the State ofNevada on a temporary basis to assist in a medical emergency.

2. The Board may charge a fee, not to exceed $100, forthe issuance of a temporary license.

3. A student who is enrolled in a program to become aphysical therapists assistant is not required to be licensed during hisclinical training if his work is performed under the direct supervision of aphysical therapist.

4. A person who has applied for licensure as aphysical therapists assistant and who meets the qualifications set forth in NRS 640.230, except subsection 5 thereof,is temporarily exempt from licensure and may practice as a physical therapistsassistant during the period of the temporary exemption if:

(a) The person has submitted a completed applicationfor licensure for the first time and the application has been approved by theBoard;

(b) The Board has approved the person to sit for theexamination required pursuant to NRS 640.230;

(c) The person has not previously failed an examinationfor licensure as a physical therapists assistant;

(d) The person practices as a physical therapistsassistant under the direct supervision of a supervising physical therapist andin accordance with the provisions of this chapter and the regulations of theBoard; and

(e) The person complies with any other requirements ofthe Board to practice as a physical therapists assistant during the period ofthe temporary exemption.

5. The temporary exemption authorized by subsection 4begins on the date on which the Board notifies the person that he may practiceas a physical therapists assistant under the temporary exemption and continuesuntil the date of the examination if the person does not take the examinationor until the date on which the Board notifies the person of the results of theexamination. During the period of the temporary exemption, the person:

(a) Shall not use as his title or professionalcredentials the words, letters or insignia P.T.A. or Physical TherapistsAssistant, or any other letters, words or insignia indicating or implying thathe is a licensed physical therapists assistant.

(b) Is subject to the regulatory and disciplinaryauthority of the Board to the same extent as a licensed physical therapistsassistant.

(Added to NRS by 1993, 2543; A 2005, 697)

NRS 640.280 Renewalof license; expiration and reinstatement; continuing education; fees.

1. The license of a physical therapists assistantexpires on July 31 of each year. A physical therapists assistant may renew hislicense before its expiration upon:

(a) Presentation of proof of completion of a program ofcontinuing education as required by subsection 3;

(b) Payment of the renewal fee established by theBoard; and

(c) Submission of all information required to completethe renewal.

2. A license that is not renewed before July 31 ofeach year expires. The Board may reinstate an expired license upon payment ofthe annual renewal fee and the annual expiration fee established by the Boardfor each year the license is expired.

3. The Board shall require each physical therapistsassistant to complete a program of continuing education as a prerequisite forthe renewal of his license. The Board shall prescribe the curriculum andapprove the courses of study or training for that program.

(Added to NRS by 1971, 1126; A 1981, 939; 1987, 852;1989, 1581; 1993, 2546; 1997, 2151; 2005, 2753, 2807)

NRS 640.290 Supervision. A person licensed as a physical therapists assistant mayassist in the practice of physical therapy only under the direct supervision ofa supervising physical therapist, as regulated by the Board and subject to theconditions and limitations of NRS 640.230to 640.300, inclusive.

(Added to NRS by 1971, 1126; A 1981, 939; 1989, 1581;1993, 2546)

NRS 640.300 Penaltyfor unauthorized use of letters, words or insignia. Anyperson:

1. Who is not licensed under NRS 640.230 to 640.300, inclusive, as a physicaltherapists assistant;

2. Whose license has been suspended or revoked; or

3. Whose license has expired and has not beenreinstated,

and who usesin connection with his name the words or letters P.T.A. or PhysicalTherapists Assistant, or any other letters, words or insignia indicating orimplying that he is a licensed physical therapists assistant, or who in anyother way, orally, or in writing, or in print, by sign, directly, or by implication,represents himself as a licensed physical therapists assistant, is guilty of amisdemeanor.

(Added to NRS by 1971, 1126; A 1981, 939; 1989, 1581;1993, 2547)

PHYSICAL THERAPISTS TECHNICIANS

NRS 640.310 Supervisionby physical therapist while performing treatments related to physical therapy.

1. A physical therapist shall provide immediatesupervision of a physical therapists technician while the technician performstreatments related to physical therapy which have been directed by the physicaltherapist.

2. As used in this section, treatment does notinclude secretarial, clerical or housekeeping activities, the transportation ofa patient or the dressing or undressing of a patient.

(Added to NRS by 1993, 2543)

 

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