2005 Nevada Revised Statutes - Chapter 640A — Occupational Therapists

CHAPTER 640A - OCCUPATIONAL THERAPISTS

GENERAL PROVISIONS

NRS 640A.010 Legislativedeclaration.

NRS 640A.020 Definitions.

NRS 640A.030 Boarddefined.

NRS 640A.040 Occupationaltherapist defined.

NRS 640A.050 Occupationaltherapy defined.

NRS 640A.060 Occupationaltherapy assistant defined.

NRS 640A.070 Applicabilityof chapter.

BOARD OF OCCUPATIONAL THERAPY

NRS 640A.080 Creation;qualifications, appointment and terms of members.

NRS 640A.090 Meetings;Chairman; quorum.

NRS 640A.100 Compensationof members; authority regarding employees; payment of expenses and salaries.

NRS 640A.110 Powersand duties.

LICENSING

NRS 640A.120 Qualificationsfor license.

NRS 640A.130 Waiverfor completion of equivalent foreign education and experience.

NRS 640A.140 Applicationfor license.

NRS 640A.145 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 640A.145 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 640A.150 Examinationfor license.

NRS 640A.160 Issuanceof license without examination.

NRS 640A.170 Temporarylicensing.

NRS 640A.180 Expirationand renewal of license; placement of license on inactive status.

NRS 640A.190 Fees.

ENFORCEMENT

NRS 640A.200 Authorizeddisciplinary action; grounds; orders imposing discipline deemed public records.

NRS 640A.205 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation 2 years after thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

NRS 640A.210 Authorityto conduct investigations, hold hearings and examine witnesses; subpoenas.

NRS 640A.220 Confidentialityof certain records of Board; exceptions.

NRS 640A.230 Unauthorizedpractice prohibited; required supervision; penalty.

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GENERAL PROVISIONS

NRS 640A.010 Legislativedeclaration. The Legislature declares that thepurpose of this chapter is to protect the public health, safety and welfare byensuring that:

1. Only competent and scrupulous persons practiceoccupational therapy in this state; and

2. Persons who practice occupational therapy in thisstate maintain an appropriate standard of professional conduct.

(Added to NRS by 1991, 986)

NRS 640A.020 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS640A.030 to 640A.060, inclusive,have the meanings ascribed to them in those sections.

(Added to NRS by 1991, 986)

NRS 640A.030 Boarddefined. Board means the Board of OccupationalTherapy.

(Added to NRS by 1991, 986)

NRS 640A.040 Occupationaltherapist defined. Occupational therapistmeans a person who is licensed pursuant to this chapter to practice occupationaltherapy.

(Added to NRS by 1991, 986)

NRS 640A.050 Occupationaltherapy defined. Occupational therapy meansthe application of purposeful activity in the evaluation, teaching and treatment,in groups or on an individual basis, of patients who are handicapped by age,physical injury or illness, psychosocial dysfunction, developmental or learningdisability, poverty or aspects of culture, to increase their independence,alleviate their disability and maintain their health. The term includes:

1. Teaching patients skills for daily living;

2. Assisting patients in the development of cognitiveand perceptual motor skills, and in the integration of sensory functions;

3. Assisting patients in learning to play and to usetheir leisure time constructively;

4. Assisting patients in developing functional skillsnecessary to be considered for employment;

5. Assessing the need for, designing, constructing andtraining patients in the use and application of selected orthotic devices andadaptive equipment;

6. Assessing the need for prosthetic devices for theupper body and training patients in the functional use of prosthetic devices;

7. Teaching patients crafts and exercises designed toenhance their ability to function normally;

8. Administering to patients manual tests of theirmuscles and range of motion, and interpreting the results of those tests;

9. Incorporating into the treatment of patients thesafe and appropriate use of physical therapeutic modalities and techniqueswhich have been acquired through an appropriate program of education approvedby the Board pursuant to subsection 2 of NRS640A.120, or through a program of continuing education or higher education;and

10. Adapting the environment of patients to reduce theeffects of handicaps.

(Added to NRS by 1991, 986)

NRS 640A.060 Occupationaltherapy assistant defined. Occupationaltherapy assistant means a person who is licensed pursuant to this chapter topractice occupational therapy under the general supervision of an occupationaltherapist.

(Added to NRS by 1991, 987)

NRS 640A.070 Applicabilityof chapter. This chapter does not apply to aperson:

1. Holding a current license or certificate issued pursuantto chapter 391, 630to 637B, inclusive, 640, 640B to 641B, inclusive, of NRS, who practices withinthe scope of that license or certificate.

2. Employed by the Federal Government who practicesoccupational therapy within the scope of that employment.

3. Enrolled in an educational program approved by theBoard which is designed to lead to a certificate or degree in occupationaltherapy, if he is designated by a title which clearly indicates that he is astudent.

4. Obtaining the supervised experience necessary tosatisfy the requirements of subsection 3 of NRS640A.120.

5. Practicing occupational therapy in this state inassociation with an occupational therapist licensed pursuant to this chapter ifthe person:

(a) Practices in this state for not more than 45 daysin a calendar year;

(b) Is licensed to practice occupational therapy inanother state where the requirements for such a license are equivalent to therequirements of this chapter; and

(c) Meets the requirements for certification as anoccupational therapist registered or certified occupational therapy assistantestablished by the American Occupational Therapy Certification Board.

(Added to NRS by 1991, 987; A 2003, 904)

BOARD OF OCCUPATIONAL THERAPY

NRS 640A.080 Creation;qualifications, appointment and terms of members.

1. The Board of Occupational Therapy, consisting offive members appointed by the Governor, is hereby created.

2. The Governor shall appoint to the Board:

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

(1) An occupational therapist or an occupationaltherapy assistant; or

(2) The spouse or the parent or child, by blood,marriage or adoption, of an occupational therapist or an occupational therapyassistant.

(b) One member who is an occupational therapist oroccupational therapy assistant.

(c) Three members who are occupational therapists.

3. Each member of the Board must be a resident ofNevada. An occupational therapist or occupational therapy assistant appointedto the Board must:

(a) Have practiced, taught or conducted research inoccupational therapy for the 5 years immediately preceding his appointment; and

(b) Except for the initial members, hold a licenseissued pursuant to this chapter.

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

5. If a vacancy occurs during a members term, theGovernor shall appoint a person qualified under this section to replace thatmember for the remainder of the unexpired term.

(Added to NRS by 1991, 987; A 1995, 93; 2003, 1197)

NRS 640A.090 Meetings;Chairman; quorum.

1. The Board shall:

(a) Hold at least two meetings a year, the first ofwhich must be held in January. Other meetings may be held at the call of theChairman or upon the written request of two or more members.

(b) Elect a Chairman at the regular meeting in Januaryof each year.

(c) Comply with the provisions of chapter 241 of NRS.

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

(Added to NRS by 1991, 988; A 2005, 979)

NRS 640A.100 Compensationof members; authority regarding employees; payment of expenses and salaries.

1. The members of the Board serve withoutcompensation, except that while engaged in the business of the Board, eachmember is entitled to the per diem allowance and travel expenses provided forstate officers and employees generally.

2. The Board may employ an Executive Secretary and anyother employees it deems necessary, establish their duties and fix theirsalaries.

3. The expenses of the Board and members of the Board,and the salaries of its employees, must be paid from the fees received by theBoard pursuant to this chapter, and no part of those expenses and salaries maybe paid out of the State General Fund.

(Added to NRS by 1991, 988)

NRS 640A.110 Powersand duties. The Board shall:

1. Enforce the provisions of this chapter;

2. Maintain a record of its proceedings;

3. Evaluate the qualifications of an applicant for alicense as an occupational therapist or occupational therapy assistant and,upon payment of the appropriate fee, issue the appropriate license to aqualified applicant;

4. Adopt regulations establishing standards ofpractice for persons licensed pursuant to this chapter and any otherregulations necessary to carry out the provisions of this chapter; and

5. Require a person licensed pursuant to this chapterto submit to the Board such documentation or perform such practicaldemonstrations as the Board deems necessary to determine whether the licenseehas acquired the skills necessary to perform physical therapeutic modalities.

(Added to NRS by 1991, 988)

LICENSING

NRS 640A.120 Qualificationsfor license. To be eligible for licensing bythe Board as an occupational therapist or occupational therapy assistant, anapplicant must:

1. Be a natural person of good moral character.

2. Except as otherwise provided in NRS 640A.130, have satisfied the academicrequirements of an educational program approved by the Board. The Board shallnot approve an educational program designed to qualify a person to practice as:

(a) An occupational therapist unless the program isaccredited by the Committee on Allied Health Education and Accreditation of theAmerican Medical Association in collaboration with the American OccupationalTherapy Association.

(b) An occupational therapy assistant unless theprogram is approved by the American Occupational Therapy Association.

3. Except as otherwise provided in NRS 640A.130, have successfully completed:

(a) If the application is for licensing as anoccupational therapist, 24 weeks; or

(b) If the application is for licensing as anoccupational therapy assistant, 8 weeks,

of supervisedexperience approved by the Board. The Board shall not approve any supervisedexperience unless the experience was sponsored by the American OccupationalTherapy Association or the educational institution at which the applicantsatisfied the requirements of subsection 2.

4. Except as otherwise provided in NRS 640A.160 and 640A.170, pass an examination approved bythe Board.

(Added to NRS by 1991, 988)

NRS 640A.130 Waiverfor completion of equivalent foreign education and experience. The Board may waive the requirements of subsections 2 and3 of NRS 640A.120 for an applicantwho:

1. Receives his education in occupational therapy froma foreign school; and

2. Proves to the satisfaction of the Board that hiseducation and experience are substantially equivalent to the education andexperience required by those subsections.

(Added to NRS by 1991, 989)

NRS 640A.140 Applicationfor license.

1. A person who desires to be licensed by the Board asan occupational therapist or occupational therapy assistant must:

(a) Submit an application to the Board on a formfurnished by the Board; and

(b) Provide evidence satisfactory to the Board that hepossesses the qualifications required pursuant to subsections 1, 2 and 3 of NRS 640A.120.

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

(Added to NRS by 1991, 989; A 1997, 2152; 2005, 2753, 2807)

NRS 640A.145 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 an occupational therapist or occupationaltherapy assistant shall include the social security number of the applicant inthe application submitted to the Board.

(b) An applicant for the issuance or renewal of alicense as an occupational therapist or occupational therapy assistant shallsubmit to the Board the statement prescribed by the Division of Welfare andSupportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completedand 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 an occupational therapist oroccupational therapy 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 the arrearage.

(Added to NRS by 1997, 2151; A 2005, 2753, 2807)

NRS 640A.145 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 anoccupational therapist or occupational therapy assistant shall submit to theBoard the statement prescribed by the Division of Welfare and SupportiveServices of the Department of Health and Human Services pursuant to NRS 425.520. The statement must becompleted and signed by the applicant.

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

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

(b) A separate form prescribed by the Board.

3. A license as an occupational therapist oroccupational therapy 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, 2151; A 2005, 2753, 2754, 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 640A.150 Examinationfor license.

1. The Board shall:

(a) Approve an examination for licensing as anoccupational therapist and an examination for licensing as an occupationaltherapy assistant;

(b) Establish the requirements to pass eachexamination;

(c) Offer each examination at least twice each year atsuch places and under such conditions as it determines; and

(d) Provide reasonable public notice of the time andplace of each examination.

2. Each examination must be in writing and be designedto test an applicants knowledge of:

(a) The basic and clinical sciences relating tooccupational therapy;

(b) The techniques and methods of occupational therapy;and

(c) Any other subjects the Board requires to determinethe fitness of an applicant to practice occupational therapy.

3. A person who has satisfied the requirements of NRS 640A.140 may take the appropriateexamination for licensing. An applicant who fails the examination may retakethe examination no more than twice.

(Added to NRS by 1991, 989)

NRS 640A.160 Issuanceof license without examination. The Board mayissue, without examination, a license as an occupational therapist oroccupational therapy assistant to a person who has the qualifications requiredpursuant to subsections 1, 2 and 3 of NRS640A.120 and who is:

1. Certified after June 18, 1991, by the AmericanOccupational Therapy Certification Board, if the Board of Occupational Therapydetermines that the requirements to obtain that certification are equivalent tothe requirements for licensing pursuant to this chapter.

2. Licensed as an occupational therapist oroccupational therapy assistant in another state or territory of the UnitedStates, if the Board determines that the requirements to obtain that licenseare equivalent to the requirements for licensing pursuant to this chapter.

(Added to NRS by 1991, 989)

NRS 640A.170 Temporarylicensing.

1. The Board may issue, without examination, atemporary license to a person who has the qualifications required pursuant tosubsections 1, 2 and 3 of NRS 640A.120.A temporary license:

(a) Authorizes the person to whom it is issued topractice occupational therapy only under the general supervision of anoccupational therapist licensed pursuant to this chapter; and

(b) Is valid for 6 months or until the person to whomit is issued otherwise obtains a license pursuant to this chapter, whicheveroccurs first.

2. The Board may renew a temporary license no morethan once and may revoke a temporary license for any of the grounds set forthin NRS 640A.200.

(Added to NRS by 1991, 990)

NRS 640A.180 Expirationand renewal of license; placement of license on inactive status.

1. Except as otherwise provided in NRS 640A.170, a license issued pursuantto this chapter expires annually unless renewed in the manner establishedpursuant to the regulations of the Board, which may include requirements forcontinuing education.

2. The Board may adopt regulations providing for thelate renewal of a license, except that the Board may not renew a license if 5years have passed since its expiration.

3. The Board may, at the request of a person licensedpursuant to this chapter, place his license on inactive status if the person:

(a) Does not practice occupational therapy, orrepresent that he is authorized to practice occupational therapy, in thisstate; and

(b) Satisfies any requirements for continuing educationestablished by the Board.

(Added to NRS by 1991, 990)

NRS 640A.190 Fees.

1. The Board may by regulation establish reasonablefees for:

(a) The examination of an applicant for a license;

(b) The initial issuance of a license;

(c) The issuance of a temporary license;

(d) The annual renewal of a license; and

(e) The late renewal of a license.

2. The fees must be set in such an amount as toreimburse the Board for the cost of carrying out the provisions of thischapter.

(Added to NRS by 1991, 990)

ENFORCEMENT

NRS 640A.200 Authorizeddisciplinary action; grounds; orders imposing discipline deemed public records.

1. The Board may, after notice and a hearing asrequired by law, suspend, revoke or refuse to issue or renew a license topractice as an occupational therapist or occupational therapy assistant, or mayimpose conditions upon the use of that license, if the Board determines thatthe holder of or applicant for the license is guilty of unprofessional conductwhich has endangered or is likely to endanger the public health, safety orwelfare. The Board may reinstate a revoked license pursuant to the provisionsof chapter 622A of NRS upon application bythe person to whom the license was issued.

2. 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.

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

4. As used in this section, unprofessional conductincludes:

(a) The obtaining of a license by fraud or through themisrepresentation or concealment of a material fact;

(b) The conviction of:

(1) A felony or gross misdemeanor relating tothe practice of occupational therapy; or

(2) Any crime involving moral turpitude; and

(c) The violation of any provision of this chapter orregulation of the Board adopted pursuant to this chapter.

(Added to NRS by 1991, 990; A 1993, 795; 2003, 2714, 3456; 2005, 783)

NRS 640A.205 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 as an occupational therapist or occupational therapy assistant, theBoard shall deem the license issued to that person to be suspended at the endof the 30th day after the date on which the court order was issued unless theBoard receives a letter issued to the holder of the license by the districtattorney or other public agency pursuant to NRS425.550 stating that the holder of the license has complied with thesubpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

2. The Board shall reinstate a license as anoccupational therapist or occupational therapy assistant 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, 2152; A 2005, 2807)

NRS 640A.210 Authorityto conduct investigations, hold hearings and examine witnesses; subpoenas.

1. In a manner consistent with the provisions of chapter 622A of NRS, the Board may conductinvestigations, hold hearings and examine witnesses in carrying out its dutiespursuant to this chapter. For the purposes of this chapter:

(a) Any member of the Board may administer oaths; and

(b) The Chairman of the Board may issue subpoenas tocompel the attendance of witnesses and the production of books and papers.

2. If any person fails to comply with the subpoenawithin 10 days after its issuance, the Chairman of the Board may petition thedistrict court for an order of the court compelling compliance with the subpoena.

3. Upon such a petition, the court shall enter anorder directing the person subpoenaed to appear before the court at a time andplace to be fixed by the court in its order, the time to be not more than 10days after the date of the order, and to show cause why he has not compliedwith the subpoena. A certified copy of the order must be served upon the personsubpoenaed.

4. If it appears to the court that the subpoena wasregularly issued by the Board, the court shall enter an order compellingcompliance with the subpoena, and upon failure to obey the order the personmust be dealt with as for contempt of court.

(Added to NRS by 1991, 991; A 2005, 784)

NRS 640A.220 Confidentialityof certain records of Board; exceptions.

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

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

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

(Added to NRS by 1991, 991; A 2003, 3457; 2005, 784)

NRS 640A.230 Unauthorizedpractice prohibited; required supervision; penalty.

1. Except as otherwise provided in NRS 629.091, a person shall not practiceoccupational therapy, or represent that he is authorized to practiceoccupational therapy, in this state unless he holds a current license issuedpursuant to this chapter.

2. A licensed occupational therapist shall directlysupervise the work of any person who assists him as an aide or technician.

3. A person who violates any provision of this sectionis guilty of a misdemeanor.

(Added to NRS by 1991, 991; A 1995, 753)

 

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