2005 Nevada Revised Statutes - Chapter 640B — Athletic Trainers
CHAPTER 640B - ATHLETIC TRAINERS
GENERAL PROVISIONS
NRS 640B.003 Legislativedeclaration.
NRS 640B.005 Definitions.
NRS 640B.011 Assessmentdefined.
NRS 640B.015 Athletedefined.
NRS 640B.021 Athleticinjury defined.
NRS 640B.025 Boarddefined.
NRS 640B.031 Directiondefined.
NRS 640B.035 Dispositiondefined.
NRS 640B.041 Evaluationdefined.
NRS 640B.045 Grade5 joint mobilization defined.
NRS 640B.051 Graduatestudent athletic trainer defined.
NRS 640B.055 Jointmobilization defined.
NRS 640B.060 Licensedefined.
NRS 640B.065 Licenseedefined.
NRS 640B.070 Managementdefined.
NRS 640B.075 Passivejoint range of motion defined.
NRS 640B.081 Passiverange of motion defined.
NRS 640B.085 Physiciandefined.
NRS 640B.090 Practiceof athletic training defined.
NRS 640B.095 Preventiondefined.
NRS 640B.101 Recognitiondefined.
NRS 640B.105 Reconditioningdefined.
NRS 640B.111 Studentathletic trainer defined.
NRS 640B.115 Supervisiondefined.
NRS 640B.120 Treatmentdefined.
NRS 640B.145 Applicabilityof chapter.
NRS 640B.155 Licenseis revocable privilege; holder acquires no vested right.
BOARD OF ATHLETIC TRAINERS
Organization and Administration
NRS 640B.170 Creation;appointment and qualifications of members; terms, vacancies and removal fromoffice; limitations on civil liability; representative of general public not toparticipate in examination.
NRS 640B.180 Professionalassociations to submit lists of persons qualified for membership on Board.
NRS 640B.190 Electionof Chairman; meetings; quorum.
NRS 640B.200 Employmentof Executive Secretary and other personnel; members of Board not entitled tosalary; payment of per diem allowance and travel expenses.
NRS 640B.210 Fiscalyear.
NRS 640B.220 Paymentof expenses; deposit of money; delegation of authority to take disciplinary action;deposit of fines imposed by Board; presentment of claims for attorneys feesand costs of investigation.
General Powers and Duties
NRS 640B.250 Preparation,maintenance and disclosure of certain information regarding applicants andlicensees; record of proceedings and transactions; seal; enforcement ofchapter.
NRS 640B.260 Adoptionof regulations.
NRS 640B.270 Inspectionof offices and facilities of persons practicing athletic training.
LICENSES
General Provisions
NRS 640B.300 Licenserequired to practice athletic training; certain acts prohibited withoutlicense; exception for certain student athletic trainers; injunctions againstunlicensed activities.
NRS 640B.310 Requirementsfor licensure: Qualifications; application; fingerprints; fees; examination;exceptions and limitations.
NRS 640B.320 Preparationof examinations.
NRS 640B.330 Licensureof persons who are licensed in other jurisdictions.
NRS 640B.340 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 640B.340 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 640B.350 Displayof license.
Scope of Practice
NRS 640B.370 Requirementsto conduct evaluation of athletic injury or perform joint mobilization;authority to perform passive range of motion or passive joint range of motion.
Expiration and Renewal; Fees
NRS 640B.400 Expirationof licenses; procedure for renewal.
NRS 640B.410 Fees.
DISCIPLINARY ACTION
NRS 640B.700 Grounds;authorized disciplinary action; private reprimands prohibited; orders imposingdiscipline deemed public records.
NRS 640B.710 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 640B.720 Investigationsand hearings; examination of witnesses; payment of fees and mileage; issuanceand enforcement of subpoenas.
NRS 640B.730 Confidentialityof certain records of Board; exceptions.
UNLAWFUL ACTS; PENALTIES
NRS 640B.900 Unlawfulacts; penalties; prosecution by district attorney.
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GENERAL PROVISIONS
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1. Participates in an athletic activity conducted by:
(a) An intercollegiate athletic association orinterscholastic athletic association; or
(b) A professional athletic organization; or
(c) An amateur athletic organization; or
2. Participates in a recreational sport activity that:
(a) Has officially designated coaches;
(b) Conducts regularly scheduled practices or workoutsthat are supervised by coaches; and
(c) Has established schedules for competitive events orexhibitions.
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1. His participation in an athletic activity conductedby:
(a) An intercollegiate athletic association orinterscholastic athletic association; or
(b) A professional athletic organization; or
(c) An amateur athletic organization; or
2. His participation in a recreational sport activitythat:
(a) Has officially designated coaches;
(b) Conducts regularly scheduled practices or workoutsthat are supervised by coaches; and
(c) Has established schedules for competitive events orexhibitions.
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1. Is enrolled in a graduate program of study approvedby the Board; and
2. Engages in the practice of athletic training underthe supervision of a licensed athletic trainer.
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1. The diagnosis of a physical disability;
2. The massaging of the superficial soft tissues ofthe body;
3. The use of X rays or radium;
4. The use of electricity for cauterization orsurgery;
5. Chiropractic adjustment as defined in
6. Grade 5 joint mobilization.
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1. A physician licensed pursuant to
2. An osteopathic physician licensed pursuant to
3. A homeopathic physician licensed pursuant to
4. A chiropractic physician licensed pursuant to
5. A podiatric physician licensed pursuant to
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1. Practice of athletic training means:
(a) The prevention, recognition, assessment,management, treatment, disposition or reconditioning of the athletic injury ofan athlete:
(1) Whose condition is within the professionalpreparation and education of the licensed athletic trainer; and
(2) That is performed under the direction of aphysician;
(b) The organization and administration of programs ofathletic training;
(c) The administration of an athletic training room;
(d) The provision of information relating to athletictraining to members of the public; or
(e) Any combination of the activities described in paragraphs(a) to (d), inclusive.
2. The term does not include the diagnosis of aphysical disability, massaging of the superficial soft tissues of the body orthe use of X rays, radium or electricity for cauterization or surgery.
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1. Is enrolled in an undergraduate program of studyapproved by the Board; and
2. Engages in the practice of athletic training underthe supervision of a licensed athletic trainer.
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1. A person who is licensed pursuant to
2. A person who is employed by the Federal Governmentand engages in the practice of athletic training within the scope of thatemployment.
3. A person who is employed as an athletic traineroutside this state when engaging in the practice of athletic training withinthe scope of that employment in connection with an athletic event held in thisstate.
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BOARD OF ATHLETIC TRAINERS
Organization and Administration
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1. The Board of Athletic Trainers is hereby created.
2. The Governor shall appoint to the Board:
(a) Three members who:
(1) Are licensed as athletic trainers pursuantto the provisions of this chapter; and
(2) Have engaged in the practice of athletictraining or taught or conducted research concerning the practice of athletictraining for the 5 years immediately preceding their appointment;
(b) One member who is licensed as a physical therapistpursuant to chapter 640 of NRS and who is alsolicensed as an athletic trainer pursuant to this chapter; and
(c) One member who is a representative of the public.
3. Each member of the Board:
(a) Must be a resident of this State; and
(b) May not serve more than two consecutive terms.
4. After the initial terms, the members of the Boardmust be appointed to terms of 3 years.
5. A vacancy on the Board must be filled in the samemanner as the original appointment.
6. The Governor may remove a member of the Board forincompetence, neglect of duty, moral turpitude or malfeasance in office.
7. No member of the Board may be held liable in acivil action for any act he performs in good faith in the execution of hisduties pursuant to the provisions of this chapter.
8. The member of the Board who is a representative ofthe public shall not participate in preparing or grading any examinationrequired by the Board.
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1. For the appointment of any member to the Boardpursuant to paragraph (a) of subsection 2 of
2. For the appointment of a member to the Boardpursuant to paragraph (b) of subsection 2 of
3. If the Nevada Athletic Trainers Association or theNevada Physical Therapists Association, or the successor of any suchorganization, fails to submit nominations for a position on the Board withinthe periods prescribed in this section, the Governor may appoint any qualifiedperson.
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1. The Board shall:
(a) Elect from its members a Chairman at the firstmeeting of each year; and
(b) Meet at least three times each year at the call ofthe Chairman of the Board, or upon the written request of at least threemembers of the Board.
2. A majority of the members of the Board constitutesa quorum for the transaction of the business of the Board.
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1. The Board may employ an Executive Secretary and anyother persons necessary to carry out its duties.
2. The members of the Board are not entitled toreceive a salary.
3. While engaged in the business of the Board, eachmember and employee of the Board is entitled to receive a per diem allowanceand travel expenses at a rate fixed by the Board. The rate must not exceed the rateprovided for officers and employees of this State generally.
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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 that it receives. No part of theexpenses of the Board may be paid from the State General Fund.
2. All money received by the Board must be depositedin a bank or other financial institution in this State and paid out on its orderfor its expenses.
3. In a manner consistent with the provisions of
4. If a hearing officer or panel is not authorized totake disciplinary action pursuant to subsection 3, the Board shall deposit allmoney collected from the imposition of fines and penalties with the StateTreasurer for credit to the State General Fund. If money has been deposited inthe State General Fund pursuant to this subsection, the Board may present aclaim to 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.
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General Powers and Duties
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1. The Board shall prepare and maintain a separatelist of:
(a) The licensees.
(b) The applicants for a license.
(c) The licensees whose licenses have been revoked orsuspended within the preceding year.
2. The Board shall, upon request, disclose theinformation included in each list and may charge a fee for a copy of a list.
3. The Board shall:
(a) Prepare and maintain a record of its proceedingsand transactions;
(b) Adopt a seal of which each court in this Stateshall take judicial notice; and
(c) Enforce the provisions of this chapter and anyregulations adopted pursuant thereto.
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1. The passing grades for the examinations required byNRS 640B.310 and
2. Appropriate criteria for determining whether anentity is an intercollegiate athletic association, interscholastic athleticassociation, professional athletic organization or amateur athleticorganization;
3. The standards of practice for athletic trainers;and
4. The requirements for continuing education for therenewal of a license of an athletic trainer. The requirements must be at leastequivalent to the requirements for continuing education for the renewal of acertificate of an athletic trainer issued by the National Athletic TrainersAssociation Board of Certification or its successor organization.
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LICENSES
General Provisions
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1. Except as otherwise provided in subsection 2,unless he has been issued a license as an athletic trainer by the Boardpursuant to the provisions of this chapter, a person shall not:
(a) Engage in the practice of athletic training;
(b) Hold himself out as licensed or qualified to engagein the practice of athletic training; or
(c) Use in connection with his name any title, words,letters or other designation intended to imply or designate him as a licensedathletic trainer.
2. A student athletic trainer or graduate studentathletic trainer may engage in the practice of athletic training while underthe supervision of a licensed athletic trainer.
3. If the Board determines that a person has engaged,or is about to engage, in any act or practice that constitutes, or willconstitute, a violation of the provisions of this section, the Board may makean application to an appropriate court for an order enjoining that act orpractice, and upon a showing by the Board that the person has engaged, or isabout to engage, in that act or practice, the court shall issue an injunctionagainst that act or practice. Such an injunction does not prevent a criminalprosecution for that act or practice.
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1. An applicant for a license as an athletic trainermust:
(a) Be of good moral character;
(b) Be a citizen of the United States or lawfullyentitled to remain and work in the United States;
(c) Have at least a bachelors degree in a program ofstudy approved by the Board;
(d) Submit an application on a form provided by theBoard;
(e) Submit a complete set of his fingerprints andwritten permission authorizing the Board to forward the fingerprints to theCentral Repository for Nevada Records of Criminal History for submission to theFederal Bureau of Investigation for its report;
(f) Pay the fees prescribed by the Board pursuant to
(g) Except as otherwise provided in subsection 2 and
2. An applicant who submits proof of his currentcertification as an athletic trainer by the National Athletic TrainersAssociation Board of Certification, or its successor organization, is notrequired to pass the examination required by paragraph (g) of subsection 1.
3. An applicant who fails the examination may notreapply for a license for at least 1 year after the date on which he submittedhis application to the Board.
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1. Except as otherwise provided in subsection 2, theBoard shall issue a license as an athletic trainer, without examination, to anapplicant who is licensed to engage in the practice of athletic training inanother state, territory or possession of the United States, or the District ofColumbia if the applicant submits to the Board:
(a) An application on a form prescribed by the Board;and
(b) The fees prescribed by the Board pursuant to
2. The Board shall not issue a license pursuant tothis section unless the jurisdiction in which the applicant is licensed hadrequirements at the time the license was issued that the Board determines aresubstantially equivalent to the requirements for a license as an athletictrainer set forth in this chapter.
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1. In addition to any other requirements set forth inthis chapter:
(a) An applicant for the issuance of a license toengage in the practice of athletic training shall include the social securitynumber of the applicant in the application submitted to the Board.
(b) An applicant for the issuance or renewal of alicense to engage in the practice of athletic training shall submit to theBoard the statement prescribed by the Division of Welfare and SupportiveServices of the Department of Health and Human Services pursuant to
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 engage in the practice of athletictraining 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.
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NRS 640B.340
1. In addition to any other requirements set forth inthis chapter, an applicant for the issuance or renewal of a license to engagein the practice of athletic training shall submit to the Board the statementprescribed by the Division of Welfare and Supportive Services of the Departmentof Health and Human Services pursuant to NRS425.520. The statement must be completed and signed by the applicant.
2. The Board shall include the statement 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 engage in the practice of athletictraining 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 to subsection1 that he is subject to a court order for the support of a child and is not incompliance with the order or a plan approved by the district attorney or otherpublic agency enforcing the order for the repayment of the amount owed pursuantto the order.
4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Board shall advise theapplicant to contact the district attorney or other public agency enforcing theorder to determine the actions that the applicant may take to satisfy thearrearage.
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Scope of Practice
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1. A person who is licensed as an athletic trainershall not conduct an evaluation of an athletic injury or perform jointmobilization unless the person has earned at least a masters degree inathletic training or a comparable area of study, as determined by the Board.
2. A person who is licensed as an athletic trainer andhas not earned a masters degree in athletic training or a comparable area ofstudy, as determined by the Board, may perform passive range of motion orpassive joint range of motion.
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Expiration and Renewal; Fees
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1. Each license to engage in the practice of athletictraining expires on June 30 of each year and may be renewed if, before thelicense expires, the licensee submits to the Board:
(a) An application on a form prescribed by the Board;
(b) Proof of his completion of the requirements forcontinuing education prescribed by the Board pursuant to
(c) The fee for the renewal of his license prescribedby the Board pursuant to NRS 640B.410.
2. A license that expires pursuant to the provisionsof this section may be restored if the applicant:
(a) Complies with the provisions of subsection 1;
(b) Submits to the Board proof of his ability to engagein the practice of athletic training; and
(c) Submits to the Board:
(1) The fee for the restoration of an expiredlicense; and
(2) For each year that the license was expired,the fee for the renewal of a license prescribed by the Board pursuant to
3. If the Board determines that an applicant has notsubmitted satisfactory proof of his ability to engage in the practice ofathletic training, the Board may require the applicant to:
(a) Pass an examination prescribed by the Board; and
(b) Engage in the practice of athletic training underthe supervision of a person designated by the Board for a period prescribed bythe Board.
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Application for a license....................................................................................... $250
Examination for a license......................................................................................... 350
Application for a license withoutexamination.................................................... 350
Annual renewal of a license................................................................................... 350
Restoration of an expired license........................................................................... 350
Issuance of a duplicate license................................................................................ 50
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DISCIPLINARY ACTION
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1. The Board may refuse to issue a license to anapplicant or may take disciplinary action against a licensee if, after noticeand a hearing as required by law, the Board determines that the applicant orlicensee:
(a) Has submitted false or misleading information tothe Board or any agency of this State, any other state, the Federal Governmentor the District of Columbia;
(b) Has violated any provision of this chapter or anyregulation adopted pursuant thereto;
(c) Has been convicted of a felony, a crime relating toa controlled substance or a crime involving moral turpitude;
(d) Is addicted to alcohol or any controlled substance;
(e) Has violated the provisions of
(f) Is guilty of gross negligence in his practice as anathletic trainer;
(g) Is not competent to engage in the practice ofathletic training;
(h) Has failed to provide information requested by theBoard within 60 days after he received the request;
(i) Has engaged in unethical or unprofessional conductas it relates to the practice of athletic training;
(j) Has been disciplined in another state, a territoryor possession of the United States, or the District of Columbia for conductthat would be a violation of the provisions of this chapter or any regulationsadopted pursuant thereto if the conduct were committed in this State;
(k) Has solicited or received compensation for servicesthat he did not provide;
(l) If the licensee is on probation, has violated theterms of his probation; or
(m) Has terminated his professional services to aclient in a manner that detrimentally affected that client.
2. The Board may, if it determines that an applicantfor a license or a licensee has committed any of the acts set forth insubsection 1, after notice and a hearing as required by law:
(a) Refuse to issue a license to the applicant;
(b) Refuse to renew or restore the license of thelicensee;
(c) Suspend or revoke the license of the licensee;
(d) Place the licensee on probation;
(e) Impose an administrative fine of not more than$5,000;
(f) Require the applicant or licensee to pay the costsincurred by the Board to conduct the investigation and hearing; or
(g) Impose any combination of actions set forth inparagraphs (a) to (f), inclusive.
3. The Board shall not issue a private reprimand to alicensee.
4. An order that imposes discipline and the findingsof fact and conclusions of law supporting that order are public records.
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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 licensee, the Board shall deemthe license to be suspended at the end of the 30th day after the date the courtorder was issued unless the Board receives a letter issued to the licensee bythe district attorney or other public agency pursuant to
2. The Board shall reinstate a license 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 licensee stating that the licensee has complied with the subpoena orwarrant or has satisfied the arrearage pursuant to
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1. In a manner consistent with the provisions of
2. In such a hearing:
(a) Any member of the Board may administer oaths andexamine witnesses; and
(b) The Board or any member thereof may issue subpoenasto compel the attendance of witnesses and the production of books and papers.
3. Each witness who is subpoenaed to appear before theBoard is entitled to receive for his attendance the same fees and mileageallowed by law to a witness in a civil case. The amount must be paid by theparty who requested the subpoena. If any witness who has not been required toattend at the request of any party is subpoenaed by the Board, his fees andmileage must be paid from the money of the Board.
4. If any person fails to comply with the subpoenawithin 10 days after it is issued, the Chairman of the Board may petition acourt of competent jurisdiction for an order of the court compelling compliancewith the subpoena.
5. 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.
6. If it appears to the court that the subpoena wasregularly issued by the Board, the court shall enter an order compellingcompliance with the subpoena. The failure of the person to obey the order is acontempt of the court that issued the order.
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1. Except as otherwiseprovided in this section, a complaint filed with the Board, all documents andother information filed with the complaint and all documents and otherinformation compiled as a result of an investigation conducted to determinewhether to initiate disciplinary action against a person are confidential,unless the person submits a written statement to the Board requesting that suchdocuments and information be made public records.
2. The charging documentsfiled with the Board to initiate disciplinary action pursuant to
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.
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UNLAWFUL ACTS; PENALTIES
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1. A person who violates any provision of this chapteris guilty of a gross misdemeanor and shall be punished by a fine of not morethan $2,000 for each offense.
2. If the Board has reason to believe that a personhas violated a provision of this chapter or a regulation adopted pursuantthereto, the Board shall report the facts to the district attorney of thecounty where the violation occurred, who may cause appropriate criminalproceedings to be brought against that person.
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