[Rev. 11/21/2013 1:00:59 PM--2013]

CHAPTER 654 - ADMINISTRATORS OF FACILITIES FOR LONG-TERM CARE

GENERAL PROVISIONS

NRS 654.010           Definitions.

NRS 654.015           “Administrator of a residential facility for groups” defined.

NRS 654.020           “Board” defined.

NRS 654.025           “Facility for intermediate care” defined.

NRS 654.026           “Facility for skilled nursing” defined.

NRS 654.028           “Nursing facility administrator” defined.

NRS 654.031           “Residential facility for groups” defined.

BOARD OF EXAMINERS FOR LONG-TERM CARE ADMINISTRATORS

NRS 654.050           Creation; membership.

NRS 654.060           Qualifications of members; representative of general public not to participate in examination.

NRS 654.080           Removal of members of Board.

NRS 654.090           Officers of Board.

NRS 654.100           Meetings of Board; quorum; compensation of members and employees.

NRS 654.110           Powers and duties of Board; confidentiality of certain records of Board.

NRS 654.120           Deposit and use of money paid to Board; delegation of authority to take disciplinary action.

NRS 654.130           Maintenance and contents of registers.

LICENSES

NRS 654.140           Applications for licenses; fees.

NRS 654.145           Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 654.145           Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

NRS 654.150           Qualifications of applicant for licensure as nursing facility administrator.

NRS 654.155           Qualifications of applicant for licensure as administrator of residential facility for groups.

NRS 654.161           Licenses issued before July 1, 1973, equivalent to nursing facility administrator’s license.

NRS 654.170           Form, expiration and renewal of licenses; requirements for continuing education.

NRS 654.180           Reciprocal licensing without examination.

DISCIPLINARY ACTION

NRS 654.184           Inspection of premises by Board.

NRS 654.185           Referral of complaints to appropriate jurisdiction; immunity from civil liability; definition.

NRS 654.186           Injunctions against violations of chapter.

NRS 654.187           Acting without license: Reporting requirements of Board.

NRS 654.190           Authorized disciplinary action; grounds for disciplinary action; notice of hearing; subpoenas; orders imposing discipline deemed public records; jurisdiction of Board.

NRS 654.193           Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 654.195           Reinstatement of suspended or revoked license of administrator of residential facility for groups. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 654.195           Reinstatement of suspended or revoked license of administrator of residential facility for groups. [Effective 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

PENALTIES; APPLICABILITY

NRS 654.200           Penalty for acting without license.

NRS 654.210           Applicability of chapter.

_________

GENERAL PROVISIONS

      NRS 654.010  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 654.015 to 654.031, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1969, 668; A 1977, 1028; 1993, 2140)

      NRS 654.015  “Administrator of a residential facility for groups” defined.  “Administrator of a residential facility for groups” means a person who manages, supervises and is in general administrative charge of a residential facility for groups.

      (Added to NRS by 1993, 2139)

      NRS 654.020  “Board” defined.  “Board” means the Board of Examiners for Long-Term Care Administrators.

      (Added to NRS by 1969, 668; A 1973, 1287; 1977, 1029; 1993, 2140; 2009, 442)

      NRS 654.025  “Facility for intermediate care” defined.  “Facility for intermediate care” means an establishment operated and maintained for the purpose of providing personal and medical supervision for 24 hours, for four or more persons who do not have illness, disease, injury or other conditions that would require the degree of care and treatment which a hospital or facility for skilled nursing is designed to provide.

      (Added to NRS by 1977, 1028; A 1985, 1770)

      NRS 654.026  “Facility for skilled nursing” defined.  “Facility for skilled nursing” means any proprietary or nonprofit institution or facility defined and licensed as a facility for skilled nursing pursuant to chapter 449 of NRS.

      (Added to NRS by 1969, 668; A 1973, 1287, 1406; 1985, 1770)—(Substituted in revision for NRS 654.030)

      NRS 654.028  “Nursing facility administrator” defined.  “Nursing facility administrator” means a person who manages, supervises and is in general administrative charge of a facility for skilled nursing or facility for intermediate care.

      (Added to NRS by 1977, 1028; A 1985, 1770)

      NRS 654.031  “Residential facility for groups” defined.  “Residential facility for groups” has the meaning ascribed to it in NRS 449.017.

      (Added to NRS by 1993, 2139)

BOARD OF EXAMINERS FOR LONG-TERM CARE ADMINISTRATORS

      NRS 654.050  Creation; membership.  The Board of Examiners for Long-Term Care Administrators, consisting of the Director of the Department of Health and Human Services or the Director’s designee and six members appointed by the Governor, is hereby created within the Department of Health and Human Services.

      (Added to NRS by 1969, 668; A 1971, 671; 1973, 1287, 1406; 1977, 130, 1029, 1261, 1479; 1993, 2140; 2009, 442)

      NRS 654.060  Qualifications of members; representative of general public not to participate in examination.

      1.  The Governor shall appoint:

      (a) Two members who are nursing facility administrators.

      (b) One member who is an administrator of a residential facility for groups with less than seven clients.

      (c) One member who is an administrator of a residential facility for groups with seven or more clients.

      (d) One member who is a member of the medical or paramedical professions.

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

             (1) A nursing facility administrator or an administrator of a residential facility for groups; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a nursing facility administrator or an administrator of a residential facility for groups.

      2.  The member who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the Board.

      (Added to NRS by 1969, 668; A 1973, 1287, 1406; 1977, 1029, 1261, 1479; 1993, 2140; 2003, 1199)

      NRS 654.080  Removal of members of Board.  The Governor may remove any appointed member of the Board for misconduct in office, incompetency, neglect of duty or other good cause.

      (Added to NRS by 1969, 668; A 1977, 1261)

      NRS 654.090  Officers of Board.

      1.  Immediately after the first Board is appointed, the members of the Board shall meet and elect from their membership a Chair, Vice Chair and a Secretary.

      2.  Thereafter, a Chair and Vice Chair shall be elected annually.

      3.  The Secretary of the Board shall serve as Secretary at the pleasure of the Board.

      (Added to NRS by 1969, 669)

      NRS 654.100  Meetings of Board; quorum; compensation of members and employees.

      1.  The Board shall hold at least one regular meeting quarterly and may meet at such other times as a meeting may be called by the Chair or a majority of the membership.

      2.  Four members of the Board constitute a quorum for the transaction of business.

      3.  Each member of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

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

      (Added to NRS by 1969, 669; A 1989, 1706; 1993, 2141)

      NRS 654.110  Powers and duties of Board; confidentiality of certain records of Board.

      1.  In a manner consistent with the provisions of chapter 622A of NRS, the Board shall:

      (a) Develop, impose and enforce standards which must be met by persons to receive licenses as nursing facility administrators or administrators of residential facilities for groups. The standards must be designed to ensure that nursing facility administrators or persons acting as administrators of residential facilities for groups will be persons who are of good character and otherwise suitable, and who, by training or experience in their respective fields of administering health care facilities, are qualified to serve as nursing facility administrators or administrators of residential facilities for groups.

      (b) Develop and apply appropriate techniques, including examinations and investigations, for determining whether a person meets those standards.

      (c) Issue licenses to persons determined, after the application of appropriate techniques, to meet those standards.

      (d) Revoke or suspend licenses previously issued by the Board in any case if the person holding the license is determined substantially to have failed to conform to the requirements of the standards.

      (e) Establish and carry out procedures designed to ensure that persons licensed as nursing facility administrators or administrators of residential facilities for groups will, during any period they serve as such, comply with the requirements of the standards.

      (f) Receive, investigate and take appropriate action with respect to any charge or complaint filed with the Board to the effect that any person has failed to comply with the requirements of the standards. Except as otherwise provided in this paragraph, the Board shall initiate an investigation of any charge or complaint filed with the Board within 30 days after receiving the charge or complaint. A complaint may be filed anonymously. If a complaint is filed anonymously, the Board may accept the complaint but may refuse to consider the complaint if anonymity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint.

      (g) Conduct a continuing study of:

             (1) Facilities for skilled nursing, facilities for intermediate care and their administrators; and

             (2) Residential facilities for groups and their administrators,

Ę with a view to the improvement of the standards imposed for the licensing of administrators and of procedures and methods for the enforcement of the standards.

      (h) Conduct or approve, or both, a program of training and instruction designed to enable all persons to obtain the qualifications necessary to meet the standards set by the Board for qualification as a nursing facility administrator or an administrator of a residential facility for groups.

      2.  Except as otherwise provided in this section, all records kept by the Board, not otherwise privileged or confidential, are public records.

      3.  Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      4.  The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all other documents and information considered by the Board when determining whether to impose discipline are public records.

      5.  The Board shall, to the extent feasible, communicate or cooperate with or provide any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      (Added to NRS by 1969, 669; A 1973, 1287; 1977, 1029; 1985, 1770; 1993, 2141; 2003, 3476; 2005, 803; 2007, 2150; 2013, 2247)

      NRS 654.120  Deposit and use of money paid to Board; delegation of authority to take disciplinary action.

      1.  The Secretary of the Board shall receive and account for all money paid to the Board pursuant to this chapter. The Secretary of the Board shall deposit the money in banks, credit unions or savings and loan associations in the State of Nevada.

      2.  Except as otherwise provided in subsection 5, all money received by the Board pursuant to this chapter must be used to:

      (a) Pay the per diem and travel expenses of the members of the Board.

      (b) Pay the salaries and per diem and travel expenses of the employees of the Board.

      (c) Administer the provisions of this chapter.

      3.  Any money which remains at the end of the fiscal year must be retained by the Board for future disbursement for the purposes enumerated in subsection 2.

      4.  In a manner consistent with the provisions of chapter 622A of NRS, the Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines and penalties therefor and deposit the money therefrom in banks, credit unions or savings and loan associations in this State.

      5.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 4 and the Board deposits the money collected from the imposition of fines with the State Treasurer for credit to the State General Fund, it may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      (Added to NRS by 1969, 670; A 1971, 671; 1989, 1707; 1993, 893, 2142; 1999, 1541; 2005, 804)

      NRS 654.130  Maintenance and contents of registers.  The Board shall:

      1.  Maintain a separate register of all applications for licensure as a nursing facility administrator and a separate register of all applications for licensure as an administrator of a residential facility for groups. Each register must include:

      (a) The name, age and place of residence of the applicant.

      (b) If the register is for:

             (1) Nursing facility administrators, the name and address of the facility for skilled nursing or facility for intermediate care of which the applicant is to be administrator.

             (2) Administrators of residential facilities for groups, the name and address of each residential facility for groups of which the applicant is to be administrator.

      (c) The date of the application.

      (d) The date the application was reviewed and the action taken on the application.

      (e) The serial number of the license, if any, issued to the applicant.

      (f) Such other information as the Board may deem pertinent.

      2.  Maintain a separate register of all nursing facility administrators and a separate register of all administrators of residential facilities for groups licensed pursuant to this chapter showing the status of each license.

      (Added to NRS by 1969, 670; A 1973, 1288; 1977, 1030; 1987, 732; 1993, 2142)

LICENSES

      NRS 654.140  Applications for licenses; fees.

      1.  The Board shall prescribe and furnish an application form for the use of all persons who desire to be licensed pursuant to this chapter.

      2.  All applications filed with the Board must be accompanied by all information required to complete the application and the required fee fixed by the Board in an amount not to exceed:

      (a) For an administrator of a residential facility for groups, $150.

      (b) For a nursing facility administrator, $250.

      3.  The Board may fix and charge an additional fee to cover the cost of administering the examinations if the Board determines that there is not sufficient money from other sources to cover such costs.

      (Added to NRS by 1969, 670; A 1989, 801; 1993, 2143; 1997, 2182; 2005, 2797, 2807)

      NRS 654.145  Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

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

      (a) An applicant for the issuance of a license as a nursing facility administrator or an administrator of a residential facility for groups shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a license as a nursing facility administrator or an administrator of a residential facility for groups shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the Board.

      3.  A license as a nursing facility administrator or an administrator of a residential facility for groups may not be issued or renewed by the Board if the applicant:

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

      (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      (Added to NRS by 1997, 2181; A 2005, 2798, 2807)

      NRS 654.145  Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

      1.  In addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a license as a nursing facility administrator or an administrator of a residential facility for groups shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the Board.

      3.  A license as a nursing facility administrator or an administrator of a residential facility for groups may not be issued or renewed by the Board if the applicant:

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

      (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      (Added to NRS by 1997, 2181; A 2005, 2798, 2807, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

      NRS 654.150  Qualifications of applicant for licensure as nursing facility administrator.  Each applicant for licensure as a nursing facility administrator pursuant to this chapter must:

      1.  Be of good moral character and physically and emotionally capable of administering a facility for skilled nursing or facility for intermediate care.

      2.  Have satisfactorily completed a course of instruction and training prescribed or approved by the Board, including the study of:

      (a) The needs which are to be properly served by a facility for skilled nursing or facility for intermediate care;

      (b) The laws governing the operation of a facility and the protection of the patients’ interests; and

      (c) The elements of good administration of a facility.

Ę In lieu of the specific requirements of this subsection, the applicant may present other evidence satisfactory to the Board of sufficient education, training or experience by which the applicant would be qualified to administer, supervise and manage a facility.

      3.  Pass an examination conducted and prescribed by the Board pursuant to the provisions of this chapter.

      4.  Submit with the application:

      (a) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      (b) A fee to cover the actual cost of obtaining the report from the Federal Bureau of Investigation.

      5.  Meet such other standards and qualifications as the Board may from time to time establish.

      6.  Submit all information required to complete the application.

      (Added to NRS by 1969, 670; A 1973, 1288; 1975, 1297; 1977, 1030; 1985, 1771; 1993, 2143; 1997, 2182; 2003, 2866; 2005, 2799, 2807)

      NRS 654.155  Qualifications of applicant for licensure as administrator of residential facility for groups.  Each applicant for licensure as an administrator of a residential facility for groups pursuant to this chapter must:

      1.  Be at least 21 years of age;

      2.  Be a citizen of the United States or lawfully entitled to remain and work in the United States;

      3.  Be of good moral character and physically and emotionally capable of administering a residential facility for groups;

      4.  Have satisfactorily completed a course of instruction and training prescribed or approved by the Board or be qualified by reason of the applicant’s education, training or experience to administer, supervise and manage a residential facility for groups;

      5.  Pass an examination conducted and prescribed by the Board;

      6.  Submit with the application:

      (a) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      (b) A fee to cover the actual cost of obtaining the report from the Federal Bureau of Investigation;

      7.  Comply with such other standards and qualifications as the Board prescribes; and

      8.  Submit all information required to complete the application.

      (Added to NRS by 1993, 2139; A 1997, 2183; 2003, 2867; 2005, 2799, 2807)

      NRS 654.161  Licenses issued before July 1, 1973, equivalent to nursing facility administrator’s license.  A license issued pursuant to the provisions of this chapter prior to July 1, 1973, shall be considered equivalent to, and is subject to the same conditions as, a nursing facility administrator’s license.

      (Added to NRS by 1973, 1286; A 1977, 1030)

      NRS 654.170  Form, expiration and renewal of licenses; requirements for continuing education.

      1.  The Board shall issue a numbered license, in such form as it may prescribe, to each applicant who meets the requirements of NRS 654.150 or 654.155 and shall affix its official seal to the license.

      2.  Each license issued by the Board pursuant to this chapter expires 2 years after the last day of the calendar month in which it was issued and may be renewed on or before that date biennially.

      3.  Any licensed nursing facility administrator or administrator of a residential facility for groups may renew his or her license by applying for renewal in the manner prescribed by the Board, paying the renewal fee fixed by the Board and submitting all information required to complete the renewal.

      4.  The Board shall, as a prerequisite for the renewal of a license, require each holder to comply with:

      (a) The requirements for continuing education adopted by the Board; and

      (b) The duties of the administrator set forth in NRS 449.094.

      (Added to NRS by 1969, 671; A 1973, 1289; 1977, 1030; 1985, 549; 1989, 801; 1993, 2143; 1997, 2183; 2003, 858; 2005, 2800, 2807, 2813)

      NRS 654.180  Reciprocal licensing without examination.  The Board may issue a license as a nursing facility administrator or an administrator of a residential facility for groups, without examination, to any applicant who holds the same license from another jurisdiction, if the Board finds that the standards for licensure in the other jurisdiction are the substantial equivalent of those prevailing in this state and that the applicant is otherwise qualified.

      (Added to NRS by 1969, 671; A 1973, 1289; 1977, 1031; 1993, 2144)

DISCIPLINARY ACTION

      NRS 654.184  Inspection of premises by Board.  A member or any agent of the Board may enter any premises in this State where a person who holds a license issued pursuant to the provisions of this chapter acts in the capacity of a nursing facility administrator or an administrator of a residential facility for groups and inspect it to determine whether a violation of any provision of this chapter has occurred, including, without limitation, an inspection to determine whether any person at the premises is acting in the capacity of a nursing facility administrator or an administrator of a residential facility for groups without the appropriate license issued pursuant to the provisions of this chapter.

      (Added to NRS by 2013, 2246)

      NRS 654.185  Referral of complaints to appropriate jurisdiction; immunity from civil liability; definition.

      1.  If the Board determines that a complaint filed with the Board concerns a matter within the jurisdiction of another licensing board, the Board shall refer the complaint to the other licensing board within 5 days after making the determination.

      2.  The Board may refer a complaint pursuant to subsection 1 orally, electronically or in writing.

      3.  The provisions of subsection 1 apply to any complaint filed with the Board, including, without limitation:

      (a) A complaint which concerns a person who or entity which is licensed, certified or otherwise regulated by the Board or by another licensing board; and

      (b) A complaint which concerns a person who or entity which is licensed, certified or otherwise regulated solely by another licensing board.

      4.  The provisions of this section do not prevent the Board from acting upon a complaint which concerns a matter within the jurisdiction of the Board regardless of whether the Board refers the complaint pursuant to subsection 1.

      5.  The Board or an officer or employee of the Board is immune from any civil liability for any decision or action taken in good faith and without malicious intent in carrying out the provisions in this section.

      6.  As used in this section, “licensing board” means a board created pursuant to chapter 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637A, 637B, 639, 640, 640A, 640B, 640C, 640D, 640E, 641, 641A, 641B, 641C, 643, 644 or 654 of NRS.

      (Added to NRS by 2013, 2247)

      NRS 654.186  Injunctions against violations of chapter.  Whenever any person has engaged or is about to engage in any conduct which constitutes a violation of the provisions of this chapter, the district court of any county, on application of the Board, may issue an injunction or any other order restraining such conduct. Proceedings under this section must be governed by Rule 65 of the Nevada Rules of Civil Procedure, except that no bond or undertaking is required in any action commenced by the Board.

      (Added to NRS by 2013, 2246)

      NRS 654.187  Acting without license: Reporting requirements of Board.  Unless the Board determines that extenuating circumstances exist, the Board shall forward to the appropriate law enforcement agency any substantiated information submitted to the Board concerning a person who acts in the capacity of a nursing facility administrator or an administrator of a residential facility for groups without the appropriate license issued pursuant to the provisions of this chapter.

      (Added to NRS by 2013, 2246)

      NRS 654.190  Authorized disciplinary action; grounds for disciplinary action; notice of hearing; subpoenas; orders imposing discipline deemed public records; jurisdiction of Board.

      1.  The Board may, after notice and an opportunity for a hearing as required by law, impose an administrative fine of not more than $10,000 for each violation on, recover reasonable investigative fees and costs incurred from, suspend, revoke, deny the issuance or renewal of or place conditions on the license of, and place on probation or impose any combination of the foregoing on any nursing facility administrator or administrator of a residential facility for groups who:

      (a) Is convicted of a felony relating to the practice of administering a nursing facility or residential facility or of any offense involving moral turpitude.

      (b) Has obtained his or her license by the use of fraud or deceit.

      (c) Violates any of the provisions of this chapter.

      (d) Aids or abets any person in the violation of any of the provisions of NRS 449.030 to 449.2428, inclusive, as those provisions pertain to a facility for skilled nursing, facility for intermediate care or residential facility for groups.

      (e) Violates any regulation of the Board prescribing additional standards of conduct for nursing facility administrators or administrators of residential facilities for groups, including, without limitation, a code of ethics.

      (f) Engages in conduct that violates the trust of a patient or resident or exploits the relationship between the nursing facility administrator or administrator of a residential facility for groups and the patient or resident for the financial or other gain of the licensee.

      2.  If a licensee requests a hearing pursuant to subsection 1, the Board shall give the licensee written notice of a hearing pursuant to NRS 233B.121 and 241.034. A licensee may waive, in writing, his or her right to attend the hearing.

      3.  The Board may compel the attendance of witnesses or the production of documents or objects by subpoena. The Board may adopt regulations that set forth a procedure pursuant to which the Chair of the Board may issue subpoenas on behalf of the Board. Any person who is subpoenaed pursuant to this subsection may request the Board to modify the terms of the subpoena or grant additional time for compliance.

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

      5.  The expiration of a license by operation of law or by order or decision of the Board or a court, or the voluntary surrender of a license, does not deprive the Board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.

      (Added to NRS by 1969, 671; A 1971, 938; 1973, 1289; 1977, 94, 1031; 1985, 1771; 1993, 894, 2144; 1999, 3610; 2003, 859, 2731, 3477; 2005, 805; 2007, 1050; 2009, 442, 1446; 2011, 196, 364, 705, 1067, 1362, 2256)

      NRS 654.193  Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  If the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license as a nursing facility administrator or an administrator of a residential facility for groups, the Board shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Board receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Board shall reinstate a license as a nursing facility administrator or an administrator of a residential facility for groups that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      (Added to NRS by 1997, 2181; A 2005, 2807)

      NRS 654.195  Reinstatement of suspended or revoked license of administrator of residential facility for groups. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  Except as otherwise provided in subsection 2, the Board may reinstate the license of an administrator of a residential facility for groups that has been suspended by the Board if:

      (a) A majority of the members of the Board vote in favor of the reinstatement; or

      (b) The person who held the license reapplies for a license as an administrator of a residential facility for groups pursuant to NRS 654.140 and the Board determines that the person meets the requirements of NRS 654.155.

      2.  The Board may reinstate a license of an administrator of a residential facility for groups that has been suspended pursuant to NRS 425.540 only if the holder of the license complies with the requirements for reinstatement set forth in NRS 654.193.

      3.  In a manner consistent with the provisions of chapter 622A of NRS, the Board may reinstate the license of an administrator of a residential facility for groups that has been revoked by the Board if all of the members of the Board vote in favor of reinstatement.

      (Added to NRS by 1993, 2140; A 1997, 2183; 2005, 805, 2807; 2007, 1051)

      NRS 654.195  Reinstatement of suspended or revoked license of administrator of residential facility for groups. [Effective 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  The Board may reinstate the license of an administrator of a residential facility for groups that has been suspended by the Board if:

      (a) A majority of the members of the Board vote in favor of the reinstatement; or

      (b) The person who held the license reapplies for a license as an administrator of a residential facility for groups pursuant to NRS 654.140 and the Board determines that the person meets the requirements of NRS 654.155.

      2.  In a manner consistent with the provisions of chapter 622A of NRS, the Board may reinstate the license of an administrator of a residential facility for groups that has been revoked by the Board if all of the members of the Board vote in favor of reinstatement.

      (Added to NRS by 1993, 2140, A 1997, 2183; 2005, 805, 806, 2807; 2007, 1051, effective 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

PENALTIES; APPLICABILITY

      NRS 654.200  Penalty for acting without license.  Any person who acts in the capacity of a nursing facility administrator or an administrator of a residential facility for groups without a license issued pursuant to the provisions of this chapter is guilty of a misdemeanor.

      (Added to NRS by 1969, 671; A 1973, 1289; 1977, 1031; 1993, 2144)

      NRS 654.210  Applicability of chapter.

      1.  The provisions of this chapter do not apply to any institution conducted by and for the adherents of any church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend solely upon spiritual means through prayer for healing in the practice of the religion of such church or denomination.

      2.  Notwithstanding the provisions of NRS 654.200, no license is required of any individual responsible for the planning, organizing, directing and controlling of such institutions.

      (Added to NRS by 1969, 671)