[Rev. 11/21/2013 12:51:12 PM--2013]

CHAPTER 640 - PHYSICAL THERAPISTS

GENERAL PROVISIONS

NRS 640.011           Definitions.

NRS 640.013           “Board” defined.

NRS 640.016           “Immediate supervision” defined.

NRS 640.021           “Physical therapist” defined.

NRS 640.0213         “Physical therapist’s assistant” defined.

NRS 640.0216         “Physical therapist’s technician” defined.

NRS 640.022           “Physical therapy” defined.

NRS 640.024           “Practice of physical therapy” defined.

NRS 640.026           “Supervising physical therapist” defined.

NRS 640.029           Applicability of chapter.

STATE BOARD OF PHYSICAL THERAPY EXAMINERS

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

NRS 640.035           Election of Chair and officers.

NRS 640.045           Compensation of members and employees.

NRS 640.050           Powers and duties.

NRS 640.060           Approval of schools of physical therapy.

NRS 640.065           Fiscal year.

NRS 640.070           Deposit of fees; expenses; delegation of authority to take disciplinary action; deposit of fines imposed by Board; claims for attorney’s fees and costs of investigation.

NRS 640.075           Confidentiality of certain records of the Board; exceptions.

LICENSING

NRS 640.080           Qualifications.

NRS 640.090           Application: Contents; fee.

NRS 640.095           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 640.095           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 640.100           Examination and reexamination of applicants: Time; scope; fee.

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

NRS 640.120           Temporary license for medical emergency; temporary exemptions from licensing for certain students and applicants.

NRS 640.140           Licensing of physical therapist licensed in another state or territory.

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

DISCIPLINARY ACTION

NRS 640.160           Authorized actions; grounds.

NRS 640.1605         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 640.161           Complaint: Filing; contents; review by Board; retention.

NRS 640.162           Commencement of disciplinary proceedings required for certain violations of Industrial Insurance Act.

NRS 640.163           Subpoenas.

NRS 640.164           Fees and mileage for witness.

UNLAWFUL ACTS; ENFORCEMENT; PENALTIES

NRS 640.169           Unlawful to practice physical therapy without license; exceptions; civil penalties.

NRS 640.1695         Practicing or offering to practice without license: Reporting requirements of Board.

NRS 640.170           Penalty for unauthorized use of letters, words or insignia.

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

NRS 640.190           Restriction on practice of other forms of healing.

NRS 640.210           Enforcement: Duties of Board; injunction.

PHYSICAL THERAPISTS’ ASSISTANTS

NRS 640.230           Qualifications of applicant.

NRS 640.240           Requirements for educational curriculum.

NRS 640.250           Application for license: Contents; fee.

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

NRS 640.270           Licensing of physical therapist’s assistant licensed in another state or territory.

NRS 640.275           Temporary license for medical emergency; temporary exemptions from licensing for certain students and applicants.

NRS 640.280           Renewal of license; expiration and reinstatement; continuing education; fees.

NRS 640.290           Supervision.

NRS 640.300           Penalty for unauthorized use of letters, words or insignia.

PHYSICAL THERAPISTS’ TECHNICIANS

NRS 640.310           Supervision by physical therapist while performing treatments related to physical therapy.

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GENERAL PROVISIONS

      NRS 640.011  Definitions.  As used in this chapter, unless the context otherwise requires, the terms defined in NRS 640.013 to 640.026, inclusive, have the meanings ascribed to them in those sections.

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

      NRS 640.013  “Board” defined.  “Board” means the State Board of Physical Therapy Examiners.

      (Added to NRS by 1971, 1124)

      NRS 640.016  “Immediate supervision” defined.  “Immediate supervision” means that a person is present and immediately available within the treatment area to give aid, direction and instruction to the person he or she is supervising.

      (Added to NRS by 1993, 2543)

      NRS 640.021  “Physical therapist” defined.  “Physical therapist” means a person who is licensed in accordance with the provisions of this chapter.

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

      NRS 640.0213  “Physical therapist’s assistant” defined.  “Physical therapist’s assistant” means a person who assists in the practice of physical therapy under the supervision of a licensed physical therapist and who is licensed under the provisions of this chapter. The term is synonymous with “physical therapist assistant.”

      (Added to NRS by 1981, 931; A 1989, 1574; 1993, 2543)

      NRS 640.0216  “Physical therapist’s technician” defined.  “Physical therapist’s technician” means an unlicensed person who performs certain limited activities at the direction of the physical therapist.

      (Added to NRS by 1993, 2543)

      NRS 640.022  “Physical therapy” defined.  “Physical therapy” means the specialty in the field of health which is concerned with prevention of disability and physical rehabilitation of persons having congenital or acquired disabilities.

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

      NRS 640.024  “Practice of physical therapy” defined.  “Practice of physical therapy”:

      1.  Includes:

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

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

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

      2.  Does not include:

      (a) The diagnosis of physical disabilities;

      (b) The use of roentgenic rays or radium;

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

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

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

      NRS 640.026  “Supervising physical therapist” defined.  “Supervising physical therapist” means a physical therapist who supervises a physical therapist’s assistant or physical therapist’s technician.

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

      NRS 640.029  Applicability of chapter.  This chapter does not apply to an occupational therapist, occupational therapy assistant or athletic trainer who:

      1.  Is licensed to practice in this state;

      2.  Practices within the scope of that license; and

      3.  Does not represent that he or she is a physical therapist or physical therapist’s assistant, or that he or she practices physical therapy.

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

STATE BOARD OF PHYSICAL THERAPY EXAMINERS

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

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

      2.  The Governor shall appoint:

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

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

             (1) A physical therapist, a physical therapist’s assistant or a physical therapist’s technician; or

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

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

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

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

      6.  A majority of the members of the Board constitutes a quorum.

      7.  No member of the Board may be held liable in a civil action for any act which he or she has performed in good faith in the execution of his or her duties under this chapter.

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

      NRS 640.035  Election of Chair and officers.  The Board shall elect a Chair and other officers from among its members.

      (Added to NRS by 2007, 1846)

      NRS 640.045  Compensation of members and employees.

      1.  Each member of the Board is entitled to receive:

      (a) A salary of not more than $150 per day, as fixed by the Board, while engaged in the business of the Board; and

      (b) 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.

      2.  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 1963, 157; A 1975, 305; 1981, 934, 1994; 1989, 1702; 2007, 2953)

      NRS 640.050  Powers and duties.

      1.  The Board shall examine and license qualified physical therapists and qualified physical therapist’s assistants.

      2.  The Board may adopt reasonable regulations to carry this chapter into effect, including, but not limited to, regulations concerning the:

      (a) Issuance and display of licenses.

      (b) Supervision of physical therapist’s assistants and physical therapist’s technicians.

      (c) Treatments and other regulated procedures which may be performed by physical therapist’s technicians.

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

      (a) The name of every living licensee.

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

      (c) The date and number of each license issued as a physical therapist or physical therapist’s assistant.

      4.  During September of every year in which renewal of a license is required, the Board shall compile a list of licensed physical therapists authorized to practice physical therapy and physical therapist’s assistants licensed to assist in the practice of physical therapy in this State. Any interested person in the State may obtain a copy of the list upon application to the Board and the payment of such amount as may be fixed by the Board, which amount must not exceed the cost of the list so furnished.

      5.  The Board may:

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

      (b) Employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.

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

      6.  Any member or 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 practices physical therapy or as a physical therapist’s assistant 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 practicing physical therapy or as a physical therapist’s assistant without the appropriate license issued pursuant to the provisions of this chapter.

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

      [Part 3:364:1955] + [4:364:1955]—(NRS A 1963, 157; 1971, 1126; 1981, 934; 1989, 1575; 1993, 2544; 2013, 2240)

      NRS 640.060  Approval of schools of physical therapy.  For the purpose of NRS 640.080, the Board shall approve any school or educational curriculum taught at a school if the school is accredited by an accrediting agency recognized by the Board.

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

      NRS 640.065  Fiscal year.  The Board shall operate on the basis of a fiscal year commencing on July 1 and terminating on June 30.

      (Added to NRS by 1963, 157)

      NRS 640.070  Deposit of fees; expenses; delegation of authority to take disciplinary action; deposit of fines imposed by Board; claims for attorney’s fees and costs of investigation.

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

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

      3.  In a manner consistent with the provisions of chapter 622A of NRS, the Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter and impose and collect administrative fines therefor. If the Board so delegates its authority, the Board may deposit the money from the fines in banks, credit unions or savings and loan associations in this State for the support of the Board. In addition, the hearing officer or panel may assess a licensee against whom disciplinary action is taken any costs and fees incurred by the Board as a result of the hearing. The money from the reimbursed costs and fees may also be deposited for use by the Board.

      4.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3, the Board shall deposit the money collected from the imposition of administrative fines with the State Treasurer for credit to the State General Fund. The Board 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.

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

      NRS 640.075  Confidentiality of certain records of the Board; exceptions.

      1.  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.

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

      3.  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.

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

      (Added to NRS by 1989, 1574; A 2003, 3455; 2005, 781; 2007, 2141; 2013, 2241)

LICENSING

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

      1.  Be of good moral character;

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

      3.  Pass to the satisfaction of the Board an examination designated by the Board, unless he or she is entitled to licensure without examination as provided in NRS 640.120 or 640.140.

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

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

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

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

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

      4.  Submit to the Board with the application a complete set of fingerprints which the Board may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

      5.  Submit other documentation and proof the Board may require; and

      6.  Submit all other information required to complete the application.

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

      NRS 640.095  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 physical therapist or physical therapist’s assistant 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 physical therapist or physical therapist’s assistant 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 physical therapist or physical therapist’s assistant 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, 2149; A 2005, 2751, 2807)

      NRS 640.095  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 physical therapist or physical therapist’s assistant 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 physical therapist or physical therapist’s assistant 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, 2149; A 2005, 2751, 2752, 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 640.100  Examination and reexamination of applicants: Time; scope; fee.

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

      2.  The examination must embrace such subjects as the Board deems necessary to determine the applicant’s qualifications, and the examination must include a written portion.

      3.  The Board may charge a fee for examining or reexamining an applicant, based on the Board’s cost.

      4.  Before any applicant may take the examination a third time, the applicant must meet with the Board to discuss the possible need for further training or education and must complete any further training or education determined by the Board to be prerequisite.

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

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

      1.  The Board shall license as a physical therapist each applicant who proves to the satisfaction of the Board his or her qualifications for licensure.

      2.  The Board shall issue to each applicant who proves to the satisfaction of the Board his or her qualification for licensure, a license as a physical therapist. The license authorizes the applicant to represent himself or herself as a licensed physical therapist and to practice physical therapy in the State of Nevada subject to the conditions and limitations of this chapter.

      3.  Each physical therapist shall display his or her current license in a location which is accessible to the public.

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

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

      NRS 640.120  Temporary license for medical emergency; temporary exemptions from licensing for certain students and applicants.

      1.  The Board may issue, without examination, a license to practice physical therapy for a period not to exceed 6 months to any person who meets the qualifications set forth in NRS 640.080, except subsection 3 thereof, upon certification that the person has been assigned to the State of Nevada on a temporary basis to assist in a medical emergency. Issuance of the temporary license is subject to such fees, not to exceed $100, and conditions as the Board may require.

      2.  A student of physical therapy is not required to be licensed during his or her clinical training if the work is done under the direct supervision of a licensed physical therapist.

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

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

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

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

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

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

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

      (a) Shall not use as his or her title or professional credentials any words, letters or insignia except for the words “graduate of physical therapy.”

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

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

      NRS 640.140  Licensing of physical therapist licensed in another state or territory.  The Board may, in its discretion, license as a physical therapist, without examination, on the payment of the required fee, an applicant for licensure who is a physical therapist registered under the laws of another state or territory, if the requirements for licensure of physical therapists in the state or territory in which the applicant was licensed were at the date of licensure substantially equal to the current requirements of this state.

      [9:364:1955]—(NRS A 1989, 1577)

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

      1.  A license to practice physical therapy expires on July 31 of each year. A physical therapist may renew a license before its expiration upon:

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

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

      (c) Submission of all information required to complete the renewal.

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

      (a) Payment of the annual renewal fee and the annual expiration fee established by the Board for each year the license is expired; and

      (b) Submission of all information required to complete the renewal.

      3.  The Board shall require licensed physical therapists to complete a program of continuing education as a requirement for the renewal of licenses. The Board shall, by regulation:

      (a) Prescribe the curriculum;

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

      (c) Establish the fees,

Ê for the program.

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

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

DISCIPLINARY ACTION

      NRS 640.160  Authorized actions; grounds.

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

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

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

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

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

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

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

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

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

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

      (d) Has been convicted of any crime involving moral turpitude.

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

      (f) Is guilty, in the judgment of the Board, of gross negligence in his or her practice as a physical therapist which may be evidenced by claims of malpractice settled against a practitioner.

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

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

      (i) Has entered into any contract or arrangement which provides for the payment of an unearned fee to any person following his or her referral of a patient.

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

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

      (l) Is determined to be professionally incompetent by the Board.

      (m) Has violated any provision of this chapter or the Board’s regulations.

      (n) Has operated a medical facility, as defined in NRS 449.0151, at any time during which:

             (1) The license of the facility was suspended or revoked; or

             (2) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This paragraph applies to an owner or other principal responsible for the operation of the facility.

      [14:364:1955]—(NRS A 1971, 2044; 1975, 119; 1981, 598, 937; 1983, 1541; 1987, 1569; 1989, 1578; 1993, 794, 888; 1995, 548; 2003, 3456; 2005, 782; 2009, 895; 2011, 858)

      NRS 640.1605  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 physical therapist or physical therapist’s assistant, 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 physical therapist or physical therapist’s assistant 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, 2149; A 2005, 2807)

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

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

      2.  The complaint must allege one or more of the grounds enumerated in NRS 640.160 and must contain a statement of facts showing that a provision of this chapter or the Board’s regulations has been violated. The complaint must be sufficiently detailed to enable the respondent to understand the allegations.

      3.  The complaint must be in writing and 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. The original complaint and two copies must be filed with the Board.

      4.  The Board shall review each complaint. If a complaint shows a substantial violation of a provision of this chapter or the Board’s regulations, the Board shall proceed with a hearing on the complaint pursuant to the provisions of chapter 622A of NRS.

      5.  The Board shall retain all complaints filed with the Board pursuant to this section for at least 10 years, including, without limitation, any complaints not acted upon.

      (Added to NRS by 1981, 931; A 1989, 1579; 2005, 782; 2009, 896; 2013, 2241)

      NRS 640.162  Commencement of disciplinary proceedings required for certain violations of Industrial Insurance Act.  Notwithstanding the provisions of chapter 622A of NRS, if the Board receives a report pursuant to subsection 5 of NRS 228.420, a disciplinary proceeding regarding the report must be commenced within 30 days after the Board receives the report.

      (Added to NRS by 1981, 932; A 1993, 795; 2005, 783)

      NRS 640.163  Subpoenas.

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

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

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

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

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

      (c) The witness has failed or refused to attend or produce the books or papers required by the subpoena before the Board in the cause or proceeding named in the subpoena, or has refused to answer questions propounded to him or her in the course of the hearing; and

      (d) The Board therefore requests an order of the court compelling the witness to attend and testify or produce the books or papers before the Board.

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

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

      (Added to NRS by 1981, 932)

      NRS 640.164  Fees and mileage for witness.  Each witness who appears by order of the Board is entitled to receive for his or her attendance the same fees and mileage allowed by law to a witness in a civil case. The amount must be paid by the party who requested the subpoena. When any witness, who has not been required to attend at the request of any party, is subpoenaed by the Board, his or her fees and mileage must be paid from the funds of the Board.

      (Added to NRS by 1981, 932)

UNLAWFUL ACTS; ENFORCEMENT; PENALTIES

      NRS 640.169  Unlawful to practice physical therapy without license; exceptions; civil penalties.

      1.  Except as otherwise provided in NRS 629.091 and 640.120, it is unlawful for any person to practice physical therapy in this State unless the person holds a license or a temporary license issued pursuant to this chapter. A person who violates the provisions of this subsection is guilty of a gross misdemeanor.

      2.  In addition to any criminal penalty that may be imposed for a violation of subsection 1, the Board, after notice and hearing, may:

      (a) Issue an order against any person who has violated subsection 1 imposing an administrative penalty of not more than $5,000 for each violation. Any administrative penalty collected pursuant to this paragraph must be deposited in the State General Fund.

      (b) Issue and serve on the person an order to cease and desist until the person obtains from the Board the proper license or otherwise demonstrates that he or she is no longer in violation of subsection 1. An order to cease and desist must include a telephone number with which the person may contact the Board.

      (c) Issue a citation to the person. A citation issued pursuant to this paragraph must be in writing, describe with particularity the nature of the violation and inform the person of the provisions of this paragraph. Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued. To appeal a citation, the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation.

      (d) Impose any combination of the penalties set forth in paragraphs (a), (b) and (c).

      (Added to NRS by 1981, 933; A 1989, 1579; 1995, 753; 2005, 697; 2013, 2241)

      NRS 640.1695  Practicing or offering to practice 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 practices or offers to practice physical therapy or as a physical therapist’s assistant without the appropriate license issued pursuant to the provisions of this chapter.

      (Added to NRS by 2013, 2240)

      NRS 640.170  Penalty for unauthorized use of letters, words or insignia.  A person who is not licensed under this chapter as a physical therapist, or whose license has been suspended, revoked or has expired and who uses in connection with his or her name the words or letters “L.P.T.,” “Licensed Physical Therapist,” “R.P.T.,” “Registered Physical Therapist,” “P.T.,” “Physical Therapist,” or any other letters, words or insignia indicating or implying that the person is a licensed physical therapist, or who in any other way, orally, or in writing, or in print, by sign, directly or by implication, represents himself or herself as a licensed physical therapist, is guilty of a misdemeanor.

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

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

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

      NRS 640.190  Restriction on practice of other forms of healing.  This chapter does not authorize a physical therapist, whether licensed or not, to practice medicine, osteopathic medicine, homeopathic medicine, chiropractic or any other form or method of healing.

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

      NRS 640.210  Enforcement: Duties of Board; injunction.

      1.  The Board shall investigate every supposed violation of this chapter coming to its notice and shall report to the proper district attorney all cases that in the judgment of the Board warrant prosecution.

      2.  Whenever any person has engaged or is about to engage in any acts or practices which constitute or will constitute an offense against 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 subsection shall be governed by Rule 65 of the Nevada Rules of Civil Procedure, except that no bond or undertaking shall be required in any action commenced by the Board.

      [20:364:1955]—(NRS A 1959, 195)

PHYSICAL THERAPISTS’ ASSISTANTS

      NRS 640.230  Qualifications of applicant.  To be eligible for licensing by the Board as a physical therapist’s assistant, an applicant must:

      1.  Be at least 18 years old.

      2.  Be of good moral character.

      3.  Have graduated from an approved high school.

      4.  Have completed an educational curriculum approved by the Board for a physical therapist’s assistant.

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

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

      NRS 640.240  Requirements for educational curriculum.

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

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

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

      2.  The Board may refuse to approve any educational curriculum for physical therapist’s assistants if the curriculum does not include such courses in theory and procedures as determined by the Board to be necessary for these assistants.

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

      NRS 640.250  Application for license: Contents; fee.  Unless he or she is entitled to a license under NRS 640.270, a person who desires to be licensed as a physical therapist’s assistant must:

      1.  Apply to the Board, in writing, on a form furnished by the Board. The application for licensure as a physical therapist’s assistant must also be signed by the supervising physical therapist of the applicant.

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

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

      4.  Submit to the Board with the application a complete set of fingerprints which the Board may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      5.  Submit such documentation and proof as the Board may require.

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

      7.  Submit all other information required to complete the application.

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

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

      1.  The Board shall license as a physical therapist’s assistant each applicant who proves to the satisfaction of the Board his or her qualifications for a license.

      2.  The Board shall issue to each qualified applicant a license that authorizes the applicant to represent himself or herself as a physical therapist’s assistant and to practice as that assistant.

      3.  Each physical therapist’s assistant shall display his or her current license in a location which is accessible to the public.

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

      5.  A license as a physical therapist’s assistant is valid as long as a supervising physical therapist supervises the physical therapist’s assistant.

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

      NRS 640.270  Licensing of physical therapist’s assistant licensed in another state or territory.  The Board may license as a physical therapist’s assistant, without examination, on the payment of the required fee, an applicant who is licensed as a physical therapist’s assistant under the laws of another state or territory whose requirements at the date of licensure were substantially equal to the current requirements of this state.

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

      NRS 640.275  Temporary license for medical emergency; temporary exemptions from licensing for certain students and applicants.

      1.  The Board may issue, without examination, a temporary license to practice as a physical therapist’s assistant to a person who:

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

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

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

      3.  A student who is enrolled in a program to become a physical therapist’s assistant is not required to be licensed during his or her clinical training if the work is performed under the direct supervision of a physical therapist.

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

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

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

      (c) The person has not previously failed an examination for licensure as a physical therapist’s assistant;

      (d) The person practices as a physical therapist’s assistant under the direct supervision of a supervising physical therapist and in accordance with the provisions of this chapter and the regulations of the Board; and

      (e) The person complies with any other requirements of the Board to practice as a physical therapist’s assistant during the period of the temporary exemption.

      5.  The temporary exemption authorized by subsection 4 begins on the date on which the Board notifies the person that he or she may practice as a physical therapist’s assistant under the temporary exemption and continues until the date of the examination if the person does not take the examination or until the date on which the Board notifies the person of the results of the examination. During the period of the temporary exemption, the person:

      (a) Shall not use as his or her title or professional credentials the words, letters or insignia “P.T.A.” or “Physical Therapist’s Assistant,” or any other letters, words or insignia indicating or implying that he or she is a licensed physical therapist’s assistant.

      (b) Is subject to the regulatory and disciplinary authority of the Board to the same extent as a licensed physical therapist’s assistant.

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

      NRS 640.280  Renewal of license; expiration and reinstatement; continuing education; fees.

      1.  The license of a physical therapist’s assistant expires on July 31 of each year. A physical therapist’s assistant may renew a license before its expiration upon:

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

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

      (c) Submission of all information required to complete the renewal.

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

      3.  The Board shall require each physical therapist’s assistant to complete a program of continuing education as a prerequisite for the renewal of a license. The Board shall prescribe the curriculum and approve the courses of study or training for that program.

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

      NRS 640.290  Supervision.  A person licensed as a physical therapist’s assistant may assist in the practice of physical therapy only under the direct supervision of a supervising physical therapist, as regulated by the Board and subject to the conditions and limitations of NRS 640.230 to 640.300, inclusive.

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

      NRS 640.300  Penalty for unauthorized use of letters, words or insignia.  Any person:

      1.  Who is not licensed under NRS 640.230 to 640.300, inclusive, as a physical therapist’s assistant;

      2.  Whose license has been suspended or revoked; or

      3.  Whose license has expired and has not been reinstated,

Ê and who uses in connection with his or her name the words or letters “P.T.A.” or “Physical Therapist’s Assistant,” or any other letters, words or insignia indicating or implying that he or she is a licensed physical therapist’s assistant, or who in any other way, orally, or in writing, or in print, by sign, directly, or by implication, represents himself or herself as a licensed physical therapist’s assistant, is guilty of a misdemeanor.

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

PHYSICAL THERAPISTS’ TECHNICIANS

      NRS 640.310  Supervision by physical therapist while performing treatments related to physical therapy.

      1.  A physical therapist shall provide immediate supervision of a physical therapist’s technician while the technician performs treatments related to physical therapy which have been directed by the physical therapist.

      2.  As used in this section, “treatment” does not include secretarial, clerical or housekeeping activities, the transportation of a patient or the dressing or undressing of a patient.

      (Added to NRS by 1993, 2543)