NRS: CHAPTER 640A - OCCUPATIONAL THERAPISTS

[Rev. 11/6/2011 12:22:07 PM]

CHAPTER 640A - OCCUPATIONAL THERAPISTS

GENERAL PROVISIONS

NRS 640A.010 Legislative declaration.

NRS 640A.020 Definitions.

NRS 640A.030 “Board” defined.

NRS 640A.040 “Occupational therapist” defined.

NRS 640A.050 “Occupational therapy” defined.

NRS 640A.060 “Occupational therapy assistant” defined.

NRS 640A.070 Applicability of chapter.

BOARD OF OCCUPATIONAL THERAPY

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

NRS 640A.090 Meetings; Chair; quorum.

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

NRS 640A.110 Powers and duties.

LICENSING

NRS 640A.120 Qualifications for license.

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

NRS 640A.140 Application for license.

NRS 640A.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 640A.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 640A.150 Examination for license.

NRS 640A.160 Issuance of license without examination.

NRS 640A.170 Temporary licensing.

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

NRS 640A.190 Fees.

ENFORCEMENT

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

NRS 640A.205 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 640A.210 Authority to conduct investigations, hold hearings and examine witnesses; subpoenas.

NRS 640A.220 Confidentiality of certain records of Board; exceptions; retention of complaints.

NRS 640A.230 Unauthorized practice prohibited; required supervision; penalty.

_________

GENERAL PROVISIONS

NRS 640A.010 Legislative declaration. The Legislature declares that the purpose of this chapter is to protect the public health, safety and welfare by ensuring that:

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

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

(Added to NRS by 1991, 986)

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

(Added to NRS by 1991, 986)

NRS 640A.030 “Board” defined. “Board” means the Board of Occupational Therapy.

(Added to NRS by 1991, 986)

NRS 640A.040 “Occupational therapist” defined. “Occupational therapist” means a person who is licensed pursuant to this chapter to practice occupational therapy.

(Added to NRS by 1991, 986)

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

1. Teaching patients skills for daily living;

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

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

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

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

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

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

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

9. Incorporating into the treatment of patients the safe and appropriate use of physical therapeutic modalities and techniques which have been acquired through an appropriate program of education approved by the Board pursuant to subsection 2 of NRS 640A.120, or through a program of continuing education or higher education; and

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

(Added to NRS by 1991, 986)

NRS 640A.060 “Occupational therapy assistant” defined. “Occupational therapy assistant” means a person who is licensed pursuant to this chapter to practice occupational therapy under the general supervision of an occupational therapist.

(Added to NRS by 1991, 987)

NRS 640A.070 Applicability of chapter. This chapter does not apply to a person:

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

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

3. Enrolled in an educational program approved by the Board which is designed to lead to a certificate or degree in occupational therapy, if the person is designated by a title which clearly indicates that he or she is a student.

4. Obtaining the supervised experience necessary to satisfy the requirements of subsection 3 of NRS 640A.120.

5. Practicing occupational therapy in this State in association with an occupational therapist licensed pursuant to this chapter if the person:

(a) Practices in this State for not more than 45 days in a calendar year;

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

(c) Meets the requirements for certification as an “occupational therapist registered” or “certified occupational therapy assistant” established by the American Occupational Therapy Certification Board.

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

BOARD OF OCCUPATIONAL THERAPY

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

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

2. The Governor shall appoint to the Board:

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

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

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

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

3. Each member of the Board must be a resident of Nevada. An occupational therapist or occupational therapy assistant appointed to the Board must:

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

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

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

5. If a vacancy occurs during a member’s term, the Governor shall appoint a person qualified under this chapter to replace that member for the remainder of the unexpired term.

(Added to NRS by 1991, 987; A 1995, 93; 2003, 1197; 2007, 1846)

NRS 640A.090 Meetings; Chair; quorum.

1. The Board shall:

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

(b) Elect a Chair at the regular meeting in January of each year.

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

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

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

1. The members of the Board serve without compensation, except that while engaged in the business of the Board, each member is entitled to the per diem allowance and travel expenses provided for state officers and employees generally.

2. The Board may employ an Executive Secretary and any other employees it deems necessary, establish their duties and fix their salaries.

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

(Added to NRS by 1991, 988)

NRS 640A.110 Powers and duties. The Board shall:

1. Enforce the provisions of this chapter;

2. Maintain a record of its proceedings;

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

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

5. Require a person licensed pursuant to this chapter to submit to the Board such documentation or perform such practical demonstrations as the Board deems necessary to determine whether the licensee has acquired the skills necessary to perform physical therapeutic modalities.

(Added to NRS by 1991, 988)

LICENSING

NRS 640A.120 Qualifications for license. To be eligible for licensing by the Board as an occupational therapist or occupational therapy assistant, an applicant must:

1. Be a natural person of good moral character.

2. Except as otherwise provided in NRS 640A.130, have satisfied the academic requirements of an educational program approved by the Board. The Board shall not approve an educational program designed to qualify a person to practice as:

(a) An occupational therapist unless the program is accredited by the Commission on Accreditation of Allied Health Education Programs of the American Medical Association in collaboration with the American Occupational Therapy Association.

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

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

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

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

Ê of supervised experience approved by the Board. The Board shall not approve any supervised experience unless the experience was sponsored by the American Occupational Therapy Association or the educational institution at which the applicant satisfied the requirements of subsection 2.

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

(Added to NRS by 1991, 988)

NRS 640A.130 Waiver for completion of equivalent foreign education and experience. The Board may waive the requirements of subsections 2 and 3 of NRS 640A.120 for an applicant who:

1. Receives an education in occupational therapy from a foreign school; and

2. Proves to the satisfaction of the Board that his or her education and experience are substantially equivalent to the education and experience required by those subsections.

(Added to NRS by 1991, 989)

NRS 640A.140 Application for license.

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

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

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

2. The application must include all information required to complete the application.

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

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

(a) An applicant for the issuance of a license as an occupational therapist or occupational therapy 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 an occupational therapist or occupational therapy 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 an occupational therapist or occupational therapy 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, 2151; A 2005, 2753, 2807)

1. In addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a license as an occupational therapist or occupational therapy 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 an occupational therapist or occupational therapy 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

(Added to NRS by 1997, 2151; A 2005, 2753, 2754, 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 640A.150 Examination for license.

1. The Board shall:

(a) Approve an examination for licensing as an occupational therapist and an examination for licensing as an occupational therapy assistant;

(b) Establish the requirements to pass each examination;

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

2. Each examination must be in writing and be designed to test an applicant’s knowledge of:

(a) The basic and clinical sciences relating to occupational therapy;

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

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

(Added to NRS by 1991, 989)

NRS 640A.160 Issuance of license without examination. The Board may issue, without examination, a license as an occupational therapist or occupational therapy assistant to a person who has the qualifications required pursuant to subsections 1, 2 and 3 of NRS 640A.120 and who is:

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

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

(Added to NRS by 1991, 989)

NRS 640A.170 Temporary licensing.

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

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

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

2. The Board may renew a temporary license no more than once and may revoke a temporary license for any of the grounds set forth in NRS 640A.200.

(Added to NRS by 1991, 990)

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

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

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

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

(a) Does not practice occupational therapy, or represent that the person is authorized to practice occupational therapy, in this State; and

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

(Added to NRS by 1991, 990)

NRS 640A.190 Fees.

1. The Board may by regulation establish reasonable fees for:

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

(b) The initial issuance of a license;

(d) The annual renewal of a license; and

(e) The late renewal of a license.

2. The fees must be set in such an amount as to reimburse the Board for the cost of carrying out the provisions of this chapter.

(Added to NRS by 1991, 990)

ENFORCEMENT

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

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

2. 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.

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

4. As used in this section, “unprofessional conduct” includes:

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

(b) The conviction of:

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

(2) Any crime involving moral turpitude;

(d) The operation of a medical facility, as defined in NRS 449.0151, at any time during which:

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

(2) An act or omission occurs which results 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.

(Added to NRS by 1991, 990; A 1993, 795; 2003, 2714, 3456; 2005, 783; 2009, 897)

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 an occupational therapist or occupational therapy 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 an occupational therapist or occupational therapy 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, 2152; A 2005, 2807)

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

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

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

(b) The Chair of the Board may issue subpoenas to compel the attendance of witnesses and the production of books and papers.

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

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

4. If it appears to the court that the subpoena was regularly issued by the Board, the court shall enter an order compelling compliance with the subpoena, and upon failure to obey the order the person must be dealt with as for contempt of court.

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

NRS 640A.220 Confidentiality of certain records of Board; exceptions; retention of complaints.

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 provisions of this section do not prohibit the Board from communicating or cooperating with or providing 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. The Board shall retain all complaints filed with the Board for at least 10 years, including, without limitation, any complaints not acted upon.

(Added to NRS by 1991, 991; A 2003, 3457; 2005, 784; 2007, 2142; 2009, 897)

NRS 640A.230 Unauthorized practice prohibited; required supervision; penalty.

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

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

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

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