[Rev. 12/21/2019 2:49:55 PM--2019]

CHAPTER 625A - ENVIRONMENTAL HEALTH SPECIALISTS

GENERAL PROVISIONS

NRS 625A.010        Purpose of registration; certificate revocable. [Repealed.]

NRS 625A.015        Legislative declaration.

NRS 625A.020        Definitions.

NRS 625A.021        “Board” defined.

NRS 625A.023        “Certificate of registration” and “certificate” defined. [Repealed.]

NRS 625A.025        “Environmental health specialist” defined.

NRS 625A.026        “Environmental health specialist trainee” defined.

NRS 625A.028        “Practice of environmental health” defined.

NRS 625A.0285      “Provisional registration” defined.

NRS 625A.029        “Temporary registration” defined.

NRS 625A.0295      Applicability of chapter. [Effective through June 30, 2020.]

NRS 625A.0295      Applicability of chapter. [Effective July 1, 2020.]

BOARD OF ENVIRONMENTAL HEALTH SPECIALISTS

NRS 625A.030        Creation; appointment, terms and qualifications; vacancies; removal of members; election of Chair and Vice Chair.

NRS 625A.040        Meetings: Frequency; quorum; compliance with Open Meeting Law.

NRS 625A.050        Salary of members; per diem allowance and travel expenses of members and employees.

NRS 625A.055        Employment and compensation of Executive Director, professional consultants and other employees; reimbursement of certain expenses; payment of expenses and salaries from fees received by Board.

NRS 625A.057        Duties.

NRS 625A.059        Subpoenas; oaths.

NRS 625A.060        Deposit and use of fees collected by Board; delegation of authority concerning disciplinary action; deposit of civil penalties; claim for attorney’s fees or costs of investigation.

NRS 625A.070        Biennial reports: Contents; distribution of copies. [Repealed.]

NRS 625A.080        Records of proceedings; annual audits; seal; regulations. [Repealed.]

NRS 625A.090        Maintenance of register of applicants and holders of certificates. [Repealed.]

REGISTRATION

NRS 625A.095        Issuance of registration to qualified persons to whom chapter does not apply.

NRS 625A.097        General qualifications for registration.

NRS 625A.100        Application: Form; fingerprints; fee; proof.

NRS 625A.105        Payment of child support: Submission of certain information by applicant; grounds for denial of registration; 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 625A.105        Payment of child support: Submission of certain information by applicant; grounds for denial of registration; 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 625A.110        Environmental health specialist: Qualifications for registration; exceptions; issuance of registration by endorsement.

NRS 625A.112        Temporary registration.

NRS 625A.115        Environmental health specialist trainee: Qualifications for provisional registration; expiration and extension of provisional registration; regulations.

NRS 625A.120        Examination for registration.

NRS 625A.125        Procedure upon denial of application.

NRS 625A.130        Fees.

NRS 625A.140        Contents of certificate. [Repealed.]

NRS 625A.145        Registration: Period of validity; renewal; late renewal; reinstatement after expiration; inactive status; regulations.

NRS 625A.150        Renewal of registration: Continuing education; exemptions; regulations.

DISCIPLINARY AND OTHER ACTIONS

NRS 625A.160        Grounds for disciplinary action.

NRS 625A.165        Suspension of registration for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of registration. [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 625A.170        Unprofessional conduct.

NRS 625A.175        Complaint against applicant or holder of registration; retention of complaints.

NRS 625A.180        Authorized actions; private reprimands prohibited; orders imposing discipline deemed public records.

NRS 625A.185        Confidentiality of certain records of Board; exceptions.

PROHIBITED ACTS; PENALTIES; ENFORCEMENT

NRS 625A.900        Unlawful to practice without appropriate registration; penalties.

NRS 625A.910        Unlawful to use certain titles, abbreviations or letters without registration; penalties.

NRS 625A.920        Inspection of premises by Board.

_________

GENERAL PROVISIONS

      NRS 625A.010  Purpose of registration; certificate revocable.  Repealed. (See chapter 344, Statutes of Nevada 2019, at page 2124.)

 

      NRS 625A.015  Legislative declaration.  The Legislature hereby declares that the practice of environmental health is a learned profession, affecting public safety and welfare and charged with the public interest, and is therefore subject to protection and regulation by the State.

      (Added to NRS by 2019, 2112)

      NRS 625A.020  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 625A.021 to 625A.029, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1987, 1157; A 1995, 89; 1997, 1057; 2005, 1987; 2019, 2114)

      NRS 625A.021  “Board” defined.  “Board” means the Board of Environmental Health Specialists.

      (Added to NRS by 2005, 1985; A 2019, 2114)

      NRS 625A.023  “Certificate of registration” and “certificate” defined.  Repealed. (See chapter 344, Statutes of Nevada 2019, at page 2124.)

 

      NRS 625A.025  “Environmental health specialist” defined.

      1.  “Environmental health specialist” means a person who is engaged in the practice of environmental health and who holds a registration as an environmental health specialist issued by the Board pursuant to NRS 625A.110.

      2.  The term does not include any person to whom the provisions of this chapter do not apply pursuant to NRS 625A.0295, unless the person holds a registration as an environmental health specialist issued by the Board pursuant to NRS 625A.110.

      (Added to NRS by 2005, 1985; A 2019, 2114)

      NRS 625A.026  “Environmental health specialist trainee” defined.  “Environmental health specialist trainee” means a person who is engaged in the practice of environmental health and who holds a provisional registration as an environmental health specialist trainee issued by the Board pursuant to NRS 625A.115.

      (Added to NRS by 2005, 1985; A 2019, 2115)

      NRS 625A.028  “Practice of environmental health” defined.  “Practice of environmental health” means the use of public health principles in the application of the sanitary sciences to prevent human injury and illness by:

      1.  Identifying and evaluating hazardous physical, chemical and biological agents that may adversely affect human health and the environmental sources of those agents; and

      2.  Limiting exposures to those agents in air, water, soil, food and other environmental media or settings.

      (Added to NRS by 2005, 1985; A 2019, 2115)

      NRS 625A.0285  “Provisional registration” defined.  “Provisional registration” means a provisional registration as an environmental health specialist trainee issued by the Board pursuant to NRS 625A.115.

      (Added to NRS by 2019, 2112)

      NRS 625A.029  “Temporary registration” defined.  “Temporary registration” means a temporary registration to engage in the practice of environmental health issued by the Board pursuant to NRS 625A.112.

      (Added to NRS by 2019, 2112)

      NRS 625A.0295  Applicability of chapter. [Effective through June 30, 2020.]  The provisions of this chapter, other than NRS 625A.910, do not apply to a person who:

      1.  Is employed by the Federal Government and who practices environmental health within the scope of that employment.

      2.  Is employed by and for the Division of Environmental Protection of the State Department of Conservation and Natural Resources or for a local air pollution control board. As used in this subsection, “local air pollution control board” means a board that establishes a program for the control of air pollution pursuant to NRS 445B.500.

      3.  Is employed by and for the Department of Taxation pursuant to chapter 453A or 453D of NRS and the regulations adopted pursuant thereto and who conducts inspections to determine compliance with law and regulations for the cultivation, distribution and licensure of establishments or facilities where marijuana is grown, stored, processed or offered for sale, unless the marijuana is utilized as an agent or ingredient in food products.

      4.  Performs clean up and disposal of hazardous waste and substances as a consultant certified by the State Department of Conservation and Natural Resources pursuant to the provisions of NRS 459.400 to 459.600, inclusive, and the regulations adopted pursuant thereto, unless the clean up and disposal of hazardous waste and substances is performed directly by and for a public health agency.

      5.  Practices in the field of:

      (a) Industrial hygiene, public education, indoor air quality, health physics, mold assessment or mold remediation;

      (b) Zoonotic disease ecology or vector-borne disease ecology, or both, when the practice in that field is performed as a specialty;

      (c) Mining when performed by an employee or contractor of a mining company which is engaged in mining operations in this State;

      (d) Building inspections when performed by a person whose primary purpose is to determine compliance with building and safety codes; or

      (e) Epidemiological investigations performed by a person whose primary profession or employment is as an epidemiologist or disease investigator.

      6.  Practices environmental health on a limited basis in this State if the person:

      (a) Practices for not more than 45 days in any calendar year; and

      (b) Holds a valid and unrestricted registration, certification or license as an environmental health specialist in the District of Columbia or any state or territory of the United States whose requirements for that registration, certification or licensure are substantially similar to the requirements for the issuance of a registration as an environmental health specialist in this State.

      (Added to NRS by 2019, 2112)

      NRS 625A.0295  Applicability of chapter. [Effective July 1, 2020.]  The provisions of this chapter, other than NRS 625A.910, do not apply to a person who:

      1.  Is employed by the Federal Government and who practices environmental health within the scope of that employment.

      2.  Is employed by and for the Division of Environmental Protection of the State Department of Conservation and Natural Resources or for a local air pollution control board. As used in this subsection, “local air pollution control board” means a board that establishes a program for the control of air pollution pursuant to NRS 445B.500.

      3.  Is employed by and for the Cannabis Compliance Board created by NRS 678A.350 pursuant to title 56 of NRS and the regulations adopted pursuant thereto and who conducts inspections to determine compliance with law and regulations for the cultivation, distribution and licensure of establishments or facilities where cannabis is grown, stored, processed or offered for sale, unless the cannabis is utilized as an agent or ingredient in food products.

      4.  Performs clean up and disposal of hazardous waste and substances as a consultant certified by the State Department of Conservation and Natural Resources pursuant to the provisions of NRS 459.400 to 459.600, inclusive, and the regulations adopted pursuant thereto, unless the clean up and disposal of hazardous waste and substances is performed directly by and for a public health agency.

      5.  Practices in the field of:

      (a) Industrial hygiene, public education, indoor air quality, health physics, mold assessment or mold remediation;

      (b) Zoonotic disease ecology or vector-borne disease ecology, or both, when the practice in that field is performed as a specialty;

      (c) Mining when performed by an employee or contractor of a mining company which is engaged in mining operations in this State;

      (d) Building inspections when performed by a person whose primary purpose is to determine compliance with building and safety codes; or

      (e) Epidemiological investigations performed by a person whose primary profession or employment is as an epidemiologist or disease investigator.

      6.  Practices environmental health on a limited basis in this State if the person:

      (a) Practices for not more than 45 days in any calendar year; and

      (b) Holds a valid and unrestricted registration, certification or license as an environmental health specialist in the District of Columbia or any state or territory of the United States whose requirements for that registration, certification or licensure are substantially similar to the requirements for the issuance of a registration as an environmental health specialist in this State.

      (Added to NRS by 2019, 2112, effective July 1, 2020)

BOARD OF ENVIRONMENTAL HEALTH SPECIALISTS

      NRS 625A.030  Creation; appointment, terms and qualifications; vacancies; removal of members; election of Chair and Vice Chair.

      1.  There is hereby created the Board of Environmental Health Specialists, consisting of the Chief Medical Officer or his or her designated representative and four members appointed by the Governor.

      2.  After the initial terms, each member appointed by the Governor serves a term of 3 years.

      3.  Of the members of the Board appointed by the Governor after the initial appointments:

      (a) Two members must represent the general public. These members must not be:

             (1) An environmental health specialist or environmental health specialist trainee; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of an environmental health specialist or environmental health specialist trainee.

      (b) Two members must be environmental health specialists:

             (1) Each of whom:

                   (I) Holds a current registration issued pursuant to NRS 625A.110 and is in good standing with the Board; and

                   (II) Must have practiced in the field of environmental health for the 3 years immediately preceding his or her appointment.

             (2) Of whom, one must be employed by the health district containing Washoe County and one must be employed by the health district containing Clark County.

      4.  Each member of the Board must be a resident of this State.

      5.  If a vacancy occurs during the term of a member appointed by the Governor, the Governor shall appoint a person similarly qualified to replace that member for the remainder of the unexpired term.

      6.  The Governor may, after notice and hearing, remove any member of the Board for misconduct in office, incompetency, neglect of duty or other sufficient cause.

      7.  The Board shall elect from its members who are appointed by the Governor a Chair and Vice Chair. The officers of the Board hold their respective offices at the pleasure of the Board.

      (Added to NRS by 1987, 1157; A 1995, 89; 2003, 1188; 2005, 1987; 2019, 2115)

      NRS 625A.040  Meetings: Frequency; quorum; compliance with Open Meeting Law.

      1.  The Board shall hold at least two meetings annually and may meet at other times on the call of the Chair or a majority of its members.

      2.  A majority of the Board constitutes a quorum to transact all business.

      3.  The Board shall comply with the provisions of chapter 241 of NRS and all meetings of the Board must be conducted in accordance with that chapter.

      (Added to NRS by 1987, 1157; A 1995, 90; 2005, 1987; 2019, 2116)

      NRS 625A.050  Salary of members; per diem allowance and travel expenses of members and employees.

      1.  Members of the Board are 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 1987, 1157; A 1989, 1695; 2007, 2942; 2019, 2116)

      NRS 625A.055  Employment and compensation of Executive Director, professional consultants and other employees; reimbursement of certain expenses; payment of expenses and salaries from fees received by Board.

      1.  The Board may employ and fix the compensation to be paid to:

      (a) An Executive Director; and

      (b) Attorneys, investigators and other professional consultants and any other employee necessary to the discharge of its duties.

      2.  The Board may reimburse its employees for any actual expenses they incur while acting on behalf of the Board. Any reimbursement paid pursuant to this section is in addition to any per diem allowance or travel expenses paid to those employees pursuant to NRS 625A.050.

      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 2005, 1986; A 2019, 2117)

      NRS 625A.057  Duties.  The Board shall:

      1.  Enforce the provisions of this chapter and any regulations adopted pursuant thereto;

      2.  Prepare and maintain a record of its proceedings, including, without limitation, any administrative proceedings;

      3.  Evaluate the qualifications and determine the eligibility of an applicant for any registration issued pursuant to this chapter and, upon payment of the appropriate fee, issue the appropriate registration to a qualified applicant;

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

      5.  Require a person registered pursuant to this chapter to submit to the Board documentation required by the Board to determine whether the person has acquired the skills necessary to engage in the practice of environmental health;

      6.  Investigate any complaint received by the Board against any person registered pursuant to this chapter;

      7.  Hold hearings to determine whether any provision of this chapter or any regulation adopted pursuant to this chapter has been violated;

      8.  Prescribe by regulation the qualifications required before a person may serve as a hearing officer; and

      9.  Unless the Board determines that extenuating circumstances exist, forward to the appropriate law enforcement agency any substantiated information submitted to the Board concerning a person who engages in the practice of or offers to engage in the practice of environmental health without the appropriate registration issued pursuant to the provisions of this chapter.

      (Added to NRS by 2019, 2113)

      NRS 625A.059  Subpoenas; oaths.

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

      2.  Any member of the Board may administer oaths when taking testimony in any matter relating to the duties of the Board.

      (Added to NRS by 2019, 2113)

      NRS 625A.060  Deposit and use of fees collected by Board; delegation of authority concerning disciplinary action; deposit of civil penalties; claim for attorney’s fees or costs of investigation.

      1.  All fees collected under the provisions of this chapter must be paid to the Board to be used to defray the necessary expenses of the Board. The Board shall deposit the fees in qualified banks, credit unions, savings and loan associations and savings banks in this State.

      2.  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 civil penalties therefor and deposit the money therefrom with the State Treasurer for deposit in the State General Fund.

      3.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to the provisions of subsection 2 and the Board deposits the money collected from the imposition of civil penalties 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 1987, 1158; A 1989, 1696; 1999, 1529; 2019, 2117)

      NRS 625A.070  Biennial reports: Contents; distribution of copies.  Repealed. (See chapter 344, Statutes of Nevada 2019, at page 2124.)

 

      NRS 625A.080  Records of proceedings; annual audits; seal; regulations.  Repealed. (See chapter 344, Statutes of Nevada 2019, at page 2124.)

 

      NRS 625A.090  Maintenance of register of applicants and holders of certificates.  Repealed. (See chapter 344, Statutes of Nevada 2019, at page 2124.)

 

REGISTRATION

      NRS 625A.095  Issuance of registration to qualified persons to whom chapter does not apply.  The provisions of this chapter do not preclude a person to whom the provisions do not otherwise apply pursuant to NRS 625A.0295 from being issued a registration by the Board if the person otherwise meets the requirements for the issuance of the registration.

      (Added to NRS by 2005, 1986; A 2019, 2118)

      NRS 625A.097  General qualifications for registration.  To be eligible for registration by the Board, an applicant for a registration to engage in the practice of environmental health must:

      1.  Be a natural person of good moral character;

      2.  Comply with the requirements set forth in NRS 625A.110;

      3.  Pay the fees provided for in this chapter; and

      4.  Submit all information required to complete an application for such registration.

      (Added to NRS by 2019, 2113)

      NRS 625A.100  Application: Form; fingerprints; fee; proof.  An applicant for a registration as an environmental health specialist or environmental health specialist trainee shall submit to the Board:

      1.  A completed application on a form prescribed and furnished by the Board;

      2.  If not otherwise required by a public employer which employs the applicant, 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;

      3.  The required fee;

      4.  Proof of the applicant’s educational qualifications, practical training and experience; and

      5.  All information required to complete the application.

      (Added to NRS by 1987, 1158; A 1995, 90; 1997, 2117; 2005, 1988, 2710, 2807; 2019, 2118)

      NRS 625A.105  Payment of child support: Submission of certain information by applicant; grounds for denial of registration; 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, an applicant for a registration as an environmental health specialist or environmental health specialist trainee or the holder of such a registration shall:

      (a) Include the social security number of the applicant in the application submitted to the Board.

      (b) Submit to the Board annually 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 of the registration; or

      (b) A separate form prescribed by the Board.

      3.  A registration as an environmental health specialist or environmental health specialist trainee may not be issued 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, 2116; A 2005, 1989, 2710, 2807; 2019, 2118)

      NRS 625A.105  Payment of child support: Submission of certain information by applicant; grounds for denial of registration; 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 a registration as an environmental health specialist or environmental health specialist trainee or the holder of such a registration shall submit to the Board annually 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 of the registration; or

      (b) A separate form prescribed by the Board.

      3.  A registration as an environmental health specialist or environmental health specialist trainee may not be issued 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, 2116; A 2005, 1989, 2710, 2711, 2807; 2019, 2118, 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 625A.110  Environmental health specialist: Qualifications for registration; exceptions; issuance of registration by endorsement.

      1.  Except as otherwise provided in this section, to be eligible for a registration as an environmental health specialist, an applicant:

      (a) Must:

             (1) Possess a baccalaureate or higher degree from an institution of higher education approved by the Board;

             (2) Have satisfactorily completed at least 45 quarter hours or 30 semester hours of academic work in basic science courses, including biology, chemistry, physics, geology, sanitary engineering or environmental engineering;

             (3) Have passed the examination pursuant to NRS 625A.120; and

             (4) Have at least 2 years of experience approved by the Board in the practice of environmental health;

      (b) Must possess a baccalaureate or higher degree in environmental health or environmental health science from an institution of higher education approved by the Board and have passed the examination pursuant to NRS 625A.120;

      (c) Must possess a master’s degree in public health from an institution of higher education approved by the Board and have passed the examination pursuant to NRS 625A.120; or

      (d) Must possess training or experience obtained during service in the military forces of this State or the United States which the Board determines is equivalent to at least 2 years of experience in the practice of environmental health and have passed the examination pursuant to NRS 625A.120.

      2.  The Board may issue a registration as an environmental health specialist to a person who has not passed the examination required pursuant to subsection 1 but otherwise meets the requirements of that subsection if the person:

      (a) Holds a current credential as a registered environmental health specialist with the National Environmental Health Association; or

      (b) Has passed an examination for registration, certification or licensure to practice environmental health in the District of Columbia or any state or territory of the United States whose examination for that registration, certification or licensure is determined by the Board to be substantially similar to the examination described in NRS 625A.120.

      3.  Notwithstanding the provisions of subsection 1 to the contrary, upon written application, the Board may issue a registration as an environmental health specialist to a person by endorsement if the person:

      (a) Holds a current credential as a registered environmental health specialist with the National Environmental Health Association; or

      (b) Holds a valid and unrestricted registration, certification or license as an environmental health specialist, environmental health scientist or registered sanitarian in the District of Columbia or any state or territory of the United States whose requirements for that registration, certification or licensure are substantially similar to the requirements for the issuance of a registration as an environmental health specialist in this State.

      (Added to NRS by 1987, 1158; A 1995, 91; 2005, 1989; 2019, 2119)

      NRS 625A.112  Temporary registration.

      1.  The Board may issue a temporary registration to engage in the practice of environmental health upon application and the payment of the fee required pursuant to NRS 625A.130 to any person who holds a valid and unrestricted registration, certification or license to engage in the practice of environmental health in the District of Columbia or any state or territory of the United States and who meets all the qualifications for registration in this State.

      2.  A temporary registration issued pursuant to this section:

      (a) Is valid for not more than 6 months; and

      (b) May be converted to a registration as an environmental health specialist issued pursuant to NRS 625A.110 upon:

             (1) Payment of the registration fee set forth in NRS 625A.130; and

             (2) Submittal to the Board of any information required by the Board for the conversion of the registration.

      (Added to NRS by 2019, 2114)

      NRS 625A.115  Environmental health specialist trainee: Qualifications for provisional registration; expiration and extension of provisional registration; regulations.

      1.  To engage in the practice of environmental health as an environmental health specialist trainee, a person must file with the Board an application for a provisional registration as an environmental health specialist trainee not later than 30 days after the date on which the person initially becomes employed in a position in which he or she receives training in environmental health.

      2.  Upon application and payment of the fees required pursuant to NRS 625A.130, the Board may issue a provisional registration as an environmental health specialist trainee to a person who:

      (a) Meets the educational requirements for registration as an environmental health specialist set forth in subsection 1 of NRS 625A.110;

      (b) Is employed in a position in which he or she receives training in environmental health under the direct supervision of a registered environmental health specialist; and

      (c) Is in the process of obtaining the 2 years of experience in the practice of environmental health required for eligibility for registration as an environmental health specialist pursuant to subsection 1 of NRS 625A.110.

      3.  A provisional registration of a person as an environmental health specialist trainee expires 1 year after the date on which the registration was issued. A provisional registration may be renewed not more than twice.

      4.  If the person has met all requirements to be issued a registration as an environmental health specialist other than passing the examination required pursuant to NRS 625A.120, the Board may, upon a showing of good cause, grant the person a 1-year extension of the person’s provisional registration as an environmental health specialist trainee before the person must pass the examination. A request for such an extension must be submitted by the person in writing and received by the Board at least 60 days before the date on which the person’s provisional registration as an environmental health specialist trainee expires.

      5.  The Board may adopt regulations providing for the manner in which a provisional registration as an environmental health specialist trainee may be converted to a registration as an environmental health specialist.

      (Added to NRS by 2005, 1986; A 2019, 2120)

      NRS 625A.120  Examination for registration.  Except for an applicant who may be issued a registration as an environmental health specialist without an examination pursuant to NRS 625A.110, an applicant who applies for a registration as an environmental health specialist and who is otherwise qualified for the issuance of the registration must pass the national examination for credentialing as a registered environmental health specialist offered by the National Environmental Health Association.

      (Added to NRS by 1987, 1159; A 2005, 1990; 2019, 2121)

      NRS 625A.125  Procedure upon denial of application.

      1.  Upon denial of an application for a registration, the Board shall give the person written notice of its decision mailed to the person at his or her last known address by certified mail, return receipt requested. The notice must:

      (a) State the reason for the denial; and

      (b) Inform the person that he or she has the right to a hearing before the Board.

      2.  A written request for a hearing must be filed with the Board within 30 days after the notice is mailed. If a hearing is requested, the Board shall set a time and place for a formal hearing and notify the person of the time and place set for the hearing. The Board shall hold the hearing at the time and place designated in the notice.

      (Added to NRS by 1987, 1161; A 1995, 92; 2005, 759, 1994; 2019, 2121)

      NRS 625A.130  Fees.

      1.  The Board shall charge and collect only the following fees whose amounts must be determined by the Board, but may not exceed:

 

Initial application fee............................................................................................. $250

Registration fee........................................................................................................ 150

Temporary registration fee....................................................................................... 75

Fee for the renewal of a registration...................................................................... 150

Fee for the late renewal of a registration.............................................................. 100

Fee for the reinstatement of an expired registration........................................... 250

 

      2.  All fees are payable in advance and not refundable.

      3.  If an applicant for registration is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran, the Board shall collect not more than one-half of the fee established pursuant to subsection 1 for the initial issuance of the registration.

      4.  Except as otherwise provided in subsection 3, 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 1987, 1159; A 1995, 91; 1997, 2117; 2005, 1991, 2711, 2807; 2019, 2121)

      NRS 625A.140  Contents of certificate.  Repealed. (See chapter 344, Statutes of Nevada 2019, at page 2124.)

 

      NRS 625A.145  Registration: Period of validity; renewal; late renewal; reinstatement after expiration; inactive status; regulations.

      1.  The Board shall adopt regulations prescribing:

      (a) The period for which a registration issued pursuant to the provisions of this chapter is valid which, except as otherwise provided in NRS 625A.112, must be not less than 1 year; and

      (b) The manner in which a registration issued pursuant to this chapter must be renewed.

      2.  The Board may adopt regulations providing for the late renewal of a registration and the reinstatement of an expired registration, which may include requirements for continuing education.

      3.  The Board may, at the request of a person registered as an environmental health specialist pursuant to NRS 625A.110, place a registration on inactive status if the holder of the registration does not engage in, or represent that the person is authorized to engage in, the practice of environmental health in this State.

      (Added to NRS by 2019, 2113)

      NRS 625A.150  Renewal of registration: Continuing education; exemptions; regulations.

      1.  The Board shall adopt regulations requiring participation in a program of continuing education as a prerequisite for the renewal of a registration as an environmental health specialist.

      2.  The Board may exempt an environmental health specialist from the requirements for continuing education if he or she is able to show good cause why the requirements could not be met.

      3.  An environmental health specialist who submits evidence satisfactory to the Board that he or she has retired and is no longer engaged in the practice of environmental health is exempt from the requirements for continuing education established pursuant to this section.

      (Added to NRS by 1987, 1160; A 1995, 92; 2005, 1992; 2019, 2122)

DISCIPLINARY AND OTHER ACTIONS

      NRS 625A.160  Grounds for disciplinary action.  The grounds for initiating disciplinary action under this chapter are:

      1.  Unprofessional conduct;

      2.  Conviction of a felony relating to the practice of environmental health or any offense involving moral turpitude;

      3.  The suspension or revocation of a registration, certification or license as an environmental health specialist by any other jurisdiction; or

      4.  Failure to meet the requirements for continuing education.

      (Added to NRS by 1987, 1160; A 1995, 92; 2003, 2705; 2005, 1992; 2019, 2122)

      NRS 625A.165  Suspension of registration for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of registration. [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 registration as an environmental health specialist or environmental health specialist trainee, the Board shall deem the registration 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 registration by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Board shall reinstate a registration as an environmental health specialist or environmental health specialist trainee 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 registration was suspended stating that the person whose registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      (Added to NRS by 1997, 2116; A 2005, 1993, 2807; 2019, 2123)

      NRS 625A.170  Unprofessional conduct.  The following acts, among others established by the Board, constitute unprofessional conduct:

      1.  Willfully making a false or fraudulent statement or submitting a forged or false document in applying for a registration;

      2.  Conduct that is harmful to the public health or safety;

      3.  Engaging in any conduct in his or her professional activities which is intended to deceive or which the Board has determined is unethical; or

      4.  Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any provision of this chapter or a regulation of the Board.

      (Added to NRS by 1987, 1160; A 2005, 1993; 2019, 2123)

      NRS 625A.175  Complaint against applicant or holder of registration; retention of complaints.

      1.  A complaint may be made against any applicant for a registration or any holder of a registration charging one or more of the grounds for disciplinary action with such particularity as to enable the defendant to prepare a defense.

      2.  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.

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

      (Added to NRS by 2019, 2114)

      NRS 625A.180  Authorized actions; private reprimands prohibited; orders imposing discipline deemed public records.

      1.  If the Board finds after notice and a hearing as required by law, or after providing an opportunity for such a hearing, that disciplinary or other action is necessary, the Board may, in the case of an applicant, refuse to issue a registration, and in all other cases, by order:

      (a) Place the environmental health specialist or environmental health specialist trainee on probation for a specified period or until further order of the Board;

      (b) Administer a public reprimand;

      (c) Suspend or revoke his or her registration;

      (d) Refuse to renew his or her registration;

      (e) Impose a civil penalty not to exceed $5,000 for each act constituting grounds for disciplinary action; or

      (f) Impose any combination of the disciplinary actions described in paragraphs (a) to (e), inclusive.

      2.  If the order places an environmental health specialist or environmental health specialist trainee on probation, the Board may impose such limitations or conditions upon his or her professional activities as the Board finds consistent to protect the public health.

      3.  The Board shall not administer a private reprimand.

      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 1987, 1160; A 1995, 92; 2003, 3424; 2005, 759, 1993; 2019, 2123)

      NRS 625A.185  Confidentiality of certain records of 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 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.

      (Added to NRS by 2003, 3424; A 2005, 759; 2007, 2133)

PROHIBITED ACTS; PENALTIES; ENFORCEMENT

      NRS 625A.900  Unlawful to practice without appropriate registration; penalties.

      1.  A person shall not engage in the practice of environmental health in this State unless the person holds a registration as an environmental health specialist issued by the Board pursuant to NRS 625A.110, a temporary registration issued by the Board pursuant to NRS 625A.112 or a provisional registration as an environmental health specialist trainee issued by the Board pursuant to NRS 625A.115.

      2.  Any person who violates any provision of this section is guilty of a misdemeanor.

      3.  In addition to any other penalty prescribed by law, if the Board determines that a person has violated the provisions of subsection 1, the Board may:

      (a) Issue and serve on the person an order to cease and desist until the person obtains from the Board the proper registration 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.

      (b) Assess against the person an administrative fine of not more than $5,000.

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

      (Added to NRS by 2005, 1985; A 2019, 2124)

      NRS 625A.910  Unlawful to use certain titles, abbreviations or letters without registration; penalties.

      1.  A person shall not use the title “registered environmental health specialist,” “environmental health specialist,” “registered sanitarian” or “sanitarian,” or the abbreviation “R.E.H.S.,” “E.H.S.” or “R.S.” after his or her name, unless the person holds a registration as an environmental health specialist issued by the Board pursuant to NRS 625A.110.

      2.  A person shall not use the title “environmental health specialist trainee,” or any abbreviation or letters after his or her name that would suggest that the person is an environmental health specialist trainee, unless the person holds a provisional registration as an environmental health specialist trainee issued by the Board pursuant to NRS 625A.115.

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

      (Added to NRS by 1987, 1161; A 1995, 93; 2005, 1994; 2019, 2124)

      NRS 625A.920  Inspection of premises by Board.  Any member or agent of the Board may enter any premises in this State where a person who holds a registration issued pursuant to the provisions of this chapter practices environmental health 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 environmental health without the appropriate registration issued pursuant to the provisions of this chapter.

      (Added to NRS by 2019, 2114)