[Rev. 11/21/2013 12:41:02 PM--2013]

TITLE 54 - PROFESSIONS, OCCUPATIONS AND BUSINESSES

CHAPTER 622 - GENERAL PROVISIONS GOVERNING REGULATORY BODIES

GENERAL PROVISIONS

NRS 622.005           Definitions.

NRS 622.020           “Immediate relative” defined.

NRS 622.030           “License” defined.

NRS 622.040           “Licensee” defined.

NRS 622.050           “Member of a regulatory body” defined.

NRS 622.060           “Regulatory body” defined.

REGULATORY DUTIES

NRS 622.080           Duty to enforce provisions of title for protection and benefit of public.

NRS 622.090           Duty to apply grading methodology included in examination to determine passage of examination.

REPORTS

NRS 622.100           Quarterly reports of disciplinary actions and regulatory activities; duties of Director of Legislative Counsel Bureau.

ADMINISTRATION AND PERSONNEL

NRS 622.200           Training of members; Attorney General authorized to charge for training.

NRS 622.205           Conditions and limitations regarding members who are not licensees of regulatory body.

NRS 622.210           Conditions and limitations regarding employment of person whose immediate relative is licensee of regulatory body.

NRS 622.220           Conditions and limitations regarding employment of person as executive director or executive secretary or in similar position.

NRS 622.230           Conditions and limitations regarding contracting with person to provide services as independent contractor.

REGULATORY PROCEEDINGS; RECORDS

NRS 622.240           Renewal of license; duties of applicant with state business license; applicant that owes debt that has been assigned to State Controller for assignment; definitions. [Effective January 1, 2014.]

NRS 622.300           Duty of licensee to disclose certain information regarding immediate relatives.

NRS 622.310           Certain medical information and records protected from disclosure.

NRS 622.315           Sharing of information relating to public health concerns; joint investigations with Division of Public and Behavioral Health of Department of Health and Human Services.

NRS 622.320           Inapplicability of certain provision of Open Meeting Law to certain investigatory proceedings; applicability of that provision to certain disciplinary proceedings.

NRS 622.330           Consent and settlement agreements: Procedure for approving; deemed public records; exceptions.

NRS 622.340           Requirements for meetings conducted by audio or video teleconference.

NRS 622.350           Certain meetings conducted outside State prohibited.

NRS 622.360           Disciplinary proceedings: Licensee required to submit fingerprints; additional grounds for disciplinary action.

ATTORNEY’S FEES AND COSTS

NRS 622.400           Recovery of attorney’s fees and costs incurred by regulatory body in certain regulatory proceedings.

NRS 622.410           Recovery of attorney’s fees and costs incurred by regulatory body in certain judicial actions.

_________

GENERAL PROVISIONS

      NRS 622.005  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 622.020 to 622.060, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2003, 1185, 3416)

      NRS 622.020  “Immediate relative” defined.  “Immediate relative” means:

      1.  A spouse.

      2.  A parent, by blood, marriage or adoption.

      3.  A child, by blood, marriage or adoption.

      (Added to NRS by 2003, 1185)

      NRS 622.030  “License” defined.  “License” means any license, certificate, registration, permit or similar type of authorization issued by a regulatory body.

      (Added to NRS by 2003, 1185, 3416)

      NRS 622.040  “Licensee” defined.  “Licensee” means a person who holds any license, certificate, registration, permit or similar type of authorization issued by a regulatory body.

      (Added to NRS by 2003, 1185, 3416)

      NRS 622.050  “Member of a regulatory body” defined.  “Member of a regulatory body” means a person who is serving as a member or officer of a regulatory body.

      (Added to NRS by 2003, 1185)

      NRS 622.060  “Regulatory body” defined.  “Regulatory body” means:

      1.  Any state agency, board or commission which has the authority to regulate an occupation or profession pursuant to this title; and

      2.  Any officer of a state agency, board or commission which has the authority to regulate an occupation or profession pursuant to this title.

      (Added to NRS by 2003, 1185, 3416; A 2005, 752)

REGULATORY DUTIES

      NRS 622.080  Duty to enforce provisions of title for protection and benefit of public.  In regulating an occupation or profession pursuant to this title, each regulatory body shall carry out and enforce the provisions of this title for the protection and benefit of the public.

      (Added to NRS by 2003, 1185, 3417)

      NRS 622.090  Duty to apply grading methodology included in examination to determine passage of examination.  Notwithstanding the provisions of any specific statute to the contrary, if a regulatory body, in any testing authorized or required pursuant to this title or any regulations adopted pursuant thereto, uses or accepts a national or other examination which is produced or administered by an organization other than the regulatory body and which includes a methodology for determining the level of performance that constitutes a passing grade or score on the examination, the regulatory body shall apply that methodology in determining whether a person who took the examination achieved a passing grade or score.

      (Added to NRS by 2007, 2939)

REPORTS

      NRS 622.100  Quarterly reports of disciplinary actions and regulatory activities; duties of Director of Legislative Counsel Bureau.

      1.  Each regulatory body shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director:

      (a) A summary of each disciplinary action taken by the regulatory body during the immediately preceding calendar quarter against any licensee of the regulatory body; and

      (b) A report that includes:

             (1) The number of licenses issued by the regulatory body during the immediately preceding calendar quarter; and

             (2) Any other information that is requested by the Director or which the regulatory body determines would be helpful to the Legislature in evaluating whether the continued existence of the regulatory body is necessary.

      2.  The Director shall:

      (a) Provide any information received pursuant to subsection 1 to a member of the public upon request;

      (b) Cause a notice of the availability of such information to be posted on the public website of the Nevada Legislature on the Internet; and

      (c) Transmit a compilation of the information received pursuant to subsection 1 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      3.  The Director, on or before the first day of each regular session of the Legislature and at such other times as directed, shall compile the reports received pursuant to paragraph (b) of subsection 1 and distribute copies of the compilation to the Senate Standing Committee on Commerce and Labor and the Assembly Standing Committee on Commerce and Labor, each of which shall review the compilation to determine whether the continued existence of each regulatory body is necessary.

      (Added to NRS by 2001, 947; A 2003, 1186, 3418; 2007, 2939; 2009, 2940, 2941)

ADMINISTRATION AND PERSONNEL

      NRS 622.200  Training of members; Attorney General authorized to charge for training.

      1.  As soon as practicable after a person is first appointed to serve as a member of a regulatory body, the person must be provided with:

      (a) A written summary of the duties and responsibilities of a member of the regulatory body; and

      (b) Training on those duties and responsibilities by the Attorney General. The training must include, without limitation, instruction related to the audit that is required by NRS 218G.400, except that a person who is a member of the Nevada State Board of Accountancy is not required to be provided with instruction related to that audit.

      2.  The Attorney General may, in accordance with the provisions of NRS 228.113, charge a regulatory body for all training provided pursuant to paragraph (b) of subsection 1.

      (Added to NRS by 2003, 1185; A 2011, 368)

      NRS 622.205  Conditions and limitations regarding members who are not licensees of regulatory body.  A member of a regulatory body who is not a licensee of the regulatory body of which he or she is a member:

      1.  Shall reside in this State;

      2.  Must be a person of recognized ability and integrity;

      3.  Shall not have substantial personal or financial interests in the practice of any occupation or profession that the regulatory body has the authority to regulate or in any organization regulated by that regulatory body;

      4.  Shall not have an immediate relative who has substantial personal or financial interests in the practice of any occupation or profession that the regulatory body has the authority to regulate or in any organization regulated by that regulatory body;

      5.  Shall not be an officer, board member or employee of a statewide or national organization established for the purpose of advocating the interests of or conducting peer review of licensees of the regulatory body on which he or she serves; and

      6.  Must not be a registered lobbyist representing any interest or association relating to the practice of any occupation or profession that the regulatory body has the authority to regulate.

      (Added to NRS by 2009, 871)

      NRS 622.210  Conditions and limitations regarding employment of person whose immediate relative is licensee of regulatory body.  Except as otherwise provided in NRS 622.220, a regulatory body may not employ a person whose immediate relative is a licensee of the regulatory body, unless the regulatory body implements policies and procedures to prevent the person who is employed by the regulatory body from participating in any activities that are directly related to the licensee.

      (Added to NRS by 2003, 1186)

      NRS 622.220  Conditions and limitations regarding employment of person as executive director or executive secretary or in similar position.  If a regulatory body employs a person as an executive director or executive secretary or in a position with powers and duties similar to those of an executive director or executive secretary, the person:

      1.  Must possess a level of education or experience, or a combination of both, to qualify the person to perform the administrative and managerial tasks required of the position; and

      2.  Must not be the immediate relative of:

      (a) A member or employee of the regulatory body; or

      (b) A licensee of the regulatory body.

      (Added to NRS by 2003, 1186)

      NRS 622.230  Conditions and limitations regarding contracting with person to provide services as independent contractor.  A regulatory body may not contract with a person to provide services to the regulatory body as an independent contractor if the person is the immediate relative of:

      1.  A member or employee of the regulatory body; or

      2.  A licensee of the regulatory body, unless the regulatory body implements policies and procedures to prevent the person who is the independent contractor from participating in any activities that are directly related to the licensee.

      (Added to NRS by 2003, 1186)

REGULATORY PROCEEDINGS; RECORDS

      NRS 622.240  Renewal of license; duties of applicant with state business license; applicant that owes debt that has been assigned to State Controller for assignment; definitions. [Effective January 1, 2014.]

      1.  In addition to any other requirements set forth in this title, an applicant for the renewal of a license shall indicate in the application submitted to the regulatory body whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  A regulatory body may not renew a license if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the regulatory body pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      (Added to NRS by 2013, 2745, effective January 1, 2014)

      NRS 622.300  Duty of licensee to disclose certain information regarding immediate relatives.  If a licensee of a regulatory body appears before the regulatory body concerning any matter that is within the jurisdiction of the regulatory body, the licensee must disclose, to the best of his or her knowledge, whether an immediate relative of the licensee:

      1.  Is employed by the regulatory body; or

      2.  Has any financial, business, professional or personal relationship with a member or employee of the regulatory body.

      (Added to NRS by 2003, 1186)

      NRS 622.310  Certain medical information and records protected from disclosure.

      1.  If any provision of this title requires a regulatory body to disclose information to the public in any proceeding or as part of any record, such a provision does not apply:

      (a) To any personal medical information or records of a patient that are confidential or otherwise protected from disclosure by any other provision of federal or state law.

      (b) To any personal identifying information of a person alleged to have been injured by any act of another person for which a license, certificate or permit is required to be issued by a licensing board. Such information must be kept confidential by the licensing board in whose possession the information is held.

      2.  As used in this section, “licensing board” has the meaning ascribed to it in NRS 644.449.

      (Added to NRS by 2003, 3417; A 2013, 2214)

      NRS 622.315  Sharing of information relating to public health concerns; joint investigations with Division of Public and Behavioral Health of Department of Health and Human Services.

      1.  Any regulatory body may share information in its possession relating to public health concerns with any other regulatory body and with the Division of Public and Behavioral Health of the Department of Health and Human Services, if the confidentiality of the information is otherwise maintained in accordance with the terms and conditions required by law.

      2.  Any regulatory body may conduct a joint investigation with the Division of Public and Behavioral Health if either of them so requests and the regulatory body and the Division agree that each of them will benefit from conducting a joint investigation.

      (Added to NRS by 2009, 870)

      NRS 622.320  Inapplicability of certain provision of Open Meeting Law to certain investigatory proceedings; applicability of that provision to certain disciplinary proceedings.

      1.  The provisions of NRS 241.020 do not apply to proceedings relating to an investigation conducted to determine whether to proceed with disciplinary action against a licensee, unless the licensee requests that the proceedings be conducted pursuant to those provisions.

      2.  If the regulatory body decides to proceed with disciplinary action against the licensee, all proceedings that are conducted after that decision and are related to that disciplinary action are subject to the provisions of NRS 241.020.

      (Added to NRS by 2003, 3417)

      NRS 622.330  Consent and settlement agreements: Procedure for approving; deemed public records; exceptions.

      1.  Except as otherwise provided in this section, a regulatory body may not enter into a consent or settlement agreement with a person who has allegedly committed a violation of any provision of this title which the regulatory body has the authority to enforce, any regulation adopted pursuant thereto or any order of the regulatory body, unless the regulatory body discusses and approves the terms of the agreement in a public meeting.

      2.  A regulatory body that consists of one natural person may enter into a consent or settlement agreement without complying with the provisions of subsection 1 if:

      (a) The regulatory body posts notice in accordance with the requirements for notice for a meeting held pursuant to chapter 241 of NRS and the notice states that:

             (1) The regulatory body intends to resolve the alleged violation by entering into a consent or settlement agreement with the person who allegedly committed the violation; and

             (2) For the limited time set forth in the notice, any person may request that the regulatory body conduct a public meeting to discuss the terms of the consent or settlement agreement by submitting a written request for such a meeting to the regulatory body within the time prescribed in the notice; and

      (b) At the expiration of the time prescribed in the notice, the regulatory body has not received any requests for a public meeting regarding the consent or settlement agreement.

      3.  If a regulatory body enters into a consent or settlement agreement that is subject to the provisions of this section, the agreement is a public record.

      4.  The provisions of this section do not apply to a consent or settlement agreement between a regulatory body and a licensee that provides for the licensee to enter a diversionary program for the treatment of alcohol, chemical or substance abuse or dependency.

      (Added to NRS by 2003, 3417)

      NRS 622.340  Requirements for meetings conducted by audio or video teleconference.

      1.  Except as otherwise provided in NRS 622.330, notice of a meeting of a regulatory body, as required pursuant to NRS 241.020, must indicate whether the meeting will be conducted by an audio or video teleconference at one or more locations.

      2.  If a regulatory body conducts a meeting by an audio or video teleconference at a location specified in the notice pursuant to subsection 1, the regulatory body shall allow any person present at that location to participate in the meeting.

      3.  The provisions of this section do not prohibit a regulatory body from holding a closed meeting or preventing a person from participating in a meeting in accordance with chapter 241 of NRS.

      (Added to NRS by 2005, 2698)

      NRS 622.350  Certain meetings conducted outside State prohibited.

      1.  A regulatory body shall not hold a meeting at a location that is outside this State if:

      (a) The meeting is subject to the provisions of chapter 241 of NRS; and

      (b) During the meeting or any portion of the meeting, the regulatory body conducts any business relating to this title.

      2.  The provisions of subsection 1 do not prohibit a member of a regulatory body from attending an educational seminar, retreat for professional development or similar activity that is conducted outside this State.

      (Added to NRS by 2005, 2697)

      NRS 622.360  Disciplinary proceedings: Licensee required to submit fingerprints; additional grounds for disciplinary action.

      1.  If a regulatory body initiates disciplinary proceedings against a licensee pursuant to this title, the licensee shall, within 30 days after the licensee receives notification of the initiation of the disciplinary proceedings, submit to the regulatory body a complete set of his or her fingerprints and written permission authorizing the regulatory body 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.

      2.  The willful failure of the licensee to comply with the requirements of subsection 1 constitutes an additional ground for the regulatory body to take disciplinary action against the licensee, including, without limitation, suspending or revoking the license of the licensee.

      3.  A regulatory body has an additional ground for taking disciplinary action against the licensee if:

      (a) The report from the Federal Bureau of Investigation indicates that the licensee has been convicted of an unlawful act that is a ground for taking disciplinary action against the licensee pursuant to this title; and

      (b) The regulatory body has not taken any prior disciplinary action against the licensee based on that unlawful act.

      4.  To the extent possible, the provisions of this section are intended to supplement other statutory provisions governing disciplinary proceedings. If there is a conflict between such other provisions and the provisions of this section, the other provisions control to the extent that the other provisions provide more specific requirements regarding the discipline of a licensee.

      (Added to NRS by 2005, 2698)

ATTORNEY’S FEES AND COSTS

      NRS 622.400  Recovery of attorney’s fees and costs incurred by regulatory body in certain regulatory proceedings.

      1.  A regulatory body may recover from a person reasonable attorney’s fees and costs that are incurred by the regulatory body as part of its investigative, administrative and disciplinary proceedings against the person if the regulatory body:

      (a) Enters a final order in which it finds that the person has violated any provision of this title which the regulatory body has the authority to enforce, any regulation adopted pursuant thereto or any order of the regulatory body; or

      (b) Enters into a consent or settlement agreement in which the regulatory body finds or the person admits or does not contest that the person has violated any provision of this title which the regulatory body has the authority to enforce, any regulation adopted pursuant thereto or any order of the regulatory body.

      2.  As used in this section, “costs” means:

      (a) Costs of an investigation.

      (b) Costs for photocopies, facsimiles, long distance telephone calls and postage and delivery.

      (c) Fees for court reporters at any depositions or hearings.

      (d) Fees for expert witnesses and other witnesses at any depositions or hearings.

      (e) Fees for necessary interpreters at any depositions or hearings.

      (f) Fees for service and delivery of process and subpoenas.

      (g) Expenses for research, including, without limitation, reasonable and necessary expenses for computerized services for legal research.

      (Added to NRS by 2003, 3417)

      NRS 622.410  Recovery of attorney’s fees and costs incurred by regulatory body in certain judicial actions.  A court shall award to a regulatory body reasonable attorney’s fees and reasonable costs specified in NRS 18.005 that are incurred by the regulatory body to bring or defend in any action if:

      1.  The action relates to the imposition or recovery of an administrative or civil remedy or penalty, the enforcement of any subpoena issued by the regulatory body or the enforcement of any provision of this title which the regulatory body has the authority to enforce, any regulation adopted pursuant thereto or any order of the regulatory body; and

      2.  The court determines that the regulatory body is the prevailing party in the action.

      (Added to NRS by 2003, 3418)