[Rev. 6/2/2018 8:38:54 PM--2017]

CHAPTER 640 - PHYSICAL THERAPISTS, PHYSICAL THERAPIST ASSISTANTS AND PHYSICAL THERAPIST TECHNICIANS

GENERAL PROVISIONS

NRS 640.011           Definitions.

NRS 640.013           “Board” defined.

NRS 640.016           “Immediate supervision” defined.

NRS 640.021           “Physical therapist” defined.

NRS 640.0213         “Physical therapist assistant” defined.

NRS 640.0216         “Physical therapist technician” defined.

NRS 640.022           “Physical therapy” defined.

NRS 640.024           “Practice of physical therapy” defined.

NRS 640.026           “Supervising physical therapist” defined.

NRS 640.029           Applicability of chapter.

NEVADA PHYSICAL THERAPY BOARD

NRS 640.030           Creation; number, appointment, qualifications, terms and removal of members; quorum; civil liability; compliance with Open Meeting Law.

NRS 640.035           Election of officers.

NRS 640.045           Salary of voting members; per diem allowance and travel expenses of voting members and employees.

NRS 640.050           Powers and duties; regulations.

NRS 640.055           Appointment of advisory members; term; duties.

NRS 640.060           Approval of schools or program of physical therapy.

NRS 640.065           Fiscal year.

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

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

PHYSICAL THERAPISTS AND PHYSICAL THERAPIST ASSISTANTS

Licensing

NRS 640.080           Qualifications of applicant for licensure as physical therapist.

NRS 640.090           Application: Contents; fee; fingerprints.

NRS 640.092           Qualifications of applicant for licensure as physical therapist assistant.

NRS 640.093           Requirements for program of professional education for physical therapist assistant.

NRS 640.094           Supervision.

NRS 640.095           Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 640.095           Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

NRS 640.100           Examination and reexamination of applicants; prohibition on participation in preparing, conducting or grading examination. [Repealed.]

NRS 640.110           Issuance and display of license; fee to change name on license; duration of license as physical therapist assistant.

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

NRS 640.135           Temporary exemption from licensure to practice physical therapy for physical therapist providing services to visiting athletic team or athletic event in this State; extension of exemption; conditions and limitations.

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

NRS 640.145           Expedited license by endorsement: Requirements; procedure for issuance.

NRS 640.146           Expedited license by endorsement for active member of Armed Forces, member’s spouse, veteran or veteran’s surviving spouse: Requirements; procedure for issuance; provisional license pending action on application.

NRS 640.150           Renewal; expiration and reinstatement of license; continuing competency; regulations; fees.

 

Disciplinary and Other Actions

NRS 640.155           Issuance of citation to licensee for certain violations; remedial action; administrative fine.

NRS 640.157           Request for hearing on citation; notice of hearing; hearing process; citation deemed final order of Board when not contested; service of process.

NRS 640.160           Authorized actions; grounds.

NRS 640.1605         Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

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

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

NRS 640.163           Subpoenas.

NRS 640.164           Fees and mileage for witness.

 

Prohibited Acts; Penalties; Enforcement

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

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

NRS 640.170           Penalty for unauthorized use of letters, words or insignia indicating or implying person or entity is licensed physical therapist or provides services of licensed physical therapist.

NRS 640.175           Penalty for unauthorized use of letters, words or insignia indicating or implying person is licensed physical therapist assistant.

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

NRS 640.190           Restriction on practice of other forms of healing.

NRS 640.210           Enforcement: Duties of Board; injunction.

PHYSICAL THERAPISTS’ ASSISTANTS

NRS 640.230           Qualifications of applicant. [Replaced in revision by NRS 640.092.]

NRS 640.240           Requirements for educational curriculum. [Replaced in revision by NRS 640.093.]

NRS 640.250           Application for license: Contents; fees. [Repealed.]

NRS 640.255           Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Repealed.]

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

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

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

NRS 640.280           Renewal, expiration and reinstatement of license; continuing education; fees. [Repealed.]

NRS 640.290           Supervision. [Replaced in revision by NRS 640.094.]

PHYSICAL THERAPIST TECHNICIANS

NRS 640.310           Supervision by physical therapist while performing activities related to physical therapy; regulations.

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GENERAL PROVISIONS

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

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

      NRS 640.013  “Board” defined.  “Board” means the Nevada Physical Therapy Board.

      (Added to NRS by 1971, 1124; A 2017, 1580)

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

      (Added to NRS by 1993, 2543; A 2017, 1580)

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

      (Added to NRS by 1971, 1124; A 1989, 1574; 2017, 1580)

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

      (Added to NRS by 1981, 931; A 1989, 1574; 1993, 2543; 2017, 1580)

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

      (Added to NRS by 1993, 2543; A 2017, 1580)

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

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

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

      1.  Includes:

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

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

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

      2.  Does not include:

      (a) The diagnosis of physical disabilities;

      (b) The use of roentgenic rays or radium;

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

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

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

      NRS 640.026  “Supervising physical therapist” defined.  “Supervising physical therapist” means a physical therapist who supervises a physical therapist assistant, a physical therapist technician, a student who is completing a program for physical therapists or physical therapist assistants or a graduate of such a program.

      (Added to NRS by 1989, 1574; A 1993, 2544; 2017, 1580)

      NRS 640.029  Applicability of chapter.

      1.  This chapter does not apply to:

      (a) A provider of health care who:

             (1) Is licensed to practice in this state;

             (2) Practices within the scope of that license; and

             (3) Does not use any letters, words or insignia listed in NRS 640.170 or 640.175 in connection with his or her name or otherwise represent that he or she is a physical therapist or physical therapist assistant, or that he or she practices physical therapy; or

      (b) A physical therapist who is temporarily exempt from licensure pursuant to NRS 640.135 and is practicing physical therapy within the scope of the exemption.

      2.  As used in this section, “provider of health care” has the meaning ascribed to it in NRS 629.031.

      (Added to NRS by 1991, 991; A 1993, 2544; 2003, 904; 2017, 1581, 3484)

NEVADA PHYSICAL THERAPY BOARD

      NRS 640.030  Creation; number, appointment, qualifications, terms and removal of members; quorum; civil liability; compliance with Open Meeting Law.

      1.  The Nevada Physical Therapy Board, consisting of five members appointed by the Governor, and any nonvoting advisory members appointed by the Board pursuant to NRS 640.055, is hereby created.

      2.  The Governor shall appoint:

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

      (b) One member who is a licensed physical therapist assistant in the State of Nevada.

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

             (1) A physical therapist or a physical therapist assistant; or

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

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

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

      5.  A majority of the voting members of the Board constitutes a quorum.

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

      7.  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.

      [Part 3:364:1955] — (NRS A 1957, 77; 1977, 1257; 1981, 933; 1989, 1574; 2003, 1196; 2017, 1581)

      NRS 640.035  Election of officers.  At the first meeting of each fiscal year, the Board shall elect a Chair, a Vice Chair and a Secretary-Treasurer from among its members.

      (Added to NRS by 2007, 1846; A 2017, 1581)

      NRS 640.045  Salary of voting members; per diem allowance and travel expenses of voting members and employees.

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

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

      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

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

      (Added to NRS by 1963, 157; A 1975, 305; 1981, 934, 1994; 1989, 1702; 2007, 2953; 2017, 1581)

      NRS 640.050  Powers and duties; regulations.

      1.  The Board shall:

      (a) Enforce the provisions of this chapter and any regulations adopted pursuant thereto;

      (b) Evaluate the qualifications and determine the eligibility of an applicant for a license as a physical therapist or physical therapist assistant and, upon payment of the applicable fee, issue the appropriate license to a qualified applicant;

      (c) Investigate any complaint filed with the Board against a licensee; and

      (d) 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 practices as a physical therapist or physical therapist assistant without a license.

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

      (a) Issuance and display of licenses.

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

      3.  The Board shall prepare and maintain a record of its proceedings, including, without limitation, any disciplinary proceedings.

      4.  The Board shall maintain a list of licensed physical therapists authorized to practice physical therapy and physical therapist assistants licensed to assist in the practice of physical therapy in this State.

      5.  The Board may:

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

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

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

      6.  Any member or agent of the Board may enter any premises in this State where a person who holds a license issued pursuant to the provisions of this chapter practices physical therapy or as a physical therapist assistant and inspect the premises to determine whether a violation of any provision of this chapter or any regulation adopted pursuant thereto has occurred, including, without limitation, an inspection to determine whether any person at the premises is practicing physical therapy or as a physical therapist assistant without the appropriate license issued pursuant to the provisions of this chapter.

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

      [Part 3:364:1955] + [4:364:1955] — (NRS A 1963, 157; 1971, 1126; 1981, 934; 1989, 1575; 1993, 2544; 2013, 2240; 2017, 1582)

      NRS 640.055  Appointment of advisory members; term; duties.  The Board may, by majority vote, select any person, including, without limitation, a physical therapist or physical therapist assistant, to serve as an advisory member of the Board. The Board shall prescribe the term and duties of any advisory member it selects pursuant to this section. An advisory member may not vote on any matter before the Board. Advisory members serve without compensation.

      (Added to NRS by 2017, 1579)

      NRS 640.060  Approval of schools or program of physical therapy.  For the purposes of NRS 640.080 and 640.092, the Board shall approve any school or program of professional education for physical therapists and physical therapist assistants taught at a school if the school is accredited by an accrediting agency recognized by the Board.

      [19:364:1955] — (NRS A 1981, 934; 1989, 1576; 2005, 695; 2017, 1583)

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

      (Added to NRS by 1963, 157)

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

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

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

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

      4.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3, the Board shall deposit the money collected from the imposition of administrative fines in the State General Fund. The Board may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      [13:364:1955] — (NRS A 1963, 158; 1983, 1541; 1993, 2545; 1999, 1535; 2005, 781; 2017, 1583)

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

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

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

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

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

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

PHYSICAL THERAPISTS AND PHYSICAL THERAPIST ASSISTANTS

Licensing

      NRS 640.080  Qualifications of applicant for licensure as physical therapist.  Except as otherwise provided in NRS 640.145 and 640.146, to be eligible for licensure by the Board as a physical therapist, an applicant must:

      1.  Be of good moral character;

      2.  Have graduated from a school in which he or she completed a program of professional education for physical therapists approved by the Board; and

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

      [5:364:1955] — (NRS A 1975, 1296; 1981, 934; 1989, 1576; 2015, 3023, 3901; 2017, 1583)

      NRS 640.090  Application: Contents; fee; fingerprints.

      1.  Unless he or she is entitled to licensure under NRS 640.120, 640.145 or 640.146, a person who desires to be licensed as a physical therapist or physical therapist assistant must:

      (a) Apply to the Board, in the form prescribed by the Board;

      (b) Include in the application evidence, under oath, satisfactory to the Board, that the person possesses the qualifications required by NRS 640.080 or 640.092, as applicable, other than having passed the examination;

      (c) Pay to the Board at the time of filing the application a fee set by a regulation of the Board in an amount not to exceed $300 for a license as a physical therapist or $200 for a license as a physical therapist assistant;

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

      (e) Submit other documentation and proof the Board may require; and

      (f) Submit all other information required to complete the application.

      2.  If an applicant submits an application for a license by endorsement pursuant to NRS 640.146, the Board shall collect not more than one-half of the fee specified in paragraph (c) of subsection 1 for the initial issuance of the license.

      [6:364:1955] — (NRS A 1957, 77; 1967, 858; 1971, 1126; 1981, 935; 1989, 1576; 1997, 2150; 2003, 2861; 2005, 2751, 2807; 2015, 3023, 3901; 2017, 1583)

      NRS 640.092  Qualifications of applicant for licensure as physical therapist assistant.  Except as otherwise provided in NRS 640.145 and 640.146, to be eligible for licensing by the Board as a physical therapist assistant, an applicant must:

      1.  Be at least 18 years old.

      2.  Be of good moral character.

      3.  Have completed a program of professional education approved by the Board for a physical therapist assistant.

      4.  Pass an examination designated by the Board or be entitled to licensing without examination as provided in NRS 640.120.

      (Added to NRS by 1971, 1125; A 1981, 938; 1989, 1580; 1993, 2545; 2017, 1591) — (Substituted in revision for NRS 640.230)

      NRS 640.093  Requirements for program of professional education for physical therapist assistant.

      1.  For the purposes of NRS 640.092, the Board shall not approve any program of professional education for a physical therapist assistant unless the program includes elementary or intermediate courses in clinical, anatomical, biological and physical sciences and is:

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

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

      2.  The Board may refuse to approve any program of professional education for physical therapist assistants if the program does not include such courses in theory and procedures as determined by the Board to be necessary for these assistants.

      (Added to NRS by 1971, 1125; A 1981, 938; 1989, 1580; 1993, 2545; 2005, 697; 2017, 1591) — (Substituted in revision for NRS 640.240)

      NRS 640.094  Supervision.  A person licensed as a physical therapist assistant may assist in the practice of physical therapy only under the supervision of a supervising physical therapist, as regulated by the Board and subject to the conditions and limitations of this chapter and any regulations adopted pursuant thereto.

      (Added to NRS by 1971, 1126; A 1981, 939; 1989, 1581; 1993, 2546; 2017, 1592) — (Substituted in revision for NRS 640.290)

      NRS 640.095  Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

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

      (a) An applicant for the issuance of a license as a physical therapist or physical therapist assistant shall include the social security number of the applicant in the application submitted to the Board.

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

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

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

      (b) A separate form prescribed by the Board.

      3.  A license as a physical therapist or physical therapist assistant may not be issued or renewed by the Board if the applicant:

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

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

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

      (Added to NRS by 1997, 2149; A 2005, 2751, 2807; 2017, 1584)

      NRS 640.095  Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

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

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

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

      (b) A separate form prescribed by the Board.

      3.  A license as a physical therapist or physical therapist assistant may not be issued or renewed by the Board if the applicant:

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

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

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

      (Added to NRS by 1997, 2149; A 2005, 2751, 2752, 2807; 2017, 1584, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

      NRS 640.100  Examination and reexamination of applicants; prohibition on participation in preparing, conducting or grading examination.  Repealed. (See chapter 300, Statutes of Nevada 2017, at page 1592.)

 

      NRS 640.110  Issuance and display of license; fee to change name on license; duration of license as physical therapist assistant.

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

      2.  The Board shall issue to each applicant who proves to the satisfaction of the Board his or her qualification for licensure:

      (a) As a physical therapist, a license as a physical therapist. The license authorizes the applicant to represent himself or herself as a licensed physical therapist and to practice physical therapy in the State of Nevada subject to the conditions and limitations of this chapter.

      (b) As a physical therapist assistant, a license as a physical therapist assistant. The license authorizes the applicant to represent himself or herself as a licensed physical therapist assistant and to practice as a licensed physical therapist assistant subject to the conditions and limitations of this chapter.

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

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

      5.  A license as a physical therapist assistant remains valid while a supervising physical therapist continues to supervise the physical therapist assistant.

      [11:364:1955] — (NRS A 1959, 194; 1967, 858; 1981, 935; 1987, 852; 1989, 1576; 2017, 1585)

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

      1.  The Board may issue, without examination, a license to practice as a physical therapist or physical therapist assistant for a period not to exceed 6 months to any person who meets all the other qualifications set forth in NRS 640.080 or 640.092, as applicable, upon certification that the person has been assigned to the State of Nevada on a temporary basis to assist in a medical emergency. Issuance of the temporary license is subject to such fees, not to exceed $100, and conditions as the Board may require.

      2.  A student who is enrolled in a program of professional education for physical therapists or physical therapist assistants approved by the Board is not required to be licensed to work under the supervision of a physical therapist who is present on-site to satisfy a requirement of that program.

      3.  A person who has applied for licensure as a physical therapist or physical therapist assistant and who meets the qualifications set forth in NRS 640.080 or 640.092, except subsection 3 of NRS 640.080 or subsection 4 of NRS 640.092, as applicable, is temporarily exempt from licensure and may practice physical therapy or as a physical therapist assistant, as applicable, during the period of the temporary exemption if:

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

      (b) The Board has approved the person to sit for the examination required by NRS 640.080 or 640.092, as applicable;

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

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

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

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

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

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

      [8:364:1955] — (NRS A 1967, 858; 1979, 714; 1981, 936; 1989, 1577; 2005, 695; 2017, 1585)

      NRS 640.135  Temporary exemption from licensure to practice physical therapy for physical therapist providing services to visiting athletic team or athletic event in this State; extension of exemption; conditions and limitations.

      1.  Except as otherwise provided in subsection 5, if a physical therapist who holds a valid and unrestricted license to practice physical therapy in another state or territory of the United States or another country has entered into a written or oral agreement to provide services to members of a visiting athletic team or organization, the physical therapist is temporarily exempt from licensure and may practice physical therapy in this State while providing services pursuant to the agreement to members of the visiting athletic team or organization who are present in this State for the purpose of engaging in competition or training.

      2.  Except as otherwise provided in subsection 5, if a physical therapist who holds a valid and unrestricted license to practice physical therapy in another state or territory of the United States or another country has been invited by the governing body of a national organization to provide services to persons participating in an athletic event or training sanctioned or operated by the organization, the physical therapist is temporarily exempt from licensure and may practice physical therapy in this State while providing services to such persons.

      3.  Except as otherwise provided in this subsection and subsection 4, an exemption described in this section is valid for a period of not more than 10 days for each competition or training session. Upon the application of a physical therapist, the Board may grant an exemption of not more than 20 additional days for each competition or training session.

      4.  A physical therapist who is practicing physical therapy under an exemption described in this section shall not:

      (a) Practice physical therapy at a medical facility;

      (b) Provide services to persons who are not described in subsection 1 or 2, as applicable; or

      (c) Practice physical therapy under such an exemption for more than 60 days in a calendar year.

      5.  The provisions of this section do not apply to any contest or exhibition of unarmed combat conducted pursuant to chapter 467 of NRS.

      6.  As used in this section, “visiting athletic team or organization” means an athletic team or organization which is primarily based at a location outside of this State.

      (Added to NRS by 2017, 3483)

      NRS 640.140  Licensing of physical therapist licensed in another state or territory.  Repealed. (See chapter 300, Statutes of Nevada 2017, at page 1592.)

 

      NRS 640.145  Expedited license by endorsement: Requirements; procedure for issuance.

      1.  The Board may issue a license by endorsement as a physical therapist or physical therapist assistant to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license as a physical therapist or physical therapist assistant, as applicable, in the District of Columbia or any state or territory of the United States.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined and is not currently being investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license as a physical therapist or physical therapist assistant; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 640.090;

      (c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

      (d) A fee in the amount of the fee set by a regulation of the Board pursuant to paragraph (c) of subsection 1 of NRS 640.090 for an application for a license; and

      (e) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to the applicant not later than:

      (a) Forty-five days after receiving the application; or

      (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

      4.  A license by endorsement may be issued at a meeting of the Board or between its meetings by the Chair of the Board or his or her designee. Such an action shall be deemed to be an action of the Board.

      (Added to NRS by 2015, 3022; A 2017, 1586)

      NRS 640.146  Expedited license by endorsement for active member of Armed Forces, member’s spouse, veteran or veteran’s surviving spouse: Requirements; procedure for issuance; provisional license pending action on application.

      1.  The Board may issue a license by endorsement as a physical therapist or physical therapist assistant to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:

      (a) Holds a corresponding valid and unrestricted license as a physical therapist or physical therapist assistant in the District of Columbia or any state or territory of the United States; and

      (b) 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.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

            (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined and is not currently being investigated by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a license as a physical therapist or physical therapist assistant; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 640.090;

      (c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

      (d) A fee in the amount set by a regulation of the Board pursuant to paragraph (c) of subsection 1 of NRS 640.090 for an application for a license; and

      (e) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to the applicant not later than:

      (a) Forty-five days after receiving all the additional information required by the Board to complete the application; or

      (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

      4.  A license by endorsement may be issued at a meeting of the Board or between its meetings by the Chair of the Board or his or her designee. Such an action shall be deemed to be an action of the Board.

      5.  At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice as a physical therapist or physical therapist assistant, as applicable, in accordance with regulations adopted by the Board.

      6.  As used in this section, “veteran” has the meaning ascribed to it in NRS 417.005.

      (Added to NRS by 2015, 3900; A 2017, 1587)

      NRS 640.150  Renewal; expiration and reinstatement of license; continuing competency; regulations; fees.

      1.  A license to practice as a physical therapist or physical therapist assistant expires 1 year after the date of its issuance or on the date prescribed by the Board, whichever is later. Except as otherwise provided in subsection 2, a physical therapist or physical therapist assistant may renew a license before its expiration upon:

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

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

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

      2.  A license may be renewed within 30 days after the date it expires. An expired license that is not renewed in a timely manner may be reinstated, at the discretion of the Board, upon:

      (a) Payment of the reinstatement fee established by regulation of the Board for each year or portion thereof that the license is expired; and

      (b) Satisfaction of the requirements for renewal prescribed by subsection 1.

      3.  The Board shall require licensed physical therapists and physical therapist assistants to complete a program of continuing competency as a requirement for the renewal of licenses. The Board shall, by regulation, establish requirements for the program of continuing competency, which may include a requirement that any provider of such a program must be approved by the Board.

      4.  The Board:

      (a) Shall establish a fee for reinstatement of an expired license, to be paid for each year or portion thereof that the license is expired.

      (b) May establish a fee of not more than $150 to consider approval of a program of continuing competency.

      [12:364:1955] — (NRS A 1957, 78; 1967, 859; 1981, 936; 1985, 1411; 1989, 1577; 1997, 2150; 2005, 696, 2752, 2807; 2017, 1588)

Disciplinary and Other Actions

      NRS 640.155  Issuance of citation to licensee for certain violations; remedial action; administrative fine.

      1.  After conducting an inspection pursuant to NRS 640.050, a member or agent of the Board may issue a citation to a licensee if the member or agent concludes that, based on a preponderance of the evidence, the licensee has violated:

      (a) Subsection 3 of NRS 640.110;

      (b) Any regulation of the Board that requires a licensee to provide his or her address to the Board, display his or her license or a copy thereof, practice only under the name listed on his or her license or document in the record of a patient any treatment provided to the patient; or

      (c) Any regulation of the Board establishing requirements for the supervision of an unlicensed person by a physical therapist or limiting the number of persons who may be supervised by a physical therapist.

      2.  A citation issued pursuant to this section may include, without limitation, an order to:

      (a) Take action to correct any condition resulting from any act that constitutes a violation of a provision set forth in subsection 1, at the cost of the person who committed the violation. If the citation contains such an order, the citation must:

             (1) State the time permitted for compliance, which must be not less than 5 business days after the date the person receives the citation; and

             (2) Specifically describe the corrective action to be taken.

      (b) Pay an administrative fine not to exceed the amount prescribed pursuant to subsection 3.

      (c) Reimburse the Board for any expenses incurred to investigate the violation, in an amount not to exceed $150.

      3.  Any administrative fine imposed pursuant to this section must be:

      (a) For a first violation, in the amount prescribed by regulation of the Board, which must be not less than $100 or more than $500;

      (b) For a second violation, in the amount prescribed by regulation of the Board, which must be not less than $250 or more than $1,000; and

      (c) For a third violation and for each additional violation, in the amount determined by the Board after the licensee appears before the Board.

      4.  The sanctions authorized by this section are separate from, and in addition to, any other remedy, civil or criminal, authorized by this chapter.

      (Added to NRS by 2017, 1579)

      NRS 640.157  Request for hearing on citation; notice of hearing; hearing process; citation deemed final order of Board when not contested; service of process.

      1.  Except as otherwise provided in this subsection, to contest a citation issued pursuant to NRS 640.155, the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation. The Board may, for good cause shown, extend the time to submit a request for a hearing.

      2.  If the person to whom a citation is issued files a timely written request for a hearing to contest the citation:

      (a) The Board shall provide notice of and conduct the hearing in accordance with this chapter and the provisions of chapters 233B and 622A of NRS governing the adjudication of contested cases.

      (b) At the hearing, the licensee may contest, without limitation:

             (1) The facts forming the basis for the determination that the licensee has committed an act which constitutes a violation of a provision described in NRS 640.155;

             (2) The time allowed to take any corrective action ordered;

             (3) The amount of any administrative fine ordered;

             (4) The amount of any payment ordered to reimburse the Board for the expenses incurred to investigate the violation; and

             (5) Whether any corrective action described in the citation is reasonable.

      3.  If a person to whom a citation is issued pursuant to NRS 640.155 does not file timely a written request for a hearing to contest the citation, the citation shall be deemed a final order of the Board and any assessed fine deemed due and payable and any corrective action deemed required.

      4.  For the purposes of this section, a citation issued pursuant to NRS 640.155 shall be deemed to have been received by a person:

      (a) On the date on which the citation is personally delivered to the person; or

      (b) If the citation is mailed, 3 business days after the date on which the citation is mailed by certified mail to the last known business or residential address of the person.

      (Added to NRS by 2017, 1579)

      NRS 640.160  Authorized actions; grounds.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

      NRS 640.1605  Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

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

      2.  The Board shall reinstate a license as a physical therapist or physical therapist assistant that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      (Added to NRS by 1997, 2149; A 2005, 2807; 2017, 1588)

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

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

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

      3.  The complaint must be in writing and may be filed anonymously. If a complaint is filed anonymously, the Board may accept the complaint but may refuse to consider the complaint if anonymity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint. The original complaint and two copies must be filed with the Board.

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

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

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

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

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

      NRS 640.163  Subpoenas.

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

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

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

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

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

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

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

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

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

      (Added to NRS by 1981, 932)

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

      (Added to NRS by 1981, 932)

Prohibited Acts; Penalties; Enforcement

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

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

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

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

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

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

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

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

      NRS 640.1695  Practicing or offering to practice without license: Reporting requirements of Board.  Unless the Board determines that extenuating circumstances exist, the Board shall forward to the appropriate law enforcement agency any substantiated information submitted to the Board concerning a person who practices or offers to practice physical therapy or as a physical therapist assistant without the appropriate license issued pursuant to the provisions of this chapter.

      (Added to NRS by 2013, 2240; A 2017, 1589)

      NRS 640.170  Penalty for unauthorized use of letters, words or insignia indicating or implying person or entity is licensed physical therapist or provides services of licensed physical therapist.

      1.  A person who is licensed under this chapter as a physical therapist shall use the words or letters “P.T.” or “Physical Therapist” immediately following his or her name when representing himself or herself as a licensed physical therapist.

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

      3.  A sole proprietorship, corporation, limited-liability company, association, partnership or other form of business organization shall not:

      (a) Use in connection with its name or business activities the words or letters “L.P.T.,” “Licensed Physical Therapist,” “R.P.T.,” “Registered Physical Therapist,” “P.T.,” “Physical Therapist,” “physical therapy,” or any other letters, words or insignia indicating or implying that the sole proprietorship, corporation, limited-liability company, association, partnership or other form of business organization provides, through employees, agents, independent contractors or representatives, services constituting the practice of physical therapy; or

      (b) Represent in any other way, orally, or in writing, or in print, by sign, directly or by implication, that the sole proprietorship, corporation, limited-liability company, association or partnership provides services constituting the practice of physical therapy,

Ê unless the services constituting the practice of physical therapy are provided by or under the supervision of a licensed physical therapist. A sole proprietorship, corporation, limited-liability company, association, partnership or other form of business organization that violates this subsection is guilty of a misdemeanor.

      4.  In addition to any criminal penalty that may be imposed for a violation of subsection 2 or 3, the Board, after notice and hearing, may:

      (a) Issue an order against any person who has violated subsection 2 or 3 imposing an administrative penalty of not more than $5,000 for each violation. Any administrative penalty collected pursuant to this paragraph must be deposited in the State General Fund.

      (b) Issue and serve on the person an order to cease and desist until the person obtains from the Board the proper license or otherwise demonstrates that he or she is no longer in violation of subsection 2 or 3. An order to cease and desist must include a telephone number with which the person may contact the Board.

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

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

      [15:364:1955] — (NRS A 1959, 194; 1989, 1579; 2017, 1589)

      NRS 640.175  Penalty for unauthorized use of letters, words or insignia indicating or implying person is licensed physical therapist assistant.

      1.  A person who is licensed under NRS 640.092, 640.093 and 640.094 as a physical therapist assistant shall use the words or letters “P.T.A.” or “Physical Therapist Assistant” immediately following his or her name when representing himself or herself as a licensed physical therapist assistant.

      2.  Any person:

      (a) Who is not licensed as a physical therapist assistant;

      (b) Whose license has been suspended or revoked; or

      (c) Whose license has expired and has not been reinstated,

Ê and who uses in connection with his or her name the words or letters “P.T.A.” or “Physical Therapist Assistant,” or any other letters, words or insignia indicating or implying that he or she is a licensed physical therapist assistant, or who in any other way, orally, or in writing, or in print, by sign, directly, or by implication, represents himself or herself as a licensed physical therapist assistant, is guilty of a misdemeanor.

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

      (a) Issue an order against any person who has violated subsection 2 imposing an administrative penalty of not more than $5,000 for each violation. Any administrative penalty collected pursuant to this paragraph must be deposited in the State General Fund.

      (b) Issue and serve on the person an order to cease and desist until the person obtains from the Board the proper license or otherwise demonstrates that he or she is no longer in violation of subsection 2. An order to cease and desist must include a telephone number with which the person may contact the Board.

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

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

      (Added to NRS by 1971, 1126; A 1981, 939; 1989, 1581; 1993, 2547; 2017, 1590) — (Substituted in revision for NRS 640.300)

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

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

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

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

      NRS 640.210  Enforcement: Duties of Board; injunction.

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

      2.  Whenever any person has engaged or is about to engage in any acts or practices which constitute or will constitute an offense against this chapter, the district court of any county, on application of the Board, may issue an injunction or any other order restraining such conduct. Except as otherwise provided in subsection 3, proceedings under this subsection shall be governed by Rule 65 of the Nevada Rules of Civil Procedure, except that no bond or undertaking shall be required in any action commenced by the Board.

      3.  In obtaining an injunction or any other order to restrain any conduct which constitutes or will constitute a violation of subsection 2 or 3 of NRS 640.170 or subsection 2 of NRS 640.175, the Board must only show that the person engaging or about to engage in the conduct violated subsection 2 or 3 of NRS 640.170 or subsection 2 of NRS 640.175 to establish that immediate and irreparable injury, loss or damage will result from the continued action of the person.

      [20:364:1955] — (NRS A 1959, 195; 2017, 1591)

PHYSICAL THERAPISTS’ ASSISTANTS

      NRS 640.230  Qualifications of applicant.  [Replaced in revision by NRS 640.092.]

 

      NRS 640.240  Requirements for educational curriculum.  [Replaced in revision by NRS 640.093.]

 

      NRS 640.250  Application for license: Contents; fees.  Repealed. (See chapter 300, Statutes of Nevada 2017, at page 1592.)

 

      NRS 640.255  Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board.  Repealed. (See chapter 300, Statutes of Nevada 2017, at page 1592.)

 

      NRS 640.260  Issuance and display of license; fee for replacement of lost license or to change name; duration of validity of license.  Repealed. (See chapter 300, Statutes of Nevada 2017, at page 1592.)

 

      NRS 640.270  Licensing of physical therapist’s assistant licensed in another state or territory.  Repealed. (See chapter 300, Statutes of Nevada 2017, at page 1592.)

 

      NRS 640.275  Temporary license for medical emergency; temporary exemptions from licensing for certain students and applicants.  Repealed. (See chapter 300, Statutes of Nevada 2017, at page 1592.)

 

      NRS 640.280  Renewal, expiration and reinstatement of license; continuing education; fees.  Repealed. (See chapter 300, Statutes of Nevada 2017, at page 1592.)

 

      NRS 640.290  Supervision.  [Replaced in revision by NRS 640.094.]

 

PHYSICAL THERAPIST TECHNICIANS

      NRS 640.310  Supervision by physical therapist while performing activities related to physical therapy; regulations.  The Board shall adopt regulations prescribing the activities that a physical therapist technician may perform only under the immediate supervision of a physical therapist. A physical therapist shall provide immediate supervision of a physical therapist technician while the technician performs any such activity.

      (Added to NRS by 1993, 2543; A 2017, 1592)