Senate Bill No. 176–Committee on Commerce and Labor
February 12, 1999
____________
Referred to Committee on Commerce and Labor
SUMMARY—Transfers authority to regulate practice of audiology from board of examiners for audiology and speech pathology to board of audiologists and hearing aid specialists. (BDR 54-854)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
~
EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. Chapter 637A of NRS is hereby amended by adding thereto1-2
the provisions set forth as sections 2 to 10, inclusive, of this act.1-3
Sec. 2. "Audiologist" means a person who is licensed by the board1-4
pursuant to the provisions of this chapter to engage in the practice of1-5
audiology.1-6
Sec. 3. "Licensee" means a person who has been issued a license by1-7
the board pursuant to the provisions of this chapter.1-8
Sec. 4. "Practice of audiology" means providing or offering to1-9
provide services for the measurement, testing, appraisal, prediction,1-10
consultation, counseling, research or treatment of hearing and hearing1-11
impairment to modify disorders in communication involving speech,1-12
language and hearing.1-13
Sec. 5. The practice of fitting and dispensing hearing aids and the1-14
practice of audiology are hereby declared to be learned professions,1-15
affecting public health, safety and welfare and subject to regulation to1-16
protect the public from the practice of fitting and dispensing hearing aids1-17
and the practice of audiology by unqualified persons and from2-1
unprofessional conduct by persons who are licensed to engage in the2-2
practice of fitting and dispensing hearing aids and the practice of2-3
audiology.2-4
Sec. 6. 1. An applicant for an examination as an audiologist must2-5
submit satisfactory evidence to the board that he:2-6
(a) Is a citizen of the United States, or is lawfully entitled to remain2-7
and work in the United States;2-8
(b) Is over the age of 21 years;2-9
(c) Is of good moral character;2-10
(d) Has complied with the requirements for education or training and2-11
experience set forth in subsection 2; and2-12
(e) Has completed at least 300 hours of supervised clinical experience2-13
in audiology.2-14
2. An applicant must possess at least a master’s degree in audiology2-15
from an accredited college or university or possess equivalent training2-16
and experience. If the applicant wishes to qualify on the basis of2-17
equivalent training and experience, he must submit satisfactory evidence2-18
to the board that he has obtained at least 60 semester credits, or2-19
equivalent quarter credits, in courses related to the normal development,2-20
function and use of hearing, including, without limitation, the2-21
management of disorders of hearing and the legal, professional and2-22
ethical practice of audiology. At least 24 of the 60 credits, excluding any2-23
credits obtained for a thesis or dissertation, must have been obtained for2-24
courses directly relating to audiology.2-25
Sec. 7. The board may issue a license to engage in the practice of2-26
audiology without examination to a person who:2-27
1. Holds a license to engage in the practice of audiology in a state2-28
whose licensing requirements at the time the license was issued are2-29
deemed by the board to be substantially equivalent to the requirements2-30
set forth in this chapter;2-31
2. Holds a certificate of clinical competence issued by the American2-32
Speech-Language-Hearing Association in audiology;2-33
3. Is certified by the American Academy of Audiology; or2-34
4. Has received the degree of Doctor of Audiology.2-35
Sec. 8. 1. The board shall issue a temporary license to engage in2-36
the practice of audiology, upon application and the payment of the2-37
required fee, to a person who is so licensed in another state and who2-38
complies with the requirements for a license in this state other than2-39
passing the examination.2-40
2. A temporary license issued pursuant to this section is valid until2-41
the board publishes the results of the examination next administered2-42
after the license is issued.3-1
Sec. 9. 1. An applicant for a license to engage in the practice of3-2
audiology must:3-3
(a) Except as otherwise provided in section 7 of this act, apply for the3-4
examination in the manner prescribed in section 6 of this act.3-5
(b) Pass the examination.3-6
(c) Submit the statement required pursuant to NRS 637A.163.3-7
(d) Pay the prescribed fees, including, without limitation, the annual3-8
license fee and the initial license fee prescribed in NRS 637A.210.3-9
2. If the applicant complies with the requirements of subsection 1,3-10
the board must issue to the applicant a license to engage in the practice3-11
of audiology.3-12
Sec. 10. An audiologist who is not also a physician shall not3-13
prescribe or administer drugs or pierce or sever any body tissue.3-14
Sec. 11. NRS 637A.010 is hereby amended to read as follows: 637A.010 This chapter may be cited as the Audiologists and Hearing3-16
Aid Specialists Act.3-17
Sec. 12. NRS 637A.020 is hereby amended to read as follows: 637A.020 As used in this chapter, unless the context otherwise3-19
requires, the words and terms defined in NRS 637A.021 to 637A.024,3-20
inclusive, and sections 2, 3 and 4 of this act have the meanings ascribed to3-21
them in those sections.3-22
Sec. 13. NRS 637A.021 is hereby amended to read as follows: 637A.021 "Board" means the board of audiologists and hearing aid3-24
specialists.3-25
Sec. 14. NRS 637A.0221 is hereby amended to read as follows: 637A.0221 "Incompetence" means a lack of ability to practice safely3-27
and skillfully3-28
apprentice to a hearing aid specialist arising from:3-29
1.3-30
2. Impaired physical or mental capability, including the habitual abuse3-31
of alcohol or an addiction to any illegally obtained controlled substance.3-32
Sec. 15. NRS 637A.0223 is hereby amended to read as follows: 637A.0223 "License" means a license issued by the board pursuant to3-34
the provisions of this chapter as evidence of a licensee’s qualification to3-35
engage in the business of an audiologist, a hearing aid specialist or3-36
apprentice to a hearing aid specialist.3-37
Sec. 16. NRS 637A.0233 is hereby amended to read as follows: 637A.0233 "Negligence" means a deviation from the normal standard3-39
of professional care exercised by audiologists, hearing aid specialists or3-40
apprentices to hearing aid specialists.4-1
Sec. 17. NRS 637A.025 is hereby amended to read as follows: 637A.025 The provisions of this chapter do not apply to:4-3
1.4-4
practice medicine in4-5
dispensing program of the Department of Veterans Affairs.4-6
2.4-7
hearing for any purpose, including the selection of hearing aids, if4-8
that person does not dispense hearing aids or accessories.4-9
3. A person who:4-10
(a) Holds a credential as an audiologist issued by the department of4-11
education;4-12
(b) Is employed as an audiologist by a federal agency or the4-13
department of human resources;4-14
(c) Is a graduate student intern enrolled in a school or program4-15
approved by the board and is pursuing a graduate degree in audiology;4-16
or4-17
(d) Holds a certificate from the Council on Education of the Deaf as a4-18
teacher of the deaf,4-19
and who does not engage in the private practice of audiology in this state4-20
and does not dispense hearing aids and acessories.4-21
Sec. 18. NRS 637A.030 is hereby amended to read as follows: 637A.030 The board of audiologists and hearing aid specialists,4-23
consisting of4-24
created.4-25
Sec. 19. NRS 637A.035 is hereby amended to read as follows: 637A.035 1. The governor shall appoint4-27
(a) One member who is a physician with a specialty in4-28
otorhinolaryngology or otology.4-29
(b) One member who is4-30
4-31
4-32
4-33
4-34
Churchill, Douglas, Elko, Eureka, Humboldt, Lander, Lyon, Mineral,4-35
Pershing, Storey, Washoe or White Pine County.4-36
(c) One member who is an audiologist and resides in Clark,4-37
Esmeralda, Lincoln or Nye County.4-38
(d) One member who is a hearing aid specialist and resides in Carson4-39
City or Churchill, Douglas, Elko, Eureka, Humboldt, Lander, Lyon,4-40
Mineral, Pershing, Storey, Washoe or White Pine County.4-41
(e) One member who is a hearing aid specialist and resides in Clark,4-42
Esmeralda, Lincoln or Nye County.5-1
(f) One member who is a representative of the general public and has5-2
a hearing disorder.5-3
2. After their initial terms, the members of the board shall serve terms5-4
of 3 years.5-5
3.5-6
manufacturer.5-7
4. The members of the board serve at the pleasure of the governor.5-8
5. The member who is a representative of the general public shall not5-9
participate in preparing, conducting or grading any examination5-10
required by the board.5-11
Sec. 20. NRS 637A.100 is hereby amended to read as follows: 637A.100 The board shall:5-13
1. Administer and enforce the provisions of this chapter.5-14
2. Adopt reasonable rules and regulations for its administration and5-15
government and for the administration of this chapter.5-16
3. Administer and conduct comprehensive examinations of applicants5-17
5-18
audiology or the business of a hearing aid specialist. All examination5-19
papers must be kept by the board for at least 1 year after the date of the5-20
examination. Examinations5-21
5-22
Sec. 21. NRS 637A.110 is hereby amended to read as follows: 637A.110 The board may:5-24
1. Appoint a technical, clerical and operational staff as may be5-25
required. The number of the staff appointed must be limited by the money5-26
available for that purpose in the audiology and hearing aid licensing fund.5-27
2. Grant or refuse licenses for any of the causes specified in the5-28
provisions of this chapter.5-29
3. Take disciplinary action against a licensee.5-30
4. Take depositions and issue subpoenas for5-31
hearing authorized by the provisions of this chapter.5-32
5. Establish reasonable educational requirements for applicants and5-33
apprentices and reasonable requirements for the continuing education of5-34
audiologists, hearing aid specialists and apprentices5-35
specialists.5-36
Sec. 22. NRS 637A.140 is hereby amended to read as follows: 637A.140 An applicant for an examination as a hearing aid specialist5-38
must submit satisfactory evidence to the board that5-39
5-40
1. Is a citizen of the United States or is lawfully entitled to remain in5-41
the United States.5-42
2.6-1
3.6-2
4. Has complied with the minimum educational requirements6-3
established by the board.6-4
Sec. 23. NRS 637A.150 is hereby amended to read as follows: 637A.150 1. Upon receipt by the board of an application for6-6
examination or licensure, the secretary shall review it for conformity with6-7
the applicable requirements and submit the application to the board at its6-8
next scheduled meeting together with his recommendation for approval or6-9
disapproval. If the board is satisfied that the information contained in the6-10
application is true, that the applicant6-11
applicable requirements and that he has paid the applicable fee, it shall6-12
approve the application.6-13
2. An application may be disapproved by the board if the applicant6-14
has:6-15
(a) Been convicted of fraud or misrepresentation.6-16
(b) Been denied similar licensure in another state.6-17
(c) Been the subject of disciplinary action by a professional licensing6-18
board in this or any other state.6-19
(d) Practiced as an audiologist or a hearing aid specialist without6-20
6-21
(e) Engaged in any other conduct deemed to be unprofessional by the6-22
board.6-23
3. If the board approves the application, the secretary shall promptly6-24
notify the applicant in writing of the approval and, if applicable, of the time6-25
and place of examination.6-26
4. If the board disapproves the application, the secretary shall promptly6-27
notify the applicant in writing of the disapproval, stating the reasons6-28
therefor.6-29
5. Any applicant for examination whose application is approved by the6-30
board may take the examination required in NRS6-31
section 9 of this act.6-32
Sec. 24. NRS 637A.160 is hereby amended to read as follows: 637A.160 1.6-34
6-35
hearing aid specialist must6-36
6-37
6-38
(a) Except as otherwise provided in NRS 637A.170, apply for an6-39
examination in the manner prescribed in NRS 637A.140;6-40
(b) Pass the examination.6-41
(c) Submit the statement required pursuant to NRS 637A.163.6-42
(d) Pay the prescribed fees, including the annual license fee and the6-43
initial license fee prescribed in NRS 637A.210.7-1
2. The license must be issued and delivered by the secretary to the7-2
licensee therein named upon compliance by the licensee with the7-3
requirements prescribed in subsection 1. If the applicant complies with the7-4
requirements of subsection 1, the board must issue to the applicant a7-5
license as a hearing aid specialist.7-6
Sec. 25. NRS 637A.163 is hereby amended to read as follows: 637A.163 1. An applicant for7-8
renewal of a license as an audiologist, a hearing aid specialist7-9
7-10
7-11
board the statement prescribed by the welfare division of the department of7-12
human resources pursuant to NRS 425.520. The statement must be7-13
completed and signed by the applicant.7-14
2. The board shall include the statement required pursuant to7-15
subsection 1 in:7-16
(a) The application or any other forms that must be submitted for the7-17
7-18
(b) A separate form prescribed by the board.7-19
3. A license as an audiologist, a hearing aid specialist or an apprentice7-20
to a hearing aid specialist may not be issued or renewed by the board if the7-21
applicant:7-22
(a) Fails to submit the statement required pursuant to subsection 1; or7-23
(b) Indicates on the statement submitted pursuant to subsection 1 that he7-24
is subject to a court order for the support of a child and is not in7-25
compliance with the order or a plan approved by the district attorney or7-26
other public agency enforcing the order for the repayment of the amount7-27
owed pursuant to the order.7-28
4. If an applicant indicates on the statement submitted pursuant to7-29
subsection 1 that he is subject to a court order for the support of a child and7-30
is not in compliance with the order or a plan approved by the district7-31
attorney or other public agency enforcing the order for the repayment of the7-32
amount owed pursuant to the order, the board shall advise the applicant to7-33
contact the district attorney or other public agency enforcing the order to7-34
determine the actions that the applicant may take to satisfy the arrearage.7-35
Sec. 26. NRS 637A.190 is hereby amended to read as follows: 637A.1907-37
conspicuously in each place where he engages in the practice of audiology7-38
or conducts business as a hearing aid specialist or7-39
hearing aid specialist.7-40
Sec. 27. NRS 637A.205 is hereby amended to read as follows: 637A.205 Upon a written request to the board and the payment of the7-42
applicable fee, a licensee in good standing may have his name and license7-43
transferred to an inactive list. Such a licensee shall not engage in the8-1
practice of audiology or the business of hearing aid specialist or an8-2
apprentice to a hearing aid specialist during the time the license is inactive.8-3
If an inactive licensee8-4
or the business as a hearing aid specialist or as an apprentice to a hearing8-5
aid specialist, the board shall reactivate the license upon the:8-6
1. Demonstration, if deemed necessary by the board, that the licensee8-7
is qualified and competent to practice;8-8
2. Completion of an application for reinstatement; and8-9
3. Payment of the fee for renewal of the license.8-10
Payment of the lapsed renewal fee and the renewal fee for any year while8-11
the license was inactive is not required.8-12
Sec. 28. NRS 637A.210 is hereby amended to read as follows: 637A.210 The board shall charge fees which must not be greater than8-14
the following:8-15
For a license as an audiologist or a hearing aid specialist:8-16
Application fee $2508-17
Examination fee 2008-18
Initial license fee 1008-19
Annual license fee 2008-20
Duplicate license fee 208-21
Inactive status fee 1008-22
For a person who holds a license as an audiologist and a license8-23
as a hearing aid specialist:8-24
Application fee $2508-25
Annual license fee 2008-26
Duplicate license fee 208-27
Inactive status fee 1008-28
For a license as an apprentice to a hearing aid specialist:8-29
Application fee $2508-30
Annual license fee 1008-31
Inactive status fee 1008-32
For all licenses issued by the board:8-33
Lapsed renewal fee per year for each year, or fraction8-34
thereof, that the annual license fee has not been paid $1008-35
Reinstatement fee 1009-1
Sec. 29. NRS 637A.243 is hereby amended to read as follows:9-2
637A.243 1. A hearing aid specialist licensed pursuant to this chapter9-3
may sell hearing aids by catalog or mail if:9-4
(a) He has received a written statement signed by a physician licensed9-5
pursuant to chapter 630 of NRS, an advanced practitioner of nursing9-6
licensed pursuant to chapter 632 of NRS9-7
9-8
pursuant to this chapter which verifies that he has performed an otoscopic9-9
examination of that person and that the results of the examination indicate9-10
that the person may benefit from the use of a hearing aid;9-11
(b) He has received a written statement signed by a physician licensed9-12
pursuant to chapter 630 of NRS9-13
specialist licensed pursuant to9-14
9-15
performed an audiometric examination of that person in compliance with9-16
regulations adopted by the board and that the results of the examination9-17
indicate that the person may benefit from the use of a hearing aid;9-18
(c) He has received a written statement signed by a hearing aid specialist9-19
licensed pursuant to this chapter which verifies that an ear impression has9-20
been taken; and9-21
(d) The person has signed a statement acknowledging that the licensee is9-22
selling him the hearing aid by catalog or mail based upon the information9-23
submitted by the person in accordance with the provisions of this section.9-24
2. A hearing aid specialist who sells hearing aids by catalog or mail9-25
shall maintain a record of each sale of a hearing aid made pursuant to this9-26
section for not less than 5 years.9-27
3. The board may adopt regulations to carry out the provisions of this9-28
section, including, without limitation, the information which must be9-29
included in each record required to be maintained pursuant to subsection 2.9-30
Sec. 30. NRS 637A.250 is hereby amended to read as follows: 637A.250 The board may take disciplinary action against a licensee9-32
after a hearing which discloses that the licensee:9-33
1. Has been convicted of a felony.9-34
2. Has been convicted of violating any of the provisions of NRS9-35
616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.9-36
3. Obtained the license by fraud or misrepresentation.9-37
4. Has made any false or fraudulent statements concerning the practice9-38
of audiology, hearing aids or the business of hearing aid specialist.9-39
5. Has been guilty of negligence, incompetence or unprofessional9-40
conduct in his practice as an audiologist or a hearing aid specialist. As9-41
used in this subsection, "unprofessional conduct" includes, without9-42
limitation:10-1
(a) Conduct which is intended to deceive or which the board by10-2
10-3
(b) Conduct which is harmful to the public or any conduct detrimental to10-4
the public health or safety;10-5
(c) Conduct for which disciplinary action was taken by an agency of10-6
another state10-7
audiology or hearing aid specialists; and10-8
(d) Knowingly employing, directly or indirectly, any person who is not10-9
licensed to10-10
(1) Fit and dispense hearing aids or whose license to fit10-11
dispense hearing aids has been suspended or revoked10-12
(2) Engage in the practice of audiology or whose license to engage10-13
in the practice of audiology has been suspended or revoked.10-14
6. Has loaned or transferred his license to another person.10-15
7. Willfully violated any law of this state or any provision of this10-16
chapter regulating :10-17
(a) Audiologists or hearing aid specialists ; or10-18
(b) The operation of an office, store or other location for the practice of10-19
audiology or for fitting and dispensing hearing aids.10-20
Sec. 31. NRS 637A.253 is hereby amended to read as follows: 637A.253 1. If the board receives a copy of a court order issued10-22
pursuant to NRS 425.540 that provides for the suspension of all10-23
professional, occupational and recreational licenses, certificates and10-24
permits issued to a person who is the holder of a license to practice as an10-25
audiologist, a hearing aid specialist or an apprentice to a hearing aid10-26
specialist, the board shall deem the license issued to that person to be10-27
suspended at the end of the 30th day after the date on which the court order10-28
was issued unless the board receives a letter issued to the holder of the10-29
license by the district attorney or other public agency pursuant to NRS10-30
425.550 stating that the holder of the license has complied with the10-31
subpoena or warrant or has satisfied the arrearage pursuant to NRS10-32
425.560.10-33
2. The board shall reinstate a license to practice as an audiologist, a10-34
hearing aid specialist or an apprentice to a hearing aid specialist that has10-35
been suspended by a district court pursuant to NRS 425.540 if:10-36
(a) The board receives a letter issued by the district attorney or other10-37
public agency pursuant to NRS 425.550 to the person whose license was10-38
suspended stating that the person whose license was suspended has10-39
complied with the subpoena or warrant or has satisfied the arrearage10-40
pursuant to NRS 425.560; and10-41
(b) The person whose license was suspended pays the fee established by10-42
the board pursuant to NRS 637A.210 for the reinstatement of a license.11-1
Sec. 32. NRS 637A.350 is hereby amended to read as follows: 637A.350 A person shall not engage in the practice of audiology or11-3
the business of a hearing aid specialist under an assumed name with intent11-4
to defraud the public or without a11-5
Sec. 33. NRS 637A.352 is hereby amended to read as follows: 637A.352 A person shall not engage in the practice of audiology or11-7
the business of a hearing aid specialist unless he:11-8
1. Holds a license issued by the board; or11-9
2. Is exempted from the provisions of this chapter by NRS 637A.025.11-10
Sec. 34. NRS 637A.355 is hereby amended to read as follows: 637A.355 A violation of this chapter by any person unlawfully11-12
representing himself, or practicing as11-13
specialist11-14
petition by the board. In11-15
that any person is individually injured. If the respondent is found guilty of11-16
misrepresenting himself, or practicing , as11-17
aid specialist, the court shall enjoin him from11-18
practice11-19
a hearing aid specialist.11-20
those cases must be the same as in any other application for an injunction.11-21
The remedy by injunction is in addition to criminal prosecution and11-22
punishment.11-23
Sec. 35. Chapter 637B of NRS is hereby amended by adding thereto a11-24
new section to read as follows:11-25
"Licensee" means a person who has been issued a license by the board11-26
pursuant to the provisions of this chapter.11-27
Sec. 36. NRS 637B.010 is hereby amended to read as follows: 637B.010 The11-29
pathology11-30
profession, affecting public safety and welfare and charged with the public11-31
interest, and11-32
this state.11-33
Sec. 37. NRS 637B.020 is hereby amended to read as follows: 637B.020 As used in this chapter, unless the context otherwise11-35
requires, the words and terms defined in NRS11-36
11-37
have the meanings ascribed to them in those sections.11-38
Sec. 38. NRS 637B.040 is hereby amended to read as follows: 637B.040 "Board" means the board of examiners for11-40
speech pathology.12-1
Sec. 39. NRS 637B.080 is hereby amended to read as follows: 637B.080 The provisions of this chapter do not apply to:12-3
1. Any physician or any person who is working with patients or clients12-4
under the direct, immediate supervision of a physician and for whom the12-5
physician is directly responsible.12-6
2. Any audiologist or hearing aid specialist who is licensed pursuant to12-7
the provisions of chapter 637A of NRS and who is acting within the scope12-8
of his license.12-9
3. Any person who:12-10
(a) Holds a12-11
pathologist issued by the department of education;12-12
(b) Is employed as12-13
agency or the department of human resources;12-14
(c) Is a graduate student intern enrolled in a program or school approved12-15
by the board and is pursuing a graduate degree in12-16
pathology;12-17
(d) Is a registered nurse employed as a school nurse; or12-18
(e) Holds a12-19
the Deaf as a teacher of the deaf,12-20
and who does not engage in the private practice of12-21
pathology in this state.12-22
Sec. 40. NRS 637B.100 is hereby amended to read as follows: 637B.100 1. The board of examiners for12-24
pathology, consisting of five members appointed by the governor, is hereby12-25
created.12-26
2. The governor shall appoint12-27
12-28
(a) Three members who have been engaged in the practice of speech12-29
pathology for not less than 2 years12-30
12-31
12-32
12-33
(b) One member who is a physician and who is certified by the board of12-34
medical examiners as a specialist in otolaryngology, pediatrics or12-35
neurology; and12-36
12-37
3. Members of the board who are speech pathologists12-38
12-39
hospital or private aspects of the practice of12-40
pathology.13-1
4. Each member of the board who is a speech pathologist13-2
13-3
a13-4
13-5
5. The member of the board who is a representative of the general13-6
public may not participate in preparing, conducting or grading any13-7
examination required by the board.13-8
Sec. 41. NRS 637B.160 is hereby amended to read as follows: 637B.160 1. An applicant for a license to engage in the practice of13-10
13-11
he:13-12
(a) Is over the age of 21 years;13-13
(b) Is a citizen of the United States, or is lawfully entitled to remain and13-14
work in the United States;13-15
(c) Is of good moral character;13-16
(d)13-17
training and experience provided by subsection 2;13-18
(e) Has completed at least 30013-19
experience in13-20
(f) Applies for the license in the manner provided by the board;13-21
(g) Submits the statement required pursuant to NRS 637B.166;13-22
(h) Passes any examination required by this chapter; and13-23
(i) Pays the fees provided for in this chapter.13-24
2. An applicant must possess a master’s degree in13-25
speech pathology from an accredited13-26
university or possess equivalent training and experience. If he seeks to13-27
qualify on the basis of equivalent training and experience, the applicant13-28
must submit to the board satisfactory evidence that he has obtained at least13-29
60 semester credits, or equivalent quarter credits, in courses related to the13-30
normal development, function and use of speech and language ,13-31
13-32
speech13-33
13-34
excluding any credits obtained for a thesis or dissertation, must have been13-35
obtained for courses directly relating to13-36
Sec. 42. NRS 637B.163 is hereby amended to read as follows: 637B.163 An application for13-38
the practice of13-39
security number of the applicant.13-40
Sec. 43. NRS 637B.166 is hereby amended to read as follows: 637B.166 1. An applicant for the issuance or renewal of a license to13-42
engage in the practice of14-1
the board the statement prescribed by the welfare division of the14-2
department of human resources pursuant to NRS 425.520. The statement14-3
must be completed and signed by the applicant.14-4
2. The board shall include the statement required pursuant to14-5
subsection 1 in:14-6
(a) The application or any other forms that must be submitted for the14-7
issuance or renewal of the license; or14-8
(b) A separate form prescribed by the board.14-9
3. A license to engage in the practice of14-10
pathology may not be issued or renewed by the board if the applicant:14-11
(a) Fails to submit the statement required pursuant to subsection 1; or14-12
(b) Indicates on the statement submitted pursuant to subsection 1 that he14-13
is subject to a court order for the support of a child and is not in14-14
compliance with the order or a plan approved by the district attorney or14-15
other public agency enforcing the order for the repayment of the amount14-16
owed pursuant to the order.14-17
4. If an applicant indicates on the statement submitted pursuant to14-18
subsection 1 that he is subject to a court order for the support of a child and14-19
is not in compliance with the order or a plan approved by the district14-20
attorney or other public agency enforcing the order for the repayment of the14-21
amount owed pursuant to the order, the board shall advise the applicant to14-22
contact the district attorney or other public agency enforcing the order to14-23
determine the actions that the applicant may take to satisfy the arrearage.14-24
Sec. 44. NRS 637B.190 is hereby amended to read as follows: 637B.190 The board may issue a license without examination to a14-26
person who holds:14-27
1. A14-28
state whose licensing requirements at the time the license was issued are14-29
deemed by the board to be substantially equivalent to14-30
the requirements set forth in this chapter; or14-31
2. A certificate of clinical competence issued by the American14-32
14-33
14-34
Sec. 45. NRS 637B.200 is hereby amended to read as follows: 637B.200 1. The board shall issue a temporary license to practice14-36
14-37
required fee, to any person who is so licensed in another state and who14-38
14-39
for a license in this state other than passing the examination.14-40
2. A temporary license issued pursuant to this section is valid until the14-41
board publishes the results of the examination next administered after the14-42
license is issued.15-1
Sec. 46. NRS 637B.210 is hereby amended to read as follows: 637B.210 1. All licenses issued pursuant to this chapter, except a15-3
temporary license, expire on December 31 of each year.15-4
2. Each holder of a license to practice15-5
except a temporary license, who meets the requirements for continuing15-6
education prescribed by the board may renew his license before its15-7
expiration upon submission of the statement required pursuant to NRS15-8
637B.166 and payment of the fee for annual renewal of a license.15-9
3. If a licensee fails to submit the statement required pursuant to NRS15-10
637B.166 or pay the fee for annual renewal of his license before its15-11
expiration, his license may be renewed only upon the payment of the15-12
reinstatement fee in addition to the renewal fee. A license may be renewed15-13
pursuant to this subsection only if all fees are paid and the statement15-14
required pursuant to NRS 637B.166 is submitted within 3 years after the15-15
license has expired.15-16
4. A licensee who wishes to have his license reinstated must prove to15-17
the satisfaction of the board that he has15-18
requirements for continuing education prescribed by the board for the15-19
period during which his license was expired.15-20
Sec. 47. NRS 637B.220 is hereby amended to read as follows: 637B.220 The board may adopt regulations setting standards for15-22
ethical conduct and requiring continuing education as a prerequisite for the15-23
renewal of any license issued under this chapter.15-24
adopted by the board under this section15-25
which make reasonably current knowledge the basis for a high standard of15-26
practice by15-27
Sec. 48. NRS 637B.230 is hereby amended to read as follows: 637B.230 1. The board shall charge and collect only the following15-29
fees whose amounts must be determined by the board, but may not exceed:15-30
Application fee for a license to practice speech15-31
pathology $10015-32
15-33
15-34
Annual fee for the renewal of a license 5015-35
Reinstatement fee 7515-36
2. All fees are payable in advance and may not be refunded.15-37
Sec. 49. NRS 637B.250 is hereby amended to read as follows: 637B.250 The grounds for initiating disciplinary action pursuant to this15-39
chapter are:15-40
1. Unprofessional conduct.15-41
2. Conviction of:16-1
(a) A violation of any federal or state law16-2
possession, distribution or use of any controlled substance or any16-3
dangerous drug as defined in chapter 454 of NRS;16-4
(b) A felony;16-5
(c) A violation of any of the provisions of NRS 616D.200, 616D.220,16-6
616D.240 or 616D.300 to 616D.440, inclusive; or16-7
(d) Any offense involving moral turpitude.16-8
3. Suspension or revocation of a license to practice16-9
speech pathology by any other jurisdiction.16-10
4. Gross or repeated malpractice, which may be evidenced by claims of16-11
malpractice settled against a practitioner.16-12
5. Professional incompetence.16-13
Sec. 50. NRS 637B.255 is hereby amended to read as follows: 637B.255 1. If the board receives a copy of a court order issued16-15
pursuant to NRS 425.540 that provides for the suspension of all16-16
professional, occupational and recreational licenses, certificates and16-17
permits issued to a person who is the holder of a license to engage in the16-18
practice of16-19
license issued to that person to be suspended at the end of the 30th day after16-20
the date on which the court order was issued unless the board receives a16-21
letter issued to the holder of the license by the district attorney or other16-22
public agency pursuant to NRS 425.550 stating that the holder of the16-23
license has complied with the subpoena or warrant or has satisfied the16-24
arrearage pursuant to NRS 425.560.16-25
2. The board shall reinstate a license to engage in the practice of16-26
16-27
pursuant to NRS 425.540 if:16-28
(a) The board receives a letter issued by the district attorney or other16-29
public agency pursuant to NRS 425.550 to the person whose license was16-30
suspended stating that the person whose license was suspended has16-31
complied with the subpoena or warrant or has satisfied the arrearage16-32
pursuant to NRS 425.560; and16-33
(b) The person whose license was suspended pays any fees imposed by16-34
the board pursuant to NRS 637B.230 for the reinstatement of a license.16-35
Sec. 51. NRS 637B.290 is hereby amended to read as follows: 637B.290 A person shall not engage in the practice of16-37
speech pathology in this state without holding a16-38
provided in this chapter.16-39
Sec. 52. NRS 637B.300 is hereby amended to read as follows: 637B.30016-41
physician shall not prescribe or administer drugs or pierce or sever any16-42
body tissue.17-1
Sec. 53. NRS 637B.310 is hereby amended to read as follows: 637B.310 1. The board through its president or secretary-treasurer17-3
may maintain in any court of competent jurisdiction a suit for an injunction17-4
against any person practicing17-5
license17-6
2. Such an injunction:17-7
(a) May be issued without proof of actual damage sustained by any17-8
person, this provision being a preventive as well as a punitive measure.17-9
(b)17-10
prosecution for practicing without a license.17-11
Sec. 54. Section 9 of this act is hereby amended to read as follows:17-12
Sec. 9. 1. An applicant for a license to engage in the practice17-13
of audiology must:17-14
(a) Except as otherwise provided in section 7 of this act, apply17-15
for the examination in the manner prescribed in section 6 of this act.17-16
(b) Pass the examination.17-17
(c)17-18
17-19
annual license fee and the initial license fee prescribed in NRS17-20
637A.210.17-21
2. If the applicant complies with the requirements of subsection17-22
1, the board must issue to the applicant a license to engage in the17-23
practice of audiology.17-24
Sec. 55. NRS 637B.030, 637B.050 and 637B.090 are hereby repealed.17-25
Sec. 56. 1. Except as otherwise provided in NRS 637B.200, a17-26
license to engage in the practice of audiology that is issued by the board of17-27
examiners for audiology and speech pathology before July 1, 1999, is valid17-28
until December 31, 1999.17-29
2. As used in this section, "practice of audiology" has the meaning17-30
ascribed to it in section 4 of this act.17-31
Sec. 57. 1. The regulations adopted by the board of examiners for17-32
audiology and speech pathology before July 1, 1999, concerning17-33
audiologists and the practice of audiology:17-34
(a) Remain in effect until amended by the board of audiologists and17-35
hearing aid specialists; and17-36
(b) May be enforced by the board of audiologists and hearing aid17-37
specialists.17-38
2. As used in this section:17-39
(a) "Audiologist" has the meaning ascribed to it in section 2 of this act.17-40
(b) "Practice of audiology" has the meaning ascribed to it in section 4 of17-41
this act.18-1
Sec. 58. The board of examiners for audiologists and speech18-2
pathologists and the board of hearing aid specialists shall cooperate fully18-3
and take all reasonable steps before July 1, 1999, to ensure that the18-4
provisions of this act are carried out in an orderly fashion.18-5
Sec. 59. As soon as practicable after July 1, 1999, the governor shall,18-6
pursuant to the amendatory provisions of paragraph (a) of subsection 2 of18-7
NRS 637B.100, appoint to the board of examiners for speech pathology,18-8
one member whose term expires on June 30, 2002.18-9
Sec. 60. As soon as practicable after July 1, 1999, the governor shall:18-10
1. Pursuant to the amendatory provisions of paragraph (b) of18-11
subsection 1 of NRS 637A.035, appoint to the board of audiologists and18-12
hearing aid specialists, one member whose term expires on June 30, 2001.18-13
2. Pursuant to the amendatory provisions of paragraph (d) of18-14
subsection 1 of NRS 637A.035, appoint to the board of audiologists and18-15
hearing aid specialists, one member whose term expires on June 30, 2002.18-16
Sec. 61. 1. This section and section 58 of this act become effective18-17
upon passage and approval.18-18
2. Sections 1 to 53, inclusive and 55, 56, 57, 59 and 60 of this act18-19
become effective on July 1, 1999.18-20
3. Section 54 of this act becomes effective on the date on which the18-21
provisions of 42 U.S.C. § 666 requiring each state to establish procedures18-22
under which the state has authority to withhold or suspend, or to restrict the18-23
use of professional, occupational and recreational licenses of persons who:18-24
(a) Have failed to comply with a subpoena or warrant relating to a18-25
procedure to determine the paternity of a child or to establish or enforce an18-26
obligation for the support of a child; or18-27
(b) Are in arrears in the payment for the support of one or more18-28
children,18-29
are repealed by the Congress of the United States.
18-30
TEXT OF REPEALED SECTIONS637B.030 "Audiologist" defined. "Audiologist" means any person
18-32
who engages in the practice of audiology. 637B.050 "Practice of audiology" defined. "Practice of audiology"18-34
consists of holding out to the public, or rendering, services for the18-35
measurement, testing, appraisal, prediction, consultation, counseling,18-36
research or treatment of hearing and hearing impairment for the purpose of18-37
modifying disorders in communication involving speech, language and18-38
hearing.19-1
637B.090 Use of title "certified hearing aid audiologist." Nothing19-2
in this chapter prohibits the use of the title "certified hearing aid19-3
audiologist" by a person who has been so certified by the National Hearing19-4
Aid Society.~