Senate Bill No. 357–Senators Wiener, Shaffer, Rawson, Mathews and Amodei (by request)
March 10, 1999
____________
Referred to Committee on Commerce and Labor
SUMMARY—Provides for regulation of athletic trainers. (BDR 54-1194)
FISCAL NOTE: Effect on Local Government: Yes.
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. Title 54 of NRS is hereby amended by adding thereto a1-2
new chapter to consist of the provisions set forth as sections 2 to 38,1-3
inclusive, of this act.1-4
Sec. 2. As used in this chapter, unless the context otherwise requires,1-5
the words and terms defined in sections 3 to 10, inclusive, of this act have1-6
the meanings ascribed to them in those sections.1-7
Sec. 3. "Athletic injury" means an injury that:1-8
1. A person sustains as a result of his participation in an organized1-9
sport or athletic activity; or1-10
2. Affects the ability of a person to participate in an organized sport1-11
or athletic activity because his physical strength, agility, flexibility, range1-12
of motion, speed or stamina has been affected.1-13
Sec. 4. "Athletic trainer" means a person who is licensed as an1-14
athletic trainer pursuant to the provisions of this chapter.1-15
Sec. 5. "Athletic trainer intern" means a person who is licensed as1-16
an athletic trainer intern pursuant to the provisions of this chapter.2-1
Sec. 6. "Board" means the board of athletic trainers.2-2
Sec. 7. "License" means a license issued pursuant to the provisions2-3
of this chapter.2-4
Sec. 8. "Licensee" means a person who has been issued a license2-5
pursuant to the provisions of this chapter.2-6
Sec. 9. "Practice of athletic training" includes, without limitation:2-7
1. Performing tasks and skills necessary to prevent athletic injuries;2-8
2. Conducting tests and the interpretation of those tests to assess,2-9
manage, treat or recondition an athletic injury;2-10
3. Using heat, light, sound, cold, electricity, exercise, massage,2-11
soft-tissue mobilization or joint-tissue mobilization to treat or recondition2-12
an athletic injury;2-13
4. Organizing and administering programs of athletic training; and2-14
5. Providing information relating to athletic training to members of2-15
the general public.2-16
The term does not include the diagnosis of a physical disability,2-17
massaging of the superficial soft tissues of the body or the use of X-rays,2-18
radium or electricity for cauterization or surgery.2-19
Sec. 10. "Supervision" means direction given to:2-20
1. An athletic trainer intern by an athletic trainer who is immediately2-21
available in the area where the intern is working to give aid, direction2-22
and instruction to the athletic trainer intern; or2-23
2. An athletic trainer by a person designated by the board pursuant2-24
to section 33 of this act who is immediately available in the area where2-25
the athletic trainer is working to give aid, direction and instruction to the2-26
athletic trainer.2-27
Sec. 11. The practice of athletic training is hereby declared to be a2-28
learned profession, affecting public health, safety and welfare, and is2-29
subject to regulation to protect the general public from the practice of2-30
athletic training by unqualified persons and from unprofessional conduct2-31
by persons who are licensed to engage in the practice of athletic training.2-32
Sec. 12. A license issued pursuant to the provisions of this chapter is2-33
a revocable privilege, and the holder of the license does not acquire2-34
thereby any vested right.2-35
Sec. 13. The provisions of this chapter do not apply to:2-36
1. A person who is licensed pursuant to chapters 630 to 637,2-37
inclusive, 640 or 640A of NRS, if he is acting within the scope of his2-38
license.2-39
2. A person who is employed by the Federal Government and2-40
engages in the practice of athletic training within the scope of that2-41
employment.3-1
3. A person who is employed as an athletic trainer outside this state if3-2
he engages in the practice of athletic training within the scope of that3-3
employment in connection with an athletic event held in this state.3-4
4. A masseur who massages only the superficial soft tissues of the3-5
body.3-6
Sec. 14. 1. The board of athletic trainers is hereby created.3-7
2. The governor shall appoint to the board five members who:3-8
(a) Are licensed as athletic trainers pursuant to the provisions of this3-9
chapter; and3-10
(b) Have engaged in the practice of athletic training or taught or3-11
conducted research concerning the practice of athletic training for the 53-12
years immediately preceding their appointment.3-13
3. Each member of the board:3-14
(a) Must be a resident of this state; and3-15
(b) May not serve more than two consecutive terms.3-16
4. After the initial terms, the members of the board must be3-17
appointed to terms of 3 years.3-18
5. A vacancy on the board must be filled in the same manner as the3-19
original appointment.3-20
6. The governor may remove a member of the board for3-21
incompetence, neglect of duty, moral turpitude or malfeasance in office.3-22
7. No member of the board may be held liable in a civil action for3-23
any act that he has performed in good faith in the execution of his duties3-24
pursuant to the provisions of this chapter.3-25
Sec. 15. The Nevada Athletic Trainers Association, or its successor3-26
organization, shall, at least 30 days before the beginning of a term of a3-27
member of the board, or within 30 days after a position on the board3-28
becomes vacant, submit to the governor the names of not less than three3-29
persons or more than five persons who are qualified for membership on3-30
the board for each position that must be filled by an athletic trainer. The3-31
governor shall appoint new members or fill a vacancy from the list, or3-32
request a new list. If the Nevada Athletic Trainers Association, or its3-33
successor organization, fails to submit nominations for a position on the3-34
board within the periods prescribed in this section, the governor may3-35
appoint any qualified person.3-36
Sec. 16. 1. The board shall:3-37
(a) Meet at least two times each year at the call of the chairman of the3-38
board, and upon the written request of at least three members of the3-39
board; and3-40
(b) Elect from its members a chairman at the first meeting of each3-41
year.3-42
2. A majority of the members of the board constitutes a quorum for3-43
the transaction of the business of the board.4-1
Sec. 17. 1. The board shall prepare and maintain a separate list4-2
of:4-3
(a) The licensees.4-4
(b) The applicants for a license.4-5
(c) The licensees whose licenses have been revoked or suspended4-6
within the preceding year.4-7
The board shall, upon request, disclose the information included in each4-8
list and may charge a fee for a copy of a list.4-9
2. The board shall:4-10
(a) Prepare and maintain a record of its proceedings and4-11
transactions;4-12
(b) Adopt a seal of which each court in this state shall take judicial4-13
notice; and4-14
(c) Enforce the provisions of this chapter and any regulations adopted4-15
pursuant thereto.4-16
Sec. 18. The board shall adopt regulations to carry out the4-17
provisions of this chapter, including, without limitation, regulations that4-18
establish:4-19
1. The passing grade for the examination required by section 24 or4-20
26 of this act;4-21
2. The standards of practice for athletic trainers and athletic trainer4-22
interns; and4-23
3. The requirements for continuing education for the renewal of a4-24
license of an athletic trainer. The requirements must be substantially4-25
equivalent to the requirements for continuing education for the renewal4-26
of a certificate of an athletic trainer issued by the National Athletic4-27
Trainers Association Board of Certification or its successor organization.4-28
Sec. 19. A member of the board, an employee of the board or a4-29
person designated by the board may inspect any office or facility where a4-30
person is engaged in the practice of athletic training to determine4-31
whether each person who is engaged in the practice of athletic training4-32
in that office or facility is in compliance with the provisions of this4-33
chapter and any regulations adopted pursuant thereto.4-34
Sec. 20. 1. The board may employ an executive secretary and any4-35
other persons necessary to carry out its duties.4-36
2. The members of the board are not entitled to receive a salary.4-37
3. While engaged in the business of the board, each member and4-38
employee of the board is entitled to receive a per diem allowance and4-39
travel expenses at a rate fixed by the board. The rate must not exceed the4-40
rate provided for officers and employees of this state generally.4-41
Sec. 21. The board shall operate on the basis of a fiscal year4-42
beginning on July 1 and ending on June 30.5-1
Sec. 22. 1. Except as otherwise provided in subsection 4, all5-2
reasonable expenses incurred by the board in carrying out the provisions5-3
of this chapter must be paid from the money that it receives. No part of5-4
the salaries or expenses of the board may be paid from the state general5-5
fund.5-6
2. All money received by the board must be deposited in a bank or5-7
other financial institution in this state and paid out on its order for its5-8
expenses.5-9
3. The board may delegate to a hearing officer or panel its authority5-10
to take any disciplinary action pursuant to this chapter, impose and5-11
collect fines and penalties therefor and deposit the money therefrom in a5-12
bank or other financial institution in this state.5-13
4. If a hearing officer or panel is not authorized to take disciplinary5-14
action pursuant to subsection 3 and the board deposits the money5-15
collected from the imposition of fines with the state treasurer for credit to5-16
the state general fund, it may present a claim to the state board of5-17
examiners for recommendation to the interim finance committee if5-18
money is needed to pay attorney’s fees or the costs of an investigation, or5-19
both.5-20
Sec. 23. 1. A person shall not:5-21
(a) Engage in the practice of athletic training;5-22
(b) Hold himself out as licensed or qualified to engage in the practice5-23
of athletic training; or5-24
(c) Use in connection with his name any title, words, letters or other5-25
designation intended to imply or designate him as a licensed athletic5-26
trainer,5-27
unless he has been issued a license as an athletic trainer or an athletic5-28
trainer intern by the board pursuant to the provisions of this chapter.5-29
2. If the board determines that a person has engaged, or is about to5-30
engage, in any act or practice that constitutes, or will constitute, a5-31
violation of the provisions of this section, the board may make an5-32
application to an appropriate court for an order enjoining that act or5-33
practice, and upon a showing by the board that the person has engaged,5-34
or is about to engage, in that act or practice, the court shall issue an5-35
injunction against that act or practice. Such an injunction does not5-36
prevent a criminal prosecution for that act or practice.5-37
Sec. 24. 1. An applicant for a license as an athletic trainer must:5-38
(a) Be of good moral character;5-39
(b) Be a citizen of the United States or lawfully entitled to remain and5-40
work in the United States;5-41
(c) Have at least a bachelor’s degree in a course of study approved by5-42
the board;5-43
(d) Submit an application on a form provided by the board;6-1
(e) Submit a complete set of his fingerprints and written permission6-2
authorizing the board to forward the fingerprints to the central repository6-3
for Nevada records of criminal history for submission to the Federal6-4
Bureau of Investigation for its report;6-5
(f) Pay the fees prescribed by the board pursuant to section 34 of this6-6
act;6-7
(g) Submit the statement required pursuant to section 28 of this act;6-8
and6-9
(h) Except as otherwise provided in subsection 2 and section 26 of this6-10
act, pass the examination prepared by the National Athletic Trainers6-11
Association Board of Certification, or its successor organization.6-12
2. An applicant who submits proof of his current certification as an6-13
athletic trainer by the National Athletic Trainers Association Board of6-14
Certification, or its successor organization, is not required to pass the6-15
examination required by paragraph (h) of subsection 1.6-16
3. An applicant who fails the examination may not reapply for a6-17
license for at least 1 year after he submits his application to the board.6-18
Sec. 25. 1. An applicant for a license as an athletic trainer intern6-19
must:6-20
(a) Be of good moral character;6-21
(b) Be a citizen of the United States or lawfully entitled to remain and6-22
work in the United States;6-23
(c) Be enrolled in a course of study approved by the board and6-24
enrolled in courses for which at least 6 semester hours of credit will be6-25
awarded each semester;6-26
(d) Submit an application on a form provided by the board;6-27
(e) Pay the fees prescribed by the board pursuant to section 34 of this6-28
act;6-29
(f) Except as otherwise provided in subsection 3, submit the name of6-30
the athletic trainer who will supervise him; and6-31
(g) Submit the statement required pursuant to section 28 of this act.6-32
2. Except as otherwise provided in subsection 3, an athletic trainer6-33
intern:6-34
(a) May not engage in the practice of athletic training unless he is6-35
under the supervision of an athletic trainer.6-36
(b) Shall designate himself by the title "athletic trainer intern" or6-37
"licensed athletic trainer intern" or by any other title that clearly6-38
indicates his status as an intern.6-39
3. An athletic trainer intern who:6-40
(a) Is enrolled in a graduate course of study approved by the board;6-41
(b) Is enrolled in courses for which at least 6 semester hours of credit6-42
will be awarded each semester; and7-1
(c) Is certified as an athletic trainer by the National Athletic Trainers7-2
Association Board of Certification,7-3
may engage in the practice of athletic training without the supervision of7-4
an athletic trainer.7-5
4. The board may, by regulation, prescribe fees for the issuance of a7-6
license pursuant to this section based on the education of the intern.7-7
Sec. 26. If the National Athletic Trainers Association Board of7-8
Certification, or its successor organization, ceases to prepare the7-9
examination required by section 24 of this act, the board shall prepare or7-10
cause to be prepared an examination which must be offered not less than7-11
two times each year.7-12
Sec. 27. An application for a license must include the social security7-13
number of the applicant. Sec. 28. 1. An applicant for the issuance or renewal of a license7-15
must submit to the board the statement prescribed by the welfare division7-16
of the department of human resources pursuant to NRS 425.520. The7-17
statement must be completed and signed by the applicant.7-18
2. The board shall include the statement required pursuant to7-19
subsection 1 in:7-20
(a) The application or any other forms that must be submitted for the7-21
issuance or renewal of the license; or7-22
(b) A separate form prescribed by the board.7-23
3. A license may not be issued or renewed by the board if the7-24
applicant:7-25
(a) Fails to submit the statement required pursuant to subsection 1; or7-26
(b) Indicates on the statement submitted pursuant to subsection 1 that7-27
he is subject to a court order for the support of a child and is not in7-28
compliance with the order or a plan approved by the district attorney or7-29
other public agency enforcing the order for the repayment of the amount7-30
owed pursuant to the order.7-31
4. If an applicant indicates on the statement submitted pursuant to7-32
subsection 1 that he is subject to a court order for the support of a child7-33
and is not in compliance with the order or a plan approved by the district7-34
attorney or other public agency enforcing the order for the repayment of7-35
the amount owed pursuant to the order, the board shall advise the7-36
applicant to contact the district attorney or other public agency enforcing7-37
the order to determine the actions that the applicant may take to satisfy7-38
the arrearage.7-39
Sec. 29. 1. If the board receives a copy of a court order issued7-40
pursuant to NRS 425.540 that provides for the suspension of all7-41
professional, occupational and recreational licenses, certificates and7-42
permits issued to a licensee, the board shall deem the license to be7-43
suspended at the end of the 30th day after the date the court order was8-1
issued unless the board receives a letter issued to the licensee by the8-2
district attorney or other public agency pursuant to NRS 425.550 stating8-3
that the licensee has complied with the subpoena or warrant or has8-4
satisfied the arrearage pursuant to NRS 425.560.8-5
2. The board shall reinstate a license that has been suspended by a8-6
district court pursuant to NRS 425.540 if the board receives a letter8-7
issued by the district attorney or other public agency pursuant to NRS8-8
425.550 to the licensee stating that the licensee has complied with the8-9
subpoena or warrant or has satisfied the arrearage pursuant to NRS8-10
425.560.8-11
Sec. 30. 1. The board shall issue a temporary license to engage in8-12
the practice of athletic training to an applicant who:8-13
(a) Is of good moral character;8-14
(b) Is a citizen of the United States or is lawfully entitled to remain8-15
and work in the United States;8-16
(c) Has at least a bachelor’s degree in a course of study approved by8-17
the board;8-18
(d) Submits an application on a form provided by the board;8-19
(e) Submits proof that he is employed as an athletic trainer on an8-20
emergency basis;8-21
(f) Pays the fees prescribed by the board pursuant to section 34 of this8-22
act; and8-23
(g) Submits the statement required pursuant to section 28 of this act.8-24
2. A temporary license is valid for not more than 3 months and may8-25
not be renewed.8-26
Sec. 31. 1. Except as otherwise provided in subsection 2, the board8-27
shall issue a license as an athletic trainer, without examination, to an8-28
applicant who is licensed to engage in the practice of athletic training in8-29
another state, territory or possession of the United States or the District8-30
of Columbia if the applicant submits to the board:8-31
(a) An application on a form prescribed by the board;8-32
(b) The fees prescribed by the board pursuant to section 34 of this act;8-33
and8-34
(c) The statement required pursuant to section 28 of this act.8-35
2. The board shall not issue a license pursuant to this section unless8-36
the jurisdiction in which the applicant is licensed had requirements at the8-37
time the license was issued that the board determines are substantially8-38
equivalent to the requirements for a license as an athletic trainer set8-39
forth in this chapter.8-40
Sec. 32. Each licensee shall display his license conspicuously at8-41
each place where he engages in the practice of athletic training.9-1
Sec. 33. 1. Except for a temporary license, each license to engage9-2
in the practice of athletic training expires on June 30 of each year and9-3
may be renewed if, before the license expires, the licensee submits to the9-4
board:9-5
(a) An application on a form prescribed by the board;9-6
(b) If he is an athletic trainer, proof of his completion of the9-7
requirements for continuing education prescribed by the board pursuant9-8
to section 18 of this act;9-9
(c) The fee for the renewal of his license prescribed by the board9-10
pursuant to section 34 of this act; and9-11
(d) The statement required pursuant to section 28 of this act.9-12
2. A license that expires pursuant to the provisions of this section9-13
may be restored if the applicant:9-14
(a) Complies with the provisions of subsection 1;9-15
(b) Submits to the board proof of his ability to engage in the practice9-16
of athletic training; and9-17
(c) Submits to the board:9-18
(1) The fee for the restoration of an expired license; and9-19
(2) For each year that the license was expired, the fee for the9-20
renewal of a license,9-21
prescribed by the board pursuant to section 34 of this act.9-22
3. If the board determines that an applicant has not submitted9-23
satisfactory proof of his ability to engage in the practice of athletic9-24
training, the board may require the applicant to:9-25
(a) Pass an examination prescribed by the board; and9-26
(b) Engage in the practice of athletic training under the supervision of9-27
a person designated by the board for a period prescribed by the board.9-28
Sec. 34. The board shall, by regulation, prescribe the fees for:9-29
1. An examination for a license.9-30
2. An application for a license.9-31
3. An application for a temporary license.9-32
4. An application for a license without examination.9-33
5. The initial issuance of a license.9-34
6. The issuance of a temporary license.9-35
7. The annual renewal of a license.9-36
8. The restoration of an expired license.9-37
9. A duplicate license.9-38
Sec. 35. 1. The board may refuse to issue a license to an applicant,9-39
or may take disciplinary action against a licensee, if, after notice and a9-40
hearing, the board determines that the applicant or licensee:9-41
(a) Has submitted false or misleading information to the board or any9-42
agency of this state, any other state, the Federal Government or the9-43
District of Columbia.10-1
(b) Has violated any provision of this chapter or any regulation10-2
adopted pursuant thereto.10-3
(c) Has been convicted of a felony, a crime relating to a controlled10-4
substance or a crime involving moral turpitude.10-5
(d) Is addicted to alcohol or any controlled substance.10-6
(e) Has violated the provisions of NRS 200.5093 or 432B.220.10-7
(f) Is guilty of gross negligence in his practice as an athletic trainer.10-8
(g) Is not competent to engage in the practice of athletic training.10-9
(h) Has failed to provide information requested by the board within 6010-10
days after he received the request.10-11
(i) Has engaged in unethical or unprofessional conduct as it relates to10-12
the practice of athletic training.10-13
(j) Has been disciplined in another state, a territory or possession of10-14
the United States or the District of Columbia for conduct that would be a10-15
violation of the provisions of this chapter or any regulations adopted10-16
pursuant thereto if the conduct were committed in this state.10-17
(k) Has solicited or received compensation for services that he did not10-18
provide.10-19
(l) If the licensee is on probation, has violated the terms of his10-20
probation.10-21
(m) Has terminated his professional services to a client in a manner10-22
that detrimentally affected that client.10-23
2. The board may, if it determines that an applicant for a license or a10-24
licensee has committed any of the acts set forth in subsection 1, after10-25
notice and a hearing:10-26
(a) Refuse to issue a license to the applicant;10-27
(b) Refuse to renew or restore the license of the licensee;10-28
(c) Suspend or revoke the license of the licensee;10-29
(d) Place the licensee on probation;10-30
(e) Impose an administrative fine of not more than $5,000;10-31
(f) Require the applicant or licensee to pay the costs incurred by the10-32
board to conduct the investigation and hearing; or10-33
(g) Impose any combination of actions set forth in paragraphs (a) to10-34
(f), inclusive.10-35
Sec. 36. 1. The board may conduct investigations and hold10-36
hearings to carry out its duties pursuant to the provisions of this chapter.10-37
2. In such a hearing:10-38
(a) Any member of the board may administer oaths and examine10-39
witnesses; and10-40
(b) The board or any member thereof may issue subpoenas to compel10-41
the attendance of witnesses and the production of books and papers.11-1
3. Each witness who is subpoenaed to appear before the board is11-2
entitled to receive for his attendance the same fees and mileage allowed11-3
by law to a witness in a civil case. The amount must be paid by the party11-4
who requested the subpoena. If any witness who has not been required to11-5
attend at the request of any party is subpoenaed by the board, his fees11-6
and mileage must be paid from the money of the board.11-7
4. If any person fails to comply with the subpoena within 10 days11-8
after it is issued, the chairman of the board may petition a court of11-9
competent jurisdiction for an order of the court compelling compliance11-10
with the subpoena.11-11
5. Upon such a petition, the court shall enter an order directing the11-12
person subpoenaed to appear before the court at a time and place to be11-13
fixed by the court in its order, the time to be not more than 10 days after11-14
the date of the order, and to show cause why he has not complied with11-15
the subpoena. A certified copy of the order must be served upon the11-16
person subpoenaed.11-17
6. If it appears to the court that the subpoena was regularly issued by11-18
the board, the court shall enter an order compelling compliance with the11-19
subpoena. The failure of the person to obey the order is a contempt of the11-20
court that issued the order.11-21
Sec. 37. 1. Any records or information obtained during the course11-22
of an investigation by the board are confidential until the investigation is11-23
completed. Upon completion of the investigation, the records and11-24
information are public records if:11-25
(a) Disciplinary action was taken by the board as a result of the11-26
investigation; or11-27
(b) The person who was investigated submits a written request to the11-28
board asking that the information and records be made public records.11-29
2. The provisions of this section do not prohibit the board from11-30
cooperating with another licensing board or any agency that is11-31
investigating a licensee, including, without limitation, a law enforcement11-32
agency.11-33
Sec. 38. 1. A person who violates any provision of this chapter is11-34
guilty of a misdemeanor.11-35
2. If the board has reason to believe that a person has violated a11-36
provision of this chapter or a regulation adopted pursuant thereto, the11-37
board shall report the facts to the district attorney of the county where the11-38
violation occurred, who may cause appropriate criminal proceedings to11-39
be brought against that person.11-40
Sec. 39. NRS 640.029 is hereby amended to read as follows: 640.02911-42
apply to an occupational therapist ,11-43
athletic trainer who:12-1
1. Is licensed to practice in this state;12-2
2. Practices within the scope of that license; and12-3
3. Does not represent that he is a physical therapist or physical12-4
therapist’s assistant, or that he practices physical therapy.12-5
Sec. 40. NRS 200.5093 is hereby amended to read as follows: 200.5093 1. A person required to make a report pursuant to this12-7
section shall make the report immediately, but in no event later than 2412-8
hours after there is reason to believe that an older person has been abused,12-9
neglected, exploited or isolated. The report must be made to:12-10
(a) The local office of the welfare or aging services division of the12-11
department of human resources;12-12
(b) A police department or sheriff’s office;12-13
(c) The county’s office for protective services, if one exists in the county12-14
where the suspected action occurred; or12-15
(d) A toll-free telephone service designated by the aging services12-16
division of the department of human resources.12-17
If the report of abuse, neglect, exploitation or isolation of an older person12-18
involves an act or omission of the welfare division, aging services division12-19
or a law enforcement agency, the report must be made to an agency other12-20
than the one alleged to have committed the act or omission. Each agency,12-21
after reducing the report to writing, shall forward a copy of the report to the12-22
aging services division of the department of human resources.12-23
2. Reports must be made by the following persons who, in their12-24
professional or occupational capacities, know or have reason to believe that12-25
an older person is being or has been abused, neglected, exploited or12-26
isolated:12-27
(a) Every physician, dentist, dental hygienist, chiropractor, optometrist,12-28
podiatric physician, medical examiner, resident, intern, professional or12-29
practical nurse, physician’s assistant, psychiatrist, psychologist, marriage12-30
and family therapist, alcohol or drug abuse counselor, athletic trainer,12-31
driver of an ambulance, advanced emergency medical technician or other12-32
person providing medical services licensed or certified to practice in this12-33
state, who examines, attends or treats an older person who appears to have12-34
been abused, neglected, exploited or isolated.12-35
(b) Any personnel of a hospital or similar institution engaged in the12-36
admission, examination, care or treatment of persons or an administrator,12-37
manager or other person in charge of a hospital or similar institution upon12-38
notification of the suspected abuse, neglect, exploitation or isolation of an12-39
older person by a member of the staff of the hospital.12-40
(c) A coroner.12-41
(d) Every clergyman, practitioner of Christian Science or religious12-42
healer, unless he acquired the knowledge of abuse, neglect, exploitation or12-43
isolation of the older person from the offender during a confession.13-1
(e) Every person who maintains or is employed by an agency to provide13-2
nursing in the home.13-3
(f) Every attorney, unless he has acquired the knowledge of abuse,13-4
neglect, exploitation or isolation of the older person from a client who has13-5
been or may be accused of such abuse, neglect, exploitation or isolation.13-6
(g) Any employee of the department of human resources.13-7
(h) Any employee of a law enforcement agency or a county’s office for13-8
protective services or an adult or juvenile probation officer.13-9
(i) Any person who maintains or is employed by a facility or13-10
establishment that provides care for older persons.13-11
(j) Any person who maintains, is employed by or serves as a volunteer13-12
for an agency or service which advises persons regarding the abuse,13-13
neglect, exploitation or isolation of an older person and refers them to13-14
persons and agencies where their requests and needs can be met.13-15
(k) Every social worker.13-16
(l) Any person who owns or is employed by a funeral home or mortuary.13-17
3. A report may be filed by any other person.13-18
4. A person required to make a report pursuant to this section who has13-19
reasonable cause to believe that an older person has died as a result of13-20
abuse, neglect or isolation shall report this belief to the appropriate medical13-21
examiner or coroner, who shall investigate the cause of death of the older13-22
person and submit to the appropriate local law enforcement agencies, the13-23
appropriate prosecuting attorney and the aging services division of the13-24
department of human resources his written findings. The written findings13-25
must include the information required pursuant to the provisions of NRS13-26
200.5094, when possible.13-27
5. A division, office or department which receives a report pursuant to13-28
this section shall cause the investigation of the report to commence within 313-29
working days. A copy of the final report of the investigation conducted by a13-30
division, office or department, other than the aging services division of the13-31
department of human resources, must be forwarded to the aging services13-32
division within 90 days after the completion of the report.13-33
6. If the investigation of the report results in the belief that the older13-34
person is abused, neglected, exploited or isolated, the welfare division of13-35
the department of human resources or the county’s office for protective13-36
services may provide protective services to the older person if he is able13-37
and willing to accept them.13-38
7. A person who knowingly and willfully violates any of the provisions13-39
of this section is guilty of a misdemeanor.13-40
Sec. 41. NRS 218.825 is hereby amended to read as follows: 218.825 1. Each of the boards and commissions created by the13-42
provisions of chapters 623 to 625A, inclusive,13-43
inclusive, and14-1
inclusive, of this act shall engage the services of a certified public14-2
accountant or public accountant, or firm of either of such accountants, to14-3
audit all of its fiscal records once each year for the preceding fiscal year or14-4
once every other year for the 2 preceding fiscal years. The cost of the audit14-5
must be paid by the board or commission audited.14-6
2. A report of each such audit must be filed by the board or14-7
commission with the legislative auditor and the director of the budget on or14-8
before December 1 of each year in which an audit is conducted. All audits14-9
must be conducted in accordance with generally accepted auditing14-10
standards , and all financial statements must be prepared in accordance with14-11
generally accepted principles of accounting for special revenue funds.14-12
3. The legislative auditor shall audit the fiscal records of any such14-13
board or commission whenever directed to do so by the legislative14-14
commission. When the legislative commission directs such an audit, it shall14-15
also determine who is to pay the cost of the audit.14-16
Sec. 42. NRS 284.013 is hereby amended to read as follows: 284.013 1. Except as otherwise provided in subsection 4, this chapter14-18
does not apply to:14-19
(a) Agencies, bureaus, commissions, officers or personnel in the14-20
legislative department or the judicial department of state government,14-21
including the commission on judicial discipline;14-22
(b) Any person who is employed by a board, commission, committee or14-23
council created in chapters 590, 623 to 625A, inclusive, 628, 630 to 644,14-24
inclusive, 648, 652, 654 and 656 of NRS14-25
inclusive, of this act; or14-26
(c) Officers or employees of any agency of the executive department of14-27
the state government who are exempted by specific statute.14-28
2. Except as otherwise provided in subsection 3, the terms and14-29
conditions of employment of all persons referred to in subsection 1,14-30
including salaries not prescribed by law and leaves of absence, including,14-31
without limitation, annual leave and sick and disability leave, must be fixed14-32
by the appointing or employing authority within the limits of legislative14-33
appropriations or authorizations.14-34
3. Except as otherwise provided in this subsection, leaves of absence14-35
prescribed pursuant to subsection 2 must not be of lesser duration than14-36
those provided for other state officers and employees pursuant to the14-37
provisions of this chapter. The provisions of this subsection do not govern14-38
the legislative commission with respect to the personnel of the legislative14-39
counsel bureau.14-40
4. Any board, commission, committee or council created in chapters14-41
590, 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 652, 654 and14-42
656 of NRS and sections 2 to 38, inclusive, of this act which contracts for15-1
the services of a person, shall require the contract for those services to be in15-2
writing. The contract must be approved by the state board of examiners15-3
before those services may be provided.15-4
Sec. 43. NRS 353A.010 is hereby amended to read as follows: 353A.010 As used in this chapter, unless the context otherwise15-6
requires:15-7
1. "Agency" means every agency, department, division, board,15-8
commission or similar body, or elected officer, of the executive branch of15-9
the state, except:15-10
(a) A board or commission created by the provisions of chapters 623 to15-11
625, inclusive, 628 to 644, inclusive, 654 and 656 of NRS15-12
2 to 38, inclusive, of this act.15-13
(b) The University and Community College System of Nevada.15-14
(c) The public employees’ retirement system.15-15
(d) The state industrial insurance system.15-16
(e) The housing division of the department of business and industry.15-17
(f) The Colorado River commission.15-18
2. "Director" means the director of the department of administration.15-19
3. "Internal accounting and administrative control" means a method15-20
through which agencies can safeguard assets, check the accuracy and15-21
reliability of their accounting information, promote efficient operations and15-22
encourage adherence to prescribed managerial policies.15-23
Sec. 44. NRS 432B.220 is hereby amended to read as follows: 432B.220 1. A report must be made to an agency which provides15-25
protective services or to a law enforcement agency immediately, but in no15-26
event later than 24 hours after there is reason to believe that a child has15-27
been abused or neglected. If the report of abuse or neglect of a child15-28
involves the acts or omissions of:15-29
(a) A person directly responsible or serving as a volunteer for or an15-30
employee of a public or private home, institution or facility where the child15-31
is receiving child care outside of his home for a portion of the day, the15-32
report must be made to a law enforcement agency.15-33
(b) An agency which provides protective services or a law enforcement15-34
agency, the report must be made to and the investigation made by an15-35
agency other than the one alleged to have committed the acts or omissions.15-36
2. Reports must be made by the following persons who, in their15-37
professional or occupational capacities, know or have reason to believe that15-38
a child has been abused or neglected:15-39
(a) A physician, dentist, dental hygienist, chiropractor, optometrist,15-40
podiatric physician, medical examiner, resident, intern, professional or15-41
practical nurse, physician’s assistant, psychiatrist, psychologist, marriage16-1
and family therapist, alcohol or drug abuse counselor, athletic trainer,16-2
advanced emergency medical technician or other person providing medical16-3
services licensed or certified in this state;16-4
(b) Any personnel of a hospital or similar institution engaged in the16-5
admission, examination, care or treatment of persons or an administrator,16-6
manager or other person in charge of a hospital or similar institution upon16-7
notification of suspected abuse or neglect of a child by a member of the16-8
staff of the hospital;16-9
(c) A coroner;16-10
(d) A clergyman, practitioner of Christian Science or religious healer,16-11
unless he has acquired the knowledge of the abuse or neglect from the16-12
offender during a confession;16-13
(e) A social worker and an administrator, teacher, librarian or counselor16-14
of a school;16-15
(f) Any person who maintains or is employed by a facility or16-16
establishment that provides care for children, children’s camp or other16-17
public or private facility, institution or agency furnishing care to a child;16-18
(g) Any person licensed to conduct a foster home;16-19
(h) Any officer or employee of a law enforcement agency or an adult or16-20
juvenile probation officer;16-21
(i) An attorney, unless he has acquired the knowledge of the abuse or16-22
neglect from a client who is or may be accused of the abuse or neglect; and16-23
(j) Any person who maintains, is employed by or serves as a volunteer16-24
for an agency or service which advises persons regarding abuse or neglect16-25
of a child and refers them to persons and agencies where their requests and16-26
needs can be met.16-27
3. A report may be made by any other person.16-28
4. Any person required to report under this section who has reasonable16-29
cause to believe that a child has died as a result of abuse or neglect shall16-30
report this belief to the appropriate medical examiner or coroner, who shall16-31
investigate the report and submit to an agency which provides protective16-32
services his written findings, which must include the information required16-33
under the provisions of subsection 2 of NRS 432B.230.16-34
Sec. 45. NRS 608.0116 is hereby amended to read as follows: 608.0116 "Professional" means pertaining to an employee who is16-36
licensed or certified by the State of Nevada for and engaged in the practice16-37
of law or any of the professions regulated by chapters 623 to 645, inclusive,16-38
of NRS16-39
Sec. 46. Section 24 of this act is hereby amended to read as follows:16-40
Sec. 24. 1. An applicant for a license as an athletic trainer16-41
must:16-42
(a) Be of good moral character;17-1
(b) Be a citizen of the United States or lawfully entitled to17-2
remain and work in the United States;17-3
(c) Have at least a bachelor’s degree in a course of study17-4
approved by the board;17-5
(d) Submit an application on a form provided by the board;17-6
(e) Submit a complete set of his fingerprints and written17-7
permission authorizing the board to forward the fingerprints to the17-8
central repository for Nevada records of criminal history for17-9
submission to the Federal Bureau of Investigation for its report;17-10
(f) Pay the fees prescribed by the board pursuant to section 34 of17-11
this act; and17-12
(g)17-13
17-14
17-15
of this act, pass the examination prepared by the National Athletic17-16
Trainers Association Board of Certification, or its successor17-17
organization.17-18
2. An applicant who submits proof of his current certification17-19
as an athletic trainer by the National Athletic Trainers Association17-20
Board of Certification, or its successor organization, is not required17-21
to pass the examination required by paragraph17-22
subsection 1.17-23
3. An applicant who fails the examination may not reapply for a17-24
license for at least 1 year after he submits his application to the17-25
board.17-26
Sec. 47. Section 25 of this act is hereby amended to read as follows:17-27
Sec. 25. 1. An applicant for a license as an athletic trainer17-28
intern must:17-29
(a) Be of good moral character;17-30
(b) Be a citizen of the United States or lawfully entitled to17-31
remain and work in the United States;17-32
(c) Be enrolled in a course of study approved by the board and17-33
enrolled in courses for which at least 6 semester hours of credit will17-34
be awarded each semester;17-35
(d) Submit an application on a form provided by the board;17-36
(e) Pay the fees prescribed by the board pursuant to section 34 of17-37
this act; and17-38
(f) Except as otherwise provided in subsection 3, submit the17-39
name of the athletic trainer who will supervise him .17-40
17-41
17-42
2. Except as otherwise provided in subsection 3, an athletic17-43
trainer intern:18-1
(a) May not engage in the practice of athletic training unless he18-2
is under the supervision of an athletic trainer.18-3
(b) Shall designate himself by the title "athletic trainer intern" or18-4
"licensed athletic trainer intern" or by any other title that clearly18-5
indicates his status as an intern.18-6
3. An athletic trainer intern who:18-7
(a) Is enrolled in a graduate course of study approved by the18-8
board;18-9
(b) Is enrolled in courses for which at least 6 semester hours of18-10
credit will be awarded each semester; and18-11
(c) Is certified as an athletic trainer by the National Athletic18-12
Trainers Association Board of Certification,18-13
may engage in the practice of athletic training without the18-14
supervision of an athletic trainer.18-15
4. The board may, by regulation, prescribe fees for the issuance18-16
of a license pursuant to this section based on the education of the18-17
intern.18-18
Sec. 48. Section 30 of this act is hereby amended to read as follows:18-19
Sec. 30. 1. The board shall issue a temporary license to18-20
engage in the practice of athletic training to an applicant who:18-21
(a) Is of good moral character;18-22
(b) Is a citizen of the United States or is lawfully entitled to18-23
remain and work in the United States;18-24
(c) Has at least a bachelor’s degree in a course of study18-25
approved by the board;18-26
(d) Submits an application on a form provided by the board;18-27
(e) Submits proof that he is employed as an athletic trainer on an18-28
emergency basis; and18-29
(f) Pays the fees prescribed by the board pursuant to section 3418-30
of this act .18-31
18-32
18-33
2. A temporary license is valid for not more than 3 months and18-34
may not be renewed.18-35
Sec. 49. Section 31 of this act is hereby amended to read as follows:18-36
Sec. 31. 1. Except as otherwise provided in subsection 2, the18-37
board shall issue a license as an athletic trainer, without18-38
examination, to an applicant who is licensed to engage in the18-39
practice of athletic training in another state, territory or possession18-40
of the United States or the District of Columbia if the applicant18-41
submits to the board:18-42
(a) An application on a form prescribed by the board; and19-1
(b) The fees prescribed by the board pursuant to section 34 of19-2
this act .19-3
19-4
2. The board shall not issue a license pursuant to this section19-5
unless the jurisdiction in which the applicant is licensed had19-6
requirements at the time the license was issued that the board19-7
determines are substantially equivalent to the requirements for a19-8
license as an athletic trainer set forth in this chapter.19-9
Sec. 50. Section 33 of this act is hereby amended to read as follows:19-10
Sec. 33. 1. Except for a temporary license, each license to19-11
engage in the practice of athletic training expires on June 30 of each19-12
year and may be renewed if, before the license expires, the licensee19-13
submits to the board:19-14
(a) An application on a form prescribed by the board;19-15
(b) If he is an athletic trainer, proof of his completion of the19-16
requirements for continuing education prescribed by the board19-17
pursuant to section 18 of this act; and19-18
(c) The fee for the renewal of his license prescribed by the board19-19
pursuant to section 34 of this act .19-20
19-21
2. A license that expires pursuant to the provisions of this19-22
section may be restored if the applicant:19-23
(a) Complies with the provisions of subsection 1;19-24
(b) Submits to the board proof of his ability to engage in the19-25
practice of athletic training; and19-26
(c) Submits to the board:19-27
(1) The fee for the restoration of an expired license; and19-28
(2) For each year that the license was expired, the fee for the19-29
renewal of a license,19-30
prescribed by the board pursuant to section 34 of this act.19-31
3. If the board determines that an applicant has not submitted19-32
satisfactory proof of his ability to engage in the practice of athletic19-33
training, the board may require the applicant to:19-34
(a) Pass an examination prescribed by the board; and19-35
(b) Engage in the practice of athletic training under the19-36
supervision of a person designated by the board for a period19-37
prescribed by the board.19-38
Sec. 51. Notwithstanding the provisions of sections 2 to 38, inclusive,19-39
of this act, a person who engages in the practice of athletic training is not19-40
required to be licensed as an athletic trainer or an intern athletic trainer19-41
pursuant to the provisions of this act before July 1, 2000.20-1
Sec. 52. 1. Notwithstanding the provisions of sections 2 to 38,20-2
inclusive, of this act, a person may be licensed as an athletic trainer, if he is20-3
employed as an athletic trainer on October 1, 1999, and, before April 1,20-4
2000, he submits to the board of athletic trainers created pursuant to section20-5
14 of this act:20-6
(a) An application for a license on a form provided by the board;20-7
(b) The fee for the license prescribed by the board pursuant to section20-8
34 of this act;20-9
(c) The statement required pursuant to section 28 of this act unless after20-10
October 1, 1999, the provisions of 42 U.S.C. § 666 requiring each state to20-11
establish procedures under which the state has authority to withhold or20-12
suspend, or to restrict the use of professional, occupational and recreational20-13
licenses of persons who:20-14
(1) Have failed to comply with a subpoena or warrant relating to a20-15
procedure to determine the paternity of a child or to establish or enforce an20-16
obligation for the support of a child; or20-17
(2) Are in arrears in the payment for the support of one or more20-18
children,20-19
are repealed by the Congress of the United States; and20-20
(d) Is qualified for a license as an athletic trainer pursuant to the20-21
provisions of subsection 2.20-22
2. An applicant is qualified for a license as an athletic trainer if he:20-23
(a) Is certified as an athletic trainer by the National Athletic Trainers20-24
Association Board of Certification;20-25
(b) Has a bachelor’s degree in a course of study approved by the board;20-26
or20-27
(c) Has education, training, experience or other qualifications that the20-28
board determines qualify him to engage in the practice of athletic training.20-29
Sec. 53. 1. Notwithstanding the provisions of section 14 of this act,20-30
each athletic trainer who is appointed to the board of athletic trainers to an20-31
initial term pursuant to section 14 of this act must be eligible for a license20-32
as an athletic trainer at the time he is appointed to the board.20-33
2. As soon as practicable after October 1, 1999, the governor shall20-34
appoint to the board of athletic trainers:20-35
(a) One member whose term expires on September 30, 2000.20-36
(b) Two members whose terms expire on September 30, 2001.20-37
(c) Two members whose terms expire on September 30, 2002.20-38
Sec. 54. The amendatory provisions of this act do not apply to20-39
offenses that were committed before October 1, 1999.20-40
Sec. 55. 1. This section and sections 1 to 45, inclusive, and 51 to 54,20-41
inclusive, of this act become effective on October 1, 1999.21-1
2. Sections 46 to 50, inclusive, of this act become effective on the date21-2
on which the provisions of 42 U.S.C. § 666 requiring each state to establish21-3
procedures under which the state has authority to withhold or suspend, or to21-4
restrict the use of professional, occupational and recreational licenses of21-5
persons who:21-6
(a) Have failed to comply with a subpoena or warrant relating to a21-7
procedure to determine the paternity of a child or to establish or enforce an21-8
obligation for the support of a child; or21-9
(b) Are in arrears in the payment for the support of one or more21-10
children,21-11
are repealed by the Congress of the United States.21-12
3. Sections 27, 28 and 29 of this act expire by limitation on the date on21-13
which the provisions of 42 U.S.C. § 666 requiring each state to establish21-14
procedures under which the state has authority to withhold or suspend, or to21-15
restrict the use of professional, occupational and recreational licenses of21-16
persons who:21-17
(a) Have failed to comply with a subpoena or warrant relating to a21-18
procedure to determine the paternity of a child or to establish or enforce an21-19
obligation for the support of a child; or21-20
(b) Are in arrears in the payment for the support of one or more21-21
children,21-22
are repealed by the Congress of the United States.~