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 [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to professions; creating the board of athletic trainers; prescribing the powers and duties of the board; requiring certain persons who engage in the practice of athletic training to be licensed by the board; prescribing the requirements for a license; providing a penalty; and providing other matters properly relating thereto.

 

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 a

1-2 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 have

1-6 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 organized

1-9 sport or athletic activity; or

1-10 2. Affects the ability of a person to participate in an organized sport

1-11 or athletic activity because his physical strength, agility, flexibility, range

1-12 of motion, speed or stamina has been affected.

1-13 Sec. 4. "Athletic trainer" means a person who is licensed as an

1-14 athletic trainer pursuant to the provisions of this chapter.

1-15 Sec. 5. "Athletic trainer intern" means a person who is licensed as

1-16 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 provisions

2-3 of this chapter.

2-4 Sec. 8. "Licensee" means a person who has been issued a license

2-5 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 recondition

2-12 an athletic injury;

2-13 4. Organizing and administering programs of athletic training; and

2-14 5. Providing information relating to athletic training to members of

2-15 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 immediately

2-21 available in the area where the intern is working to give aid, direction

2-22 and instruction to the athletic trainer intern; or

2-23 2. An athletic trainer by a person designated by the board pursuant

2-24 to section 33 of this act who is immediately available in the area where

2-25 the athletic trainer is working to give aid, direction and instruction to the

2-26 athletic trainer.

2-27 Sec. 11. The practice of athletic training is hereby declared to be a

2-28 learned profession, affecting public health, safety and welfare, and is

2-29 subject to regulation to protect the general public from the practice of

2-30 athletic training by unqualified persons and from unprofessional conduct

2-31 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 is

2-33 a revocable privilege, and the holder of the license does not acquire

2-34 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 his

2-38 license.

2-39 2. A person who is employed by the Federal Government and

2-40 engages in the practice of athletic training within the scope of that

2-41 employment.

3-1 3. A person who is employed as an athletic trainer outside this state if

3-2 he engages in the practice of athletic training within the scope of that

3-3 employment in connection with an athletic event held in this state.

3-4 4. A masseur who massages only the superficial soft tissues of the

3-5 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 this

3-9 chapter; and

3-10 (b) Have engaged in the practice of athletic training or taught or

3-11 conducted research concerning the practice of athletic training for the 5

3-12 years immediately preceding their appointment.

3-13 3. Each member of the board:

3-14 (a) Must be a resident of this state; and

3-15 (b) May not serve more than two consecutive terms.

3-16 4. After the initial terms, the members of the board must be

3-17 appointed to terms of 3 years.

3-18 5. A vacancy on the board must be filled in the same manner as the

3-19 original appointment.

3-20 6. The governor may remove a member of the board for

3-21 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 for

3-23 any act that he has performed in good faith in the execution of his duties

3-24 pursuant to the provisions of this chapter.

3-25 Sec. 15. The Nevada Athletic Trainers Association, or its successor

3-26 organization, shall, at least 30 days before the beginning of a term of a

3-27 member of the board, or within 30 days after a position on the board

3-28 becomes vacant, submit to the governor the names of not less than three

3-29 persons or more than five persons who are qualified for membership on

3-30 the board for each position that must be filled by an athletic trainer. The

3-31 governor shall appoint new members or fill a vacancy from the list, or

3-32 request a new list. If the Nevada Athletic Trainers Association, or its

3-33 successor organization, fails to submit nominations for a position on the

3-34 board within the periods prescribed in this section, the governor may

3-35 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 the

3-38 board, and upon the written request of at least three members of the

3-39 board; and

3-40 (b) Elect from its members a chairman at the first meeting of each

3-41 year.

3-42 2. A majority of the members of the board constitutes a quorum for

3-43 the transaction of the business of the board.

4-1 Sec. 17. 1. The board shall prepare and maintain a separate list

4-2 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 suspended

4-6 within the preceding year.

4-7 The board shall, upon request, disclose the information included in each

4-8 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 and

4-11 transactions;

4-12 (b) Adopt a seal of which each court in this state shall take judicial

4-13 notice; and

4-14 (c) Enforce the provisions of this chapter and any regulations adopted

4-15 pursuant thereto.

4-16 Sec. 18. The board shall adopt regulations to carry out the

4-17 provisions of this chapter, including, without limitation, regulations that

4-18 establish:

4-19 1. The passing grade for the examination required by section 24 or

4-20 26 of this act;

4-21 2. The standards of practice for athletic trainers and athletic trainer

4-22 interns; and

4-23 3. The requirements for continuing education for the renewal of a

4-24 license of an athletic trainer. The requirements must be substantially

4-25 equivalent to the requirements for continuing education for the renewal

4-26 of a certificate of an athletic trainer issued by the National Athletic

4-27 Trainers Association Board of Certification or its successor organization.

4-28 Sec. 19. A member of the board, an employee of the board or a

4-29 person designated by the board may inspect any office or facility where a

4-30 person is engaged in the practice of athletic training to determine

4-31 whether each person who is engaged in the practice of athletic training

4-32 in that office or facility is in compliance with the provisions of this

4-33 chapter and any regulations adopted pursuant thereto.

4-34 Sec. 20. 1. The board may employ an executive secretary and any

4-35 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 and

4-38 employee of the board is entitled to receive a per diem allowance and

4-39 travel expenses at a rate fixed by the board. The rate must not exceed the

4-40 rate provided for officers and employees of this state generally.

4-41 Sec. 21. The board shall operate on the basis of a fiscal year

4-42 beginning on July 1 and ending on June 30.

5-1 Sec. 22. 1. Except as otherwise provided in subsection 4, all

5-2 reasonable expenses incurred by the board in carrying out the provisions

5-3 of this chapter must be paid from the money that it receives. No part of

5-4 the salaries or expenses of the board may be paid from the state general

5-5 fund.

5-6 2. All money received by the board must be deposited in a bank or

5-7 other financial institution in this state and paid out on its order for its

5-8 expenses.

5-9 3. The board may delegate to a hearing officer or panel its authority

5-10 to take any disciplinary action pursuant to this chapter, impose and

5-11 collect fines and penalties therefor and deposit the money therefrom in a

5-12 bank or other financial institution in this state.

5-13 4. If a hearing officer or panel is not authorized to take disciplinary

5-14 action pursuant to subsection 3 and the board deposits the money

5-15 collected from the imposition of fines with the state treasurer for credit to

5-16 the state general fund, it may present a claim to the state board of

5-17 examiners for recommendation to the interim finance committee if

5-18 money is needed to pay attorney’s fees or the costs of an investigation, or

5-19 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 practice

5-23 of athletic training; or

5-24 (c) Use in connection with his name any title, words, letters or other

5-25 designation intended to imply or designate him as a licensed athletic

5-26 trainer,

5-27 unless he has been issued a license as an athletic trainer or an athletic

5-28 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 to

5-30 engage, in any act or practice that constitutes, or will constitute, a

5-31 violation of the provisions of this section, the board may make an

5-32 application to an appropriate court for an order enjoining that act or

5-33 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 an

5-35 injunction against that act or practice. Such an injunction does not

5-36 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 and

5-40 work in the United States;

5-41 (c) Have at least a bachelor’s degree in a course of study approved by

5-42 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 permission

6-2 authorizing the board to forward the fingerprints to the central repository

6-3 for Nevada records of criminal history for submission to the Federal

6-4 Bureau of Investigation for its report;

6-5 (f) Pay the fees prescribed by the board pursuant to section 34 of this

6-6 act;

6-7 (g) Submit the statement required pursuant to section 28 of this act;

6-8 and

6-9 (h) Except as otherwise provided in subsection 2 and section 26 of this

6-10 act, pass the examination prepared by the National Athletic Trainers

6-11 Association Board of Certification, or its successor organization.

6-12 2. An applicant who submits proof of his current certification as an

6-13 athletic trainer by the National Athletic Trainers Association Board of

6-14 Certification, or its successor organization, is not required to pass the

6-15 examination required by paragraph (h) of subsection 1.

6-16 3. An applicant who fails the examination may not reapply for a

6-17 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 intern

6-19 must:

6-20 (a) Be of good moral character;

6-21 (b) Be a citizen of the United States or lawfully entitled to remain and

6-22 work in the United States;

6-23 (c) Be enrolled in a course of study approved by the board and

6-24 enrolled in courses for which at least 6 semester hours of credit will be

6-25 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 this

6-28 act;

6-29 (f) Except as otherwise provided in subsection 3, submit the name of

6-30 the athletic trainer who will supervise him; and

6-31 (g) Submit the statement required pursuant to section 28 of this act.

6-32 2. Except as otherwise provided in subsection 3, an athletic trainer

6-33 intern:

6-34 (a) May not engage in the practice of athletic training unless he is

6-35 under the supervision of an athletic trainer.

6-36 (b) Shall designate himself by the title "athletic trainer intern" or

6-37 "licensed athletic trainer intern" or by any other title that clearly

6-38 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 credit

6-42 will be awarded each semester; and

7-1 (c) Is certified as an athletic trainer by the National Athletic Trainers

7-2 Association Board of Certification,

7-3 may engage in the practice of athletic training without the supervision of

7-4 an athletic trainer.

7-5 4. The board may, by regulation, prescribe fees for the issuance of a

7-6 license pursuant to this section based on the education of the intern.

7-7 Sec. 26. If the National Athletic Trainers Association Board of

7-8 Certification, or its successor organization, ceases to prepare the

7-9 examination required by section 24 of this act, the board shall prepare or

7-10 cause to be prepared an examination which must be offered not less than

7-11 two times each year.

7-12 Sec. 27. An application for a license must include the social security

7-13 number of the applicant.

7-14 Sec. 28. 1. An applicant for the issuance or renewal of a license

7-15 must submit to the board the statement prescribed by the welfare division

7-16 of the department of human resources pursuant to NRS 425.520. The

7-17 statement must be completed and signed by the applicant.

7-18 2. The board shall include the statement required pursuant to

7-19 subsection 1 in:

7-20 (a) The application or any other forms that must be submitted for the

7-21 issuance or renewal of the license; or

7-22 (b) A separate form prescribed by the board.

7-23 3. A license may not be issued or renewed by the board if the

7-24 applicant:

7-25 (a) Fails to submit the statement required pursuant to subsection 1; or

7-26 (b) Indicates on the statement submitted pursuant to subsection 1 that

7-27 he is subject to a court order for the support of a child and is not in

7-28 compliance with the order or a plan approved by the district attorney or

7-29 other public agency enforcing the order for the repayment of the amount

7-30 owed pursuant to the order.

7-31 4. If an applicant indicates on the statement submitted pursuant to

7-32 subsection 1 that he is subject to a court order for the support of a child

7-33 and is not in compliance with the order or a plan approved by the district

7-34 attorney or other public agency enforcing the order for the repayment of

7-35 the amount owed pursuant to the order, the board shall advise the

7-36 applicant to contact the district attorney or other public agency enforcing

7-37 the order to determine the actions that the applicant may take to satisfy

7-38 the arrearage.

7-39 Sec. 29. 1. If the board receives a copy of a court order issued

7-40 pursuant to NRS 425.540 that provides for the suspension of all

7-41 professional, occupational and recreational licenses, certificates and

7-42 permits issued to a licensee, the board shall deem the license to be

7-43 suspended at the end of the 30th day after the date the court order was

8-1 issued unless the board receives a letter issued to the licensee by the

8-2 district attorney or other public agency pursuant to NRS 425.550 stating

8-3 that the licensee has complied with the subpoena or warrant or has

8-4 satisfied the arrearage pursuant to NRS 425.560.

8-5 2. The board shall reinstate a license that has been suspended by a

8-6 district court pursuant to NRS 425.540 if the board receives a letter

8-7 issued by the district attorney or other public agency pursuant to NRS

8-8 425.550 to the licensee stating that the licensee has complied with the

8-9 subpoena or warrant or has satisfied the arrearage pursuant to NRS

8-10 425.560.

8-11 Sec. 30. 1. The board shall issue a temporary license to engage in

8-12 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 remain

8-15 and work in the United States;

8-16 (c) Has at least a bachelor’s degree in a course of study approved by

8-17 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 an

8-20 emergency basis;

8-21 (f) Pays the fees prescribed by the board pursuant to section 34 of this

8-22 act; and

8-23 (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 may

8-25 not be renewed.

8-26 Sec. 31. 1. Except as otherwise provided in subsection 2, the board

8-27 shall issue a license as an athletic trainer, without examination, to an

8-28 applicant who is licensed to engage in the practice of athletic training in

8-29 another state, territory or possession of the United States or the District

8-30 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 and

8-34 (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 unless

8-36 the jurisdiction in which the applicant is licensed had requirements at the

8-37 time the license was issued that the board determines are substantially

8-38 equivalent to the requirements for a license as an athletic trainer set

8-39 forth in this chapter.

8-40 Sec. 32. Each licensee shall display his license conspicuously at

8-41 each place where he engages in the practice of athletic training.

9-1 Sec. 33. 1. Except for a temporary license, each license to engage

9-2 in the practice of athletic training expires on June 30 of each year and

9-3 may be renewed if, before the license expires, the licensee submits to the

9-4 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 the

9-7 requirements for continuing education prescribed by the board pursuant

9-8 to section 18 of this act;

9-9 (c) The fee for the renewal of his license prescribed by the board

9-10 pursuant to section 34 of this act; and

9-11 (d) The statement required pursuant to section 28 of this act.

9-12 2. A license that expires pursuant to the provisions of this section

9-13 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 practice

9-16 of athletic training; and

9-17 (c) Submits to the board:

9-18 (1) The fee for the restoration of an expired license; and

9-19 (2) For each year that the license was expired, the fee for the

9-20 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 submitted

9-23 satisfactory proof of his ability to engage in the practice of athletic

9-24 training, the board may require the applicant to:

9-25 (a) Pass an examination prescribed by the board; and

9-26 (b) Engage in the practice of athletic training under the supervision of

9-27 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 a

9-40 hearing, the board determines that the applicant or licensee:

9-41 (a) Has submitted false or misleading information to the board or any

9-42 agency of this state, any other state, the Federal Government or the

9-43 District of Columbia.

10-1 (b) Has violated any provision of this chapter or any regulation

10-2 adopted pursuant thereto.

10-3 (c) Has been convicted of a felony, a crime relating to a controlled

10-4 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 60

10-10 days after he received the request.

10-11 (i) Has engaged in unethical or unprofessional conduct as it relates to

10-12 the practice of athletic training.

10-13 (j) Has been disciplined in another state, a territory or possession of

10-14 the United States or the District of Columbia for conduct that would be a

10-15 violation of the provisions of this chapter or any regulations adopted

10-16 pursuant thereto if the conduct were committed in this state.

10-17 (k) Has solicited or received compensation for services that he did not

10-18 provide.

10-19 (l) If the licensee is on probation, has violated the terms of his

10-20 probation.

10-21 (m) Has terminated his professional services to a client in a manner

10-22 that detrimentally affected that client.

10-23 2. The board may, if it determines that an applicant for a license or a

10-24 licensee has committed any of the acts set forth in subsection 1, after

10-25 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 the

10-32 board to conduct the investigation and hearing; or

10-33 (g) Impose any combination of actions set forth in paragraphs (a) to

10-34 (f), inclusive.

10-35 Sec. 36. 1. The board may conduct investigations and hold

10-36 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 examine

10-39 witnesses; and

10-40 (b) The board or any member thereof may issue subpoenas to compel

10-41 the attendance of witnesses and the production of books and papers.

11-1 3. Each witness who is subpoenaed to appear before the board is

11-2 entitled to receive for his attendance the same fees and mileage allowed

11-3 by law to a witness in a civil case. The amount must be paid by the party

11-4 who requested the subpoena. If any witness who has not been required to

11-5 attend at the request of any party is subpoenaed by the board, his fees

11-6 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 days

11-8 after it is issued, the chairman of the board may petition a court of

11-9 competent jurisdiction for an order of the court compelling compliance

11-10 with the subpoena.

11-11 5. Upon such a petition, the court shall enter an order directing the

11-12 person subpoenaed to appear before the court at a time and place to be

11-13 fixed by the court in its order, the time to be not more than 10 days after

11-14 the date of the order, and to show cause why he has not complied with

11-15 the subpoena. A certified copy of the order must be served upon the

11-16 person subpoenaed.

11-17 6. If it appears to the court that the subpoena was regularly issued by

11-18 the board, the court shall enter an order compelling compliance with the

11-19 subpoena. The failure of the person to obey the order is a contempt of the

11-20 court that issued the order.

11-21 Sec. 37. 1. Any records or information obtained during the course

11-22 of an investigation by the board are confidential until the investigation is

11-23 completed. Upon completion of the investigation, the records and

11-24 information are public records if:

11-25 (a) Disciplinary action was taken by the board as a result of the

11-26 investigation; or

11-27 (b) The person who was investigated submits a written request to the

11-28 board asking that the information and records be made public records.

11-29 2. The provisions of this section do not prohibit the board from

11-30 cooperating with another licensing board or any agency that is

11-31 investigating a licensee, including, without limitation, a law enforcement

11-32 agency.

11-33 Sec. 38. 1. A person who violates any provision of this chapter is

11-34 guilty of a misdemeanor.

11-35 2. If the board has reason to believe that a person has violated a

11-36 provision of this chapter or a regulation adopted pursuant thereto, the

11-37 board shall report the facts to the district attorney of the county where the

11-38 violation occurred, who may cause appropriate criminal proceedings to

11-39 be brought against that person.

11-40 Sec. 39. NRS 640.029 is hereby amended to read as follows:

11-41 640.029 [This chapter does] The provisions of this chapter do not

11-42 apply to an occupational therapist , [or] occupational therapy assistant or

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; and

12-3 3. Does not represent that he is a physical therapist or physical

12-4 therapist’s assistant, or that he practices physical therapy.

12-5 Sec. 40. NRS 200.5093 is hereby amended to read as follows:

12-6 200.5093 1. A person required to make a report pursuant to this

12-7 section shall make the report immediately, but in no event later than 24

12-8 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 the

12-11 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 county

12-14 where the suspected action occurred; or

12-15 (d) A toll-free telephone service designated by the aging services

12-16 division of the department of human resources.

12-17 If the report of abuse, neglect, exploitation or isolation of an older person

12-18 involves an act or omission of the welfare division, aging services division

12-19 or a law enforcement agency, the report must be made to an agency other

12-20 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 the

12-22 aging services division of the department of human resources.

12-23 2. Reports must be made by the following persons who, in their

12-24 professional or occupational capacities, know or have reason to believe that

12-25 an older person is being or has been abused, neglected, exploited or

12-26 isolated:

12-27 (a) Every physician, dentist, dental hygienist, chiropractor, optometrist,

12-28 podiatric physician, medical examiner, resident, intern, professional or

12-29 practical nurse, physician’s assistant, psychiatrist, psychologist, marriage

12-30 and family therapist, alcohol or drug abuse counselor, athletic trainer,

12-31 driver of an ambulance, advanced emergency medical technician or other

12-32 person providing medical services licensed or certified to practice in this

12-33 state, who examines, attends or treats an older person who appears to have

12-34 been abused, neglected, exploited or isolated.

12-35 (b) Any personnel of a hospital or similar institution engaged in the

12-36 admission, examination, care or treatment of persons or an administrator,

12-37 manager or other person in charge of a hospital or similar institution upon

12-38 notification of the suspected abuse, neglect, exploitation or isolation of an

12-39 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 religious

12-42 healer, unless he acquired the knowledge of abuse, neglect, exploitation or

12-43 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 provide

13-2 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 has

13-5 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 for

13-8 protective services or an adult or juvenile probation officer.

13-9 (i) Any person who maintains or is employed by a facility or

13-10 establishment that provides care for older persons.

13-11 (j) Any person who maintains, is employed by or serves as a volunteer

13-12 for an agency or service which advises persons regarding the abuse,

13-13 neglect, exploitation or isolation of an older person and refers them to

13-14 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 has

13-19 reasonable cause to believe that an older person has died as a result of

13-20 abuse, neglect or isolation shall report this belief to the appropriate medical

13-21 examiner or coroner, who shall investigate the cause of death of the older

13-22 person and submit to the appropriate local law enforcement agencies, the

13-23 appropriate prosecuting attorney and the aging services division of the

13-24 department of human resources his written findings. The written findings

13-25 must include the information required pursuant to the provisions of NRS

13-26 200.5094, when possible.

13-27 5. A division, office or department which receives a report pursuant to

13-28 this section shall cause the investigation of the report to commence within 3

13-29 working days. A copy of the final report of the investigation conducted by a

13-30 division, office or department, other than the aging services division of the

13-31 department of human resources, must be forwarded to the aging services

13-32 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 older

13-34 person is abused, neglected, exploited or isolated, the welfare division of

13-35 the department of human resources or the county’s office for protective

13-36 services may provide protective services to the older person if he is able

13-37 and willing to accept them.

13-38 7. A person who knowingly and willfully violates any of the provisions

13-39 of this section is guilty of a misdemeanor.

13-40 Sec. 41. NRS 218.825 is hereby amended to read as follows:

13-41 218.825 1. Each of the boards and commissions created by the

13-42 provisions of chapters 623 to 625A, inclusive, [chapters] 628 to 644,

13-43 inclusive, and [chapters] 654 and 656 of NRS and sections 2 to 38,

14-1 inclusive, of this act shall engage the services of a certified public

14-2 accountant or public accountant, or firm of either of such accountants, to

14-3 audit all of its fiscal records once each year for the preceding fiscal year or

14-4 once every other year for the 2 preceding fiscal years. The cost of the audit

14-5 must be paid by the board or commission audited.

14-6 2. A report of each such audit must be filed by the board or

14-7 commission with the legislative auditor and the director of the budget on or

14-8 before December 1 of each year in which an audit is conducted. All audits

14-9 must be conducted in accordance with generally accepted auditing

14-10 standards , and all financial statements must be prepared in accordance with

14-11 generally accepted principles of accounting for special revenue funds.

14-12 3. The legislative auditor shall audit the fiscal records of any such

14-13 board or commission whenever directed to do so by the legislative

14-14 commission. When the legislative commission directs such an audit, it shall

14-15 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:

14-17 284.013 1. Except as otherwise provided in subsection 4, this chapter

14-18 does not apply to:

14-19 (a) Agencies, bureaus, commissions, officers or personnel in the

14-20 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 or

14-23 council created in chapters 590, 623 to 625A, inclusive, 628, 630 to 644,

14-24 inclusive, 648, 652, 654 and 656 of NRS [;] and sections 2 to 38,

14-25 inclusive, of this act; or

14-26 (c) Officers or employees of any agency of the executive department of

14-27 the state government who are exempted by specific statute.

14-28 2. Except as otherwise provided in subsection 3, the terms and

14-29 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 fixed

14-32 by the appointing or employing authority within the limits of legislative

14-33 appropriations or authorizations.

14-34 3. Except as otherwise provided in this subsection, leaves of absence

14-35 prescribed pursuant to subsection 2 must not be of lesser duration than

14-36 those provided for other state officers and employees pursuant to the

14-37 provisions of this chapter. The provisions of this subsection do not govern

14-38 the legislative commission with respect to the personnel of the legislative

14-39 counsel bureau.

14-40 4. Any board, commission, committee or council created in chapters

14-41 590, 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 652, 654 and

14-42 656 of NRS and sections 2 to 38, inclusive, of this act which contracts for

15-1 the services of a person, shall require the contract for those services to be in

15-2 writing. The contract must be approved by the state board of examiners

15-3 before those services may be provided.

15-4 Sec. 43. NRS 353A.010 is hereby amended to read as follows:

15-5 353A.010 As used in this chapter, unless the context otherwise

15-6 requires:

15-7 1. "Agency" means every agency, department, division, board,

15-8 commission or similar body, or elected officer, of the executive branch of

15-9 the state, except:

15-10 (a) A board or commission created by the provisions of chapters 623 to

15-11 625, inclusive, 628 to 644, inclusive, 654 and 656 of NRS [.] and sections

15-12 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 method

15-20 through which agencies can safeguard assets, check the accuracy and

15-21 reliability of their accounting information, promote efficient operations and

15-22 encourage adherence to prescribed managerial policies.

15-23 Sec. 44. NRS 432B.220 is hereby amended to read as follows:

15-24 432B.220 1. A report must be made to an agency which provides

15-25 protective services or to a law enforcement agency immediately, but in no

15-26 event later than 24 hours after there is reason to believe that a child has

15-27 been abused or neglected. If the report of abuse or neglect of a child

15-28 involves the acts or omissions of:

15-29 (a) A person directly responsible or serving as a volunteer for or an

15-30 employee of a public or private home, institution or facility where the child

15-31 is receiving child care outside of his home for a portion of the day, the

15-32 report must be made to a law enforcement agency.

15-33 (b) An agency which provides protective services or a law enforcement

15-34 agency, the report must be made to and the investigation made by an

15-35 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 their

15-37 professional or occupational capacities, know or have reason to believe that

15-38 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 or

15-41 practical nurse, physician’s assistant, psychiatrist, psychologist, marriage

16-1 and family therapist, alcohol or drug abuse counselor, athletic trainer,

16-2 advanced emergency medical technician or other person providing medical

16-3 services licensed or certified in this state;

16-4 (b) Any personnel of a hospital or similar institution engaged in the

16-5 admission, examination, care or treatment of persons or an administrator,

16-6 manager or other person in charge of a hospital or similar institution upon

16-7 notification of suspected abuse or neglect of a child by a member of the

16-8 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 the

16-12 offender during a confession;

16-13 (e) A social worker and an administrator, teacher, librarian or counselor

16-14 of a school;

16-15 (f) Any person who maintains or is employed by a facility or

16-16 establishment that provides care for children, children’s camp or other

16-17 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 or

16-20 juvenile probation officer;

16-21 (i) An attorney, unless he has acquired the knowledge of the abuse or

16-22 neglect from a client who is or may be accused of the abuse or neglect; and

16-23 (j) Any person who maintains, is employed by or serves as a volunteer

16-24 for an agency or service which advises persons regarding abuse or neglect

16-25 of a child and refers them to persons and agencies where their requests and

16-26 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 reasonable

16-29 cause to believe that a child has died as a result of abuse or neglect shall

16-30 report this belief to the appropriate medical examiner or coroner, who shall

16-31 investigate the report and submit to an agency which provides protective

16-32 services his written findings, which must include the information required

16-33 under the provisions of subsection 2 of NRS 432B.230.

16-34 Sec. 45. NRS 608.0116 is hereby amended to read as follows:

16-35 608.0116 "Professional" means pertaining to an employee who is

16-36 licensed or certified by the State of Nevada for and engaged in the practice

16-37 of law or any of the professions regulated by chapters 623 to 645, inclusive,

16-38 of NRS [.] and sections 2 to 38, inclusive, of this act.

16-39 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 trainer

16-41 must:

16-42 (a) Be of good moral character;

17-1 (b) Be a citizen of the United States or lawfully entitled to

17-2 remain and work in the United States;

17-3 (c) Have at least a bachelor’s degree in a course of study

17-4 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 written

17-7 permission authorizing the board to forward the fingerprints to the

17-8 central repository for Nevada records of criminal history for

17-9 submission to the Federal Bureau of Investigation for its report;

17-10 (f) Pay the fees prescribed by the board pursuant to section 34 of

17-11 this act; and

17-12 (g) [Submit the statement required pursuant to section 28 of this

17-13 act; and

17-14 (h)] Except as otherwise provided in subsection 2 and section 26

17-15 of this act, pass the examination prepared by the National Athletic

17-16 Trainers Association Board of Certification, or its successor

17-17 organization.

17-18 2. An applicant who submits proof of his current certification

17-19 as an athletic trainer by the National Athletic Trainers Association

17-20 Board of Certification, or its successor organization, is not required

17-21 to pass the examination required by paragraph [(h)] (g) of

17-22 subsection 1.

17-23 3. An applicant who fails the examination may not reapply for a

17-24 license for at least 1 year after he submits his application to the

17-25 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 trainer

17-28 intern must:

17-29 (a) Be of good moral character;

17-30 (b) Be a citizen of the United States or lawfully entitled to

17-31 remain and work in the United States;

17-32 (c) Be enrolled in a course of study approved by the board and

17-33 enrolled in courses for which at least 6 semester hours of credit will

17-34 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 of

17-37 this act; and

17-38 (f) Except as otherwise provided in subsection 3, submit the

17-39 name of the athletic trainer who will supervise him . [; and

17-40 (g) Submit the statement required pursuant to section 28 of this

17-41 act.]

17-42 2. Except as otherwise provided in subsection 3, an athletic

17-43 trainer intern:

18-1 (a) May not engage in the practice of athletic training unless he

18-2 is under the supervision of an athletic trainer.

18-3 (b) Shall designate himself by the title "athletic trainer intern" or

18-4 "licensed athletic trainer intern" or by any other title that clearly

18-5 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 the

18-8 board;

18-9 (b) Is enrolled in courses for which at least 6 semester hours of

18-10 credit will be awarded each semester; and

18-11 (c) Is certified as an athletic trainer by the National Athletic

18-12 Trainers Association Board of Certification,

18-13 may engage in the practice of athletic training without the

18-14 supervision of an athletic trainer.

18-15 4. The board may, by regulation, prescribe fees for the issuance

18-16 of a license pursuant to this section based on the education of the

18-17 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 to

18-20 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 to

18-23 remain and work in the United States;

18-24 (c) Has at least a bachelor’s degree in a course of study

18-25 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 an

18-28 emergency basis; and

18-29 (f) Pays the fees prescribed by the board pursuant to section 34

18-30 of this act . [; and

18-31 (g) Submits the statement required pursuant to section 28 of this

18-32 act.]

18-33 2. A temporary license is valid for not more than 3 months and

18-34 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, the

18-37 board shall issue a license as an athletic trainer, without

18-38 examination, to an applicant who is licensed to engage in the

18-39 practice of athletic training in another state, territory or possession

18-40 of the United States or the District of Columbia if the applicant

18-41 submits to the board:

18-42 (a) An application on a form prescribed by the board; and

19-1 (b) The fees prescribed by the board pursuant to section 34 of

19-2 this act . [; and

19-3 (c) The statement required pursuant to section 28 of this act.]

19-4 2. The board shall not issue a license pursuant to this section

19-5 unless the jurisdiction in which the applicant is licensed had

19-6 requirements at the time the license was issued that the board

19-7 determines are substantially equivalent to the requirements for a

19-8 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 to

19-11 engage in the practice of athletic training expires on June 30 of each

19-12 year and may be renewed if, before the license expires, the licensee

19-13 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 the

19-16 requirements for continuing education prescribed by the board

19-17 pursuant to section 18 of this act; and

19-18 (c) The fee for the renewal of his license prescribed by the board

19-19 pursuant to section 34 of this act . [; and

19-20 (d) The statement required pursuant to section 28 of this act.]

19-21 2. A license that expires pursuant to the provisions of this

19-22 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 the

19-25 practice of athletic training; and

19-26 (c) Submits to the board:

19-27 (1) The fee for the restoration of an expired license; and

19-28 (2) For each year that the license was expired, the fee for the

19-29 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 submitted

19-32 satisfactory proof of his ability to engage in the practice of athletic

19-33 training, the board may require the applicant to:

19-34 (a) Pass an examination prescribed by the board; and

19-35 (b) Engage in the practice of athletic training under the

19-36 supervision of a person designated by the board for a period

19-37 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 not

19-40 required to be licensed as an athletic trainer or an intern athletic trainer

19-41 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 is

20-3 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 section

20-5 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 section

20-8 34 of this act;

20-9 (c) The statement required pursuant to section 28 of this act unless after

20-10 October 1, 1999, the provisions of 42 U.S.C. § 666 requiring each state to

20-11 establish procedures under which the state has authority to withhold or

20-12 suspend, or to restrict the use of professional, occupational and recreational

20-13 licenses of persons who:

20-14 (1) Have failed to comply with a subpoena or warrant relating to a

20-15 procedure to determine the paternity of a child or to establish or enforce an

20-16 obligation for the support of a child; or

20-17 (2) Are in arrears in the payment for the support of one or more

20-18 children,

20-19 are repealed by the Congress of the United States; and

20-20 (d) Is qualified for a license as an athletic trainer pursuant to the

20-21 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 Trainers

20-24 Association Board of Certification;

20-25 (b) Has a bachelor’s degree in a course of study approved by the board;

20-26 or

20-27 (c) Has education, training, experience or other qualifications that the

20-28 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 an

20-31 initial term pursuant to section 14 of this act must be eligible for a license

20-32 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 shall

20-34 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 to

20-39 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 date

21-2 on which the provisions of 42 U.S.C. § 666 requiring each state to establish

21-3 procedures under which the state has authority to withhold or suspend, or to

21-4 restrict the use of professional, occupational and recreational licenses of

21-5 persons who:

21-6 (a) Have failed to comply with a subpoena or warrant relating to a

21-7 procedure to determine the paternity of a child or to establish or enforce an

21-8 obligation for the support of a child; or

21-9 (b) Are in arrears in the payment for the support of one or more

21-10 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 on

21-13 which the provisions of 42 U.S.C. § 666 requiring each state to establish

21-14 procedures under which the state has authority to withhold or suspend, or to

21-15 restrict the use of professional, occupational and recreational licenses of

21-16 persons who:

21-17 (a) Have failed to comply with a subpoena or warrant relating to a

21-18 procedure to determine the paternity of a child or to establish or enforce an

21-19 obligation for the support of a child; or

21-20 (b) Are in arrears in the payment for the support of one or more

21-21 children,

21-22 are repealed by the Congress of the United States.

~