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 a person sustains as a1-8
result of his participation in:1-9
1. An athletic program conducted by a high school, college,1-10
university or professional sports team; or1-11
2. A program for the performing arts conducted by a high school,1-12
college or university.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. (Deleted by amendment.)1-16
Sec. 6. "Board" means the board of athletic trainers.2-1
Sec. 7. "License" means a license issued pursuant to the provisions2-2
of this chapter.2-3
Sec. 8. "Licensee" means a person who has been issued a license2-4
pursuant to the provisions of this chapter.2-5
Sec. 9. "Practice of athletic training" includes, without limitation:2-6
1. Performing tasks and skills necessary to prevent athletic injuries;2-7
2. Conducting tests and the interpretation of those tests to assess,2-8
manage, treat or recondition an athletic injury;2-9
3. Using heat, light, sound, cold, electricity, exercise, massage,2-10
soft-tissue mobilization or joint-tissue mobilization to treat or recondition2-11
an athletic injury;2-12
4. Organizing and administering programs of athletic training; and2-13
5. Providing information relating to athletic training to members of2-14
the general public.2-15
The term does not include the diagnosis of a physical disability or the use2-16
of X-rays, radium or electricity for cauterization or surgery.2-17
Sec. 10. (Deleted by amendment.)2-18
Sec. 11. The practice of athletic training is hereby declared to be a2-19
learned profession, affecting public health, safety and welfare, and is2-20
subject to regulation to protect the general public from the practice of2-21
athletic training by unqualified persons and from unprofessional conduct2-22
by persons who are licensed to engage in the practice of athletic training.2-23
Sec. 12. A license issued pursuant to the provisions of this chapter is2-24
a revocable privilege, and the holder of the license does not acquire2-25
thereby any vested right.2-26
Sec. 13. The provisions of this chapter do not apply to:2-27
1. A person who is licensed pursuant to chapters 630 to 637,2-28
inclusive, 640 or 640A of NRS, if he is acting within the scope of his2-29
license.2-30
2. A person who is employed by the Federal Government and2-31
engages in the practice of athletic training within the scope of that2-32
employment.2-33
3. A person who is employed as an athletic trainer outside this state if2-34
he engages in the practice of athletic training within the scope of that2-35
employment in connection with an athletic event held in this state.2-36
4. A masseur who massages only the superficial soft tissues of the2-37
body.2-38
5. A student enrolled in a program of athletic training approved by2-39
the board during his clinical training if the training is conducted under2-40
the supervision of an athletic trainer who is immediately available in the2-41
area where the student is working to provide aid, direction and2-42
instruction to the student.3-1
Sec. 14. 1. The board of athletic trainers is hereby created.3-2
2. The governor shall appoint to the board:3-3
(a) Four members who:3-4
(1) Are licensed as athletic trainers pursuant to the provisions of3-5
this chapter; and3-6
(2) Have engaged in the practice of athletic training or taught or3-7
conducted research concerning the practice of athletic training for the 53-8
years immediately preceding their appointments; and3-9
(b) One member who is a representative of the general public.3-10
3. Each member of the board:3-11
(a) Must be a resident of this state; and3-12
(b) May not serve more than two consecutive terms.3-13
4. After the initial terms, the members of the board must be3-14
appointed to terms of 3 years.3-15
5. A vacancy on the board must be filled in the same manner as the3-16
original appointment.3-17
6. The governor may remove a member of the board for3-18
incompetence, neglect of duty, moral turpitude or malfeasance in office.3-19
7. No member of the board may be held liable in a civil action for3-20
any act that he has performed in good faith in the execution of his duties3-21
pursuant to the provisions of this chapter.3-22
Sec. 15. The Nevada Athletic Trainers Association, or its successor3-23
organization, shall, at least 30 days before the beginning of a term of a3-24
member of the board, or within 30 days after a position on the board3-25
becomes vacant, submit to the governor the names of not less than three3-26
persons or more than five persons who are qualified for membership on3-27
the board for each position that must be filled by an athletic trainer. The3-28
governor shall appoint new members or fill a vacancy from the list, or3-29
request a new list. If the Nevada Athletic Trainers Association, or its3-30
successor organization, fails to submit nominations for a position on the3-31
board within the periods prescribed in this section, the governor may3-32
appoint any qualified person.3-33
Sec. 16. 1. The board shall:3-34
(a) Meet at least two times each year at the call of the chairman of the3-35
board, and upon the written request of at least three members of the3-36
board; and3-37
(b) Elect from its members a chairman at the first meeting of each3-38
year.3-39
2. A majority of the members of the board constitutes a quorum for3-40
the transaction of the business of the board.3-41
Sec. 17. 1. The board shall prepare and maintain a separate list3-42
of:3-43
(a) The licensees.4-1
(b) The applicants for a license.4-2
(c) The licensees whose licenses have been revoked or suspended4-3
within the preceding year.4-4
The board shall, upon request, disclose the information included in each4-5
list and may charge a fee for a copy of a list.4-6
2. The board shall:4-7
(a) Prepare and maintain a record of its proceedings and4-8
transactions;4-9
(b) Adopt a seal of which each court in this state shall take judicial4-10
notice; and4-11
(c) Enforce the provisions of this chapter and any regulations adopted4-12
pursuant thereto.4-13
Sec. 18. The board shall adopt regulations to carry out the4-14
provisions of this chapter, including, without limitation, regulations that4-15
establish:4-16
1. The passing grade for the examination required by section 24 or4-17
26 of this act;4-18
2. The standards of practice for athletic trainers; and4-19
3. The requirements for continuing education for the renewal of a4-20
license of an athletic trainer. The requirements must be at least as4-21
stringent as the requirements for continuing education for the renewal of4-22
a certificate of an athletic trainer issued by the National Athletic Trainers4-23
Association Board of Certification or its successor organization.4-24
Sec. 19. A member of the board, an employee of the board or a4-25
person designated by the board may inspect any office or facility where a4-26
person is engaged in the practice of athletic training to determine4-27
whether each person who is engaged in the practice of athletic training4-28
in that office or facility is in compliance with the provisions of this4-29
chapter and any regulations adopted pursuant thereto.4-30
Sec. 20. 1. The board may employ an executive secretary and any4-31
other persons necessary to carry out its duties.4-32
2. The members of the board are not entitled to receive a salary.4-33
3. While engaged in the business of the board, each member and4-34
employee of the board is entitled to receive a per diem allowance and4-35
travel expenses at a rate fixed by the board. The rate must not exceed the4-36
rate provided for officers and employees of this state generally.4-37
Sec. 21. The board shall operate on the basis of a fiscal year4-38
beginning on July 1 and ending on June 30.4-39
Sec. 22. 1. Except as otherwise provided in subsection 4, all4-40
reasonable expenses incurred by the board in carrying out the provisions4-41
of this chapter must be paid from the money that it receives. No part of4-42
the salaries or expenses of the board may be paid from the state general4-43
fund.5-1
2. All money received by the board must be deposited in a bank or5-2
other financial institution in this state and paid out on its order for its5-3
expenses.5-4
3. The board may delegate to a hearing officer or panel its authority5-5
to take any disciplinary action pursuant to this chapter, impose and5-6
collect fines and penalties therefor and deposit the money therefrom in a5-7
bank or other financial institution in this state.5-8
4. If a hearing officer or panel is not authorized to take disciplinary5-9
action pursuant to subsection 3 and the board deposits the money5-10
collected from the imposition of fines with the state treasurer for credit to5-11
the state general fund, it may present a claim to the state board of5-12
examiners for recommendation to the interim finance committee if5-13
money is needed to pay attorney’s fees or the costs of an investigation, or5-14
both.5-15
Sec. 23. 1. A person shall not:5-16
(a) Engage in the practice of athletic training;5-17
(b) Hold himself out as licensed or qualified to engage in the practice5-18
of athletic training; or5-19
(c) Use in connection with his name any title, words, letters or other5-20
designation intended to imply or designate him as a licensed athletic5-21
trainer,5-22
unless he has been issued a license as an athletic trainer by the board5-23
pursuant to the provisions of this chapter.5-24
2. If the board determines that a person has engaged, or is about to5-25
engage, in any act or practice that constitutes, or will constitute, a5-26
violation of the provisions of this section, the board may make an5-27
application to an appropriate court for an order enjoining that act or5-28
practice, and upon a showing by the board that the person has engaged,5-29
or is about to engage, in that act or practice, the court shall issue an5-30
injunction against that act or practice. Such an injunction does not5-31
prevent a criminal prosecution for that act or practice.5-32
Sec. 24. 1. An applicant for a license as an athletic trainer must:5-33
(a) Be of good moral character;5-34
(b) Be a citizen of the United States or lawfully entitled to remain and5-35
work in the United States;5-36
(c) Have at least a bachelor’s degree in a course of study approved by5-37
the board;5-38
(d) Submit an application on a form provided by the board;5-39
(e) Submit a complete set of his fingerprints and written permission5-40
authorizing the board to forward the fingerprints to the central repository5-41
for Nevada records of criminal history for submission to the Federal5-42
Bureau of Investigation for its report;6-1
(f) Pay the fees prescribed by the board pursuant to section 34 of this6-2
act;6-3
(g) Submit the statement required pursuant to section 28 of this act;6-4
and6-5
(h) Except as otherwise provided in subsection 2 and section 26 of this6-6
act, pass the examination prepared by the National Athletic Trainers6-7
Association Board of Certification, or its successor organization.6-8
2. The board shall not approve a course of study described in6-9
paragraph (c) of subsection 1 unless the course of study includes, without6-10
limitation, training relating to:6-11
(a) The prevention, recognition, evaluation, management, treatment,6-12
disposition and rehabilitation of athletic injuries and illnesses;6-13
(b) The education and counseling of athletes concerning athletic6-14
injuries and illnesses; and6-15
(c) The organization and administration of medical records and6-16
training facilities.6-17
3. An applicant who submits proof of his current certification as an6-18
athletic trainer by the National Athletic Trainers Association Board of6-19
Certification, or its successor organization, is not required to pass the6-20
examination required by paragraph (h) of subsection 1.6-21
4. An applicant who fails the examination may not reapply for a6-22
license for at least 1 year after he submits his application to the board.6-23
Sec. 25. (Deleted by amendment.)6-24
Sec. 26. If the National Athletic Trainers Association Board of6-25
Certification, or its successor organization, ceases to prepare the6-26
examination required by section 24 of this act, the board shall prepare or6-27
cause to be prepared an examination which must be offered not less than6-28
two times each year.6-29
Sec. 27. An application for a license must include the social security6-30
number of the applicant. Sec. 28. 1. An applicant for the issuance or renewal of a license6-32
must submit to the board the statement prescribed by the welfare division6-33
of the department of human resources pursuant to NRS 425.520. The6-34
statement must be completed and signed by the applicant.6-35
2. The board shall include the statement required pursuant to6-36
subsection 1 in:6-37
(a) The application or any other forms that must be submitted for the6-38
issuance or renewal of the license; or6-39
(b) A separate form prescribed by the board.6-40
3. A license may not be issued or renewed by the board if the6-41
applicant:6-42
(a) Fails to submit the statement required pursuant to subsection 1; or7-1
(b) Indicates on the statement submitted pursuant to subsection 1 that7-2
he is subject to a court order for the support of a child and is not in7-3
compliance with the order or a plan approved by the district attorney or7-4
other public agency enforcing the order for the repayment of the amount7-5
owed pursuant to the order.7-6
4. If an applicant indicates on the statement submitted pursuant to7-7
subsection 1 that he is subject to a court order for the support of a child7-8
and is not in compliance with the order or a plan approved by the district7-9
attorney or other public agency enforcing the order for the repayment of7-10
the amount owed pursuant to the order, the board shall advise the7-11
applicant to contact the district attorney or other public agency enforcing7-12
the order to determine the actions that the applicant may take to satisfy7-13
the arrearage.7-14
Sec. 29. 1. If the board receives a copy of a court order issued7-15
pursuant to NRS 425.540 that provides for the suspension of all7-16
professional, occupational and recreational licenses, certificates and7-17
permits issued to a licensee, the board shall deem the license to be7-18
suspended at the end of the 30th day after the date the court order was7-19
issued unless the board receives a letter issued to the licensee by the7-20
district attorney or other public agency pursuant to NRS 425.550 stating7-21
that the licensee has complied with the subpoena or warrant or has7-22
satisfied the arrearage pursuant to NRS 425.560.7-23
2. The board shall reinstate a license that has been suspended by a7-24
district court pursuant to NRS 425.540 if the board receives a letter7-25
issued by the district attorney or other public agency pursuant to NRS7-26
425.550 to the licensee stating that the licensee has complied with the7-27
subpoena or warrant or has satisfied the arrearage pursuant to NRS7-28
425.560.7-29
Sec. 30. (Deleted by amendment.)7-30
Sec. 31. 1. Except as otherwise provided in subsection 2, the board7-31
shall issue a license as an athletic trainer, without examination, to an7-32
applicant who is licensed to engage in the practice of athletic training in7-33
another state, territory or possession of the United States or the District7-34
of Columbia if the applicant submits to the board:7-35
(a) An application on a form prescribed by the board;7-36
(b) The fees prescribed by the board pursuant to section 34 of this act;7-37
and7-38
(c) The statement required pursuant to section 28 of this act.7-39
2. The board shall not issue a license pursuant to this section unless7-40
the jurisdiction in which the applicant is licensed had requirements at the7-41
time the license was issued that the board determines are substantially7-42
equivalent to the requirements for a license as an athletic trainer set7-43
forth in this chapter.8-1
Sec. 32. Each licensee shall display his license conspicuously at8-2
each place where he engages in the practice of athletic training.8-3
Sec. 33. 1. Each license to engage in the practice of athletic8-4
training expires on June 30 of each year and may be renewed if, before8-5
the license expires, the licensee submits to the board:8-6
(a) An application on a form prescribed by the board;8-7
(b) If he is an athletic trainer, proof of his completion of the8-8
requirements for continuing education prescribed by the board pursuant8-9
to section 18 of this act;8-10
(c) The fee for the renewal of his license prescribed by the board8-11
pursuant to section 34 of this act; and8-12
(d) The statement required pursuant to section 28 of this act.8-13
2. A license that expires pursuant to the provisions of this section8-14
may be restored if the applicant:8-15
(a) Complies with the provisions of subsection 1;8-16
(b) Submits to the board proof of his ability to engage in the practice8-17
of athletic training; and8-18
(c) Submits to the board:8-19
(1) The fee for the restoration of an expired license; and8-20
(2) For each year that the license was expired, the fee for the8-21
renewal of a license,8-22
prescribed by the board pursuant to section 34 of this act.8-23
3. If the board determines that an applicant has not submitted8-24
satisfactory proof of his ability to engage in the practice of athletic8-25
training, the board may require the applicant to:8-26
(a) Pass an examination prescribed by the board; and8-27
(b) Engage in the practice of athletic training for a period prescribed8-28
by the board under the supervision of a person designated by the board8-29
who is immediately available in the area where the applicant is working8-30
to provide aid, direction and instruction to the applicant.8-31
Sec. 34. The board shall, by regulation, prescribe the fees for:8-32
1. An examination for a license.8-33
2. An application for a license.8-34
3. An application for a license without examination.8-35
4. The initial issuance of a license.8-36
5. The annual renewal of a license.8-37
6. The restoration of an expired license.8-38
7. A duplicate license.8-39
Sec. 35. 1. The board may refuse to issue a license to an applicant,8-40
or may take disciplinary action against a licensee, if, after notice and a8-41
hearing, the board determines that the applicant or licensee:9-1
(a) Has submitted false or misleading information to the board or any9-2
agency of this state, any other state, the Federal Government or the9-3
District of Columbia.9-4
(b) Has violated any provision of this chapter or any regulation9-5
adopted pursuant thereto.9-6
(c) Has been convicted of a felony, a crime relating to a controlled9-7
substance or a crime involving moral turpitude.9-8
(d) Is addicted to alcohol or any controlled substance.9-9
(e) Has violated the provisions of NRS 200.5093 or 432B.220.9-10
(f) Is guilty of gross negligence in his practice as an athletic trainer.9-11
(g) Is not competent to engage in the practice of athletic training.9-12
(h) Has failed to provide information requested by the board within 609-13
days after he received the request.9-14
(i) Has engaged in unethical or unprofessional conduct as it relates to9-15
the practice of athletic training.9-16
(j) Has been disciplined in another state, a territory or possession of9-17
the United States or the District of Columbia for conduct that would be a9-18
violation of the provisions of this chapter or any regulations adopted9-19
pursuant thereto if the conduct were committed in this state.9-20
(k) Has solicited or received compensation for services that he did not9-21
provide.9-22
(l) If the licensee is on probation, has violated the terms of his9-23
probation.9-24
(m) Has terminated his professional services to a client in a manner9-25
that detrimentally affected that client.9-26
2. The board may, if it determines that an applicant for a license or a9-27
licensee has committed any of the acts set forth in subsection 1, after9-28
notice and a hearing:9-29
(a) Refuse to issue a license to the applicant;9-30
(b) Refuse to renew or restore the license of the licensee;9-31
(c) Suspend or revoke the license of the licensee;9-32
(d) Place the licensee on probation;9-33
(e) Impose an administrative fine of not more than $5,000;9-34
(f) Require the applicant or licensee to pay the costs incurred by the9-35
board to conduct the investigation and hearing; or9-36
(g) Impose any combination of actions set forth in paragraphs (a) to9-37
(f), inclusive.9-38
Sec. 36. 1. The board may conduct investigations and hold9-39
hearings to carry out its duties pursuant to the provisions of this chapter.9-40
2. In such a hearing:9-41
(a) Any member of the board may administer oaths and examine9-42
witnesses; and10-1
(b) The board or any member thereof may issue subpoenas to compel10-2
the attendance of witnesses and the production of books and papers.10-3
3. Each witness who is subpoenaed to appear before the board is10-4
entitled to receive for his attendance the same fees and mileage allowed10-5
by law to a witness in a civil case. The amount must be paid by the party10-6
who requested the subpoena. If any witness who has not been required to10-7
attend at the request of any party is subpoenaed by the board, his fees10-8
and mileage must be paid from the money of the board.10-9
4. If any person fails to comply with the subpoena within 10 days10-10
after it is issued, the chairman of the board may petition a court of10-11
competent jurisdiction for an order of the court compelling compliance10-12
with the subpoena.10-13
5. Upon such a petition, the court shall enter an order directing the10-14
person subpoenaed to appear before the court at a time and place to be10-15
fixed by the court in its order, the time to be not more than 10 days after10-16
the date of the order, and to show cause why he has not complied with10-17
the subpoena. A certified copy of the order must be served upon the10-18
person subpoenaed.10-19
6. If it appears to the court that the subpoena was regularly issued by10-20
the board, the court shall enter an order compelling compliance with the10-21
subpoena. The failure of the person to obey the order is a contempt of the10-22
court that issued the order.10-23
Sec. 37. 1. Any records or information obtained during the course10-24
of an investigation by the board are confidential until the investigation is10-25
completed. Upon completion of the investigation, the records and10-26
information are public records if:10-27
(a) Disciplinary action was taken by the board as a result of the10-28
investigation; or10-29
(b) The person who was investigated submits a written request to the10-30
board asking that the information and records be made public records.10-31
2. The provisions of this section do not prohibit the board from10-32
cooperating with another licensing board or any agency that is10-33
investigating a licensee, including, without limitation, a law enforcement10-34
agency.10-35
Sec. 38. 1. A person who violates any provision of this chapter is10-36
guilty of a misdemeanor.10-37
2. If the board has reason to believe that a person has violated a10-38
provision of this chapter or a regulation adopted pursuant thereto, the10-39
board shall report the facts to the district attorney of the county where the10-40
violation occurred, who may cause appropriate criminal proceedings to10-41
be brought against that person.11-1
Sec. 39. NRS 640.029 is hereby amended to read as follows: 640.02911-3
apply to an occupational therapist ,11-4
athletic trainer who:11-5
1. Is licensed to practice in this state;11-6
2. Practices within the scope of that license; and11-7
3. Does not represent that he is a physical therapist or physical11-8
therapist’s assistant, or that he practices physical therapy.11-9
Sec. 40. NRS 200.5093 is hereby amended to read as follows: 200.5093 1. A person required to make a report pursuant to this11-11
section shall make the report immediately, but in no event later than 2411-12
hours after there is reason to believe that an older person has been abused,11-13
neglected, exploited or isolated. The report must be made to:11-14
(a) The local office of the welfare or aging services division of the11-15
department of human resources;11-16
(b) A police department or sheriff’s office;11-17
(c) The county’s office for protective services, if one exists in the county11-18
where the suspected action occurred; or11-19
(d) A toll-free telephone service designated by the aging services11-20
division of the department of human resources.11-21
If the report of abuse, neglect, exploitation or isolation of an older person11-22
involves an act or omission of the welfare division, aging services division11-23
or a law enforcement agency, the report must be made to an agency other11-24
than the one alleged to have committed the act or omission. Each agency,11-25
after reducing the report to writing, shall forward a copy of the report to the11-26
aging services division of the department of human resources.11-27
2. Reports must be made by the following persons who, in their11-28
professional or occupational capacities, know or have reason to believe that11-29
an older person is being or has been abused, neglected, exploited or11-30
isolated:11-31
(a) Every physician, dentist, dental hygienist, chiropractor, optometrist,11-32
podiatric physician, medical examiner, resident, intern, professional or11-33
practical nurse, physician’s assistant, psychiatrist, psychologist, marriage11-34
and family therapist, alcohol or drug abuse counselor, athletic trainer,11-35
driver of an ambulance, advanced emergency medical technician or other11-36
person providing medical services licensed or certified to practice in this11-37
state, who examines, attends or treats an older person who appears to have11-38
been abused, neglected, exploited or isolated.11-39
(b) Any personnel of a hospital or similar institution engaged in the11-40
admission, examination, care or treatment of persons or an administrator,11-41
manager or other person in charge of a hospital or similar institution upon11-42
notification of the suspected abuse, neglect, exploitation or isolation of an11-43
older person by a member of the staff of the hospital.12-1
(c) A coroner.12-2
(d) Every clergyman, practitioner of Christian Science or religious12-3
healer, unless he acquired the knowledge of abuse, neglect, exploitation or12-4
isolation of the older person from the offender during a confession.12-5
(e) Every person who maintains or is employed by an agency to provide12-6
nursing in the home.12-7
(f) Every attorney, unless he has acquired the knowledge of abuse,12-8
neglect, exploitation or isolation of the older person from a client who has12-9
been or may be accused of such abuse, neglect, exploitation or isolation.12-10
(g) Any employee of the department of human resources.12-11
(h) Any employee of a law enforcement agency or a county’s office for12-12
protective services or an adult or juvenile probation officer.12-13
(i) Any person who maintains or is employed by a facility or12-14
establishment that provides care for older persons.12-15
(j) Any person who maintains, is employed by or serves as a volunteer12-16
for an agency or service which advises persons regarding the abuse,12-17
neglect, exploitation or isolation of an older person and refers them to12-18
persons and agencies where their requests and needs can be met.12-19
(k) Every social worker.12-20
(l) Any person who owns or is employed by a funeral home or mortuary.12-21
3. A report may be filed by any other person.12-22
4. A person required to make a report pursuant to this section who has12-23
reasonable cause to believe that an older person has died as a result of12-24
abuse, neglect or isolation shall report this belief to the appropriate medical12-25
examiner or coroner, who shall investigate the cause of death of the older12-26
person and submit to the appropriate local law enforcement agencies, the12-27
appropriate prosecuting attorney and the aging services division of the12-28
department of human resources his written findings. The written findings12-29
must include the information required pursuant to the provisions of NRS12-30
200.5094, when possible.12-31
5. A division, office or department which receives a report pursuant to12-32
this section shall cause the investigation of the report to commence within 312-33
working days. A copy of the final report of the investigation conducted by a12-34
division, office or department, other than the aging services division of the12-35
department of human resources, must be forwarded to the aging services12-36
division within 90 days after the completion of the report.12-37
6. If the investigation of the report results in the belief that the older12-38
person is abused, neglected, exploited or isolated, the welfare division of12-39
the department of human resources or the county’s office for protective12-40
services may provide protective services to the older person if he is able12-41
and willing to accept them.12-42
7. A person who knowingly and willfully violates any of the provisions12-43
of this section is guilty of a misdemeanor.13-1
Sec. 41. NRS 218.825 is hereby amended to read as follows: 218.825 1. Each of the boards and commissions created by the13-3
provisions of chapters 623 to 625A, inclusive,13-4
inclusive, and13-5
inclusive, of this act shall engage the services of a certified public13-6
accountant or public accountant, or firm of either of such accountants, to13-7
audit all of its fiscal records once each year for the preceding fiscal year or13-8
once every other year for the 2 preceding fiscal years. The cost of the audit13-9
must be paid by the board or commission audited.13-10
2. A report of each such audit must be filed by the board or13-11
commission with the legislative auditor and the director of the budget on or13-12
before December 1 of each year in which an audit is conducted. All audits13-13
must be conducted in accordance with generally accepted auditing13-14
standards , and all financial statements must be prepared in accordance with13-15
generally accepted principles of accounting for special revenue funds.13-16
3. The legislative auditor shall audit the fiscal records of any such13-17
board or commission whenever directed to do so by the legislative13-18
commission. When the legislative commission directs such an audit, it shall13-19
also determine who is to pay the cost of the audit.13-20
Sec. 42. NRS 284.013 is hereby amended to read as follows: 284.013 1. Except as otherwise provided in subsection 4, this chapter13-22
does not apply to:13-23
(a) Agencies, bureaus, commissions, officers or personnel in the13-24
legislative department or the judicial department of state government,13-25
including the commission on judicial discipline;13-26
(b) Any person who is employed by a board, commission, committee or13-27
council created in chapters 590, 623 to 625A, inclusive, 628, 630 to 644,13-28
inclusive, 648, 652, 654 and 656 of NRS13-29
inclusive, of this act; or13-30
(c) Officers or employees of any agency of the executive department of13-31
the state government who are exempted by specific statute.13-32
2. Except as otherwise provided in subsection 3, the terms and13-33
conditions of employment of all persons referred to in subsection 1,13-34
including salaries not prescribed by law and leaves of absence, including,13-35
without limitation, annual leave and sick and disability leave, must be fixed13-36
by the appointing or employing authority within the limits of legislative13-37
appropriations or authorizations.13-38
3. Except as otherwise provided in this subsection, leaves of absence13-39
prescribed pursuant to subsection 2 must not be of lesser duration than13-40
those provided for other state officers and employees pursuant to the13-41
provisions of this chapter. The provisions of this subsection do not govern13-42
the legislative commission with respect to the personnel of the legislative13-43
counsel bureau.14-1
4. Any board, commission, committee or council created in chapters14-2
590, 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 652, 654 and14-3
656 of NRS and sections 2 to 38, inclusive, of this act which contracts for14-4
the services of a person, shall require the contract for those services to be in14-5
writing. The contract must be approved by the state board of examiners14-6
before those services may be provided.14-7
Sec. 43. NRS 353A.010 is hereby amended to read as follows: 353A.010 As used in this chapter, unless the context otherwise14-9
requires:14-10
1. "Agency" means every agency, department, division, board,14-11
commission or similar body, or elected officer, of the executive branch of14-12
the state, except:14-13
(a) A board or commission created by the provisions of chapters 623 to14-14
625, inclusive, 628 to 644, inclusive, 654 and 656 of NRS14-15
2 to 38, inclusive, of this act.14-16
(b) The University and Community College System of Nevada.14-17
(c) The public employees’ retirement system.14-18
(d) The state industrial insurance system.14-19
(e) The housing division of the department of business and industry.14-20
(f) The Colorado River commission.14-21
2. "Director" means the director of the department of administration.14-22
3. "Internal accounting and administrative control" means a method14-23
through which agencies can safeguard assets, check the accuracy and14-24
reliability of their accounting information, promote efficient operations and14-25
encourage adherence to prescribed managerial policies.14-26
Sec. 44. NRS 432B.220 is hereby amended to read as follows: 432B.220 1. A report must be made to an agency which provides14-28
protective services or to a law enforcement agency immediately, but in no14-29
event later than 24 hours after there is reason to believe that a child has14-30
been abused or neglected. If the report of abuse or neglect of a child14-31
involves the acts or omissions of:14-32
(a) A person directly responsible or serving as a volunteer for or an14-33
employee of a public or private home, institution or facility where the child14-34
is receiving child care outside of his home for a portion of the day, the14-35
report must be made to a law enforcement agency.14-36
(b) An agency which provides protective services or a law enforcement14-37
agency, the report must be made to and the investigation made by an14-38
agency other than the one alleged to have committed the acts or omissions.14-39
2. Reports must be made by the following persons who, in their14-40
professional or occupational capacities, know or have reason to believe that14-41
a child has been abused or neglected:14-42
(a) A physician, dentist, dental hygienist, chiropractor, optometrist,14-43
podiatric physician, medical examiner, resident, intern, professional or15-1
practical nurse, physician’s assistant, psychiatrist, psychologist, marriage15-2
and family therapist, alcohol or drug abuse counselor, athletic trainer,15-3
advanced emergency medical technician or other person providing medical15-4
services licensed or certified in this state;15-5
(b) Any personnel of a hospital or similar institution engaged in the15-6
admission, examination, care or treatment of persons or an administrator,15-7
manager or other person in charge of a hospital or similar institution upon15-8
notification of suspected abuse or neglect of a child by a member of the15-9
staff of the hospital;15-10
(c) A coroner;15-11
(d) A clergyman, practitioner of Christian Science or religious healer,15-12
unless he has acquired the knowledge of the abuse or neglect from the15-13
offender during a confession;15-14
(e) A social worker and an administrator, teacher, librarian or counselor15-15
of a school;15-16
(f) Any person who maintains or is employed by a facility or15-17
establishment that provides care for children, children’s camp or other15-18
public or private facility, institution or agency furnishing care to a child;15-19
(g) Any person licensed to conduct a foster home;15-20
(h) Any officer or employee of a law enforcement agency or an adult or15-21
juvenile probation officer;15-22
(i) An attorney, unless he has acquired the knowledge of the abuse or15-23
neglect from a client who is or may be accused of the abuse or neglect; and15-24
(j) Any person who maintains, is employed by or serves as a volunteer15-25
for an agency or service which advises persons regarding abuse or neglect15-26
of a child and refers them to persons and agencies where their requests and15-27
needs can be met.15-28
3. A report may be made by any other person.15-29
4. Any person required to report under this section who has reasonable15-30
cause to believe that a child has died as a result of abuse or neglect shall15-31
report this belief to the appropriate medical examiner or coroner, who shall15-32
investigate the report and submit to an agency which provides protective15-33
services his written findings, which must include the information required15-34
under the provisions of subsection 2 of NRS 432B.230.15-35
Sec. 45. NRS 608.0116 is hereby amended to read as follows: 608.0116 "Professional" means pertaining to an employee who is15-37
licensed or certified by the State of Nevada for and engaged in the practice15-38
of law or any of the professions regulated by chapters 623 to 645, inclusive,15-39
of NRS15-40
Sec. 46. Section 24 of this act is hereby amended to read as follows:15-41
Sec. 24. 1. An applicant for a license as an athletic trainer15-42
must:15-43
(a) Be of good moral character;16-1
(b) Be a citizen of the United States or lawfully entitled to16-2
remain and work in the United States;16-3
(c) Have at least a bachelor’s degree in a course of study16-4
approved by the board;16-5
(d) Submit an application on a form provided by the board;16-6
(e) Submit a complete set of his fingerprints and written16-7
permission authorizing the board to forward the fingerprints to the16-8
central repository for Nevada records of criminal history for16-9
submission to the Federal Bureau of Investigation for its report;16-10
(f) Pay the fees prescribed by the board pursuant to section 34 of16-11
this act; and16-12
(g)16-13
16-14
16-15
of this act, pass the examination prepared by the National Athletic16-16
Trainers Association Board of Certification, or its successor16-17
organization.16-18
2. An applicant who submits proof of his current certification16-19
as an athletic trainer by the National Athletic Trainers Association16-20
Board of Certification, or its successor organization, is not required16-21
to pass the examination required by paragraph16-22
subsection 1.16-23
3. An applicant who fails the examination may not reapply for a16-24
license for at least 1 year after he submits his application to the16-25
board.16-26
Secs. 47 and 48. (Deleted by amendment.)16-27
Sec. 49. Section 31 of this act is hereby amended to read as follows:16-28
Sec. 31. 1. Except as otherwise provided in subsection 2, the16-29
board shall issue a license as an athletic trainer, without16-30
examination, to an applicant who is licensed to engage in the16-31
practice of athletic training in another state, territory or possession16-32
of the United States or the District of Columbia if the applicant16-33
submits to the board:16-34
(a) An application on a form prescribed by the board; and16-35
(b) The fees prescribed by the board pursuant to section 34 of16-36
this act .16-37
16-38
2. The board shall not issue a license pursuant to this section16-39
unless the jurisdiction in which the applicant is licensed had16-40
requirements at the time the license was issued that the board16-41
determines are substantially equivalent to the requirements for a16-42
license as an athletic trainer set forth in this chapter.17-1
Sec. 50. Section 33 of this act is hereby amended to read as follows:17-2
Sec. 33. 1. Each license to engage in the practice of athletic17-3
training expires on June 30 of each year and may be renewed if,17-4
before the license expires, the licensee submits to the board:17-5
(a) An application on a form prescribed by the board;17-6
(b) If he is an athletic trainer, proof of his completion of the17-7
requirements for continuing education prescribed by the board17-8
pursuant to section 18 of this act; and17-9
(c) The fee for the renewal of his license prescribed by the board17-10
pursuant to section 34 of this act .17-11
17-12
2. A license that expires pursuant to the provisions of this17-13
section may be restored if the applicant:17-14
(a) Complies with the provisions of subsection 1;17-15
(b) Submits to the board proof of his ability to engage in the17-16
practice of athletic training; and17-17
(c) Submits to the board:17-18
(1) The fee for the restoration of an expired license; and17-19
(2) For each year that the license was expired, the fee for the17-20
renewal of a license,17-21
prescribed by the board pursuant to section 34 of this act.17-22
3. If the board determines that an applicant has not submitted17-23
satisfactory proof of his ability to engage in the practice of athletic17-24
training, the board may require the applicant to:17-25
(a) Pass an examination prescribed by the board; and17-26
(b) Engage in the practice of athletic training for a period17-27
prescribed by the board under the supervision of a person17-28
designated by the board who is immediately available in the area17-29
where the applicant is working to provide aid, direction and17-30
instruction to the applicant.17-31
Sec. 51. Notwithstanding the provisions of sections 2 to 38, inclusive,17-32
of this act, a person who engages in the practice of athletic training is not17-33
required to be licensed as an athletic trainer pursuant to the provisions of17-34
this act before July 1, 2000.17-35
Sec. 52. 1. Notwithstanding the provisions of sections 2 to 38,17-36
inclusive, of this act, a person may be licensed as an athletic trainer, if he is17-37
employed as an athletic trainer on October 1, 1999, and, before April 1,17-38
2000, he submits to the board of athletic trainers created pursuant to section17-39
14 of this act:17-40
(a) An application for a license on a form provided by the board;17-41
(b) The fee for the license prescribed by the board pursuant to section17-42
34 of this act;18-1
(c) The statement required pursuant to section 28 of this act unless after18-2
October 1, 1999, the provisions of 42 U.S.C. § 666 requiring each state to18-3
establish procedures under which the state has authority to withhold or18-4
suspend, or to restrict the use of professional, occupational and recreational18-5
licenses of persons who:18-6
(1) Have failed to comply with a subpoena or warrant relating to a18-7
procedure to determine the paternity of a child or to establish or enforce an18-8
obligation for the support of a child; or18-9
(2) Are in arrears in the payment for the support of one or more18-10
children,18-11
are repealed by the Congress of the United States; and18-12
(d) Is qualified for a license as an athletic trainer pursuant to the18-13
provisions of subsection 2.18-14
2. An applicant is qualified for a license as an athletic trainer if he:18-15
(a) Is certified as an athletic trainer by the National Athletic Trainers18-16
Association Board of Certification;18-17
(b) Has a bachelor’s degree in a course of study approved by the board;18-18
or18-19
(c) Has education, training, experience or other qualifications that the18-20
board determines qualify him to engage in the practice of athletic training.18-21
Sec. 53. 1. Notwithstanding the provisions of section 14 of this act,18-22
each athletic trainer who is appointed to the board of athletic trainers to an18-23
initial term pursuant to section 14 of this act must be eligible for a license18-24
as an athletic trainer at the time he is appointed to the board.18-25
2. As soon as practicable after October 1, 1999, the governor shall18-26
appoint to the board of athletic trainers:18-27
(a) One member whose term expires on September 30, 2000.18-28
(b) Two members whose terms expire on September 30, 2001.18-29
(c) Two members whose terms expire on September 30, 2002.18-30
Sec. 54. The amendatory provisions of this act do not apply to18-31
offenses that were committed before October 1, 1999.18-32
Sec. 55. 1. This section and sections 1 to 45, inclusive, and 51 to 54,18-33
inclusive, of this act become effective on October 1, 1999.18-34
2. Sections 46 to 50, inclusive, of this act become effective on the date18-35
on which the provisions of 42 U.S.C. § 666 requiring each state to establish18-36
procedures under which the state has authority to withhold or suspend, or to18-37
restrict the use of professional, occupational and recreational licenses of18-38
persons who:18-39
(a) Have failed to comply with a subpoena or warrant relating to a18-40
procedure to determine the paternity of a child or to establish or enforce an18-41
obligation for the support of a child; or19-1
(b) Are in arrears in the payment for the support of one or more19-2
children,19-3
are repealed by the Congress of the United States.19-4
3. Sections 27, 28 and 29 of this act expire by limitation on the date on19-5
which the provisions of 42 U.S.C. § 666 requiring each state to establish19-6
procedures under which the state has authority to withhold or suspend, or to19-7
restrict the use of professional, occupational and recreational licenses of19-8
persons who:19-9
(a) Have failed to comply with a subpoena or warrant relating to a19-10
procedure to determine the paternity of a child or to establish or enforce an19-11
obligation for the support of a child; or19-12
(b) Are in arrears in the payment for the support of one or more19-13
children,19-14
are repealed by the Congress of the United States.~