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 a person sustains as a

1-8 result of his participation in:

1-9 1. An athletic program conducted by a high school, college,

1-10 university or professional sports team; or

1-11 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 an

1-14 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 provisions

2-2 of this chapter.

2-3 Sec. 8. "Licensee" means a person who has been issued a license

2-4 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 recondition

2-11 an athletic injury;

2-12 4. Organizing and administering programs of athletic training; and

2-13 5. Providing information relating to athletic training to members of

2-14 the general public.

2-15 The term does not include the diagnosis of a physical disability or the use

2-16 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 a

2-19 learned profession, affecting public health, safety and welfare, and is

2-20 subject to regulation to protect the general public from the practice of

2-21 athletic training by unqualified persons and from unprofessional conduct

2-22 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 is

2-24 a revocable privilege, and the holder of the license does not acquire

2-25 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 his

2-29 license.

2-30 2. A person who is employed by the Federal Government and

2-31 engages in the practice of athletic training within the scope of that

2-32 employment.

2-33 3. A person who is employed as an athletic trainer outside this state if

2-34 he engages in the practice of athletic training within the scope of that

2-35 employment in connection with an athletic event held in this state.

2-36 4. A masseur who massages only the superficial soft tissues of the

2-37 body.

2-38 5. A student enrolled in a program of athletic training approved by

2-39 the board during his clinical training if the training is conducted under

2-40 the supervision of an athletic trainer who is immediately available in the

2-41 area where the student is working to provide aid, direction and

2-42 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 of

3-5 this chapter; and

3-6 (2) Have engaged in the practice of athletic training or taught or

3-7 conducted research concerning the practice of athletic training for the 5

3-8 years immediately preceding their appointments; and

3-9 (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; and

3-12 (b) May not serve more than two consecutive terms.

3-13 4. After the initial terms, the members of the board must be

3-14 appointed to terms of 3 years.

3-15 5. A vacancy on the board must be filled in the same manner as the

3-16 original appointment.

3-17 6. The governor may remove a member of the board for

3-18 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 for

3-20 any act that he has performed in good faith in the execution of his duties

3-21 pursuant to the provisions of this chapter.

3-22 Sec. 15. The Nevada Athletic Trainers Association, or its successor

3-23 organization, shall, at least 30 days before the beginning of a term of a

3-24 member of the board, or within 30 days after a position on the board

3-25 becomes vacant, submit to the governor the names of not less than three

3-26 persons or more than five persons who are qualified for membership on

3-27 the board for each position that must be filled by an athletic trainer. The

3-28 governor shall appoint new members or fill a vacancy from the list, or

3-29 request a new list. If the Nevada Athletic Trainers Association, or its

3-30 successor organization, fails to submit nominations for a position on the

3-31 board within the periods prescribed in this section, the governor may

3-32 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 the

3-35 board, and upon the written request of at least three members of the

3-36 board; and

3-37 (b) Elect from its members a chairman at the first meeting of each

3-38 year.

3-39 2. A majority of the members of the board constitutes a quorum for

3-40 the transaction of the business of the board.

3-41 Sec. 17. 1. The board shall prepare and maintain a separate list

3-42 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 suspended

4-3 within the preceding year.

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

4-5 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 and

4-8 transactions;

4-9 (b) Adopt a seal of which each court in this state shall take judicial

4-10 notice; and

4-11 (c) Enforce the provisions of this chapter and any regulations adopted

4-12 pursuant thereto.

4-13 Sec. 18. The board shall adopt regulations to carry out the

4-14 provisions of this chapter, including, without limitation, regulations that

4-15 establish:

4-16 1. The passing grade for the examination required by section 24 or

4-17 26 of this act;

4-18 2. The standards of practice for athletic trainers; and

4-19 3. The requirements for continuing education for the renewal of a

4-20 license of an athletic trainer. The requirements must be at least as

4-21 stringent as the requirements for continuing education for the renewal of

4-22 a certificate of an athletic trainer issued by the National Athletic Trainers

4-23 Association Board of Certification or its successor organization.

4-24 Sec. 19. A member of the board, an employee of the board or a

4-25 person designated by the board may inspect any office or facility where a

4-26 person is engaged in the practice of athletic training to determine

4-27 whether each person who is engaged in the practice of athletic training

4-28 in that office or facility is in compliance with the provisions of this

4-29 chapter and any regulations adopted pursuant thereto.

4-30 Sec. 20. 1. The board may employ an executive secretary and any

4-31 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 and

4-34 employee of the board is entitled to receive a per diem allowance and

4-35 travel expenses at a rate fixed by the board. The rate must not exceed the

4-36 rate provided for officers and employees of this state generally.

4-37 Sec. 21. The board shall operate on the basis of a fiscal year

4-38 beginning on July 1 and ending on June 30.

4-39 Sec. 22. 1. Except as otherwise provided in subsection 4, all

4-40 reasonable expenses incurred by the board in carrying out the provisions

4-41 of this chapter must be paid from the money that it receives. No part of

4-42 the salaries or expenses of the board may be paid from the state general

4-43 fund.

5-1 2. All money received by the board must be deposited in a bank or

5-2 other financial institution in this state and paid out on its order for its

5-3 expenses.

5-4 3. The board may delegate to a hearing officer or panel its authority

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

5-6 collect fines and penalties therefor and deposit the money therefrom in a

5-7 bank or other financial institution in this state.

5-8 4. If a hearing officer or panel is not authorized to take disciplinary

5-9 action pursuant to subsection 3 and the board deposits the money

5-10 collected from the imposition of fines with the state treasurer for credit to

5-11 the state general fund, it may present a claim to the state board of

5-12 examiners for recommendation to the interim finance committee if

5-13 money is needed to pay attorney’s fees or the costs of an investigation, or

5-14 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 practice

5-18 of athletic training; or

5-19 (c) Use in connection with his name any title, words, letters or other

5-20 designation intended to imply or designate him as a licensed athletic

5-21 trainer,

5-22 unless he has been issued a license as an athletic trainer by the board

5-23 pursuant to the provisions of this chapter.

5-24 2. If the board determines that a person has engaged, or is about to

5-25 engage, in any act or practice that constitutes, or will constitute, a

5-26 violation of the provisions of this section, the board may make an

5-27 application to an appropriate court for an order enjoining that act or

5-28 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 an

5-30 injunction against that act or practice. Such an injunction does not

5-31 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 and

5-35 work in the United States;

5-36 (c) Have at least a bachelor’s degree in a course of study approved by

5-37 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 permission

5-40 authorizing the board to forward the fingerprints to the central repository

5-41 for Nevada records of criminal history for submission to the Federal

5-42 Bureau of Investigation for its report;

6-1 (f) Pay the fees prescribed by the board pursuant to section 34 of this

6-2 act;

6-3 (g) Submit the statement required pursuant to section 28 of this act;

6-4 and

6-5 (h) Except as otherwise provided in subsection 2 and section 26 of this

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

6-7 Association Board of Certification, or its successor organization.

6-8 2. The board shall not approve a course of study described in

6-9 paragraph (c) of subsection 1 unless the course of study includes, without

6-10 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 athletic

6-14 injuries and illnesses; and

6-15 (c) The organization and administration of medical records and

6-16 training facilities.

6-17 3. An applicant who submits proof of his current certification as an

6-18 athletic trainer by the National Athletic Trainers Association Board of

6-19 Certification, or its successor organization, is not required to pass the

6-20 examination required by paragraph (h) of subsection 1.

6-21 4. An applicant who fails the examination may not reapply for a

6-22 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 of

6-25 Certification, or its successor organization, ceases to prepare the

6-26 examination required by section 24 of this act, the board shall prepare or

6-27 cause to be prepared an examination which must be offered not less than

6-28 two times each year.

6-29 Sec. 27. An application for a license must include the social security

6-30 number of the applicant.

6-31 Sec. 28. 1. An applicant for the issuance or renewal of a license

6-32 must submit to the board the statement prescribed by the welfare division

6-33 of the department of human resources pursuant to NRS 425.520. The

6-34 statement must be completed and signed by the applicant.

6-35 2. The board shall include the statement required pursuant to

6-36 subsection 1 in:

6-37 (a) The application or any other forms that must be submitted for the

6-38 issuance or renewal of the license; or

6-39 (b) A separate form prescribed by the board.

6-40 3. A license may not be issued or renewed by the board if the

6-41 applicant:

6-42 (a) Fails to submit the statement required pursuant to subsection 1; or

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

7-2 he is subject to a court order for the support of a child and is not in

7-3 compliance with the order or a plan approved by the district attorney or

7-4 other public agency enforcing the order for the repayment of the amount

7-5 owed pursuant to the order.

7-6 4. If an applicant indicates on the statement submitted pursuant to

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

7-8 and is not in compliance with the order or a plan approved by the district

7-9 attorney or other public agency enforcing the order for the repayment of

7-10 the amount owed pursuant to the order, the board shall advise the

7-11 applicant to contact the district attorney or other public agency enforcing

7-12 the order to determine the actions that the applicant may take to satisfy

7-13 the arrearage.

7-14 Sec. 29. 1. If the board receives a copy of a court order issued

7-15 pursuant to NRS 425.540 that provides for the suspension of all

7-16 professional, occupational and recreational licenses, certificates and

7-17 permits issued to a licensee, the board shall deem the license to be

7-18 suspended at the end of the 30th day after the date the court order was

7-19 issued unless the board receives a letter issued to the licensee by the

7-20 district attorney or other public agency pursuant to NRS 425.550 stating

7-21 that the licensee has complied with the subpoena or warrant or has

7-22 satisfied the arrearage pursuant to NRS 425.560.

7-23 2. The board shall reinstate a license that has been suspended by a

7-24 district court pursuant to NRS 425.540 if the board receives a letter

7-25 issued by the district attorney or other public agency pursuant to NRS

7-26 425.550 to the licensee stating that the licensee has complied with the

7-27 subpoena or warrant or has satisfied the arrearage pursuant to NRS

7-28 425.560.

7-29 Sec. 30. (Deleted by amendment.)

7-30 Sec. 31. 1. Except as otherwise provided in subsection 2, the board

7-31 shall issue a license as an athletic trainer, without examination, to an

7-32 applicant who is licensed to engage in the practice of athletic training in

7-33 another state, territory or possession of the United States or the District

7-34 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 and

7-38 (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 unless

7-40 the jurisdiction in which the applicant is licensed had requirements at the

7-41 time the license was issued that the board determines are substantially

7-42 equivalent to the requirements for a license as an athletic trainer set

7-43 forth in this chapter.

8-1 Sec. 32. Each licensee shall display his license conspicuously at

8-2 each place where he engages in the practice of athletic training.

8-3 Sec. 33. 1. Each license to engage in the practice of athletic

8-4 training expires on June 30 of each year and may be renewed if, before

8-5 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 the

8-8 requirements for continuing education prescribed by the board pursuant

8-9 to section 18 of this act;

8-10 (c) The fee for the renewal of his license prescribed by the board

8-11 pursuant to section 34 of this act; and

8-12 (d) The statement required pursuant to section 28 of this act.

8-13 2. A license that expires pursuant to the provisions of this section

8-14 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 practice

8-17 of athletic training; and

8-18 (c) Submits to the board:

8-19 (1) The fee for the restoration of an expired license; and

8-20 (2) For each year that the license was expired, the fee for the

8-21 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 submitted

8-24 satisfactory proof of his ability to engage in the practice of athletic

8-25 training, the board may require the applicant to:

8-26 (a) Pass an examination prescribed by the board; and

8-27 (b) Engage in the practice of athletic training for a period prescribed

8-28 by the board under the supervision of a person designated by the board

8-29 who is immediately available in the area where the applicant is working

8-30 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 a

8-41 hearing, the board determines that the applicant or licensee:

9-1 (a) Has submitted false or misleading information to the board or any

9-2 agency of this state, any other state, the Federal Government or the

9-3 District of Columbia.

9-4 (b) Has violated any provision of this chapter or any regulation

9-5 adopted pursuant thereto.

9-6 (c) Has been convicted of a felony, a crime relating to a controlled

9-7 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 60

9-13 days after he received the request.

9-14 (i) Has engaged in unethical or unprofessional conduct as it relates to

9-15 the practice of athletic training.

9-16 (j) Has been disciplined in another state, a territory or possession of

9-17 the United States or the District of Columbia for conduct that would be a

9-18 violation of the provisions of this chapter or any regulations adopted

9-19 pursuant thereto if the conduct were committed in this state.

9-20 (k) Has solicited or received compensation for services that he did not

9-21 provide.

9-22 (l) If the licensee is on probation, has violated the terms of his

9-23 probation.

9-24 (m) Has terminated his professional services to a client in a manner

9-25 that detrimentally affected that client.

9-26 2. The board may, if it determines that an applicant for a license or a

9-27 licensee has committed any of the acts set forth in subsection 1, after

9-28 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 the

9-35 board to conduct the investigation and hearing; or

9-36 (g) Impose any combination of actions set forth in paragraphs (a) to

9-37 (f), inclusive.

9-38 Sec. 36. 1. The board may conduct investigations and hold

9-39 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 examine

9-42 witnesses; and

10-1 (b) The board or any member thereof may issue subpoenas to compel

10-2 the attendance of witnesses and the production of books and papers.

10-3 3. Each witness who is subpoenaed to appear before the board is

10-4 entitled to receive for his attendance the same fees and mileage allowed

10-5 by law to a witness in a civil case. The amount must be paid by the party

10-6 who requested the subpoena. If any witness who has not been required to

10-7 attend at the request of any party is subpoenaed by the board, his fees

10-8 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 days

10-10 after it is issued, the chairman of the board may petition a court of

10-11 competent jurisdiction for an order of the court compelling compliance

10-12 with the subpoena.

10-13 5. Upon such a petition, the court shall enter an order directing the

10-14 person subpoenaed to appear before the court at a time and place to be

10-15 fixed by the court in its order, the time to be not more than 10 days after

10-16 the date of the order, and to show cause why he has not complied with

10-17 the subpoena. A certified copy of the order must be served upon the

10-18 person subpoenaed.

10-19 6. If it appears to the court that the subpoena was regularly issued by

10-20 the board, the court shall enter an order compelling compliance with the

10-21 subpoena. The failure of the person to obey the order is a contempt of the

10-22 court that issued the order.

10-23 Sec. 37. 1. Any records or information obtained during the course

10-24 of an investigation by the board are confidential until the investigation is

10-25 completed. Upon completion of the investigation, the records and

10-26 information are public records if:

10-27 (a) Disciplinary action was taken by the board as a result of the

10-28 investigation; or

10-29 (b) The person who was investigated submits a written request to the

10-30 board asking that the information and records be made public records.

10-31 2. The provisions of this section do not prohibit the board from

10-32 cooperating with another licensing board or any agency that is

10-33 investigating a licensee, including, without limitation, a law enforcement

10-34 agency.

10-35 Sec. 38. 1. A person who violates any provision of this chapter is

10-36 guilty of a misdemeanor.

10-37 2. If the board has reason to believe that a person has violated a

10-38 provision of this chapter or a regulation adopted pursuant thereto, the

10-39 board shall report the facts to the district attorney of the county where the

10-40 violation occurred, who may cause appropriate criminal proceedings to

10-41 be brought against that person.

11-1 Sec. 39. NRS 640.029 is hereby amended to read as follows:

11-2 640.029 [This chapter does] The provisions of this chapter do not

11-3 apply to an occupational therapist , [or] occupational therapy assistant or

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; and

11-7 3. Does not represent that he is a physical therapist or physical

11-8 therapist’s assistant, or that he practices physical therapy.

11-9 Sec. 40. NRS 200.5093 is hereby amended to read as follows:

11-10 200.5093 1. A person required to make a report pursuant to this

11-11 section shall make the report immediately, but in no event later than 24

11-12 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 the

11-15 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 county

11-18 where the suspected action occurred; or

11-19 (d) A toll-free telephone service designated by the aging services

11-20 division of the department of human resources.

11-21 If the report of abuse, neglect, exploitation or isolation of an older person

11-22 involves an act or omission of the welfare division, aging services division

11-23 or a law enforcement agency, the report must be made to an agency other

11-24 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 the

11-26 aging services division of the department of human resources.

11-27 2. Reports must be made by the following persons who, in their

11-28 professional or occupational capacities, know or have reason to believe that

11-29 an older person is being or has been abused, neglected, exploited or

11-30 isolated:

11-31 (a) Every physician, dentist, dental hygienist, chiropractor, optometrist,

11-32 podiatric physician, medical examiner, resident, intern, professional or

11-33 practical nurse, physician’s assistant, psychiatrist, psychologist, marriage

11-34 and family therapist, alcohol or drug abuse counselor, athletic trainer,

11-35 driver of an ambulance, advanced emergency medical technician or other

11-36 person providing medical services licensed or certified to practice in this

11-37 state, who examines, attends or treats an older person who appears to have

11-38 been abused, neglected, exploited or isolated.

11-39 (b) Any personnel of a hospital or similar institution engaged in the

11-40 admission, examination, care or treatment of persons or an administrator,

11-41 manager or other person in charge of a hospital or similar institution upon

11-42 notification of the suspected abuse, neglect, exploitation or isolation of an

11-43 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 religious

12-3 healer, unless he acquired the knowledge of abuse, neglect, exploitation or

12-4 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 provide

12-6 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 has

12-9 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 for

12-12 protective services or an adult or juvenile probation officer.

12-13 (i) Any person who maintains or is employed by a facility or

12-14 establishment that provides care for older persons.

12-15 (j) Any person who maintains, is employed by or serves as a volunteer

12-16 for an agency or service which advises persons regarding the abuse,

12-17 neglect, exploitation or isolation of an older person and refers them to

12-18 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 has

12-23 reasonable cause to believe that an older person has died as a result of

12-24 abuse, neglect or isolation shall report this belief to the appropriate medical

12-25 examiner or coroner, who shall investigate the cause of death of the older

12-26 person and submit to the appropriate local law enforcement agencies, the

12-27 appropriate prosecuting attorney and the aging services division of the

12-28 department of human resources his written findings. The written findings

12-29 must include the information required pursuant to the provisions of NRS

12-30 200.5094, when possible.

12-31 5. A division, office or department which receives a report pursuant to

12-32 this section shall cause the investigation of the report to commence within 3

12-33 working days. A copy of the final report of the investigation conducted by a

12-34 division, office or department, other than the aging services division of the

12-35 department of human resources, must be forwarded to the aging services

12-36 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 older

12-38 person is abused, neglected, exploited or isolated, the welfare division of

12-39 the department of human resources or the county’s office for protective

12-40 services may provide protective services to the older person if he is able

12-41 and willing to accept them.

12-42 7. A person who knowingly and willfully violates any of the provisions

12-43 of this section is guilty of a misdemeanor.

13-1 Sec. 41. NRS 218.825 is hereby amended to read as follows:

13-2 218.825 1. Each of the boards and commissions created by the

13-3 provisions of chapters 623 to 625A, inclusive, [chapters] 628 to 644,

13-4 inclusive, and [chapters] 654 and 656 of NRS and sections 2 to 38,

13-5 inclusive, of this act shall engage the services of a certified public

13-6 accountant or public accountant, or firm of either of such accountants, to

13-7 audit all of its fiscal records once each year for the preceding fiscal year or

13-8 once every other year for the 2 preceding fiscal years. The cost of the audit

13-9 must be paid by the board or commission audited.

13-10 2. A report of each such audit must be filed by the board or

13-11 commission with the legislative auditor and the director of the budget on or

13-12 before December 1 of each year in which an audit is conducted. All audits

13-13 must be conducted in accordance with generally accepted auditing

13-14 standards , and all financial statements must be prepared in accordance with

13-15 generally accepted principles of accounting for special revenue funds.

13-16 3. The legislative auditor shall audit the fiscal records of any such

13-17 board or commission whenever directed to do so by the legislative

13-18 commission. When the legislative commission directs such an audit, it shall

13-19 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:

13-21 284.013 1. Except as otherwise provided in subsection 4, this chapter

13-22 does not apply to:

13-23 (a) Agencies, bureaus, commissions, officers or personnel in the

13-24 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 or

13-27 council created in chapters 590, 623 to 625A, inclusive, 628, 630 to 644,

13-28 inclusive, 648, 652, 654 and 656 of NRS [;] and sections 2 to 38,

13-29 inclusive, of this act; or

13-30 (c) Officers or employees of any agency of the executive department of

13-31 the state government who are exempted by specific statute.

13-32 2. Except as otherwise provided in subsection 3, the terms and

13-33 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 fixed

13-36 by the appointing or employing authority within the limits of legislative

13-37 appropriations or authorizations.

13-38 3. Except as otherwise provided in this subsection, leaves of absence

13-39 prescribed pursuant to subsection 2 must not be of lesser duration than

13-40 those provided for other state officers and employees pursuant to the

13-41 provisions of this chapter. The provisions of this subsection do not govern

13-42 the legislative commission with respect to the personnel of the legislative

13-43 counsel bureau.

14-1 4. Any board, commission, committee or council created in chapters

14-2 590, 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 652, 654 and

14-3 656 of NRS and sections 2 to 38, inclusive, of this act which contracts for

14-4 the services of a person, shall require the contract for those services to be in

14-5 writing. The contract must be approved by the state board of examiners

14-6 before those services may be provided.

14-7 Sec. 43. NRS 353A.010 is hereby amended to read as follows:

14-8 353A.010 As used in this chapter, unless the context otherwise

14-9 requires:

14-10 1. "Agency" means every agency, department, division, board,

14-11 commission or similar body, or elected officer, of the executive branch of

14-12 the state, except:

14-13 (a) A board or commission created by the provisions of chapters 623 to

14-14 625, inclusive, 628 to 644, inclusive, 654 and 656 of NRS [.] and sections

14-15 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 method

14-23 through which agencies can safeguard assets, check the accuracy and

14-24 reliability of their accounting information, promote efficient operations and

14-25 encourage adherence to prescribed managerial policies.

14-26 Sec. 44. NRS 432B.220 is hereby amended to read as follows:

14-27 432B.220 1. A report must be made to an agency which provides

14-28 protective services or to a law enforcement agency immediately, but in no

14-29 event later than 24 hours after there is reason to believe that a child has

14-30 been abused or neglected. If the report of abuse or neglect of a child

14-31 involves the acts or omissions of:

14-32 (a) A person directly responsible or serving as a volunteer for or an

14-33 employee of a public or private home, institution or facility where the child

14-34 is receiving child care outside of his home for a portion of the day, the

14-35 report must be made to a law enforcement agency.

14-36 (b) An agency which provides protective services or a law enforcement

14-37 agency, the report must be made to and the investigation made by an

14-38 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 their

14-40 professional or occupational capacities, know or have reason to believe that

14-41 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 or

15-1 practical nurse, physician’s assistant, psychiatrist, psychologist, marriage

15-2 and family therapist, alcohol or drug abuse counselor, athletic trainer,

15-3 advanced emergency medical technician or other person providing medical

15-4 services licensed or certified in this state;

15-5 (b) Any personnel of a hospital or similar institution engaged in the

15-6 admission, examination, care or treatment of persons or an administrator,

15-7 manager or other person in charge of a hospital or similar institution upon

15-8 notification of suspected abuse or neglect of a child by a member of the

15-9 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 the

15-13 offender during a confession;

15-14 (e) A social worker and an administrator, teacher, librarian or counselor

15-15 of a school;

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

15-17 establishment that provides care for children, children’s camp or other

15-18 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 or

15-21 juvenile probation officer;

15-22 (i) An attorney, unless he has acquired the knowledge of the abuse or

15-23 neglect from a client who is or may be accused of the abuse or neglect; and

15-24 (j) Any person who maintains, is employed by or serves as a volunteer

15-25 for an agency or service which advises persons regarding abuse or neglect

15-26 of a child and refers them to persons and agencies where their requests and

15-27 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 reasonable

15-30 cause to believe that a child has died as a result of abuse or neglect shall

15-31 report this belief to the appropriate medical examiner or coroner, who shall

15-32 investigate the report and submit to an agency which provides protective

15-33 services his written findings, which must include the information required

15-34 under the provisions of subsection 2 of NRS 432B.230.

15-35 Sec. 45. NRS 608.0116 is hereby amended to read as follows:

15-36 608.0116 "Professional" means pertaining to an employee who is

15-37 licensed or certified by the State of Nevada for and engaged in the practice

15-38 of law or any of the professions regulated by chapters 623 to 645, inclusive,

15-39 of NRS [.] and sections 2 to 38, inclusive, of this act.

15-40 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 trainer

15-42 must:

15-43 (a) Be of good moral character;

16-1 (b) Be a citizen of the United States or lawfully entitled to

16-2 remain and work in the United States;

16-3 (c) Have at least a bachelor’s degree in a course of study

16-4 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 written

16-7 permission authorizing the board to forward the fingerprints to the

16-8 central repository for Nevada records of criminal history for

16-9 submission to the Federal Bureau of Investigation for its report;

16-10 (f) Pay the fees prescribed by the board pursuant to section 34 of

16-11 this act; and

16-12 (g) [Submit the statement required pursuant to section 28 of this

16-13 act; and

16-14 (h)] Except as otherwise provided in subsection 2 and section 26

16-15 of this act, pass the examination prepared by the National Athletic

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

16-17 organization.

16-18 2. An applicant who submits proof of his current certification

16-19 as an athletic trainer by the National Athletic Trainers Association

16-20 Board of Certification, or its successor organization, is not required

16-21 to pass the examination required by paragraph [(h)] (g) of

16-22 subsection 1.

16-23 3. An applicant who fails the examination may not reapply for a

16-24 license for at least 1 year after he submits his application to the

16-25 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, the

16-29 board shall issue a license as an athletic trainer, without

16-30 examination, to an applicant who is licensed to engage in the

16-31 practice of athletic training in another state, territory or possession

16-32 of the United States or the District of Columbia if the applicant

16-33 submits to the board:

16-34 (a) An application on a form prescribed by the board; and

16-35 (b) The fees prescribed by the board pursuant to section 34 of

16-36 this act . [; and

16-37 (c) The statement required pursuant to section 28 of this act.]

16-38 2. The board shall not issue a license pursuant to this section

16-39 unless the jurisdiction in which the applicant is licensed had

16-40 requirements at the time the license was issued that the board

16-41 determines are substantially equivalent to the requirements for a

16-42 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 athletic

17-3 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 the

17-7 requirements for continuing education prescribed by the board

17-8 pursuant to section 18 of this act; and

17-9 (c) The fee for the renewal of his license prescribed by the board

17-10 pursuant to section 34 of this act . [; and

17-11 (d) The statement required pursuant to section 28 of this act.]

17-12 2. A license that expires pursuant to the provisions of this

17-13 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 the

17-16 practice of athletic training; and

17-17 (c) Submits to the board:

17-18 (1) The fee for the restoration of an expired license; and

17-19 (2) For each year that the license was expired, the fee for the

17-20 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 submitted

17-23 satisfactory proof of his ability to engage in the practice of athletic

17-24 training, the board may require the applicant to:

17-25 (a) Pass an examination prescribed by the board; and

17-26 (b) Engage in the practice of athletic training for a period

17-27 prescribed by the board under the supervision of a person

17-28 designated by the board who is immediately available in the area

17-29 where the applicant is working to provide aid, direction and

17-30 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 not

17-33 required to be licensed as an athletic trainer pursuant to the provisions of

17-34 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 is

17-37 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 section

17-39 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 section

17-42 34 of this act;

18-1 (c) The statement required pursuant to section 28 of this act unless after

18-2 October 1, 1999, the provisions of 42 U.S.C. § 666 requiring each state to

18-3 establish procedures under which the state has authority to withhold or

18-4 suspend, or to restrict the use of professional, occupational and recreational

18-5 licenses of persons who:

18-6 (1) Have failed to comply with a subpoena or warrant relating to a

18-7 procedure to determine the paternity of a child or to establish or enforce an

18-8 obligation for the support of a child; or

18-9 (2) Are in arrears in the payment for the support of one or more

18-10 children,

18-11 are repealed by the Congress of the United States; and

18-12 (d) Is qualified for a license as an athletic trainer pursuant to the

18-13 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 Trainers

18-16 Association Board of Certification;

18-17 (b) Has a bachelor’s degree in a course of study approved by the board;

18-18 or

18-19 (c) Has education, training, experience or other qualifications that the

18-20 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 an

18-23 initial term pursuant to section 14 of this act must be eligible for a license

18-24 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 shall

18-26 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 to

18-31 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 date

18-35 on which the provisions of 42 U.S.C. § 666 requiring each state to establish

18-36 procedures under which the state has authority to withhold or suspend, or to

18-37 restrict the use of professional, occupational and recreational licenses of

18-38 persons who:

18-39 (a) Have failed to comply with a subpoena or warrant relating to a

18-40 procedure to determine the paternity of a child or to establish or enforce an

18-41 obligation for the support of a child; or

19-1 (b) Are in arrears in the payment for the support of one or more

19-2 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 on

19-5 which the provisions of 42 U.S.C. § 666 requiring each state to establish

19-6 procedures under which the state has authority to withhold or suspend, or to

19-7 restrict the use of professional, occupational and recreational licenses of

19-8 persons who:

19-9 (a) Have failed to comply with a subpoena or warrant relating to a

19-10 procedure to determine the paternity of a child or to establish or enforce an

19-11 obligation for the support of a child; or

19-12 (b) Are in arrears in the payment for the support of one or more

19-13 children,

19-14 are repealed by the Congress of the United States.

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