ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by deleting sections 1 through 107 and adding new sections designated sections 1 through 48 and the text of repealed sections, following the enacting clause, to read as follows:
Section 1. Chapter 622 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 7, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. “Immediate relative” means:
1. A spouse.
2. A parent, by blood, marriage or adoption.
3. A child, by blood, marriage or adoption.
Sec. 4. “License” means any license, certificate, registration, permit or similar type of authorization issued by a regulatory body.
Sec. 5. “Licensee” means a person who holds any license, certificate, registration, permit or similar type of authorization issued by a regulatory body.
Sec. 6. “Member of a regulatory body” means a person who is serving as a member or officer of a regulatory body.
Sec. 7. “Regulatory body” means:
1. Any agency, board or commission which has the authority to regulate an occupation or profession pursuant to this title; and
2. Any officer of an agency, board or commission which has the authority to regulate an occupation or profession pursuant to this title.
Sec. 8. In regulating an occupation or profession pursuant to this title, each regulatory body shall carry out and enforce the provisions of this title for the protection and benefit of the public.
Sec. 9. As soon as practicable after a person is first appointed to serve as a member of a regulatory body, the person must be provided with:
1. A written summary of the duties and responsibilities of a member of the regulatory body; and
2. Training on those duties and responsibilities by the Attorney General. The training must include, without limitation, instruction related to the audit that is required by NRS 218.825, except that a person who is a member of the Nevada State Board of Accountancy is not required to be provided with instruction related to that audit.
Sec. 10. Except as otherwise provided in section 11 of this act, a regulatory body may not employ a person whose immediate relative is a licensee of the regulatory body, unless the regulatory body implements policies and procedures to prevent the person who is employed by the regulatory body from participating in any activities that are directly related to the licensee.
Sec. 11. If a regulatory body employs a person as an executive director or executive secretary or in a position with powers and duties similar to those of an executive director or executive secretary, the person:
1. Must possess a level of education or experience, or a combination of both, to qualify the person to perform the administrative and managerial tasks required of the position; and
2. Must not be the immediate relative of:
(a) A member or employee of the regulatory body; or
(b) A licensee of the regulatory body.
Sec. 12. A regulatory body may not contract with a person to provide services to the regulatory body as an independent contractor if the person is the immediate relative of:
1. A member or employee of the regulatory body; or
2. A licensee of the regulatory body, unless the regulatory body implements policies and procedures to prevent the person who is the independent contractor from participating in any activities that are directly related to the licensee.
Sec. 13. If a licensee of a regulatory body appears before the regulatory body concerning any manner that is within the jurisdiction of the regulatory body, the licensee must disclose, to the best of his knowledge, whether an immediate relative of the licensee:
1. Is employed by the regulatory body; or
2. Has any financial, business, professional or personal relationship with a member or employee of the regulatory body.
Sec. 14. NRS 622.100 is hereby amended to read as follows:
622.100 1. Each [occupational licensing board] regulatory body shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau a summary of each disciplinary action taken by the regulatory body during the immediately preceding calendar quarter against [the holder of a license, certificate, registration or permit issued by the occupational licensing board.] any licensee of the regulatory body.
2. The Director of the Legislative Counsel Bureau shall:
(a) Provide any information he receives pursuant to subsection 1 to a member of the public upon request;
(b) Cause a notice of the availability of such information to be posted on the public website of the Nevada Legislature on the Internet; and
(c) Transmit a compilation of the information he receives pursuant to subsection 1 to the Legislative Commission quarterly, unless otherwise directed by the Commission.
Sec. 15. NRS 622.110 is hereby amended to read as follows:
622.110 1. Each [occupational licensing board] regulatory body shall, on or before November 1 of each even-numbered year, submit a report of its activities to the Director of the Legislative Counsel Bureau.
2. The report must include, without limitation:
(a) The number of licenses [, certificates, registrations and permits, respectively,] issued by the [occupational licensing board] regulatory body during the immediately preceding 2 fiscal years;
(b) A summary of the budget of the [occupational licensing board] regulatory body during the immediately preceding 2 fiscal years that is related to the duties of the [occupational licensing board] regulatory body pursuant to this title, including, without limitation, a description of all income and expenditures related to such duties;
(c) A summary of each disciplinary action taken by the regulatory body during the immediately preceding 2 fiscal years against [the holder of a license, certificate, registration or permit issued by the occupational licensing board;] any licensee of the regulatory body; and
(d) Any other information that is requested by the Director of the Legislative Counsel Bureau or which the [occupational licensing board] regulatory body determines would be helpful to the Legislature in evaluating whether the continued existence of the [occupational licensing board] regulatory body is necessary.
3. The Director of the Legislative Counsel Bureau shall compile all the reports he receives and distribute copies of the compilation to the Senate Standing Committee on Commerce and Labor and the Assembly Standing Committee on Commerce and Labor, which each shall review the compilation to determine whether the continued existence of each [occupational licensing board] regulatory body is necessary.
Sec. 16. NRS 623.050 is hereby amended to read as follows:
623.050 1. The State Board of Architecture, Interior Design and Residential Design, consisting of nine members appointed by the Governor, is hereby created.
2. The Governor shall appoint:
(a) Five members who are registered architects and have been in the active practice of architecture in the State of Nevada for not less than 3 years preceding their appointment.
(b) One member who is a registered residential designer.
(c) Two members who are registered interior designers and who are not registered architects or residential designers.
(d) One member who is a representative of the general public. This member must not be:
(1) A registered architect, a registered interior designer or a registered residential designer; or
(2) The spouse or the parent or child, by blood, marriage or adoption, of a registered architect, a registered interior designer or a registered residential designer.
3. Members of the Board must have been residents of this state for not less than 2 years preceding their appointment.
4. The Governor may, upon a bona fide complaint, and for good cause shown, after 10 days’ notice to any member against whom charges may be filed, and after opportunity for hearing, remove the member for inefficiency, neglect of duty or malfeasance in office.
Sec. 17. NRS 623A.080 is hereby amended to read as follows:
623A.080 1. The State Board of Landscape Architecture, consisting of five members appointed by the Governor, is hereby created.
2. The Governor shall appoint:
(a) Four members who, at the time of their appointment, are not the subject of any disciplinary action by the Board and who, for not less than 3 years immediately preceding their appointment, have been:
(1) Engaged in the practice of landscape architecture; and
(2) Holders of certificates of registration; and
(b) One member who is a representative of the general public. This member must not be:
(1) A landscape architect or a landscape architect intern; or
(2) The spouse or the parent or child, by blood, marriage or adoption, of a landscape architect or a landscape architect intern.
3. Each member must have been a resident of this state for not less than 3 years immediately preceding his appointment.
4. A member of the Board shall not serve for more than three terms.
5. Each member of the Board shall, within 30 days after he is appointed, take and subscribe to the oath of office as prescribed by the laws of this state and file the oath with the Secretary of State.
6. The member who is a representative of the general public shall not participate in preparing or grading any examination required by the Board.
7. Upon receipt of a complaint concerning a member of the Board and for good cause shown, the Governor may, after providing 10 days’ notice to the member and providing an opportunity for a hearing, remove the member for inefficiency, neglect of duty or malfeasance in office.
8. An appointment to fill a vacancy in the membership of the Board for a cause other than expiration of the term must be for the unexpired portion of the term.
9. A member, agent or employee of the Board or any hearing officer or member of a hearing panel appointed by the Board is immune from personal liability relating to any action taken in good faith and within the scope of his authority.
Sec. 18. NRS 624.050 is hereby amended to read as follows:
624.050 1. Six members of the Board must each:
(a) At the time of appointment, hold an unexpired license to operate as a contractor.
(b) Be a contractor actively engaged in the contracting business and must have been so engaged for not less than 5 years preceding the date of his appointment.
(c) Have been a citizen and resident of the State of Nevada for at least 5 years next preceding his appointment.
2. One member of the Board must be a representative of the general public. This member must not be:
(a) A licensed contractor; or
(b) The spouse or the parent or child, by blood, marriage or adoption, of a licensed contractor.
Sec. 19. NRS 625A.030 is hereby amended to read as follows:
625A.030 1. There is hereby created the Board of Registered Environmental Health Specialists, consisting of the State Health Officer or his designated representative and four members appointed by the Governor.
2. After the initial terms, each member appointed by the Governor must be appointed for a term of 3 years.
3. Of the members of the Board appointed by the Governor after his initial appointments[, two] :
(a) Two must represent the general public . [and two] These members must not be:
(1) An environmental health specialist; or
(2) The spouse or the parent or child, by blood, marriage or adoption, of an environmental health specialist.
(b) Two must be environmental health specialists, one employed by the health district containing Washoe County and one employed by the health district containing Clark County.
4. The Governor may, after notice and hearing, remove any member of the Board for misconduct in office, incompetency, neglect of duty or other sufficient cause.
5. The Board shall elect from its members who are not employees of the State a Chairman and a Secretary. The Chairman must be elected annually on July 1. The Secretary continues in office at the pleasure of the Board.
Sec. 20. NRS 628.045 is hereby amended to read as follows:
628.045 1. Except as otherwise provided in subsection 2, the Governor shall appoint to the Board six members who are certified public accountants in the State of Nevada and one member who is a registered public accountant in the State of Nevada. Of the six members who are certified public accountants:
(a) One member must be employed by the government or by private industry; and
(b) Five members must be engaged in the practice of public accounting.
2. Whenever the total number of registered public accountants who practice is 10 or fewer, the Board must consist of six members who are certified public accountants and the member who is a registered public accountant until his term of office expires. Thereafter, the Board must consist of [six] :
(a) Six members who are certified public accountants, one of whom must be employed by the government or by private industry . [, and one]
(b) One member who represents the public. This member must not be:
(1) A certified public accountant, a public accountant or a registered public accountant; or
(2) The spouse or the parent or child, by blood, marriage or adoption, of a certified public accountant, a public accountant or a registered public accountant.
3. No person may be appointed to the Board unless he is:
(a) Engaged in active practice as a certified public accountant or registered public accountant and holds a live permit to practice public accounting in this state, or is appointed as the member who represents the public.
(b) A resident of the State of Nevada.
Sec. 21. NRS 630.060 is hereby amended to read as follows:
630.060 1. Sixmembers of the Board must be persons who are licensed to practice medicine in this state, are actually engaged in the practice of medicine in this state and have resided and practiced medicine in this state for at least 5 years preceding their respective appointments.
2. One member of the Board must be a person who has resided in this state for at least 5 years and who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care. This member must not be licensed under the provisions of this chapter.
3. The remaining two members of the Board must be persons who have resided in this state for at least 5 years and who:
(a) Are not licensed in any state to practice any healing art;
(b) Are not the spouse or the parent or child, by blood, marriage or adoption, of a person licensed in any state to practice any healing art;
(c) Are not actively engaged in the administration of any facility for the dependent as defined in chapter 449 of NRS, medical facility or medical school; and
[(c)] (d) Do not have a pecuniary interest in any matter pertaining to the healing arts, except as a patient or potential patient.
[3.] 4. The members of the Board must be selected without regard to their individual political beliefs.
[4. The Board shall conduct training programs to assist new members of the Board in the performance of their duties.]
Sec. 22. NRS 630A.110 is hereby amended to read as follows:
630A.110 1. [Four] Three members of the Board must be persons who are licensed to practice allopathic or osteopathic medicine in any state or country, the District of Columbia or a territory or possession of the United States, have been engaged in the practice of homeopathic medicine in this state for a period of more than 2 years preceding their respective appointments, are actually engaged in the practice of homeopathic medicine in this state and are residents of the State.
2. One member of the Board must be a person who has resided in this state for at least 5 years and who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care. This member may be licensed under the provisions of this chapter.
3. The remaining three members of the Board must be persons who:
(a) Are not licensed in any state to practice any healing art;
(b) Are not the spouse or the parent or child, by blood, marriage or adoption, of a person licensed in any state to practice any healing art;
(c) Are not actively engaged in the administration of any medical facility or facility for the dependent as defined in chapter 449 of NRS;
[(c)] (d) Do not have a pecuniary interest in any matter pertaining to such a facility, except as a patient or potential patient; and
[(d)] (e) Have resided in this state for at least 5 years.
[3.] 4. The members of the Board must be selected without regard to their individual political beliefs.
[4.] 5. As used in this section, “healing art” means any system, treatment, operation, diagnosis, prescription or practice for the ascertainment, cure, relief, palliation, adjustment or correction of any human disease, ailment, deformity, injury, or unhealthy or abnormal physical or mental condition for the practice of which long periods of specialized education and training and a degree of specialized knowledge of an intellectual as well as physical nature are required.
Sec. 23. NRS 631.130 is hereby amended to read as follows:
631.130 1. The Governor shall appoint:
(a) [Seven] Six members who are graduates of accredited dental schools or colleges, are residents of Nevada and have ethically engaged in the practice of dentistry in Nevada for a period of 5 years.
(b) One member who has resided in Nevada for at least 5 years and who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care. This member may be licensed under the provisions of this chapter.
(c) Two members who:
(1) Are graduates of accredited schools or colleges of dental hygiene;
(2) Are residents of Nevada; and
(3) Have been actively engaged in the practice of dental hygiene in Nevada for a period of at least 5 years before their appointment to the Board.
[(c)] (d) One member who is a representative of the general public. This member must not be:
(1) A dentist or a dental hygienist; or
(2) The spouse or the parent or child, by blood, marriage or adoption, of a dentist or a dental hygienist.
2. The members who are dental hygienists may vote on all matters but may not participate in examinations for the licensing of dentists.
3. [The member who is a representative of the general public must] If a member is not licensed under the provisions of this chapter, the member shall not participate in grading any examination required by the Board.
Sec. 24. NRS 631.140 is hereby amended to read as follows:
631.140 1. The [seven] six members of the Board who are dentists , the member of the Board who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care, and the member of the Board who is a representative of the general public must be appointed from areas of the State as follows:
(a) Three of those members must be from Carson City, Douglas County or Washoe County.
(b) Four of those members must be from Clark County.
(c) One of those members may be from any county of the State.
2. One of the two members of the Board who are dental hygienists must be appointed from Clark County , [;] the other must be appointed from some other county of the State.
Sec. 25. NRS 632.030 is hereby amended to read as follows:
632.030 1. The Governor shall appoint:
(a) [Four] Three registered nurses who are graduates of an accredited school of nursing, are licensed as professional nurses in the State of Nevada and have been actively engaged in nursing for at least 5 years preceding the appointment.
(b) One practical nurse who is a graduate of an accredited school of practical nursing, is licensed as a practical nurse in this state and has been actively engaged in nursing for at least 5 years preceding the appointment.
(c) One nursing assistant who is certified pursuant to the provisions of this chapter.
(d) One member who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care. This member may be licensed under the provisions of this chapter.
(e) One member who is a representative of the general public. This member must not be:
(1) A licensed practical nurse, a registered nurse, a nursing assistant or an advanced practitioner of nursing; or
(2) The spouse or the parent or child, by blood, marriage or adoption, of a licensed practical nurse, a registered nurse, a nursing assistant or an advanced practitioner of nursing.
2. Each member of the Board must be:
(a) A citizen of the United States; and
(b) A resident of the State of Nevada who has resided in this state for not less than 2 years.
3. A representative of the general public may not:
(a) Have a fiduciary obligation to a hospital or other health agency;
(b) Have a material financial interest in the rendering of health services; or
(c) Be employed in the administration of health activities or the performance of health services.
4. The members appointed to the Board pursuant to paragraphs (a) and (b) of subsection 1 must be selected to provide the broadest representation of the various activities, responsibilities and types of service within the practice of nursing and related areas, which may include, without limitation, experience:
(a) In administration.
(b) In education.
(c) As an advanced practitioner of nursing.
(d) In an agency or clinic whose primary purpose is to provide medical assistance to persons of low and moderate incomes.
(e) In a licensed medical facility.
5. Each member of the Board shall serve a term of 4 years. If a vacancy occurs during a member’s term, the Governor shall appoint a person qualified under this section to replace that member for the remainder of the unexpired term.
6. No member of the Board may serve more than two consecutive terms. For the purposes of this subsection, service of 2 or more years in filling an unexpired term constitutes a term.
Sec. 26. NRS 633.181 is hereby amended to read as follows:
633.181 The State Board of Osteopathic Medicine consists of [five] seven members appointed by the Governor.
Sec. 27. NRS 633.191 is hereby amended to read as follows:
633.191 1. [Four] Five members of the Board must:
(a) Be licensed under this chapter;
(b) Be actually engaged in the practice of osteopathic medicine in this state; and
(c) Have been so engaged in this state for a period of more than 5 years preceding their appointment.
2. One member of the Board must be a resident of the State of Nevada and must represent the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care. This member must not be licensed under the provisions of this chapter.
3. The remaining member of the Board must be a resident of the State of Nevada[:] who is:
(a) Not licensed in any state to practice any healing art; [and]
(b) Not the spouse or the parent or child, by blood, marriage or adoption, of a person licensed in any state to practice any healing art; and
(c) Not actively engaged in the administration of any medical facility or facility for the dependent as defined in chapter 449 of NRS.
Sec. 28. NRS 633.331 is hereby amended to read as follows:
633.331 1. Examinations must be held at least once a year at the time and place fixed by the Board. The Board shall notify each applicant in writing of the examinations.
2. The examination must be fair and impartial, practical in character, and the questions must be designed to discover the applicant’s fitness.
3. The Board may employ specialists and other professional consultants or examining services in conducting the examination.
4. [The] Each member who is not licensed in any state to practice any healing art shall not participate in preparing, conducting or grading any examination required by the Board.
Sec. 29. NRS 634.020 is hereby amended to read as follows:
634.020 1. The Chiropractic Physicians’ Board of Nevada, consisting of six members appointed by the Governor, is hereby created.
2. The Governor shall appoint:
(a) [Five] Four members who are:
(1) Graduates of chiropractic schools or colleges giving a course of study embracing the following subjects: Anatomy, bacteriology, chiropractic theory and practice, diagnosis or analysis, elementary chemistry and toxicology, histology, hygiene and sanitation, obstetrics and gynecology, pathology, physiology and symptomatology;
(2) Licensed under this chapter; and
(3) Actually engaged in the practice of chiropractic in this state and who have been so engaged in this state for at least 3 years preceding their appointment.
(b) One member who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care. This member may be licensed under the provisions of this chapter.
(c) One member who is a representative of the general public. This member must not be:
(1) A chiropractor or a chiropractor’s assistant; or
(2) The spouse or the parent or child, by blood, marriage or adoption, of a chiropractor or a chiropractor’s assistant.
3. At least two of the appointees must have had a course in physiotherapy in a school or college of chiropractic. Not more than two persons who are resident graduates of the same school or college of chiropractic may serve simultaneously as members of the Board.
4. [The member who is a representative of the general public] If a member is not licensed under the provisions of this chapter, the member shall not participate in preparing any examination required by the Board.
Sec. 30. NRS 634A.030 is hereby amended to read as follows:
634A.030 1. The State Board of Oriental Medicine, consisting of five members appointed by the Governor, is hereby created.
2. The Governor shall appoint to the Board:
(a) [Three] Two members who are licensed pursuant to this chapter.
(b) One member who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care. This member may be licensed under the provisions of this chapter.
(c) Two members who are representatives of the general public. These members must not be:
(1) A doctor of Oriental medicine; or
(2) The spouse or the parent or child, by blood, marriage or adoption, of a doctor of Oriental medicine.
3. Each member of the Board shall, before entering upon the duties of his office, take the oath of office prescribed by the Constitution before someone qualified to administer oaths.
Sec. 31. NRS 635.020 is hereby amended to read as follows:
635.020 1. The State Board of Podiatry, consisting of five members appointed by the Governor, is hereby created.
2. The Governor shall appoint:
(a) [Four] Three members who are licensed podiatric physicians in the State of Nevada.
(b) One member who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care. This member may be licensed under the provisions of this chapter.
(c) One member who is a representative of the general public. This member must not be:
(1) A licensed podiatric physician in the State of Nevada; or
(2) The spouse or the parent or child, by blood, marriage or adoption, of a licensed podiatric physician in the State of Nevada.
3. The members of the Board are entitled to receive:
(a) A salary of not more than $80 per day, as fixed by the Board, while engaged in the business of the Board; and
(b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.
4. While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.
5. [The member who is a representative of the general public] If a member is not licensed under the provisions of this chapter, the member shall not participate in preparing, conducting or grading any examination required by the Board.
Sec. 32. NRS 636.035 is hereby amended to read as follows:
636.035 1. The Governor shall appoint:
(a) Three members who are licensed to practice optometry in the State of Nevada and are actually engaged in the practice of optometry.
(b) One member who is a representative of the general public. This member must not be:
(1) Licensed to practice optometry; or
(2) The spouse or the parent or child, by blood, marriage or adoption, of a person licensed to practice optometry.
2. A person shall not be appointed if he:
(a) Is the owner or co‑owner of, a stockholder in, or a member of the faculty or board of directors or trustees of, any school of optometry;
(b) Is financially interested, directly or indirectly, in the manufacture or wholesaling of optical supplies; or
(c) Has been convicted of a felony or a gross misdemeanor involving moral turpitude.
3. The member who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the Board.
Sec. 33. NRS 637.030 is hereby amended to read as follows:
637.030 1. The Board of Dispensing Opticians, consisting of five members appointed by the Governor, is hereby created.
2. The Governor shall appoint:
(a) Four members who have actively engaged in the practice of ophthalmic dispensing for not less than 3 years in the State of Nevada immediately preceding the appointment.
(b) One member who is a representative of the general public. This member must not be:
(1) A dispensing optician; or
(2) The spouse or the parent or child, by blood, marriage or adoption, of a dispensing optician.
3. The Governor, after hearing, may remove any member for cause.
4. The member who is the representative of the general public shall not participate in preparing, conducting or grading any examination required by the Board.
Sec. 34. NRS 637A.035 is hereby amended to read as follows:
637A.035 1. The Governor shall appoint:
(a) One member who is a physician with a specialty in otorhinolaryngology or otology.
(b) One member who is licensed to engage in the practice of audiology pursuant to chapter 637B of NRS.
(c) One member who is a hearing aid specialist.
(d) Two members who are representatives of the general public and have hearing disorders. These members must not be:
(1) A hearing aid specialist, a physician with a specialty in otorhinolaryngology or otology or a person licensed to engage in the practice of audiology pursuant to chapter 637B of NRS; or
(2) The spouse or the parent or child, by blood, marriage or adoption, of a hearing aid specialist, a physician with a specialty in otorhinolaryngology or otology or a person licensed to engage in the practice of audiology pursuant to chapter 637B of NRS.
2. After their initial terms, the members of the Board shall serve terms of 3 years.
3. No member of the Board may be a stockholder of a manufacturer.
4. The members of the Board serve at the pleasure of the Governor.
Sec. 35. NRS 637B.100 is hereby amended to read as follows:
637B.100 1. The Board of Examiners for Audiology and Speech Pathology, consisting of five members appointed by the Governor, is hereby created.
2. The Governor shall appoint:
(a) Two members who have been engaged in the practice of speech pathology for 2 years or more;
(b) One member who has been engaged in the practice of audiology for 2 years or more;
(c) One member who is a physician and who is certified by the Board of Medical Examiners as a specialist in otolaryngology, pediatrics or neurology; and
(d) One member who is a representative of the general public. This member must not be:
(1) A speech pathologist or an audiologist; or
(2) The spouse or the parent or child, by blood, marriage or adoption, of a speech pathologist or an audiologist.
3. Members of the Board who are speech pathologists and audiologists must be representative of the university, public school, hospital or private aspects of the practice of audiology and of speech pathology.
4. Each member of the Board who is a speech pathologist or audiologist must hold a current license issued pursuant to this chapter or a current certificate of clinical competence from the American [Speech and] Speech-Language-Hearing Association.
5. The member who is a representative of the general public may not participate in preparing, conducting or grading any examination required by the Board.
Sec. 36. NRS 638.020 is hereby amended to read as follows:
638.020 1. The Nevada State Board of Veterinary Medical Examiners is hereby created.
2. The Board consists of seven members appointed by the Governor.
3. Six of the members must:
(a) Be residents of the State of Nevada.
(b) Be graduates of a veterinary college approved by the American Veterinary Medical Association.
(c) Have been lawfully engaged in the private practice of veterinary medicine in the State of Nevada for at least 5 years next preceding the date of their appointment.
4. One member appointed by the Governor must be a representative of the general public. This member must not be:
(a) A veterinarian, a veterinary technician or a euthanasia technician; or
(b) The spouse or the parent or child, by blood, marriage or adoption, of a veterinarian, a veterinary technician or a euthanasia technician.
5. Any member may be removed from the Board by the Governor for good cause.
Sec. 37. NRS 640.030 is hereby amended to read as follows:
640.030 1. The State Board of Physical Therapy Examiners, consisting of five members appointed by the Governor, is hereby created.
2. The Governor shall appoint:
(a) Four members who are licensed physical therapists in the State of Nevada.
(b) One member who is a representative of the general public. This member must not be:
(1) A physical therapist, a physical therapist’s assistant or a physical therapist’s technician; or
(2) The spouse or the parent or child, by blood, marriage or adoption, of a physical therapist, a physical therapist’s assistant or a physical therapist’s technician.
3. The member who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the Board.
4. No member of the Board may serve more than two consecutive terms.
5. The Governor may remove any member of the Board for incompetency, neglect of duty, gross immorality or malfeasance in office.
6. A majority of the members of the Board constitutes a quorum.
7. No member of the Board may be held liable in a civil action for any act which he has performed in good faith in the execution of his duties under this chapter.
Sec. 38. NRS 640A.080 is hereby amended to read as follows:
640A.080 1. The Board of Occupational Therapy, consisting of five members appointed by the Governor, is hereby created.
2. The Governor shall appoint to the Board:
(a) One member who is a representative of the general public . [;] This member must not be:
(1) An occupational therapist or an occupational therapy assistant; or
(2) The spouse or the parent or child, by blood, marriage or adoption, of an occupational therapist or an occupational therapy assistant.
(b) One member who is an occupational therapist or occupational therapy assistant . [; and]
(c) Three members who are occupational therapists.
3. Each member of the Board must be a resident of Nevada. An occupational therapist or occupational therapy assistant appointed to the Board must:
(a) Have practiced, taught or conducted research in occupational therapy for the 5 years immediately preceding his appointment; and
(b) Except for the initial members, hold a license issued pursuant to this chapter.
4. No member of the Board may serve more than two consecutive terms.
5. If a vacancy occurs during a member’s term, the Governor shall appoint a person qualified under this section to replace that member for the remainder of the unexpired term.
Sec. 39. NRS 641.040 is hereby amended to read as follows:
641.040 1. The Governor shall appoint to the Board:
(a) Four members who are licensed psychologists in the State of Nevada with at least 5 years of experience in the practice of psychology after being licensed.
(b) One member who is a representative of the general public. This member must not be:
(1) A psychologist; or
(2) The spouse or the parent or child, by blood, marriage or adoption, of a psychologist.
2. A person is not eligible for appointment unless he is:
(a) A citizen of the United States; and
(b) A resident of the State of Nevada.
3. The member who is a representative of the general public:
(a) Shall not participate in preparing, conducting or grading any examination required by the Board.
(b) Must not be a psychologist, an applicant or former applicant for licensure as a psychologist, a member of a health profession or a member of a household that includes a psychologist.
4. Board members must not have any conflicts of interest or the appearance of such conflicts in the performance of their duties as members of the Board.
Sec. 40. NRS 641A.100 is hereby amended to read as follows:
641A.100 1. The Governor shall appoint to the Board:
(a) Four members who are licensed marriage and family therapists and are in good standing with or acceptable for membership in their local or state societies and associations when they exist; and
(b) Two members who are representatives of the general public. These members must not be:
(1) A marriage and family therapist; or
(2) The spouse or the parent or child, by blood, marriage or adoption, of a marriage and family therapist.
2. The members who are representatives of the general public shall not participate in preparing, conducting or grading any examination required by the Board.
3. The Governor may, after notice and hearing, remove any member of the Board for misconduct in office, incompetence, neglect of duty or other sufficient cause.
Sec. 41. NRS 641B.100 is hereby amended to read as follows:
641B.100 1. The Board of Examiners for Social Workers consists of five members appointed by the Governor.
2. Four members appointed to the Board must be licensed or eligible for licensure pursuant to this chapter, except the initial members who must be eligible for licensure.
3. One member appointed to the Board must be a representative of the general public. This member must not be:
(a) Licensed or eligible for licensure pursuant to this chapter; or
(b) The spouse or the parent or child, by blood, marriage or adoption, of a person who is licensed or eligible for licensure pursuant to this chapter.
Sec. 42. NRS 641C.150 is hereby amended to read as follows:
641C.150 1. The Board of Examiners for Alcohol and Drug Abuse Counselors, consisting of five members appointed by the Governor, is hereby created.
2. The Board must consist of:
(a) Three members who are licensed as alcohol and drug abuse counselors pursuant to the provisions of this chapter . [;]
(b) One member who is certified as an alcohol and drug abuse counselor pursuant to the provisions of this chapter . [; and]
(c) One member who is a representative of the general public. This member must not be:
(1) A licensed or certified alcohol and drug abuse counselor; or
(2) The spouse or the parent or child, by blood, marriage or adoption, of a licensed or certified alcohol and drug abuse counselor.
3. A person may not be appointed to the Board unless he is:
(a) A citizen of the United States or is lawfully entitled to remain and work in the United States; and
(b) A resident of this state.
4. No member of the Board may be held liable in a civil action for any act that he performs in good faith in the execution of his duties pursuant to the provisions of this chapter.
Sec. 43. NRS 648.020 is hereby amended to read as follows:
648.020 1. The Private Investigator’s Licensing Board, consisting of the Attorney General or his deputy and four members appointed by the Governor, is hereby created.
2. The Governor shall appoint:
(a) One member who is a private investigator.
(b) One member who is a private patrolman.
(c) One member who is a polygraphic examiner.
(d) One member who is a representative of the general public. This member must not be:
(1) A licensee; or
(2) The spouse or the parent or child, by blood, marriage or adoption, of a licensee.
3. The Chairman of the Board is the Attorney General or a deputy attorney general designated by the Attorney General to act in that capacity.
4. Each member of the Board, except the Chairman, is entitled to receive:
(a) A salary of not more than $80, as fixed by the Board, for each day or portion of a day during which he attends a meeting of the Board; and
(b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.
5. While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.
6. The member who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the Board.
Sec. 44. NRS 654.060 is hereby amended to read as follows:
654.060 1. The Governor shall appoint:
(a) Two members who are nursing facility administrators.
(b) One member who is an administrator of a residential facility for groups with less than seven clients.
(c) One member who is an administrator of a residential facility for groups with seven or more clients.
(d) One member who is a member of the medical or paramedical professions.
(e) One member who is a representative of the general public. This member must not be:
(1) A nursing facility administrator or an administrator of a residential facility for groups; or
(2) The spouse or the parent or child, by blood, marriage or adoption, of a nursing facility administrator or an administrator of a residential facility for groups.
2. The member who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the Board.
Sec. 45. NRS 218.825 is hereby amended to read as follows:
218.825 1. [Each of the boards and commissions] Except as otherwise provided in subsection 2, each board or commission created by the provisions of chapters 623 to 625A, inclusive, 628 to 644, inclusive, [and 641C,] 654 and 656 of NRS shall :
(a) If the revenue of the board or commission from all sources is less than $50,000 for any fiscal year, prepare a balance sheet for that fiscal year on the form provided by the Legislative Auditor and file the balance sheet with the Legislative Auditor and the Chief of the Budget Division of the Department of Administration on or before December 1 following the end of that fiscal year. The Legislative Auditor shall prepare and make available a form that must be used by a board or commission to prepare such a balance sheet.
(b) If the revenue of the board or commission from all sources is $50,000 or more for any fiscal year, engagethe services of a certified public accountant or public accountant, or firm of either of such accountants, to audit all its fiscal records [once each year for the preceding] for that fiscal year [or once every other year for the 2 preceding fiscal years. The cost of the audit must be paid by the board or commission audited.
2. A] and file a report of [each such audit must be filed by the board or commission] the audit with the Legislative Auditor and the [Director] Chief of the Budget Division of the Department of Administration on or before December 1 [of each year in which an audit is conducted. All audits] following the end of that fiscal year.
2. In lieu of preparing a balance sheet or having an audit conducted for a single fiscal year, a board or commission may engage the services of a certified public accountant or public accountant, or firm of either of such accountants, to audit all its fiscal records for a period covering two successive fiscal years. If such an audit is conducted, the board or commission shall file the report of the audit with the Legislative Auditor and the Chief of the Budget Division of the Department of Administration on or before December 1 following the end of the second fiscal year.
3. The cost of each audit conducted pursuant to subsection 1 or 2 must be paid by the board or commission that is audited. Each such audit must be conducted in accordance with generally accepted auditing standards and all financial statements must be prepared in accordance with generally accepted principles of accounting for special revenue funds.
[3. The]
4. Whether or not a board or commission is required to have its fiscal records audited pursuant to subsection 1 or 2, the Legislative Auditor shall audit the fiscal records of any such board or commission whenever directed to do so by the Legislative Commission. When the Legislative Commission directs such an audit, it shall also determine who is to pay the cost of the audit.
5. A person who is a state officer or employee of a board or commission is guilty of nonfeasance if the person:
(a) Is responsible for preparing a balance sheet or having an audit conducted pursuant to this section or is responsible for preparing or maintaining the fiscal records that are necessary to prepare a balance sheet or have an audit conducted pursuant to this section; and
(b)
Knowingly fails to prepare the balance sheet or have the audit conducted
pursuant to this section or knowingly fails to prepare or maintain the fiscal
records that are necessary
to prepare a balance sheet or have an audit conducted pursuant to this section.
6. In addition to any other remedy or penalty, a person who is guilty of nonfeasance pursuant to this section forfeits his state office or employment and may not be appointed to a state office or position of state employment for a period of 2 years following the forfeiture. The provisions of this subsection do not apply to a state officer who may be removed from office only by impeachment pursuant to Article 7 of the Nevada Constitution.
Sec. 46. As soon as practicable after October 1, 2003, the Governor shall appoint to the State Board of Osteopathic Medicine pursuant to:
1. Subsection 2 of NRS 633.191, one member whose term expires on September 30, 2006.
2. Subsection 1 of NRS 633.191, one member whose term expires on September 30, 2007.
Sec. 47. 1. The amendatory provisions of this act do not abrogate or affect the current term of office of any member of a board or commission who is serving in that term on October 1, 2003.
2. Notwithstanding the amendatory provisions of this act, if a person, on October 1, 2003, has a valid contract with a board or commission to perform any services as an independent contractor and the contract would otherwise violate the amendatory provisions of this act, the person may continue to perform those services for the board or commission under the terms of the contract in existence on October 1, 2003, for the remaining term of the contract.
3. Notwithstanding the amendatory provisions of this act, if a person, on October 1, 2003, is employed by a board or commission as an executive director or executive secretary or in a position with powers or duties similar to those of an executive director or executive secretary and the person does not possess the level of education or experience, or a combination of both, to qualify the person to perform the administrative and managerial tasks required of the position in accordance with the amendatory provisions of this act, the board or commission may continue to employ the person in the position until July 1, 2005, without the person complying with the amendatory provisions of this act.
Sec. 48. NRS 622.010 is hereby repealed.
TEXT OF REPEALED SECTION
622.010 “Occupational licensing board” defined. As used in this chapter, unless the context otherwise requires, “occupational licensing board” includes, without limitation:
1. The State Board of Architecture, Interior Design and Residential Design.
2. The State Board of Landscape Architecture.
3. The State Contractors’ Board.
4. The State Board of Professional Engineers and Land Surveyors.
5. The Board of Registered Environmental Health Specialists.
6. The Nevada State Board of Accountancy.
7. The Board of Medical Examiners.
8. The Board of Homeopathic Medical Examiners.
9. The Board of Dental Examiners of Nevada.
10. The State Board of Nursing.
11. The State Board of Osteopathic Medicine.
12. The Chiropractic Physicians’ Board of Nevada.
13. The State Board of Oriental Medicine.
14. The State Board of Podiatry.
15. The Nevada State Board of Optometry.
16. The Board of Dispensing Opticians.
17. The Board of Hearing Aid Specialists.
18. The Board of Examiners for Audiology and Speech Pathology.
19. The Nevada State Board of Veterinary Medical Examiners.
20. The State Board of Pharmacy.
21. The State Board of Physical Therapy Examiners.
22. The Board of Occupational Therapy.
23. The Board of Psychological Examiners.
24. The Board of Examiners for Marriage and Family Therapists.
25. The Board of Examiners for Social Workers.
26. The Board of Examiners for Alcohol and Drug Abuse Counselors.
27. The State Board of Funeral Directors, Embalmers and Operators of Cemeteries and Crematories.
28. The State Barbers’ Health and Sanitation Board.
29. The State Board of Cosmetology.
30. The Real Estate Division of the Department of Business and Industry.
31. The Commissioner of Financial Institutions.
32. The Private Investigator’s Licensing Board.
33. The Health Division of the Department of Human Resources.
34. The Nevada State Board of Examiners for Administrators of Facilities for Long-Term Care.
35. The Certified Court Reporters’ Board of Nevada.”.
Amend the title of the bill, thirteenth line, after “commissions;” by inserting:
“increasing the membership of the State Board of Osteopathic Medicine;”.